Notes:  This was JLB, James L Brust's 1st mtg as a new Levee Cmsn member, a rep from the VP Fire District.  DC is still on vacation.   City's mins are posted here below MOPR's. 


Present:  DM, JLB, DS, JKB, CLM, TW, EM, JZ, KT (Alderwoman Karen Thorson), RW, JW. 


Also Present:  Renee Kirkiewicz of Sen Gibbons' office;  Jim Mitas of Cgsm Akin's office; Andy McCord of DG Purdy;  Joe Moore, who as of mid 6/03, is the VP Cmty Dev Dir;  & Vivian Blackman, VP citizen & business owner.



6/16/03 Levee - Section 1 of  21


DM:  ...Levee Cmsn.  I sent a sheet around;  I got as many names as I could of the - Andy & Renee & people _ _ _ around the table here.  _ _ _ _ _ around the table;  I got Jeff, Renee, Maureen, Andy, Joe & Vivian.  Forgot to get the sheet from DC who's out of town so that's why I just sent the sheet around;  use that for attendance.  (Pledge of Allegiance) (misc cmts) 


DM:  We have a Speaker request here for Maureen Morris;  we'll make that 7D.  Is there anything else to add?  CLM:  Uh, one ques about the uh date for the next mtg, Mr. Mayor?  Is that 7/15 correct?  DM:  I don't believe it is.  CLM:  I think that - DM:  7/14 as I recall.  JW:  _ _Eric puts a _ _ _  - DM:  the 14th, that Mon.  CLM:  Yeah, 14th is Mon.  EM: Yeah, 14th.  DM: _ _ _, Lee. 


KT:  During, during the mtg, may I speak?  CLM:  Jim Mitas told me.  DM:  Do you have something other than this, or do you want to add to that?  KT:  Somethin' other, oh, no, it'll concern the levee.  DM:  It's a good thing 'cause we're here to discuss the levee.  KT:  Right (she laughs).  DM:  If you start talkin' baseball or something, _ - KT:  Right, it'll concern the levee.  DM:  Is it something on the agenda & the levee?  Or do you want to add something extra to it?  KT:  Well - DM:  We'll just add you extra & then - KT:  Yeah, add me extra because -  DM: _ _ _ -  KT:  because  I'm so new here.  


EM:  Should be the 21st.  ?:  21st, that's what I was gonna say.  DM:  Oh, ok, tku;  7/21.  Motion to approve the agenda.  ?:  So moved.  2?: 2nd.  DM:  (voice vote - none opposed)  We have mins here for 5/19/03.  Bd's bleasure?  _ _ _ _.  Anyone care to make a motion?  JW:  Move approval.  ?: 2nd.  DM:  Who did the agenda?  Who motioned for the agenda?  ?: John.  DM:  (voice vote - none opposed)


6/16/03 Levee - Section  2 of  21


DM:  Item 4B update, Jim, you got anything for us this wk?  JZ:  Yeah, sure do.  Um, back in April, I gave JW a schedule for, a tentative schedule for the uh advertising & award of this last contract called Item 4B & we're really upon some of those dates.  Um, one of the dates is 6/16, today;  it says the COE is gonna issue the solicitation & the P&S uh to the const companies & solicit their bids.  Um, so I've got some slightly revised dates, but I, I want to talk about that.  Uh, June, 6/18, that's this Wed for the COE issuing the solicitation.  Uh - JW: Close enough, Jim (chuckle).  DM:  So you say it's going to be issued on the 18th you think?  JZ:  That's the plan;  to issue it this Wed & I'll, I'll talk, uno, about that in just a min after I go thru this, these dates.  Um, open bids 7/17;  it had been the 14th, now it's the 17th;  uh, award the contract, 8/14;  & Notice to Proceed to the contractor, 8/28.  That's just changing these dates by a little bit. 


Um, uno, when we issue the P&S, uno, the way we used to do that in the, before the electronic age, was we sent out these great big thick sets of P&S to all the contractors for them to uh, to look at to base their bids on.  Now we do it by sending out a little CD-ROM & then they put it on their computer & they can print all their copies they want.  & so that's what's, as of today, this package went off to get the uh CD's reproduced to send out to all the, all the people;  & we'll put it on our website & so forth. 


Um, but in order to uh, to issue these P&S, uno, the typical thing is the COE, our Real Estate office is supposed to certify that all the real estate is available;  the sponsor, the City of VP, has acquired all the real estate required for the contract;  &, & has all the relocations arranged, ok.  That's the normal & the, & the desired situation.  


We don't have that situation & so there's a mechanism for uh, the Project Mgr to request our Contracting Office to go ahead & issue the P&S uh, as long as they uh, a Risk Assessmt has been de, developed by our Real Estate office.


So, so there is, there is a Risk Assessmt that was prepared & there are certain parcels that, certain properties, certain esmts & so forth that have not been acquired yet.  Uh, basically, the Risk Assessmt is, uno, we, we looked at the situation & these properties CAN be acquired before we open bids, ok;  before we open bids, so before 7/17. & I'm gonna go thru very briefly what they are, but all I'm asking is that the city do everything they, in their power to uh make sure that these things happen between now & 7/17, ok. 


DM:  _ _ we acquire all the property by 7/17 & _ _ in-hand & _ - JZ:  Acquire all the property & it'd be good to have it, uno, ASAP obviously.  DM:  The sooner the better, but the 17th is the absolute best.  JZ:  Yeah, they won't, they won't open bids.  Our, our Contracting office will not open bids unless we have, unless they now have the certification by our Real Estate office that yeah, everything's in-hand. 


6/16/03 Levee - Section  3 of  21


So, so a lot of, a lot of things have been accomplished in the last few months & there's an awful lot of work that has been done.  & um, uno, there's a RR agreemt that got signed, which is great;  that was UP


&, & I'm only listing the things that REMAIN to be done.  So um, there is, as far as the property acquisitions, uno the esmt, there's the Morris, Morris property & the McGhee property.  Uhm, I think the cmsnrs still have to, have to meet on that & set value, & then the city has to pay in the value, ok. 


Uh, there's the uh Meramec Valley Plaza parcel, uno, the esmt on that property & the DeWitt property;  & I, I know the uh cmsnrs have met.  I don't think they have, far as I know, they have not set the value yet but once, once they do, then of course the city has to pay in that value to take on the um, the ownership of the property.  Um, that's really the parcels that we're talkin' about.


6/16/03 Levee - Section  4 of  21


There's utilities - uh, there's still some, some need for uh, a stronger letter from Mo Amer Water Co.  & Eric, everybody (chuckle), all the people that have been involved in this are well aware of these uh, this work that still needs to be done.  But Mo Amer Water Co has said they're going to uh, complete their design.  &, & there's just a need for a stronger letter from them for their uh for their water line, uh relocations. 


6/16/03 Levee - Section  5 of  21


MODOT, uno, we're, we're tying into both sides of the uh, embankmt of Hiway 141 with our levee.  &, & there's a storm sewer that runs along the west side of 141 that we need;  it's on the hwy property that we are doing several things to.  Um, there needs to be some kind of a, of an instrumt from MODOT that gives the COE the right to go in there & do const, or gives us the esmts we need & that kind of thing.  & uh we're, we're working to have a mtg - I have never got a call back, Eric, uno from that uno that phone call we had today. 


But uh, but we're, we're hoping to have a mtg Wed with MODOT in Jeff City too.  They're, they're in the process of their eng'g review &, & we're just trying to facilitate that reveiw by uh, presenting the info in their plans, rather than have the different groups look at the plans cold;  uno, we'll show 'em where to look & show 'em what we're doing & so forth.


DM:  We just need MODOT to sign off that it's ok to _ _ _ - JZ:  There, there's some kind of a legal right I mean that has to be conveyed to, to the city & then from the city to the COE that'll allow our contractor to get on their property & do work.  & uno, one of the first things we're gonna do, construction-wise, is to work on this storm drains I'm talkin' about where we divert part of the flow over to Fishpot det area & we build a de - uh, a gravity -


TW:  (displays bindered papers) This is 141 right here & these are the pieces that are - & this is Meramec Venture Associates right here.  &, & over here, there's a blow-up of it;  it's an add'l temp slope license.  These are all the different pieces of property that are related to what Jim's talkin' about.  There's, there's a place where they're bldg a valve;  the COE's bldg a valve - JZ:  Right.  TW:  that connects the storm sewers so (someone coughs) _ _ of that can be taken & turned off so that the storm sewers don't back-up uh, from the flood.  


So these are, these are all the docs that are in question that we need in this.  Uh, & then this is the 54" line that cuts thru the property here for Valley Plaza, that ties into the det basin.  But out here is where that valve's gonna be built here at 141.


DM:  Does that pipe behind the bldg, just to the south of it, thru the, that fire lane or is this thru the pkg lot up to the north?  TW: This is - JZ:  There's a, the pkg lot up there.  TW:  It's approximately about uhh, 200' south of Vance Rd.  RW:  This is Beckett Plaza.  DM:  Oh, that's Beckett?  Oh, I - JZ:  That's Beckett Plaza, yeah. 


But the, the main point I'm tryin' to make is that uhm, &, & we've got a tentative mtg set up for Wed, uh, in, in Jeff City.  & the guy, uno, evidently left work at - I called him later & he left work at 3:00 & I'm hoping that he will uh, uno, make sure that the right people are in attendance from MODOT & it'll be a - TW: yourself, myself - JZ:  the COE, it's some designers from the COE &, & some city officials, uh, city eng, city atty.  We'll go over there & try to facilitate them really uh rapidly approving our plans & approving uh & then doing whatever legally uno is necessary for -


DM:  Does MODOT sound like they're pretty close to signing off on this?  Or - JZ:  Well, I think, I think they're closer (chuckle).  It's been a - DM:  It still might not happen Wed then?  JZ:  The person I talked to seemed very uh anxious to uh to make progress. 


EM:  He told me a minimum of 4 wks;  that was Friday.  & that's why we called Sen Gibbons' office & Sen Gibbons' office has helped us facilitate a mtg up there & uh, hopefully that 4 wks is gonna be shaved _ _.  JZ:  & they know the deadline.  Uno, they know the deadline, so.  TW:  I'll bring 'em with me, the bulk of the esmts wherever - JZ:  Yeah, that's good.  TW:  I am to bring the drawings - JZ:  That's good.  TW:  to go over. 


6/16/03 Levee - Section  6 of  21


JZ:  Um, the next thing on the list is there, there's sanitary sewers & a lift sta out there which the city eng is, is designing,  &, & we need uh, uno, more of a plan about the timing of all this & uh & then some kind of a legal instrumt from the city that says they're gonna get this done;  & not, I _ _ _ wanna coordinate with our contractor during the process -


TW:  While we're on the topic, I'll, I'll just say that we're workin' on that.  We've been talking to MSD uno on a regular basis;  as a matter of fact, we talked to Jerry Kevney today.  He's gonna go out & verify with one of his crews whether or not those River Rd properties are on septic or not.


They're using some dye tests & those were one of the pieces of the puzzle that we need to find out.  We've got our field survey done.  We're, we're progressing on it, but again, it's something that has to get done.  We're hoping to have everything uno built & constructed by the end of Oct & that's kind of what we're still shootin' for. 


6/16/03 Levee - Section  7 of  21


JZ:  Um, another uh, another item is the BN RR.  We have a signed agreemt with UP, ok.  & I think we, we're, we have uh, an agreemt signed by the city & by the COE & BN.  & Eric just gave me checks today.  Uhm, so we, we think that everything is set up within BN.  & once they get these checks & the & the signed agreemt, they'll, they, themselves, will sign the agreemt relatively quickly &, & we'll, we'll be in good shape with BN.  We don't expect that to be a, a problem. 


DM:  Say that should be within a couple wks, sounds like?  JZ:  I would think so.  I would think so, yeah.  CLM:  That was the one that I, I felt would be the biggest problem to get timely accurate on 'em.  I think that's, that's a good bit of work on everybody's part that's been involved in that.  JZ:  Craig Donis in our office has put a lot of blood & sweat into these RR agreemts & um we appreciate that for sure. 


6/16/03 Levee - Section  8 of  21


Um, then, then there's the, I guess the, the need for the city to um, provide an Entry Agreemt, basically saying, & it's signed by the mayor, basically saying that you've got all the land needed for this contract, &, & an atty's certificate.  & I, I think the city is, is gonna work with, uno, the city eng & the mayor & so forth will work, work out some kind of a certification that uh, or a letter, an assurance that, that the city has all the property we need for this, for this const contract.  At the same time, the COE is, is reviewing the deeds, the legal description, our Survey office is reviewing these deeds as they come in & trying to piece together the picture for ourselves as well. 


KT:  But right now there's still 2 properties to purchase?  JZ: (having a coughing fit, so I give him a cough drop & Jim Mitas gets him a cup of water.)  I guess the main point is that we're proceeding with the contracting effort, but we have these things that we have to get done by uh 7/17;  we, being we, the COE & the city, ok.


CLM:  Jim, we're still under the gun as far as that 10/1 date?  The uh hold on any contracts being awarded by 2004?  JZ:  I'm not absolutely sure about that.  CLM:  Still 'bout, 'bout like it was before _ _?  Been no changes?  JZ:  I think that this 'no new contracts' wording sometimes comes out as you, as you're in the early part of the, of the buget process.  CLM: Right.  JZ:  & I'm not sure it still applies at this point in time.  But in any case, in any case, we, uno, it's absolutely important that - CLM:  Don't take any chances.  JZ:  that we uh move ahead with this contract.  I mean for the reason that we want to provide flood protection for VP is the #1 reason.  We wanna get the contract going. 


When we can start work, we want to uh get the contract going this FY so that there's no ques about whether we have it underway so next FY, the monies that come in uno they know we've got a contractor already under contract & they're just providing funds to keep the work going.  CLM:  It could affect aprops for next yr.  JZ:  Right.  CLM: Right.  JZ:  So it's extremely important.  


CLM:  Well, I'd like to cmt,  Mr. Mayor, if I could.  I think - DM:  Sure.  CLM:  a lot of people have done a helluva lot of work to get us to the point where we are now.  Because there were a lot of uh, just 3 or 4 months ago, there were a lot of very difficult obstacles lying between where we were then & where we are right now.  So I, I have a real good feeling about all this work that's been done by everybody involved in getting us to this point.   


6/16/03 Levee - Section  9 of  21


JZ:  One other um, point, just to point out here to, uh cmsn, that uh, we had talked last month about the fact that part of this contract is an emergency road, uno, relocation of an existing emergency road & uh we talked about a cost of uh what our est'd cost is for that portion of the job.  & a letter was sent to EM on 5/30 uh, by Harry Hamell, _ _ have to ask _ _, for the city to provide a hundred & thirty....(exchange tapes)  (I THINK he had said $139,000)


...EM:...tonight & ask the court to _ _ a Right of Entry, a Contractor's uh, eh, Escrow Agreemt.  JZ:  Umhuh.  EM:  I think Harry had given us a sample of some.  JZ:  Ok.  EM:  I'll have the mayor sign that, assuming it's approved by (the mayor?).  JZ:  Ok, great, great.  That's um, that's all I have on, on 4B.


6/16/03 Levee - Section  10 of  21


KT:  Jim, may I ask a ques?  JZ:  Yes.  KT:  Uh, being new to all this & uh not understanding quite all of it, why couldn't the levee have started on the northeast side & continued & been all finished except for these properties that you need to buy?  Why, why did it have to wait until every single property was purchased?  Why, uno, that, that, to me, that seems - JZ:  Um, the northeast, ok, now what's, what remains to be const'd is the yellow part on that - KT:  Is the yellow, ok.  JZ:  The yellow is what hasn't been const'd yet.  DM:  So, Karen, are you ask - go ahead & start bldg up to here to where we need the property, then just leave those last 2 until we get right up to 'em?  KT:  Right. 


JZ:  Um - KT:  Yeah, yeah, why, why couldn't we have it completed up until then?  JZ:  Well, see the red - the footprint there?  (See Photos page, 9/16/02 Levee mtg drawing)  KT:  Right.  JZ:  That, that's the g/p footprint, ok.  & as you see, our levee goes right thru the g/p. This, this doesn't show very well, but these are det areas;  these are excavated areas that are part of, part of the same contract.  KT:  Ok.  JZ:  Um, so between the det areas & the, & the g/p &, & the levee, we're really having to take out the entire g/p system.  KT:  Ok, that's the g/f.  JZ:  That's that old g/f, it's just brick & concrete. 


& we are putting that g/f in - KT:  Where are you putting it?  JZ:  We're putting it into 2, 2 eng'd fills, ok;  1 is all along here, & the other one is over in AL.  KT:  Why - JZ:  Because that's the lowest (cost?) construction.  KT:  when you've got such a large area at the uh, the, the Sports Complex?  JZ: There's a floodway - KT:  & it would make, wouldn't it make more sense to have put it in that Sports Complex so that it wouldn't leak out into the Meramec River? 


JZ:  This, this area here, you, cannot be filled because it's in a floodway of the Meramec River.  It's in an area that's designated by St L County & FEMA.  KT:  Ok.  What about, what about right above it?  JZ:  This is developed area.  This is our det ponds;  there's no space to put it into.  KT:  Ok.  I guess I was under the impression the levee was going right, half way thru the Sports Complex.  JZ: This is the Sports Complex & this is where the levee's goin'. 


CLM:  As a matter of fact, Karen, the levee had to be realigned from the original plans & move it further away from the river because FEMA changed their mind about allowing any part of the river to be in the floodway.  JZ:  To go, lemme go back to your original ques here. 


I mean, the way, the way the land acquisition worked out & the design worked out, we really were getting pieces of land at, at the very end;  uno some pieces of land over here, not too distant past over in like the Pyramid area & there's some, some parcels scattered all along here that have been acquired in the last few months really.  So, so basically, the land acquisition & the overall contract came together at the same time & we're tryin' to do one contract.  This is the most efficient way to finish up the job.  & wanna, we wanna provide protection uno for the city &, & finish the foot line of flood protection all the way thru there.


6/16/03 LEV - Section  11 of  21


KT: But do you understand my concern that if you use AL as a dumpsite for the g/f, that that is such a small area;  it is so close to the Meramec River that if it floods, that there is reason, there is uh, not reason, but, but suspicion that it could leak into the Meramec River?


JZ:  Um, I, I don't consider it a dumpsite.  It's, it's a plan that was approved by Mo Dept of Trans, of, of uh, Natural Resources & the St L County Health Dept.  They know that there's clay _ this embankmt on the riverside slope, they know it's basically that - they know that this g/p right now,  is subject to direct flooding from the Meramec River.  But when the future, it's gonna be encased in, in a clay embankmt because they think the situation is it's gonna be much better off in the future than it is right now.


EM:  Maybe she's unclear of what - explain what materials are being put in there.  It's not - KT:  Yeah, explain, explain what we're - EM: not waste.  CLM:  It's not toxic materials.  JZ:  It's um - KT:  It's not toxic?  CLM: No.  DM:  It's the ground-up concrete.  JZ:  concrete & brick.  KT:  Just the ground-up concrete?  DM:  out of this facility.  It's gonna be pulverized & mixed in with the clay.  KT:  Ok. JZ:  There's been a lot of testing already done.  DM:  I think eng'd fill might've thrown her.  JZ:  Well, that's just - CLM: One, one of the things - DM:  It's just simply the concrete & the clay all mixed together would be impervious to the water.  It won't -


KT:  Ok, I was, I was afraid it was toxic material - JZ: No, there's been a lot of testing on samples - KT: like they, they buried the asphalt right under a pre-school for a school system.  So I was a little bit uno hesitate to say, we're gonna dump toxic right into AL there & - CLM: Oh, no, this has been challenged & reviewed & approved & tested & approved by everybody at the state level & the county level as far as, & the federal level as far as the safety of the operation's concerned.


EM:  Karen, this saves uh - it, it's literally millions of dollars ta, ta, ta take const material, which as uno, a very solid kind of thing that -  KT:  Well, I realize that.  EM: (threatens to?) dissipate the landfill.  It costs extra money to dispose of it via a landfill & this also - CLM:  Plus the haul distance.  EM:  Sure!  Plus the, the, the, the, the time & effort to load it, haul it & dump it;  PLUS, this saves us from getting OFF-SITE FILL as well.  JZ:  Bring in dirt.  EM:  to, to bring in!   KT: Right.  EM: So, it's a, it's a double benefit really. 


KT:  Well, I thought that we had bought, er that the, the levee was gonna go halfway thru the Sports Complex because we paid an extra $2 Million to somebody so that we would have ballpark.  EM:  $2 Million?!  KT: & this is just - EM:  We paid $10,000 a day for - KT:  just hearsay, but it - was so many $.  Uh, & now I see that we have all this land down below that is going to be used as park? 


EM:  &, & ballfields, sure!  Uh, it's, you can't fill - KT:  & it will be used as a ballfield?  EM:  Yeah, probably, 80% of, of Arnold's, er of the ballpark was in the floodway I, I would think.  I  -  JZ:  Umhuh. 


DM:  Well, as you said, Jim, we can't, as I understand, we can't build from here to the river - JZ:  Right.  DM: because of FEMA;  we have to leave that open.  We're not allowed to put dirt in there or the levee itself, further down & we have to put some trees in here to offset the trees we're losing over here as a balance _  - KT:  Ok;  to hold it in.  DM:  _ _ _ _ _ _ _ _ offset trees we're takin' down.  JZ:  Yeah, &, & the, I mean, that land was purchased by the city but it's available for, for future city use.   CLM:  For future env'l law.  DM:  Exactly, env'l laws, not physics of holding the river. 


KT:  Right.  Well, I, I really am, uh sorry & I apologize all over the place that I didn't make it to last month's mtg.  & uh, I'm, I'm sorry that I'm asking ques that you probably - JZ:  Well, it's fine to ask ques.  KT: answered 25 times.  JZ:  No problem, no problem.  CLM:  No ques _ _ _ answers.  JW:  Ok, Karen, you're cut off now;  no more ques.  You gotta wait till next month. 


6/16/03 Levee - Section  12 of  21


DM:  Like you said - JZ: Any other ques?  DM: we need the lands by 7/17, so Eric as far as uno, we're on schedule to get everything we're gonna need ahead of time?  EM:   Well, to, to answer the ques, I'll, I'll have to kind of give you a litany of where we are right now.  Uh, we, we have basically, all the hands, all the lands in, in pretty much hand or it's, it's in process, other than, uh, well, there's 4.  Uh, the cmsnrs met when you all interviewed uh Joe Moore whenever that was.  DM:  A wk ago Thurs.  EM:  Uh, on 2 specific properties;  that was the shpg ctr, uhm & uh, on the DeWitt property which is uh, off of Pharoah. 


Um, Tracy Gilroy, an atty, uh rep'g Maureen Morris &, & now rep'g Mr. McGhee, asked for a continuance.  &, & was granted one from uh the original setting of 4/13, uh until 5/13;  so 4/18 (actually 4/17) to 5/13;  & we had the hearing on 5/13;  uhm, &, & the court gave us the right to condemn their property.  Uh, when we tried to set up a, a mtg of cmsnrs, Mrs. Gilroy indicated that she couldn't do anything for the next month & 10 days, or until 6/23;  uh, because she was busy.


& uhm, she Moved the court to Reconsider it's Order of Condemnation, uh, last wk.  The court denied that Motion & then this morning, uh, I received a, uh, a notice that I'm to be at court tomorrow at 8:30.  & she's asking for a new hearing, & that is, she's asking for a Stay Order so that the Cmsn NOT consider Morris' property uh because she's going to the Court of Appeals on what's called a Writ of Prohibition.  Um, &, & the whole justification that she has is, is that General Flowers OR Donald Rumsfeld OR -


CLM:  How 'bout the President?!  EM:  Thomas White, OR I guess the President, didn't sign a letter saying that Maureen Morris' property was needed for the levee.  So she's going to go to the Court of Appeals for that. 


At our last mtg, what, what we've done when there's problems uh, with, with title at least, is that we offer the landowner what's called a uh, Contractors' Right of Entry;  & it's an agreemt to agree really.  Uh, it just says that we'll consider the, the amt uh, of uh, money involved at a later date, but this is your permit to allow us to come on.  & I offered that to Mrs. Morris, uh at, at our IPR mtg on uh, 6/3.  & uh, to this date, I haven't gotten a response. 


Have you reconsidered, Mrs. Morris?  Where you'll sign that doc so, there, there's really no problems in, in insuring that this levee be built?   MM:  I really can't cmt;  I'm sorry.  EM:  Ok, well, that's what you said back on 6/3 too, but uh, uno, that's that's where we are. 


The, the cmsnrs are meeting tomorrow on pricing for the shopping ctr.   & they indicated that they're going to set the new cmsn mtg for uh Mrs. Morris &, & Mr. McGhee's properties, uh, within the first 10 days of July.  So uh - CLM:  It seems like Mrs. Gilroy, is that her name?  EM:  That's right.  CLM:  Seems like she's really grasping at straws in, in ways to delay. 


EM:  Right;  she, she's also signed up a bunch of, of, of tenants in the area too.  CLM:  Well, I mean that, that - her saying that the, the Chief of Engs is a _ _, that, that's absurd.  EM:  I, I, I thought it was - CLM:  _ _  that's just not, that's not done;  it's never been done;  it's not required any more than my signature is required. 


But I'm concerned that, that Maureen, you're not willing to EVEN CMT!  Do you realize that this could hold up the levee being completed & providing flood protection for the town of VP!? 


6/16/03 LEV - Section  13 of  21


MM:  Well, I'll say this.  I am convinced that you do NOT need my property for the levee.  It's NOT about money;  it's about the fact that I do not believe you need my property for the levee.  CLM:  Well, you didn't answer my ques tho.  You don't have to if you don't want to.   MM:  That's the only cmt that I feel I should make. 


CLM:  Do, do you realize that this could delay the completion of the project?  MM:  I think what's delaying the completion of the project is the fact that you're trying to take my land when you do NOT NEED MY LAND FOR THE LEVEE!  I think it's a land grab. 


EM:  & I might add that her atty did call me up & say everything would go away if we'd just pay her $150,000.  & so yeah, I understand she says it's not about the money.  CLM:  & when they say it's not about the money, it's about the money.  


JKB:  If we would put that pump in, do we need that property then?  JZ:  We'd need part of it;  a big part of it.  EM:  Yeah, we, we still would need part of it.  CLM:  That would also drive up the cost of the project too.  EM:  Altho the pump was -  JKB:  Yeah, but if we lose that, what would be the difference? 


EM: Uh, I, I don't think, I, I think the cmsnrs understand it's an important project &, &, &  we'll get this thing done.  CLM:  The sad part is in the end, the, the levee will be built.  It's just a ques of how, how much Mrs. K I L R O Y can drag it out & keep raisin' really problems that don't exist;  & uno, the Chief of Engs didn't sign the letter off & that's out to be a dickens. 


MM:  I'll add one more thing;  the reason that my atty offered to settle was because she was worried about my health!  (trembling)  YOU HAVE DRAGGED ME THRU CONDEMNATION HELL FOR 3 YEARS & my atty was worried about my health & she coerced me into agreeing with her to make a settlement even tho I DID NOT WANT TO.  Tku. 


RW:  So, Eric, in a nutshell, basically, those 2 pieces of property in Arnold, there's no way they're gonna close on 7/17.  EM:  Oh yeah, yeah, they will!  CLM:  Yeah.  EM:  What happens is the cmsnrs will meet on those, uhm - RW:  Well you said the new cmsnrs won't be meetin' for at least the first 10 days of July.  EM:  Right.  RW:  & he wants the property by July, so that only gives you 7 days. 


EM:  Well, it works tho.  I mean - CLM: _ _ _ - EM: See, we've already been to court & everything else;  this is just the very final step.  & what happens is, they just meet;  they go out to the properties & listen to argumts & then they go ahead & set the, the price, uh, & tell us how much it is.  We, we just flip a check into court &, & it's ours;  the same day we flip the check into court.  RW: Oh, really!  EM:  Yeah.  So it's, I mean it's very doable, uh, &, &, & will be done.  Uh, I, I can't imagine a court Staying it;  it's just, uno, she's asked twice before & the court said no, so. 


6/16/03 Levee - Section  14 of  21


RW:  So we don't have any more hidden parcels or anything that, like 10' here esmt that we're gonna need that's gonna hold - EM:  Well, we did!  We (chuckle) found a, a hidden esmt & the COE is, is working with us on that & said, well, uno, it's, what was it, it was 30 sq ft or something like that or - ?:  3' -  EM:  or 3' by - ?:  11' roughly.  EM:  Yeah, 3' by 11', 33 sq ft.  JZ:  Triangle, so half of that.  TW?:  15 sq ft.   JZ:  It's just at the very edge of, of temp esmt & we thought our contractor can do the job without getting on that little sliver of land on the very edge.  ?: _ _ _ _ - 


KT:  Again, I need to ask a stupid ques.  A levee is ground built up to keep flood water out.  JZ:  Right.  KT: & I don't know;   how wide is the levee?  JZ:  Uh (sigh) I don't have the drawings with me, but um - KT: approximately.  JZ:  Typically, uhm, the, the crown, the top of it, would be 10' wide.  KT:  Ok, the top would be 10' wide, & then - JZ:  & then it comes down on a 1 on 3 slope;  & let's just say if it's 25' H, then one side of it is 75'out, ok?  KT:  Ok.  JZ:  & then the other side is 75' out, so you got 150', plus the - CLM:  Plus the 10.  JZ:  10' crown.  So you got 160'W at the bottom;  that's a general idea. 


KT:  So part of this levee itself, is going to be on the Morris land.  JZ:  Right.  KT:  The bottom of the levee?  JZ:  Yeah, right.  KT:  Part of this 75'?  JZ:  Right.  KT:  Because you're bldg it IN from the Meramec River?  JZ:  Yeah, it has to be inside of the floodway line.  The, the Mer - there's a uh -


EM:  Out, out in AL, & maybe you can't visualize this because I'm assuming uno where Morris' property is & maybe -  KT:  I, I've just been there recently.  EM:  They, they actually own the road & that's, their property goes to the middle of the road.  KT:  Yeah, right.  EM:  Oh, ok.  So you understand that.  KT: _ _ _ - EM: & that's where the toe of the slope of the levee is kind of around that neck of the woods.  KT: Ok.  EM:  So that's why maybe it's hard to visualize. 


KT:  You're not, you're not gonna put a poonndd there?  Or - JZ:  Well, there's, there's a, there's a deche, det pond on - KT:  You ARE gonna have a poonndd there?  JZ:  On the back part of the property.  The front part of the property is where the, uno, the, basically the levee or the, or eng'd fill -


KT:  On the south side of it or west side of it, there's gonna be a pond?  JZ:  Well, where the house is & to the, to the north.  DM:  back of the levee.  KT: Ok, north, north of the levee.  JZ:  There's a de, what's called - part of that is, is part of a det pond, yeah.  KT:  Ok, so you need the WHOLE thing?  JZ:  Right.  KT:  Ok, tku.  Tku very much;  I appreciate it;  tryin' to be brought up to date.  My 2.5 months here has been (chuckle) -


6/16/03 Levee - Section  15 of  21


DM:  Ok, moving on to city cost share for the project.  JZ:  I haven't really looked into these #'s that uno recently, but - EM:  I, I think we're right where we thought we were.  JZ:  We're, uno, we're, uno, when we open bids, we're gonna know a lot more about the final cost of the project.  We have an est now &, & when we get into the, the bidding process, we, we develop a more detailed est that, that our own uh office looks at when we compare our est, this more detailed est, to the bids.  But uh, yeah, we, we've got, we're well with right at the est right now;  & seems, it all seems reasonable. 


JW:  Jim, was that still $11 Million in that one that we got on the ballpark figure?  JZ:  Yeah, kind of a ballpark figure.  ?:  Big ballpark!  (JW has a great laugh!)  RW:  I got a ques on that city cost share & it might fall under that city gov't sponsor.  Who does the acctg for the city for the levee project, the receivables & the expenditures? 


EM: Well, what happens is, on every receivable, er on every payable - we, we don't have many receivables other than bond, bond money.  I mean the bond money comes in;  we have a trustee set up - RW:  Our money.  EM:  I'm sorry.  RW:  We should have a say on TIF money _ _ _ .  EM:  Well,  TIF money comes into the city & it's transferred over to uh, the UMB;  it's automatically  wired over, actually;  uh, & I think it's done twice a month maybe.  & that trustee demands requisitions for everything that goes out.  Um, I, where's your checks? 


I, I think we were on requisition 15.  You can see the form that Jim has right here.  Um, the, the mayor signs it;  the bd approves it;  um, &, the, the, the checks are cut on that (banging noises) _ _ _ so you can see it.  It's, it's audited by our auditor in his annual audit um & each has a separate uh spreadsheet for uh each fund in the uh - KT: Is this the levee auditor or the city auditor?  EM:  City auditor. 


RW:  So do they, do they send a fund balance sheet to the city on a monthly basis or a qtrly basis of the receivables & the expenditures out of that acct?   EM:  Yeah, uh, NO, not audited.  Uh, we have an unaudited balance sheet every month.  Um, do, do you get a city packet?  KT:  All we have is Xerox.  EM:  Ok.  It's, it's in the city;  I'll show it to ya.  


RW:  'cause I asked the mayor at the mtg tonight if he'll fwd that info to our Bd of Directors;  a new receivable.  EM:  Yeah, we, we get it every - it's, it's actually generated out of uh, this office.  Patti -  RW:  UMB _ ?  EM:  Well, Patti does it, uh, uh - RW:  It's generated outta here?  EM:  Yeah.  She does it & she gets bank statemts from UMB & I guess she has that as back-up for, uno, how she  - ?: _ detail _ -  DM:  Patti's doin' it & UMB's doin' it, independently?  Or do they do it - EM:  Yep, they do it independently & then she verifies on UMB's uh statemts.  & there's a lag, I mean they're different simply because there're different time periods;  but it's just like a checking acct statemt. 


DM:  So is what Patti does, what's, what RW's askin' about here then, so if we send her (someone coughs) _ _ _?  EM:  Absolutely, absolutely.  RW:  & it all shows up on balances & UMB Bank too?  EM:  Yeah.  DM:  So the levee fund balances what - CLM: (background) I thought that was a big joke.  I wasn't even in town.


KT: This came up last wk or wk before last in our ald mtg, was they returned the $13,500 check to the bank & had to have 3 other checks made out.  Well, these 3 other checks come to more than 13.  DM:  Was an add'l 1000 I believe.  KT:  Why was the add'l 1000?  Because what I read there, the 1000 would've been included in it.  EM:  Yeah, uno, I, I share your sentiment, but uh uno, there was back-up attached.  There was a letter from Stallbach & then there was a letter from uh, Craig Donis, who's the head of Real Estate, uh by email, corresponded to their lawyer;  & their lawyer indicated no, the $1000 was not included in.  So they weren't gonna do anything till we gave 'em a special -


KT: & you're taking his word?  EM:  I'm sorry.  KT: & you were taking his word?  EM:  Taking who's word?  KT:  That the corres, that that $1000 wasn't included in there?  EM:  Well, I, uno, these are the guys that issue the permits, &, & they said, no, you gotta pay us an extra 1000;  & it wasn't to the, the, the RR;  it was to Stallbach - KT:  Oh.  EM:  was the company;  which is they're - KT: Ok.  JZ: (background) separate.  EM:  Yes.  (silence)


6/16/03 Levee - Section  16 of  21


DM:  So any other ques on that?  Ok, federal & sponsor funding, FY 03 & 04.  CLM:  As you all know, we uh, thanks to our congressional delegation, uh had a substantial amt of money restored to the Pres's budget request, or added to it for this FY 03 & for 04.  Uh I'd like to cmt that uh Jim Mitas from Cgsm Akin's office wrote up a very strong justification for the cgsm to use in going to the House Aprops Subcmte Chairman to justify the full uh request that was made uh for the funding for this project in 04. 


& we owe - DM: That's the 7 Million you're talkin' about, right?  CLM: & we owe Jim a vote of thanks for doin' a lot of homework & putting together a very fine piece of paperwork that had very detailed justification for it.  KT:  Is Jim Mitas working for Todd Akin?  Is, is he - CLM:  He's the staff member on Todd Akin's St. Louis office.  Jim Mitas - did a great job for us.  KT:  Hard work. CLM:  Yep. 


DM:  So Jim, does it look like a good chance we're gonna get the whole 7 Million then?  Or what, orginally, it was - JMitas:  Don't know yet until the cgsm is - DM:  workin' to get it raised from the 2 tho?  JMitas:  That is correct.  DM: Tell him we certainly appreciate it.  JMitas:  We won't know till it's said & done & makes its way thru the - CLM:  The torturous system.  JMitas:  the House & then the Joint Cmte to see what comes out on the floor signed. 


& uh, also, Jim, are you here to say anything about the money that was reaprop'd out coming back?  JZ:  Well, only that uhm, the money that we need, on the commitmt on the part of managemt, is to make sure we get it back.  I gave them, uno, an est'd need, est'd timeframe of when we need certain monies.  Uh really, July is the date we especially need some money back.  They _ _ committed to providing it.  JMitas:  My understanding is that given late, mid to late May, avita55,000  was reaprop'd from this particular project to other COE projects.  I have asked on both occasions for a letter of assurance that that money is being transferred back to this project & uh I haven't been assured that is orchestrated & I have not received that letter yet.  So now it's about time for me to make the loophole & uh request it again.  So I'll hope we have some _ _ _ _ _ _ _ _. 


JZ:  What, what I've been, Jim, I think I've told you this, uh, is that the money we actually think we will expend this FY - JMitas:  Right.  JZ:  is what the commitmt's been made to get, make sure we get that back.  JMitas:  Well, my understanding is that we have sufficient funding reserved for this project for uh, the work that can be done up till 10/1 this FY.  JZ:  Right.  JMitas:  So uh I don't have any problems about that, but I would like to see a brief assurance that the money is placed, uno, _ _ _ _ _ indeed come back in the time parameter.  We're just gettin' real warm & fuzzy on _ _ _ _ _ _.    CLM:  (chuckling) Understood.


6/16/03 Levee - Section  17 of  21


JKB:  I'd like to ask you a ques.  How come they're not burnin' down there no more or cleanin' up?  EM:  You mentioned that to me.  Jim, do you have a - JZ:  No, I, I didn't call our const office.  Uh, I forgot that DC wasn't gonna be here but Dave usually gives the good Const Progress Report, so I, I didn't call.  I, I, I have a feeling that this rain is slowing things down but I, I don't really know.  EM:  & they pulled their equipmt, didn't they?  JKB:  I think - it's not sittin' down there & I mean - DS:  Their equipmt's there;  it's in Johnny Macs.  JKB:  Oh, it's in Johnny - well they've lost a lot of time.  I mean there've been some good days too, they can put in down there.  KT:  Uhuh. 


JMitas:  But then again, soil conditions;  if you have rain, heavy rain one day, it can take 2 to 3 days before the soil is - JZ:  Uhm, lemme, lemme check & give you a call, ok?  JKB:  Ok.  JZ:  I'll give you a call & let you know when I can come out & we'll see what's goin' on.  EM:  Len Martin's on-site down here, isn't he?  John, you, you might ask Len martin;  he's in, he's in a const trailer;  he's the COE employee that's on-site down here.  Uh, just next time you see him, do you know Len?  JKB: Huhuh.  CLM:  He's the resident eng.  EM:  Yeah.  Just go up & introduce yourself.  He's a real big guy.  JZ:  He's not the resident eng.  CLM:  No? 


JKB:  Where's the trailer at?  EM: I dunno.  JKB:  Is it the one down here by the - down River Rd?  EM:  It used to be at the Lion's Club.  DS:  No, they don't have it - JKB:  No, they haven't been none down there.  EM:  Oh, is there nothing there now?  JKB:  Huuh.  JW:  You just keep drivin' till you find it.  (they laugh heartily)  JKB:  I mean I haven't - I seen one down the river, but I think it's gone;  that was about 6 months ago.  CLM:  Like a moving crap game, huh?  EM:  He, he just probably comes in & out then out of wherever he _ _ _ _ _. 


6/16/03 Levee - Section  18 of  21


KT:  Are we almost finished?  Can I ask Eric a ques, Dan, YH?  JKB:  No.  KT: It's not embarrassing or anything;  it's just a yes or no.  DM:  _ _ _ embarrassing, but go ahead.  KT:  When I go into the computer & I bring up Valley Park Levee, it brings up all kinds of Martin & there's a, a Martin with a G in it, which I don't think is you.  But then it goes into detail about uh, other um, attys that are, that are in touch with this.  EM:  Really?  KT:  Umhuh.  You oughta pull it up sometime & uh, look into it.  EM:  Yeah, what are, what's -


KT:  You just type in Valley Park Levee & the very first that comes up is uh Martin & Weinstein & about 5 other names & they work thruout the US, uh on the levee cmsn, on a levee cmsn helping to do levees.  & it specifically uh speaks about  the VP levee.  CLM:  We got somebody workin' on it we didn't know about, Eric?  EM:  Man, that could be.  I, uno, I wasn't even aware that there was another website, a VP Levee website. 


JW: Maybe that's how Eric's gettin' 2 checks;  _ _ _one with a G.  (they laugh heartily)  KT:  I, I was curious & uh, wondered if - EM:  Yeah, I mean maybe there's another VP.  I, I don't know, I don't know of any Martins with a G.  KT:  Oh no, it, it's - well, there's a lot of Valley Parks, but when it starts specifically talking about the one in MO right out of St. Louis County that's uno, it gets it really down, Meramec River _.  CLM:  Yahoo scores again.  (JZ laughs)


EM:  I don't know, I mean I don't have my own website.  KT:  Well, I didn't think you had your own website;  I just wondered if you were also working with these other big companies that if, if you got some info from these big other companies that work on levees thruout the US. 


CLM:  That's news to me too, Karen.  I know other levee projects, but I never heard of the law firm with Martin & Weinstein.  KT:  Yeah, if you, if you just type in Valley Park Levee - CLM:  I'm gonna try that.  KT:  You'll get it & it'll be, it'll be a Martin, but it'll be a G.  CLM:  That's, I'll bet somebody's got some wild info there about something.  (chuckle)  That should be interesting.  Tks for bringin' it up.


6/16/03 Levee - Section  19 of  21


DM:  Jim, on those trees, is there any chance or hopefully only a small chance that that tree burning will hold up the next phase?  Or is that _ _ _ _ _ - JZ:  I would think it would not hold up the next phase, but I'll check _ _  - DM:  Are there penalties involved?  I think you said like 180 days, or a 100, or no, 18 months for the next phase.  So if they go beyond that, other than weather, then I guess the other penalties that they've got incentive to finish?  KT:  Can't you use kerosene?  JKB:  That's against the law.  JZ: I, I don't know;  I think we're, lemme just - I'll give you a status report also, Mayor, next time I call John. 


RW:  It's probably not so much the burning that they're having problems with as much as moving the debris to the burning sites because it's so muddy.  Uno, the burning, they can burn all the time.  KT: Ok.  RW:  They can burn when it's raining 'cause it burns so hot.  KT:  But they can't get to the site?  RW:  Well, yeah, the tractors & stuff are gonna get hung up if there's a limited space & that, that thing was a swamp down there for 100 yrs & to have rain on top of that, it just makes it even more of a mess. 


KT:  & so this landfill is going to stop that?  RW:  Which one is that? (1 or 2 laugh) JKB:  She's talkin' about where the levee is.  KT:  The levee landfill, the levee, the levee - RW:  Oh, I think they'll be fine once the weather dries out.  You'll be surprised at how fast that will move.  DS: It should because that's higher ground.  _ _ _ any day in the g/f.  RW: & I'm assumin' that's probably why it's been delayed here lately because of all the rain. JKB: 'cause that's mostly rock in there anyway.


TW:  When there's a lot of const projects delay the process - RW:  Yeah.  TW: road reconstructions - RW:  The weather is the last launcher.  KT:  But it's costing us money.  TW:  & it's not the fact that if it rains one day & the sun comes out the next day, everybody thinks everybody oughta be workin'.  CLM:  Can't do it then.  TW: The biggest part of the problem is the soil that you're workin on, can't be moved & touched;  it's very hard to move mud.  CLM:  & it's saturated thruout this area. 


JKB:  The g/f, they could burn that 'cause it's hard in there.  DS:  Yeah, they could work up there any time.  KT:  Uhuh.  TW?:  Yeah, _ _ _ _.  KT:  It seems to me as tho there is a lot of places where they could go instead of concentrating on just one place.  That's why I asked if they couldn't have levied - RW: _ _ 5 burn sites _  - ?: They're digging pits & using air distractors.  RW:  Yeah, I think they only got 5 sites in the total project.  ?:  That's a lot when you're diggin' a 15' hole in a swamp.  RW:  & it's a requiremt they cover it every day.  JKB:  _ _ in the g/f;  they don't even have to dig. 


6/16/03 Levee - Section  20 of  21


DM:  Next, we have Maureen Morris;  she asked to speak.  Maureen.  MM:  Um, well you wouldn't have problems with the land, if in the first place, you wouldn't low-ball people's prices, uno.  That's what it was in the beginning, was the fact that you only offered $30,000 for my property, uno, & then it was about the price. 


But NOW, I've learned just a little bit about property rights & I've learned - as far as I'm concerned, from everything I know & everything that's happened,  I'm convinced that you do NOT need my property for the levee.  Um, but like I say, if you would've offered decent prices in the first place when I thought that you DID need my property, uno, I would've sold it.  So I think that's part of what's holding up the project - which is not my fault;  it's NOT the landowners' fault.


Um, these Levee/IPR mtgs, they had been held every 2 wks for the past 3, 4 months & as of 5/5/03, they were supposed to be held every wk at 1:00.  & EM had said in the 5/5/03 BOA mtg that they were open to the public.  Anyway, long story short, uh, the last mtg was 6/3/03 & on 6/6/03, EM left me a phone msg very courteously, tku, telling me that there would be uh no more June mtgs scheduled & the COE would announce any that were scheduled for July.  Well, first of all, they've already been scheduled so they're actually cancelled.  I would like to know why these mtgs have been cancelled.


JZ:  Uh, those mtgs are called by our, our Real Estate office.  I, I think, & this is just what they've told me, I think they think that basically, we've, we've resolved most of the issues & so there's no need for mtgs.  MM:  But I thought that's why the mtgs went to every wk, was because we're gettin' to the end of this.   CLM:  Those mtgs were to resolve issues.  But, Jim, I'd suggest that Maureen call Tom Hewlett, who's Chief of Real Estate Division.   & like you said, they're the ones who decide whether there's a need for a mtg or not.  I'm sure he'd be happy to explain to her that -


MM:  Well, I think JZ is the Project Mgr;  he's in charge & he should coordinate everything.  JZ:  No, I'm not in charge of these mtgs, but uh, they, Real Estate has called the mtgs that, but that's my answer.  MM:  Ok, tku.  Um, have all the - CLM:  Uno, usually people criticize the gov't for having too many mtgs.  MM:  Yeah.  CLM:  I'm surprised somebody's criticizing 'em for not having enough mtgs. 


MM: Um, have all the revisions been made & are the P&S for the levee officially finalized?  JZ:  P&S uh, there was a mtg with MSD today uh to discuss one last little issue & I think they're basically ready to go out.  Maybe they have already now just gone out for uh the reproduction of the, these little CD's uno.  MM:  So in other words, are the P&S officially finalized;  yes or no?  JZ:  Um say when, when they go out to the contractors, they'll, they'll be finalized.  That's what - MM:  As of today, are they finalized?  JZ:  Uh - I'll just wait till they go out to the contractors because who knows, somebody might think of something between now & Wed. 


MM:  So evidently they're not finalized today, right?  I mean, yes or no?  JZ:  Like I say, when they go out to the contractors, they'll be final.  MM:  Ok, so they're not out to the contractors yet, right?  JZ:  They're not out to the contractors, right.  MM:  So then the answer is no, that they're not final today, am I right?  DM:  So it could be changed, but you don't know of anything at this time?  JZ:  Right.  MM:  So it could be changed, so they're not final, right?  CLM:  Why don't you define what you mean by final?  MM:  I'm asking you a simple question, are they finalized officially today?  DM:  They'll be final by Wed morning. 


JZ:  What, what happens, even after they go out sometimes there's a change later uno, so.  EM:  I mean have you ever seen an As-Built as compared with a, the, the original plans?  They're, they're always different.  Uh, there's always changes in, in any complicated sort of project as you go along.  JZ:  & when you finish the whole job, you compare what's called As-Built drawings which shows how it was actually built.  MM:  TW, would you say the plans are final today?  TW:  I don't know.  I don't know if they're final or not (chuckling);  not my, comin' out of my office.  MM: Ok, um - TW:  I think what he's saying is they'll be final Wed. 


MM:  They'll be final Wed;  so in other words, they're not final today;  so the answer is no.  I don't understand why I can't get just a simple answer.  CLM:  They could be final today.  It depends on what's in the equation between now & Wed.  & unless you have a, have a direct line to the man upstairs that can tell us what's gonna happen between now & Wed, we don't know.  RW:  They're not really to be released until Wed;  so the answer is that!  CLM:  Yeah.  MM:  They're not ready to be released.  RW:  Not until Wed 'cause that's when the date was posted.  CLM:  That's  a rog!  RW:  Yeah.


MM:  & this, this 6/25, now that's a mtg at the city hall for the contractors?  What was with that now?  JZ:  Oh!  Um, that was a, what's called a site visit.  MM:  Now is that still on?  JZ:  That's been, that's being changed.  MM:  Oh, that's being changed, ok. 


6/16/03 Levee - Section  21 of  21


Um, now, the, I'm concerned about the time, the time & money that's been spent on um, the permits for the eng'd fill for the g/f & I'm confused about all the permit issues involving MDNR & the State Health Dept & whatever other agencies that have been involved; um 'cause this has been going on for a long time, tryin' to get the permits & this & that.  & now didn't CLM & Andy get a Storm Water Pollution Prevention Plan Permit WAIVER that negated the need to get a special permit? 


EM:  Mr. Mayor, at, at this juncture uno I gotta advise you guys, we're in litigation with this lady.  & I, uno, I think the purpose of this cmsn is, is to debate issues &, & let you guys know really what the COE &, & what the city-end of it is doing.  We're getting awfully technical here & I'm not sure what the point of -


MM:  Excuse me (as I stand up), I think I have the floor, don't I?  EM:  I'm not sure what the point - MM:  Do I not have the floor?  I'm talking - EM:  of the cross-examination is & - MM:  & this Levee Cmsn is in order to find out - EM:  I, I would encourage - MM:  WHEN THE LEVEE IS GOING TO BE FINISHED & I'M SPEAKING, MR. MARTIN, please, I believe -


EM:  I would encourage us to adjourn the mtg maybe by motion & - MM:  I don't think you should be interrupting me when I have the floor.  Is that right?  CLM:  You don't have a right to talk all night, do you?


MM:  I'm in the middle of speaking.  I don't think I need to be ridiculed any more.  Now the point of this Levee Cmsn is to - CLM:  That's in the eyes of the beholder.   MM:  FIND OUT WHY THE LEVEE PRO, UH, PROJECT IS TAKING SO LONG, where the problems are so that we can fix it so that we can get the levee finished.  CLM:  Well, you told us - MM: Tku.  CLM:  about some of the problems.  MM:  Tku.  Tku. 


DM:  Next mtg's 7/21 at 5 pm.  Is there a motion to adjourn?  JKB: I'll make a motion.  ?:  2nd.  DM:  All in favor? (some ayes & mtg ends at about 6:08 pm.)






The mtg was called to order at 5 pm on 6/16/03 at VP City Hall.  Present as members were:  DC, JKB, RW, JW, TW, CLM, JZ, DS & EM.  Also present was Renee Kirkiewicz with Senator Gibbons, James Midas{sic} with Cgsm Akin, Andy McCord with DG Purdy, JEM & Vivian Blackman.


JZ, Project Mgr, indicated contractor's bid invitations were sent 6/18/03 for the final contract with tentative openings 7/17/03 & an award date of 8/14/03.  He explained that a risk assessmt had been prepared & no openings would take place until the sponsor certifies property acquisitions.  The need for an embankmt agreemt with MoDOT was also discussed. 


EM gave the Cmsn an update on court activity to secure the final 4 parcels for the levee.  JZ addressed an inter-Corp transfer of excess VP monies to another project & commitmts to re-obtain that money.  A brief discussion was held on the lull in the tree clearing contract;  MM addressed the Cmsn on the finality of const plans.  JZ indicated a 6/25/03 walk-thru for prospective contractors.  Mtg was adjourned at 6:10 pm.