JOURNAL OF THE 1147TH MEETING OF BOARD OF TRUSTEES THE METROPOUTAN ST. IDUIS SEWER DISTRICT OCnXDBER 12, :00 P. M.

Transcription

1 Amended on Page 2 JOURNAL OF THE 1147TH MEETNG OF BOARD OF TRUSTEES THE METROPOUTAN ST. DUS SEWER DSTRCT OCnXDBER 12, :00 P. M. The Trustees of the Districat met in the Bcaard Rcaom at 2000 Hajrpton Avenue on the above date. Present at neeting: Board of Trustees Staff ^felmbers T. A. Matheny, Vice Chairman F. G. Kriz, Execautive Director F. C. Borghi C. B. Kaiser, Jr., Asst. Execautive Direcator R. E. Jones and General Ccaunsel D. J. Patterson C. M. Etwert, Chief Operating Officaer F. R. Slay N. F. Stevens, Direcrtor of Financae H. A. FriecJman, absent Also present were George W. Sabre, 40 Forestvale Drive, Chesterfield, Misscauri; Vera Falk, #5 Frontenac Estates, St. Louis, Misscauri; Emil E. Fleck, Jr., Ccaopers & Li±)rand; Jean Dean, League of Women Voters; Tom Sullivan, 16 North Central, St. louis, Misscauri; Dorothy Waters, 105 N. Sappington, St. Louis, Missouri; W. D. Rbberts, 592 Virginia, St. Louis, Missouri; Joseph Patterson, 5822 Columbia, St. Louis, Misscauri; Joy A. Howard, Stifel, Nicolaus & Ccjtrpany, ncorporated; Dorothy Cablish, 7331 Shaftesbury, St. louis, Missouri; Jim Farrell, Administrative Asst. to Ccaunty Execautive, St. Louis County; Matt Mattingly, Suburban News Bureau reporter; P. L. BracSy, Subdistricat Develcapment Engineer; Terry Briggs, Director of Coramunicaations; R. G. Butchko, Direcator of Engineering; J. F. Kcaeper, Director of Operations; D. P. Moschenrcass, Direcator of Acininistration; M. L. Parker, Connection Dedication Engineer; J. W. Scahmid, Director of Corrpliancae Projecats, K. J. Tyminski, Direcator of nternal Audit; and Jo Ann Keating, Secaretary to the Bcaard of Trustees. Vice Chainnan Matheny presided. Joumal of the meeting of September 28, 1988 (1146th) was presented and read. Motion made by Mr. Borr^ii, secaorded by Mr. Slay, that same be approved as read. No discaussion. ifotion passed - 5 ayes, no nays. Mr. Matheny recacagnized Mr. George Sabre,' vaio had asked to acidress the Bcaard. Mr. Sabre read aloud a letter he had written to Chairman Harvey FriecJman and the Board of Trustees (copy attacahed).

2 Mr. Matheny called upon Ms. Roberts, vdio had asked to address the Bcaard. Ms. Roberts ea^ressed her concaem that a major ordinance like was to be introcjuced and adopted at today's meeting. She suggested that since this is such an iicportant item and that the need for short-term borrowing in this fiscaal year had been known for several months, this item ccauld have appeared on an earlier Bcaard meeting agenda, v^ch wcauld have allcwed the public to became more aware of the circumstances of this emergency ordinancae. Mr. Matheny reccagnized Mr. Emil Fleck of Coopers & L^^rand. Mr. Fleck stated that copies of District financial statements and audit report were available to the members of the Board and to the public at the table behind the secretary. He ccaramented briefly on the fact that there was a change in auditing standards and that the cjualification that had appeared in last year's certificate relative to pending litigation had been removed from this year's certificate as that litigation had been resolved. He suggested that the Board ask detailed cguestions about the financial statements and the audit report at the first meeting in November, at v^ich time the management letter would also be presented. Mr. Matheny and the Bcaard concurred with Mr. Fleck's request. Mr. Matheny called upon Mr. Stevens to make a caash flow presentation on the Clean Water Capital mprovement Trust Fund. Mr. Stevens itade a presentation (Eadiibits A & B attached) showing the estimated caash disbursements by projecat and estimated cash recaeipts for the Clean Water Capitcil nprovement Trust Fund for the remainder of the fiscal year ended June 30, Mr. Stevens enphasized that with the excaeption of the Kiefer Creek nterceptor project, all of the caash disbursements and cash receipts shown are estimated, as, with the exception of the Kiefer Creek nterceptor project, none of the other projects have been bid. He summarized the cash flow by showing in Eadiibit B that capital inprovement surcharge receipts v^ch start in February will grow by June 30, 1989 to a sum of $25,127, He also pointed out that grants of $632, and interest income of $208, would be received by June 30, 1989 and that disbursements for projects of $8,067, would also be made by June 30, 1989, leaving a balance of $17,900, for future project costs at June 30, Mr. Stevens stated that tcday's agenda includes proposed Ordinance No , v*iich will enable the District to borrow $2,370, by the issuance of warrants vdiich will cover the caash neecjs for the program from November, 1988 through February, 1989 Mr. Matheny thanked Mr. Stevens for his presentation

3 Mr. Kaiser stated that if no one had an c±)jection he wcauld like to comment on prcposed Ordinance No , vaiich wcauld enable the District to borrcw the cash needs as outlined by Mr. Stevens. He pointed out that in canvassing banks for a method of borrcwing the caash needs that Centerre Bank had described hew the "Cash Management Prcagram for Politicacd Subdivisions" would be a method to secure such financing. He emphasized that in order to receive Federal and State grants, the District must be able to demonstrate that it has the matching funds for its share of the project ccasts and that certain start dates on the projects must be met so that penalties mi^t not be inpcased by the authorities. He also enpiasized that by arriving at the caash needs thrcu^ this method, the pcaoled funds of the Districat would neat be touched, and that the ccast of the borrowing would be more than offset by the interest incacste to be generated by the program. He agreed with Ms. Rcaberts that introduction and adeption of prcposed Ordinance No at this meeting was not desirable, but that it was necaessary in order to meet the date of Octc±ier 20, 1988, vaiich is the cjate the other involved political subdivisions intend to clcase on their needs for the Cash Management Program. Mr. Kaiser then introcjuced Ms. Joy Hcward of Stifel, Nicaolaus & Conpany, ncorporated, v*ao descaribed the Cash Management Program between Centerre Bank and Stifel, Nicolaus as to its history and how the pixxgram functions. She errphasized that this program is a more opportune way for the District to obtain funds at the least possible cost. Mr. Kaiser pointed out that Mercantile Trust Ccanpany would be serving as trustees of the Cash Management Prcagram, with Stifel, Nicolaus and Centerre serving as underwriters. Mr. Jones incjuired of Mr. Kaiser as to hew long this method of financing was known to be available, and Mr. Kaiser responded that eathou^ he had been out of tcwn for a coiple of ciays, he had kncwn about the prcagram for abcaut a week to ten days. Ms. Hcward errphasized again that the ccast of underwriting and legal opinions would be borne by the landerwriters and that the District would bear no ccast for these endeavors. She also pointed out that a bank letter of credit secures all caans to the Cash Management Fund and that the District would earn a gain of one percentage point, interest earned versus interest eiqpense, on the transaction. Mr. Jones inquired if there would be an opinion by bond ccaunsel as to the legality of this transaction, and Mr. Kaiser and Ms. Hcward stated that several opinions frcm caounsel would be available. Mr. Jones reaffirmed with Ms. Hcward that there wcauld be a ndnimum one percent gain to all political participants in the Cash Management Program. Mr. Jones reaffirmed with Mr. Kriz and Mr. Kaiser that it would be inpracticaal to have contractors on the projects delay their billings and in this way help the District finance the projects. Mr. Kriz reaffirmed that the contractors would build such a feature into their cost of the project and it wculd be at best a worst case scenario. Mr. Mathery thanked Mr. Kaiser and Ms. Hcward for their aamments

4 Mr. Kaiser distributed revised copies of prcaposed Ordinance No and pointed out v4iat changes had been nade in the revised ordinanoe and agreement. NTRODUCnON AND ADOPTON OF PROPOSED ORDNANCE NO TO PROVDE FOR THE BORROWNG KNDS N ANTCPATON OF REVENUES REGANNG TO BE COLLECTED BY TEffi METROPOLTAN ST. LDUS SEWER DSTRCT N TS CLEAN WATER CAPTAL MPROVEMENT TRUST FUND FQR TS FSCAL YEAR ENDNG JUNE 30, 1989, SUCH BORROWNG TO BE EVDENCED BY Tfffi SSUANCE OF A WARRANT OF THE DSTRCT REFLECTNG THE TERMS OF THE NOTE DESCRBED HEREN; AND AUHORZNG AND APPROVNG THE SALE OF SUCH NOTE TO STFEL, NCOLAUS & CCMPANY, NCORPORATED, AND CONTANNG AN EMERGENCY CLAUSE. Prcpcased Ordinance No was presented and read, to provide for the borrcwing of funds in anticipation of revenues remaining to be caollected by The Metropolitan St. Louis Sewer District (the "District") in its Clean Water Capital nprovement Trust Fund for its fiscal year ending June 30, 1989, such borrcwing to be evidenced by the issuancae of a warrant of the District reflecting the terms of the Ncate described herein (such warrant reflecting the terms of the Note shall be referred to herein as the "Note"); authorizing and approving the sale of such Note to Stifel, Nicaolaus & Ccmpany, ncorporated (the "Settlor"); authorizing and approving of the deposit of the prcaceeds of the sale of such Note into an nvestment Agreement (the "nvestment Agreement") to be entered into by and among the provider thereof, the Settlor, and Mercaantile Bank Nationcil Asscaciation, as Trustee (the "Trustee") under an ndenture of Trust to be dated as of Octcaber 1, 1988; authorizing the execution and delivery of a Note Purchase and Funding Agreement (the "Ncate Purctiase and Funding Agreement") by and among the District, the Settlor and the Tnastee; authorizing the execution of an Arbitrage Certificate and Use of Proceecis Agreement as may be necessary to establish and maintain the tax exerrpt status of interest on the Note; and authorizing any and all other agreements, documents, representations and certificates as may be necessary or convenient to effectuate the delivery of the Note and participation in the Cash Management Program, described herein, and all cather documents attendant thereto, and containing an emergency clause. Mr. Jones inquired if Mr. Kaiser had investigated any cather methocis of borrowing funds to accorrplish the same benefits as the Cash Management Fund with Stifel, Nicolaus. Mr. Kaiser stated that this had been thoroui^y checaked out and that Mr. Karl Tyminski had participated in this investigation. n a caonversation between Ms. Patterson, Ms. Roberts, Mr. Kaiser and Mr. Tyminski, it was ascertained that this was the most cost effective approach and that the basis of this approach was the issuance by Stifel, Nicaolaus of tax free instruments as cpposed to taxable instruments. Motion niade by Mr. Jones, seconded by Slay, for unanimous consent of all members present for introciuction and final voting on prcposed Ordinance No at this meeting

5 No discussion. Motion passed - 5 ayes, no nays. Poll taken: F. C. Bor^ii - aye F. R. Slay - aye R. E. Jorvss - aye T. A. Mathery - aye D. J. Patteirson - aye Moticai macie by Mr. Jones, secaonded by Mr. Bor^ii, that prcposed Ordinance No be acicpted. No discussican. Motican passed - 5 ayes, no nays. Poll taken: F. C. Bor^ii - aye F. R. Slay - aye R. E. Jones - aye T. A. Matheny - aye D. J. Patterson - aye The Chairman declared prcposed Ordinance No adopted, and it was assigned Ordinance No ADOPTON OF PROPOSED ORDNANCE NO VACATNG A TPORTC^ OF A SEWER EASEMENT N WOODSDE TRALS PLAT POUR N SECnO* 10, TOWNSHP 44 NORH, RANGE 4 EAST, N ST. LDUS OOUNTY, MSSOUR. Prcpcased Ordinance No , introciuced September 28, 1988 by Messrs. Borghi, Slay, Matheny and Friedman, was again presented and read, vacaating a portion of a sewer easement in Wocadside Trails Plat Four in Section 10, Tcwnship 44 North, Range 4 East, in St. Louis County, Misscauri. Motion made by Mr. Borghi, seconded by Ms. Patterson, that prcpcased Ordinancae No be adcapted. No discussion. Motion passed - 5 ayes, no nays. Poll taken: F. C. Bor^ii - aye F. R. Slay - aye R. E. Jones - aye T. A. Mathery - aye D. J. Patterson - aye The Chairman cieclared proposed Ordinance No adcapted, and it was assigned Ordinancae No ADOPTON OF PROPOSED ORDNANCE NO VACATNG A PORTON OF A SEWER EASEMENT N LDT 39 OF WOODLYN CROSSNG, N ST. DUS OOUNTY, MSSOUR. Proposed Ordinance No , introciuced Septeniber 28, 1988 by Messrs. Bor^ii, Slay, Matheny and Friedman, was again presented and read, vacating a portion of a sewer easement in Lot 39 of Woocilyn Crossing, in St. Lcuis County, Missouri. Motion nade by Mr. Bor^ii, secorxied by Ms. Patterson, that propcased Qrdinance No be adopted

6 No ciiscussion. Motion passed - 5 ayes, no nays. Poll taken: F. C. Bor^ - aye F. R. Slay - aye D. J. Patterson - aye T. A. Matheny - aye R. E. Jones - aye The Chairman declared prcposed Ordinancae No adopted, and it was assigned OrdinarK«No ADOPTON OF PROPOSED ORDNANCE NO VACATNG AN EASEMENT N U. S. SURVEY 3112, TCWNSHP 44 NORTH, RANGE 6 EAST, N ST. LDUS OOUNTY, MSSOUR. Prcposed Ordinance No , introciuced September 28, 1988 by Messrs. Bor^ii, Slay, Matherry and Friedman, was again presented and read, vacaating an easement in U. S. Survey 3112, Tcwnship 44 North, Range 6 East, in St. Louis County, Missouri., Motion macie by Bor^ii, seconded by Mr. Slay, that prcapcased Ordinancae No be adcpted. No discussion. Motion passed - 5 ayes, no nays. Poll tajcen: F. C. Bor^ii - aye F. R. Slay - aye D. J. Patterson - aye H. A. Friedman - aye R. E. Jones - aye The Chairman declared prqposed Qrdinance No adopted, and it was assigned Ordinance No ADOPTON QF PROPOSED ORDNANCE NO LEVYNG SPECAL BENEFT ASSESSMENTS AGANST ALL OF THE LAND BENEFTED BY THE CONSTRUCTON OF SEWERS WTHN THE BOUNDARES QF SUBDSTRCT NO (HENTZ & NEW BAUMGARTNER) OF HE METROPOLLTAN ST. LDUS SEWER DSTRCT; DRECTNG SSUANCE OF SPECAL TAX BLLS EVDENCNG SAD LEVY; SETTNG OUT THE FORM, TERMS AND PROVSONS QF SAD SPECAL TAX BLLS. Prcapcased Ordinance No , introciuced September 28, 1988 by Messrs. Bor^ii, Slay, Matheny and Frieciman, was again presented and read, levying special benefit assessments against all of the lar>d benefited by the construction of sewers within the boundaries of Subciistrict No (Heintz & New Baumgartner) of The Metropolitan St. Louis Sewer District; ciirecting issuance of Special Tax Bills evidencing said levy; setting out the form, terms and provisions of said Special Tax Bills. Motion macie by Mr. Bor^ii, seconded by Mr. Slay, that proposed Orxiinancae No be adopted. No discussion. Motion passed - 5 ayes, no nays

7 Poll taken: F. C. Bor^ii - aye D. J. Patterscan - aye R. E. Jones - aye F. R. Slay - aye T. A. Matheny - aye The Chairman declared prcposed Ordinancae No adcpted, and it was assigned OrdinarKae No NTRODUCncaJ OF JRDPOSED ORDNANCE NO VACATNG A PORTON OF A SEWER EASEMENT N DT 8 QF AMENDED PLAT OF JOYCE TERRACE N ST. DUS OOUNTY, MSSOUR. Proposed Ordinance No was presented and read, vacating a portion of a sewer easement in Lot 8 of Amended Plat of Joyce Terrace in St. Louis County, Missouri. Mr. Butchko illustrated with a wall map the cacation of the 1 foot easement to be vacated and pointed caut that the staff was reccanmenciing vacation of this easements as a 9 focat wide easement for MSD would still be available. He pointed out that there were no xitilities in the easements to be vacated and that the prcperty cwner had recguested the 1 foot vacation to acccmmcaciate an inground pool on lot 8 in the Joyce Terrace Subdivision. Mbtion nade by Mr. Jones, secaonded by Mr. Bor^ii, that proposed Ordinance No be introduced. No ciiscussion. Motion passed - 5 ayes, no nays. Poll taken: F. C. Bor^ii - aye F. R. Slay - aye D. J. Patterson - aye T. A. Matheny - aye R. E. Jones - aye NTRDDUCTCaj OF PROPOSED ORDNANCE NO VACATNG ANY RQiT, TTTE OR NTEREST OF THE DSTRCT N A ROADWAY N SECnOi 3 TOWNSHP 45 NORTH, RANGE 5 EAST N THE CTY OF CREVE COEUR, ST. DUS COUNTY, MSSOUR. Prcposed Ordinance No was presented and read, vacating any right, title or interest in the District in a roaciway in Section 3 Tcwnship 45 North, Range 5 East in the City of Creve Coeur, St. Louis Ccaunty, Missouri. Mr. Butchko pirpointed the location of the roaciway easement to be vacated in the City of Creve Coeior and stated that the staff was reccmmenciing vacaation of this easement, as approadmately 10 years ago this easement was necessary for a puirp station, v^ch has since been abandoned. Motion nade by Mr. Jones, secaonded by Mr. Bor^ii, that prcposed Ordinance No be introduced. No discussion. Motion passed - 5 ayes, no nays

8 Poll taken: F. C. Bor^ii - aye F. R. Slay - aye D. J. Patterson - aye T. A. Matheny - aye R. E. Jcanes - aye NTRODUCnCM OF PROPOSED QRDNANCE NO APPROPRATNG $61, FRCM THE OPERATON, MANTENANCE AND CCX^STRUCTON MPROVEMENT R3ND OF BLACK JACK- DELLWOOD CREEK TO BE USED FOR PROJECT COSTS FOR THE CONSTRUCTON OF NLETS, MANHOLES AND PPE N MANTENANCE REPARS NO. 77A (88125), N THE CTES OF BACK JACK, FERGUSON AND MDLNE ACRES, AND ST. DUS OOUNTY, MSSOUR. Prcpcased Qrdinance No was presented and read, apprcpriating $61, from the Cperation, Maintenance arad Construction nprovement Fund of Black Jack-Dellwcxad Creek to be used for project ccasts for the caonstruction of inlets, iranholes and pipe in Maintenancae Repairs No. 77A (88125), in the Cities of Blacak Jack, Ferguson arxi Moline Acres, and St. Louis Ccunty, Misscauri. Mr. Butchko acivised that this appropriation of $61, was for the caonstruction of inlets, nahholes and pipe in Maintenance Repairs No. 77A in the Cities of Black Jack, Ferguscan arxi Moline Acares, and St. louis County, Misscauri. He pointed out this is a maintenancae repair project to be funded entirely by MSD. Motion nade by Mr. Jones, secaonded by Mr. Bor^ii, that prcposed Ordinance No be introducaed. No discussion. Motion passed - 5 ayes, no nays. Poll taken: F. C. Bor^ - aye F. R. Slay - aye D. J. Patterson - aye T. A. Matheny - aye R. E. Jones - aye NTRODUCTON OF PROPOSED QRDNANCE NO CONFRMNG A CONTRACT WTH J. H. BERRA CONSTRUCTON CO., NC. FOR THE CONSTRUCTON OF NLETS, MANHOLES AND PPE N MANTENANCE REPARS NO. 77A (88125), N THE CTES OF BLACK JACK, FERGUSON AND MDLNE ACRES, AND ST. DUS COUNTY, MSSOUR, N OCMPLANCE WTTH SECTON OF THE PLAN OF THE DSTRCT. Prcposed Ordinanoe No was presented and read, caonfirming a contract with J. H. Berra Construction Co., nc. for the construction of inlets, manholes and pipe in Maintenance Repairs No. 77A (88125), in the Cities of Black Jack, Ferguson and Moline Acres, and St. Louis Ccunty, Missouri, in ccarplianoe with Section of the Plan of the District. Mr. Butchko stated that J. H. Berra Construction Co., rk:. was the cwest of 6 biciders at $52, he hi^ bid was $78, and the District's estimate was $45, Mbtion made by Mr. Jones, seconded by MS. Patterson, that proposed Ordinance No be introduced

9 No ciiscussion. Motion passed - 5 ayes, no nays. Poll taken: F. C. Bor^ii - aye F. R. Slay - aye D. J. Patterscan - aye T. A. Matheny - aye R. E. Jcanes - aye NTRQDUCTC3T QF PROPOSED QRDNANCE NQ REPEAUNG QRDNANCE NO. 4278, AS ADOPTED JANUARY 28, 1981, AND ENACTNG A NEW QRDNANCE CN THE SAME SUBJECT N LEU THEREOF, AUTH0RZK3 AND DRECTNG THE EXECUTVE DRECTOR AND SECRETARY- TREASURER TO OraWRACT WTH THE OWNER OR OWNERS QF REAL rrdperty N THE FEE FEE TRUNK SEWER SUBDSTRCT OF THE METROPOLTAN ST. DUS SEWER DSTRCT (THE "DSTRCT") FOR THE PRVATE OONSTRUCnON QF SANTARY SEWERAGE FACTLTTES, HERENAFTER KNCWN AS "SEWERAGE FACTLLTY" TO BE PAD FOR BY SAD OWNER OR CWNERS WHERE, N HE OPNC»T OF THE BOARD OF TRUSTEES, SUCH PRVATE CONSTRUCTON S N THE lublc NTEREST, AND FURTHER PROVDNG FOR THE RECOUMENT BY SAD CWNER OR OWNERS OF A PROPORTCSmTE SHARE QF THE TOAL COST OF CONSTRUCnON QF THE SEWERAGE FACTLTTY FRCM OTHER PROPERTY CWNERS WHO TAP NTO OR USE SAME. Propcased Ordinance No was presented and read, repealing Ordinance No. 4278, as adopted Jariuary 28, 1981, and enacting a new Ordinance on the same subject in lieu thereof, authorizing and ciirecting the Executive Director arxi Secretary-Treasurer to caontract with the owner or cwners of real prcaperty in the Fee Fee Trunk Sewer Subciistrict of The Metropolitan St. louis Sewer District (the "District") for the private ccanstruction of sanitary sewerage facilities, hereinafter kncwn as "sewerage facility" to be paid for by said owner or cwners vjiere, in the cpinion of the Bcaard of Trustees, such private caonstructican is in the public interest, and further providing for the reccfipment by said owner or owners of a prcporticanate share of the tcatal cost of constructican of the sewerage facility from other prcperty cwners who tap into or use same. Mr. Parker stated that this ordinance would repeal Qrdinance No. 4278, as adcpted January 28, 1981, and enact a new ordinance vaiich would make modificatiorts to the proceciures the District would follow in granting recaoupments in the Fee Fee Service Area. Mbtion nade ty Mr. Bor^ii, seconded by Ms. Patterson, that proposed Ordinancae No be introduced. No ciiscussion. Motion passed - 5 ayes, no nays. Poll taken: F. C. Bon^ii - aye F. R. Slay - aye D. J. Patterson - aye T. A. Mathery - aye R. E. Jones - aye - 9 -

10 ADOPTON OF RESOLUTON NO AUTHORZNG THE METROPOLTAN ST. DUS SEWER DSTRCT TO ACCEP A GRANT RCM THE UNTED STATES ENVRDNMENTAL PRDTECTTON AGENCY, REGON V, POR HE CX»TSTRUCnQN OF THE FNAL CARFERS AT THE BSSELL PONT WASTEWATER TREATMENT PLANT (BP-5). Resolution No was presented and read, authorizing The Metrcpolitan St. Louis Sewer District to accept a grant frcam the United States Environmental Protectican Agency, Region V, for the construction of the Final Clarifiers at the Bissell Point Wastewater Treatment Plant (BP-5). Mr. Etwert stated that this resolutican wculd authorize MSD to accept a $9,800, grant frcm the United States Enviromnental Protection Agency for the ccanstruction of the Firal Clarifiers at the Bissell Point Wastewater Treatment Plant. He eilso indicated that a grant wculd be recaeived from the Department of Natural Resources of the State of Missouri in the next few weeks on the sante project. Motion nacie by Mr. Jones, seconded by Mr. Slay, that Resolution No be adopted. No ciiscussion. Mbtion passed - 5 ayes, no nays. Poll taken: F. C. Bor^ii - aye F. R. Slay - aye D. J. Patterson - aye T. A. Matheny - aye R. E. Jones - aye ADOPTON OF BESOUnON NO APPONTTNG NVESTMENT MANAGERS TO ACT O^ BEHALF OF THE BOARD OF TRUSTEES QF THE METROPOLTAN ST. DUS SEWER DSTRCT WTH RESPECT TO THE NVESTMENT QF THE ASSETS QF THE EMPLDYEE RENSCa^ PLAN. Resolxition No was presented and read, appointing investment nanagers to act can behalf of the Board of Trustees of The Metropolitan St. Louis Sewer District with respect to the investment of the assets of the Errployee Pension Plan. Mr. Moschenross stated, "Resolution No represents the second step in the prcacess of inplementing the recommendatioras of J. H. Ellwood and Associates, Pension Fund nvestment Consultants, concerning the asset mix and investments of the MSD Errployee Pension Furxi. Resolution No was the first step in this prcacess arxi was approved by the Board of Trustees on Septeiriber 28. Resolution No was included in ycaur pacaket for ireference. Resolution No appoints Analytic Optional Equity Fund as nanagers of the Ecjuity-ncaome portion of the Ecjuity Corrponent. he Ecjiity- nooone portion represents 47 percent of the Ecjuity Conponent for the Pension Fund. The Grcwth & nccane portion of the Equity Ccmponent will be nanaged by Mississippi Valley Advisors thrcu)^ their Collective Ecjuity Fund. The Grcwth & ncacme portion of the Ec^uity Ocanponent r^resents 37 percent of the tcatal. Twentieth Century Select is designated to manage the Growth portion, vmch r^resents 20 percent of the Ecjuity Corrponent. Additionally, Resolution No designates

11 Patterscan Capital Oorporatican as the fixed inccane investment manager for 70 percent of the Fixed ncxane Ccsoponent, and Mercantile Trust Corrpany to manage the Short Term nvestment Fund. This Fund r^resents 4 percent of the Fixed ncaesne Ocupoiient. The actions as represented in Resolutican No will provide the necessary funds to seek at a future date bicis for the Guaranteed nvestment Contract or GC, vftiich represents 26 percent of the Fixed nocsne Ocarponent. The GC will be brou^t to the Bcaard of Trustees for ccansicieration in the near future." Motion nacie by Mr. Slay, seconded by Ms. Patterson, that Resolution No be adcpted. No discussion. Motion passed - 4 ayes, no nays, 1 abstention. Poll taken: F. C. Borghi - abstain F. R. Slay - aye D. J. Patterson - aye T. A. Mather^ - aye R. E. Jcanes - aye PLAN APPROVAL Mr. Etwert stated that the staff has reviewed these plans and reccramerxis their approval. MANTENANCE REPARS NO. 77B (88153) This project, ciesigned by the District's engineering staff, is to remove and replacae 11 inlets, and 1 manhole, arxi to repair various structures. Motion nacie by Mr. Jones, secorxied by Ms. Patterson, that plans for Maintenance Repairs No. 77B be approved. No ciiscussion. Motion passed - 5 ayes, no nays. Poll taken: F. C. Bor^ii - aye F. R. Slay - aye D. J. Patterson - aye T. A. Matheny - aye R. E. Jones - aye MAYFAR NO (86175) This project, ciesigned by the District's engineering staff, is to eliminate ponding in yards. t consists of 217 lineal feet of pipe varying in size from 12 inches to 21 inches in ciiameter. Motion nacie by Mr. Jones, seconded by Ms. Patterson, that plans for Mayfair No be approved. No ciiscussican. Motion passed - 5 ayes, r^a nays. Poll taken: F. C. Bor^ - aye F. R. Slay - aye D. J. Batterson - aye T. A. Matheny - aye R. E. Jcanes - aye

12 LLNDBERffl TERRACE ADDTON. SUBDSTRCT NO. 511 This project, designed by the District's engineering staff, is to eliminate eacisting septic tanks. t caonsists of approacimately 2,900 lineal feet of 8 inch sanitary sewer. Motican nade by Mr. Jones, seconded by Ms. Patterson, that plans for r.itvtvvargh Terrace Addition, Subciistrict No. 511, be approved. No discussion. Motican passed - 5 ayes, no nays. Poll taken: F. C. Bor^ii - aye F. R. Slay - aye D. J. Patterson - aye T. A. Matheny - aye R. E. Jcanes - aye Mr. Kriz stated, "Mr. Chairman, merribers of the Board, at the last Board meeting, Mr. Butchko gave a short presentation on the FEMA survey and was asked as a result of that to follow xp with scame addltional information regarding what other municipalities around the country have done. 've asked him to give you that presentation at this time." Mr. Butchko nade the follcwing presentation: "Gentlemen, we randcmly contacted approacimately 10 or 11 cities thrcu^out the country to ask them v4iat they were doing for flood plain nanagement. Actually, we have a total of 11 counting St. Louis Ccunty. Of those 11, 10 of them have adcpted FEMA. The 11th one was the City of Chicago and they are meeting this month with FEMA officials to begin proceedings to adept FEMA. They currently use a 100 year flcacad as their criteria, but they plan pn adcpting the FEMA hyciraulic evaluations. Qf the 10 that have adcpted FEMA, 7 adcpted FEMA directly with no other stricter recjuirements, and 3 have provided stricter requirements. Those requirements are basicaally the sanve as we have prcposed, that the flood elevation would not be increased, in other words, that they would neat allcw any caonstruction within the flocad plain that could incarease the flocad elevation without cearpensation for that encroachment in the flood plain area. Several of them do have different recjuirements regarding the amount of freeboard that a building nrust have abcave that elevation, those vary from 1/10 foot to 2 fcacat. n this area, the Ccunty uses 2 foot, seme of the nrunicipalities lase 1 fcaot freebcaard. Within St. Louis Ccunty, Missouri, 68 municipalities that we have checked have adcpted FEMA within cur St. Louis Ccunty region. Most of the ones that we were able to checak that have not adapted it do not need to have it, they have no flocad plain area within their municipality, and that's their bcisis for not adcpting it, but the County, the City of St. Louis and all major municipalities within the County have adopted FEMA and use it, basicaally, it vciries withiri thoseraunicipalitiesas to vhether they allow any increases or vaiether th^ just go with a cut-fill balarkae. All the unincorporated areas go cut-fill balance and no incarease in the flcacad elevation

13 By MSD adopting this ordinancae and MSD doir>g storm review in all these areas, cur criteria wculd be the strictest, vsiich would be v*iat wcauld be used. FEMA always says there is a minimum, hut you use the strictest of any criteria working in any area, so if we had a plan within a municipality and ours was stricter, curs wculd be vaiat would caontrol it." The following questions and ccanments were nade after Mr. Butchko's presentation: Mr. Jones: "Ycu're not suggesting that we are talking about adcapting arything cather than FEMA as it is." Mr. Butchko: "We are propcasing that we adept FEMA with seatie additional recjuirements, too, and that wculd be that we wculd neat allcw any irka:ease in the flood elevation. FEMA allcws in the State of Missouri a 1 fcxat increase on that creek. We wcauld be propcasing that we would cio, v*iat we currently do new is the policy, and vaiat the County does, which is that you have to have cut-fill bcilanoe or hyciraulic inprovements of the channels that wculd naintain the flood elevation." Mr. Kriz: "Mr. Jones, we would hcpe to bring this to you at the neact Board meeting for adoption, but in that we would adept FEMA as is, but aciditional restricticans would be inposed on our cwn in keeping with vaiat Mr. Butchko has recoramerxied and that is the cut-fill balance and no increase in the flocad elevation." Mr. Jones: Mr. Kriz: "Thcase are the only two ycu propose at this time." "At this time, yes." Mr. Butchko: "Otherwise, we would acid the cather parts of the program vaiich allcw flocad prcaofing, ycu have to seane. The program cioes allcw for eaclsting facilities that are alreacfy in it and there is flood prcaofing measures and things that can be done at.those facilities." Mr. Jones: "1^ reason for asking, some areas around the country have acicpted far in eaccaess of FEMA and, in an erribarassment to them, to try to get it back into line vaiere it shculd be is a problem, and hcpe that we certainly address all situaticans and all problems, hut we look at it very carefully." Mr. Kriz: Mr. Jones: "We would prefer a cautious approach in that regard." "Thank you." Mr. Kaiser: "And as ycu are presently enforcing." Mr. Butchko: "Correct, rxa stricter than that. f there are no other cjuestions can it, we would prcpose to prepare an ordinance to bring to the Bcaard at the neact meeting to adept FEMA for the entire District bcaundaries and at the same time to repeal cur floodway reservation orxiinancaes."

14 Mr. Matheriy: "f ycu caculd mate scane tine available for members of the Bcaard that would lite to have sore further cjuestions as far as ea^lanation of v*iat your presentation will be." Mr. Butchko: "Yes sir." Mr. Matheny: "Thank ycu, Mr. Butchto." Mcation nade hy Mr. Jones, secorxied by Mr. Bor^ii, that the meeting be adjeumed. Meeting adjeumed at 3:07 P. M. Secretary-Treasurer

15 Oct. 11,1988 li.harry Friedman &;..Trustees, Cxec. Staff )0 Hampton, r. Louis,, MQ: RE: NPUT & OUTPU;T MTA FOR 6,50 Surcharge Rate Freedom of nformation Act Missouri Sunshine Law Dear Chm Frieciman & trustees: Again request the nput & Output Data on the Sxircharge Rate from the Computer aranged for W, Roberts, Charles Raiser, Sc^ Chm Friedman.. The MSD Annual Report: Page 31 Contradicts Pg June 30,1987! Castomers 400,868 X 6«50 Equals 2,605,641,00 Units 541,359 X 4.18 " 2,262,880,62 Total. ^4,868,521,-62 Missing Voliimn Users and not limited to. Whats the New ordinance Number for conversion from Units to Volume Users? Who are the Corporations who contracted for this Conversion? We find a decrease of unit accounts of 1278 with a loss of 8,307. We find a decrease of units: with a loss of t type of increase are the single Family rate UJsers to be charged for this unfair Ordinance, n 1983 the EPA vs MSD charged that MSD gave hxige discounts to ndustrial and Commercial and subsequently passed the Charges onto the single family users in higher rates.. Chm:. Friedman when are you, going to produce the EPA order to you, Under the Freedom of nformation Act. That they ordered you to Pas4 District wide Revenue Bonds? What validity does the truth have with the Bd. Of Trustees? Why does the Bd. of Trusteea insist on committir^ adverse and Bias acts against single Family Rate Users? How in the Commercial World do the Trustees become Corporate Officers when signing Contract8 but Declare themselves not Corporate Officers Uiider Federal Law? n Annual Reports you the Trustees alledge you are holding our sewers in Trust for us. But are you,, when you refuse to give us the data we need to know in order to keep our CLEANWATER ACt N TAC.. You negotiated us into a #250,000 fine we didn't commit. Are you refusing to clean up the Mississippi River in three years at our DEiTRMENT? How much are the 10 outfalls in the Liemay Treatment Area going to cost us? n 1973 Spanish Lake Treatment was a Service area for MSiD by contract.. Hbw an when did it become part of M; Bissell Point Treatment Plant when this plant trunning high volumes of raw sewage into the Mississippi River in Soxirce t-dispatch, o are the 102 large volxime Polluters in the Bissell Point Treatment Plant? Fee Fee Subdistrict Missouri Treatment Plant Sincerely, '^j^^wi^^'^^ George W, Sabre 40 Forestvale Dr Chesterfield, MO 63017

16 .i^.

17 (EXHBT A) METROPOLTAN ST. LOUS SEWER DSTRCT CLEAN WATER CAPTAL MPROVEMENT TRUST FUND ESTMATED CASH DSBURSEMENTS BY PROJECT FSCAL YEAR ENDED, JUNE 30, 1989 CONSTRUCTON 30-Sep-88 SART DATE FNSH DATE TOTAL MONTHS 7/88 9/88 10/88 11/88 12/88 1/89 2/89 3/89 4/89 5/89 6/89 BAUMGARTNER FACLTES BSSELL SECONDARY - CONST MANACEHEMT BSSELL SECONDARY BP-12 - EFFLUENT PUMP STATON BSSELL SECONDARY BP-5 - FNAL CLARFERS BSSELL SECONDARY BP-6 STOC BSSELL SECONDARY DESGN BONFLS-MSSOUR BOTTOMS PUMP STATON MERAMEC BOTTOMS PUMP STATON MSSSSPP RVER OVERFLOW BP-02A SEWER REHAB. NO. 1 KEFER CREEK NTERCEPTOR 1/89 10/88 3/89 1/89 3/89 10/88 1/89 1/89 12/88 10/88 12/89 6/89 3/91 1/91 2/91 9/89 6/90 6/90 3/89 12/ ,476 80, , ,903 40,000 80, , , , , , , , , ,722 83,333 83,333 83,333 83,333 83,333 83,333 83,333 33,333 66, , ,333 22,222 44,444 66,667 88, , ,000 ' ,938 49,875 74,813 99, , , , ,381 80,000 41, ,402 73,738 83, , , ,300 ' TOTAL PER MONTH , , ,146 1,354,794 1,306,445 1,178,093 1,424,743 1,788,819 TOTAL PER FSCAL YEAR 2,369,419 8,067,326

18 (EXHBT B) METROPOLTAN ST. LOUS SEWER DSTRCT CLEAN WATER CAPTAL MPROVEMENT TRUST FUND CASH FLOW PROJECTON FSCAL YEAR ENDED JUNE 30, S.P-S8 JULY 1988 AUGUST SEPT OCT NOV DEC JAN 1989 FEB MARCH APRL MAY JUNE TOTAL CASH EXPECTED: CAPTAL MPROVEMENT SURCBARCE ,075 5,114 6,091 4,479 3,368 25,127 CASH EXPECTED: GRANT REMBURSEMENTS LESS: CASH NEEDS ,335 1,306 1,178 1,425 1,789 8,067 SURPLUS (DEFCT) AVALABLE FOR CAPTAL O O O O (148) (213) (653) 2,739 3,849 4,976 3,231 3,911 17,692 CUMULATVE SURPLUS (DEFCT) O O O O (148) (362) (1,017) 1,716 5,572 10,571 13,846 17,815 NTEREST NCOME (EXPENSE) NET CUMULATVE SURPLUS (DEFCT) (1) (2) (6) r- o o o o (149) (364) (1,023) 1,723 5,595 10,615 13,904 17,900 r