MOPR'S 7/21/03 LEVEE MTG MINS

 

Notes:  None.

 

Present:  DC, JLB (left 5:45),  DS,  BW,  CLM,  EM,  JZ,  Kirk Carson for TW,  DM,  JKB,  RW,  KT (arrived 5:15), TB (arrived 5:55).  Also Andy McCord of DG Purdy;  JEM (Joseph  E. Moore), VP Cmty Dev Dir;  Jim Mitas of Cgsm Akin's office. 


 

7/21/03 Levee - Section  1 of  21

 

DC: I don't know whether you've all met our new uh floodplain rep, Jim Brust, John Brust's son, he's the new floodplain member.  You know everybody?  Uno, Mr. Walls;  CLM uno;  & did you meet JZ?  He's from the COE.  JZ:  I think we met last mtg, didn't we?  DC:  Kirk Carson there, he's with PH Weis.  Uno the mayor;  I won't introduce you.  I think uno _ _ _.  I think uno everybody else. 

 

(roll call - see above +)  DM:  JW called & said he'd be workin', so he wouldn't be able to make it.  DC:  Who, Jeff?  DM:  Jeff, yes.  DC:  Was Probert here the last time, do uno?  DM:  I don't think he was.  I think he's been to like one mtg in the last _ _;  maybe get with him & see what the deal is.  (Pledge Allegiance - I took pictures of them pledging.)  DM:  _ _ _ _ _ newspaper.  CLM:  You startin' a _ _ now _ _ _, Maureen?  MM:  I don't know.  CLM:  All these ugly guys.  DM:  _ _ _ _ - BW:  (laughing) Yeah, we'll be famous! 

 

DC: Anybody have any additions or deletions for the agenda for tonight?  Uh, if nobody else has, uh, do you have, do you wanna add something?

 

7/21/03 Levee - Section 2 of  21

 

EM:  No.  I, I put out proposed mins & on the proposed mins I put John Brust, but I didn't put James Brust.  & I apologize - last time, but you weren't here last time.  I don't know; sorry.  DC:  Did we ever get the mins?  I wanna get rid of these.  Did we ever get the mins for Feb, March, April, May?  & you got the mins for the next mtg here.  Did you ever - we ever got any of those mins?  EM?:  No. 

 

DC:  Well, I'm just gonna drop 'em;  we can't ever get 'em.  Ok, we got the 6/16 mtg mins.  Has everybody a copy of the mins?  (2 or more: no)  RW:  I don't have a copy.  What, did they get mailed to us?  DC:  No, they - DM: pass 'em around, here.  DC:  Do you have the mins?  Do we have the mins?  BW: Do these go on down?  ?:  Yeah.  DC:  Oh, here we go.  BW:  I blew it;  they stopped on me. ?: _ _ _ - BW:  (laughing) Stopped the whole show! 

 

DC:  Uh I got the additions or deletions to the agenda.  I have an addition;  uh, um, Maureen Morris, on the levee;  I'm gonna put that under 7D.  (long pause) Ok, um, I need a motion here to - I don't know whether we got - we've got 5 members;  is that a quorum?  If we got 10 members, if we got 5, is that enough to have a, approve the mins or do we need the 6th?  EM:  Oh, let's go ahead & use 5.  Uh, I, I'm not sure.  DC:  Ok, I need a motion to approve the agenda for 7/21/03.  RW:  Make a motion.  ?:  2nd.  DC: I have a motion to approve the mins;  uh, all in favor? (ayes are heard)  RW: Is that the mins or the agenda?  DC:  Agenda;  I'm sorry, the agenda. 

 

Uh, now approve the mins for the 6/16 mtg.  Um, everybody have a chance to read 'em?  RW:  I move that we table these till next mo.  DC:  Ok, we'll hold 'em over till next mo till everybody has the time to read 'em & I'll bring it back up.  Ok, discussion items for this mtg, uh, Item 4B update.  Jim, do you wanna take off there? 

 

7/21/03 Levee - Section  3 of  21

 

JZ:  Yeah, I sure will.  Um, since our last mtg, a couple of major events I think.  First of all on 7/2, we had a Site Visit which uh, is when the contractors come out & perspective bidders come out & look over the job.  & we had 15 contractors & subcontractors represented _ _ companies represented;  more, more people than that.  

 

Um, they had some ques & cmts.  & uh, essentially because of their ques & some other things that have come up, the 2nd important thing is to, to mention to you is that we had to pospone Bid Opening because we have to make changes to our P&S.  So the COE has postponed the Bid Opening until 8/18 to give us time to prepare an amendmt, a technical amendmt to the uh P&S that covers a variety of things that need to be changed & improved in the, in the uh P&S.

 

CLM:  Anything significant that uno of?  JZ:  Um, well, I mean all of it, all of it is significant because you wanna have it, you wanna have it right when _ _ - CLM:  No, I mean anything like dollar-wise or schedule-wise;  stretch out the project or cost more money & that sort of thing.  JZ:  I don't think so;  I mean nothing that's really significant in that sense.  

 

Um, they said they couldn't uh, they couldn't bid on the um, eng'g fill as a lump sum item.  They needed more info about quantities & - CLM: More contractor, that type of stuff?  Ok.  JZ:  Yeah, &, & other things;  they couldn't tell which trees are still standing on, based on the drawings vs those that are been cut down.  CLM:  That's why you have a Pre-Bid Conference. 

 

JZ: So yeah, I would say I mean, I, I talked to the mayor a little bit earlier today.  When we have a complex set of P&S go out & they get reviewed by all these contractors who are in the business of constructing these things, uno, often times it, uh, they have cmts that, uno, they see things that you've missed & you need to improve your P&S.  CLM:  Well, my experience has been that you generally get a better bid by having those questions -

 

JZ:  Yeah, if you resolve the ques, it becomes right, exactly right.  Uh, if the issues are, are handled, then they can bid without uh, being concerned about those issues so you typically would tend to make it better.  CLM:  They don't have to pad it, they don't have to pad it & _ _ _ _ _ _ work _ _ _ .  JZ:  Right, reduces the # of unknowns to the contractors.  So again, the Bid Opening is postponed until 8/18.  & uh before we open bids, there are still some real estate actions that have to be handled, which I think Eric's gonna probably talk about somewhat.  But, uh, that's just a reminder.

 

Um, I have - I typed up a new schedule uh, to give you an idea.  Pass these down;  there's not enough for everybody.  We um, we did issue the P&S on 6/18 as shown on this schedule & we've now postponed the Bid Opening till 8/18.  & uh -

 

7/21/03 Levee - Section  4 of  21

 

JMitas:  Jim, based upon the revised P&S, is that going to require new submission of bids by the prospective uh, contractors?  JZ:  Well, they, they have, they have not submitted as yet.  JMitas: Ok _ - JZ:  That's the point of uh - you send out a notification & we've done that already, saying we're, we're postponing the Bid Opening till 8/18.  & there'll be a set of technical specs, er there'll be a set of technical amendmts that come out.  & they have to come out in time for them to be received, like by the end of July, so the contractors can then take them into acct as they finalize their bids. 

 

JMitas:  What's your new closing date then for bids?  JZ:  Uh, that, we will OPEN the bids on 8/18.  JMitas:  That means somebody can submit a bid all the way thru the morning of the 18th?  JZ:  Yeah, & typically that's what happens.  They, they show up on the 18th.  JMitas:  Ok.  JZ:  They, they all pile up & come in on the 18th & then you open the bids.  But you never open the bids until uno they're all there;  &, & it's a public session where every, all the contractors that are interested are in the room;  & you open the bids.  CLM:  No under the table stuff.  JZ:  Yeah, you open the bids;  uh &, & tell prices in front of everybody.  It's all public info;  so that's, that's the way it's handled.

 

BW:  When will the bids close then?  JZ:  I mean the bids - DM:  That day, right?  JZ:  That is the day, 8/18.  BW:  8/18, the bids should be in by then?  DM: They have to be in or else it's - JZ:  We open the bids that we - CLM:  Whatever's in will be opened.  BW:  Oh, ok, you're opening the bids that received, you received?  Ok.  JZ:  Yeah, it says something like 11:00 in the morning on 8/18, we will open the bids that we have.  BW:  I thought you were - that was the time to start the Opening & then you'd have a Closing of the Bids. 

 

JZ:  No.  DM:  You start opening right then & if it's too late, they don't get 'em submitted.  JZ:  It all takes place in about a half an hour, uno, when you start - ?: _ _ _ - JZ:  everybody that's interested in -  BW:  That's the Closing of the Bids, basically?  JZ:  Yeah, it is.  CLM:  When they say Bid Opening that means - DM:  That's the Closing _ _  - BW: Yeah, I thought that was the Open - ?: _ _ - BW: period of time _ - DM:  They could submit 'em, but they haven't - JZ:  Sorry, it's just - BW:  Yeah, ok.  JZ:  But I  -

 

DM:  Joe, did you have something you wanted to add or?  JMoore:  He answered it;  he said 11:00.  DM:  Ok.  JZ:  Well, actually I'm not sure about that (chuckle).  JMoore:  But you're going to specify a time that they're due by?  JZ:  Yeah, it probably is specified, but I just haven't read it;  it's typically 11:00.  JEM: _ _ _ - CLM:  That's in the computer, Joe, so it's probably gonna stay there with all the other contractor Openings. 

 

JZ:  Um so, so then the Award, uno, the Award of the contract is, is an estimate of uh, 4 wks later.  That depends on the bids & whether, uno, uh, any problem;  they have to review all the bids &, & make sure that uh, that they have good bids _ _ _ _ - 

 

7/21/03 Levee - Section  5 of  21

 

CLM:  Jim, has there been any thought given to some sort of a ceremony at either the Bid Opening or bid Award _ _ _ _ ?  This is the big Chihuahua uno!  JZ: Um, I wouldn't (pause & BW laughs)  DM: _ probably thinkin' when they finish it.  JZ: I wouldn't have a ceremoney with the Bid Opening because then you still have to go thru the process of, of reviewing the bids.  CLM:  I, I think it would - you could, if you want to get coverage, uno, _ _ _ uno for the city, I think it'd be appropriate to have something at the Awarding of the contract.  JZ:  Or maybe the Notice to Proceed;  I mean give 'em a chance to - BW:  That, that would, I think, be a more appropriate time, the, the Notice to Proceed _ - DM: _ _, yeah.  JZ: Notice to Proceed -  BW:  Something's really gonna happen.  JZ:  Everythng is set - CLM:  _ ground;  uno, when the actual - DM:  When they're out there - JZ:  I will, I will talk to Contracting & others about the possible -

 

CLM:  What I'm thinkin' is that this project, more than any other flood control project I've ever been aware of, the people that are gonna benefit from it have - they've been gettin' flooded out for so long.  Back, I mean the COE first looked at this back in 19, I mean 1887 I think, & they uno, never met all the requirements;  & it has now & we're gettin', uno, down to the end.  _ _ -  DM:  What was that first yr you said?  BW:  1887?  CLM:  Yeah, I think there was some sort of a request from (JZ laughs) some local resident saying, 'hey, uno what!  We're getting flooded here in VP & - (BW laughs) 

 

DM:  120 yrs later, we're - BW: Yeah, hey, we're really hammerin' on this one!  CLM:  A lot of people go back that far, haven't gotten zip yet, uno, 'cause it's never been justified.  But uh, I mean the people get flooded down here for so many yrs that I think this would kind of drive home the fact that, hey uno what, guys, we're actually gonna get flood protection!

 

DM:  I think the Notice to Proceed would be good;  at least get a picture of the winning contractor & - BW:  Yeah, I think the Notice to Proceed & it might be, given some thought & planning to a, a uh, some kind of a completion uh, event, if you want to call it _ _ _  -

 

CLM:  I think you're, generally, you're _ _ _ _ _ _ _ _ __ _ _for flood control contract.  This hasn't figured in developmt, full-fledged;  that'll generally do it.  & that's another plus I think for the city to want to get the word out to real estate folks & const people.  & people might _ _ _ _ office bldg or _ _ _ _ uno what, we better start planning things because this sucker's liable to be real.  DM:  Finally see a light at the end of the tunnel gettin' brighter.  CLM:  Too bad Lyndon Johnson couldn't find the _ _, & _ _  _ kept sayin' Vietnam, but this one, _ _ _ _ _ _ _ _.  JZ:  I mean that's really the info I have. 

 

CLM:  The other thing I wanted to make sure everybody understood is, uno, as you've discussed before, Jim, there's a 'no new const contract' type thing that's kind of a cloud over 2004, which is why it's so important to get this contract awarded for - make sure, in this FY.  JZ:  I don't know, those, I, those thoughts & discussions about what happens in FY 04, they kind of change over time so I, I don't know that -  CLM: But you're still scheduled to Award;  that's the key action is to Award the contract in FY 03.  So if anybody had any ques about whether delaying it or  -

 

BW:  When would uh, Notice to Proceed be?  JZ:  Well, it's on the schedule here, uh - CLM:  29th, 2 wks.  JZ:  I'm saying the 29th, 2 wks later.  CLM:  Which is normal.  BW:  2 wks after the Award of the contract?  JZ:  Right, yeah.  CLM:  Yeah, the COE has to check their insurance & so forth.  BW:  Yeah.  DM: Like you say, it gets into fiscal Y,  FY 03;  then; a couple days of the Notice to Proceed, or when - CLM:  The Award actually is the key date.  DM:  Ok, the Award - CLM:  Then you're in concrete.  DM:  Ok, once we Award it.  CLM:  I wanted to mention that in case some, some folks are wondering is this gonna cause us a problem or not.  DM:  Yeah, ok, so it's good to know.  CLM:  So we're in real good shape.  DC: That it, Jim?  JZ:  That's all I have, yeah. 

 

7/21/03 Levee - Section  6 of  21

 

DC:  Eric, you have anything on 4B?  EM:  Um, I, I'll just read a, a letter that I wrote to uh, JZ on uh 7/15:  With the denial by the MO Court of Appeals of uh, Maureen Morris' application for a Writ of Prohibition, the cmsnrs met on Monday, 7/14;  & had a viewing of 6 & 8 Arnold Dr to value property owned by Maureen Morris & Richard McGhee.  Morris sought $150,000;  McGhee sought $80,000.  The city had offered $53,000 to Morris, & McGhee, $27,077.  Cmsnr Awarded Morris $75,000, & McGhee $42, 500. 

 

The cmsnrs also released their Awards from the 6/5 hearing involving Meramec Plaza Ctr & a portion of vacant land owned by Lillian DeWitt.  The ctr sought $310,000 to $500,000;  the city had offered 63,000.  Lillian DeWitt just indicated her property was valuable;  the city offered $1000.  The Cmsnrs Awarded the shopping ctr no money for parking esmts & permanent interest on properties directly behind the levee;  $55,000 for a temp const esmt & $8000 for the permanent esmt.  DeWitt was ordered 1000, was Awarded $1000.  

 

Uh, this was a great effort by uh, the COE & the city;  & I appreciate uh, the COE's help in uh, reinforcing the city's positions as to values.

 

MM:  For you, Eric. (On the table in front of Eric, I placed a musical pot of synthetic dancing & twirling flowers.)  ?:  What is that?  MM:  You have all the properties;  Eric should be congratulated.  CLM:  Well, very nice!  EM:  Thank you;  that's sweet of you;  appreciate that!   MM:  You can't keep it tho.  CLM:  I like the tune, but I can't think of the name of it.  ?:  In the Mood. (a few repeat it)  CLM:  Very good, very good!  EM:  Very good, Maureen;  I appreciate that. 

 

DM: Could I get a copy of that after the mtg Eric?  EM: Very unexpected _ _ -  ?:  _ _ _ _ -  DM:  Oh, it was in the paper? Ok, good;  I knew the other stuff _ _ _.  That page there is in the sheet too?  EM?: Yeah.  DM:  Ok, tku. 

 

7/21/03 Levee - Section  7 of  21

 

EM:  Um, so, so that really completes the, the acquisition process;  now starts uh, another process.  Tonight, I'm asking the bd uh, to, to give monies IMMEDIATELY so we don't go thru a trust acct, so that I can take this money & deposit it into court tomorrow.  Well, actually it's gonna be - 'cause I gotta do the checks for Dan;  Dan'll sign 'em tomorrow;  so it'll be the next day.  What is today?  Mon, Tues, so Wed, Wed morning. 

 

The day I deposit these into court, um, the, the court clerk gives a notice that I've prepared to all the parties & they have what's uh, called a, a Distribution of the Award & a Hearing on the Distribution. 

 

We appear in court & have a hearing & uh, they fight over the money amongst themselves.  &, & the city gets title, legal title on that, actually on the day we place the money into court & notice goes out.  Um, so that, that completes our acquisition process.

 

All parties have the right to Except &, & there's been a, a, a lot of Exceptions uh filed historically, in this case.  Um, &, & it just means they have a jury trial uh, later. 

 

  7/21/03 Levee - Section  8 of  21

 

(EM Continues) Um, let's see, I, I did get notice today that uh, the COE needs an add'l  7, well almost 3/4 of an acre from MODOT.  JZ:  Yeah, I haven't uh talked to you about the latest on that.  But basically um, we had a, we had a, we have a plan, of course, to tie the levee into the Hiway 141 embankmt on both sides, ok.  & when we were um in Jefferson City, talking about, uno tryin' to get their eng'g approval & um, & find out about the agreemt that's required, um, the bridge eng has a set of plans that showed that the fill under the uh, Hiway 141 is, is rock-filled, ok.  & that was in contrast with the set of plans that, that our geotechnical eng had that showed it was uh, filled, but you could have pile driven thru which would not be rock-filled, ok. 

 

So uh since, since - there's some uncertainty about, about the fill, but actually there's been more discussions, quite a bit more discussions between Pat Conroy & the uh engs at the Hiway Dept & Pat Conroy & the contractor who built the embankmt & so forth.  He, he is - CLM:  _ _ _ _ - JZ:  He is uno, more & more convinced that it is NOT rock-filled, a big rock-fill, ok;  but uh, he would like to still go ahead & proceed with getting more temp esmt under the hiway in case there's something that has to be done.  We will learn more about what the embankmt is when we open, when we look at each side as we tie in the levee;  we will learn more about the embankmt.  So uh, he - CLM:  _ _ _ _ _ _ - 

 

JZ:  Uno, this, this acreage that we're talkin' about is uh, acreage that would allow us to work under the, under the bridge, along on both, one side to the other;  & also there's an area to the side that would be used, uno, if there's a need to stockpile some materials over there.

 

BW: This is an esmt?  JZ:  It's a temp esmt.  BW: Oh, ok.  JZ:  &, & actually, the way it's working out in the uh, agreemt with MODOT, they really uh, there's an agreemt, rather than an esmt. &, & the agreemt has certain clauses & so forth in it.  It's an agreemt between the city & MODOT, but attached to that agreemt is a drawing that shows where there's rights to do, to do the work, ok.  So that's what, that's what we're now looking at, is to change that drawing that's attached to the agreemt, ok.

 

7/21/03 Levee - Section  9 of  21

 

EM:  Um, &, &, & there's one other issue with, with, with the MODOT agreemt.  The bd approved that by ord, but in, in the ord, the way I couched it was that some of the language was offensive, &, & the mayor's not gonna sign it until that language is cleaned up.  &, & just generally speaking, MODOT says that they have the right on 30-days notice to make us take the levee away if they don't like it, or if they just feel like it, or for any reason at all.  & that's not, I mean we can't live with that, obviously.  (BW laughs) 

 

Uh, I, I've done some legal research &, & my conclusion is this:  even if we can't reach an agreemt with 'em, um, the, the, the hiway can only use the ROW for a hiway because they did not acquire the fee, Fee Simple on that property.  Uh &, & that does not preclude us - & I don't even think legally, we needed a damn attachmt agreemt with 'em, but we, we did.  Uh, but they do not have the right to demand that we uh, uh, uh, uh, a proper use of a publicly acquired ROW, uh, uh, they, they cannot demand that we leave.  So I just wanted to let uno;  I mean that's, that's a legal conclusion. 

 

& I've talked to uh, uh Dave, &, er, er Dan (Camen?) over at the Monarch Levee Dist.  &, & Monarch ended up with this same lousy agreemt & uh, uh we both concluded that.   & uh, I, I am working on alternative language with it &, & uno, we'll incorporate it, that within this.  But I'm just uh - JZ:  Ok. EM:  They don't have the guts to do it, #1 (chuckle);  & legally, they can't.  I, I can't imagine any court that would... (exchange tapes) 

 

... DM: ...that seems _ - EM: Well, I, I mean I haven't  - DM: I mean did we cover our  - EM: I have not, I have not given this to you for signature because we haven't come up - DM: Ok.  EM: with new language yet.  I think what we'll try to do is, is uh, uh water it down where uh, uh we'll, we'll make it a, a longer time with a Right to Cure.  If, if  they think there's a flaw or a design problem or something like that & they have to give us an alternative site to, to build the levee or something like that.  I mean - DM:  Ok. 

 

EM:  You can see where they're comin' from;  if, if they wanna widen the road, they don't wanna be stuck with having to pay for a new levee.  But by the same token, uh, we obviously don't wanna be (chuckling) stuck in a situation of building a $40 Million levee & -  ?: _ _ _ - CLM: Well, you take a delicate situation where there's no levee, but there's just property on their property, if they wanna widen the road, they gotta pay you to widen the road -  ?: Right.  CLM: _ the property.  EM: Right.  CLM:  So you're knowledge is _ _.   

 

CLM:  & we've had this similar problem with the levee with MODOT out in uh, Chesterfield Valley where we wanna tie into the bridge running across the MO River.  We've already tied in with one side, but that's 2 yrs ago & out there.  & MODOT is gettin', has gotten very leary of dealing with the levees because Monarch-Chester Levee Dist uh, taxed the Hiway Dept for Interstate 64 goin' thru Chesterfield Valley because they're protected by the new levee.  & they've never paid taxes to a levee dist before so they fought, MODOT fought them in court & took it to the highest possible level & lost. 

 

So they, they kind of, they see somebody comes along & says we wanna tie a levee into their hiway - like they have a clause that they asked VP to include that's called the Human Clause which is their human atty, Houston Attys, _ _ _ _ _ _ _ _.  They came up with the _ _ _, the language that forced 'em to pay taxes.  They didn't wanna pay taxes to Monarch Chesterfield because they know now this has happened;  other levee districts are coming along, saying, hey, uno, we're protecting this part of your hiway _ _ _ _ _ _ _.

 

EM:  Here, in our circumstance, it's different - CLM: Yeah.  EM: because Interstate 64 IS protected;  here, Hiway 141 is above base flood level.  So it wouldn't, I mean under NO circumstances would, would they be a, a Special Benefit.  CLM:  Right.  64 is built to the 100-yr elevation, but the levee's to the 500 elevation up there, so that, that's why you've got -

 

DM:  But wouldn't Vance & 141 flood if we had a 100 yr flood?  EM:  That's not built on State ROW's;  only State ROW's is what they're concerned about;  the others are County ROW's.  DM:  But wouldn't part of 141 flood, is my - EM:  Oh, _ _ - DM:  That Vance/141, I thought it flooded in that area before, so we are protecting part of it.

 

EM:  I, I, I don't know, but, but - DC: It flooded there below the RR track, _ _ crossing in back of the - EM:  It's all kind of an old issue.  Because we're a 4th class city & by law, a 4th ca, class city cannot establish a levee dist.  A levee dist CAN be established independently of the city, but, but as a CITY, we don't have the right to assess benefits.

 

DM:  I'm not trying to assess benefits, but I just don't want the state to say, ok we're gonna widen the road & here it'd be - I mean I knew that because of political pressure they wouldn't do it, but just - EM: Yeah - DM:  whatever we can do to pro, protect the city & say, well, here's the plans;  we're gonna swap out for this;  we're gonna do that;  & _ knew VP would still be protected, so -  

 

EM:  We'll, we'll work on that - DM: which _ _ _ - EM:  & we are working with the COE legally on that, &, & to get something _ - CLM:  I think, I think Eric's approach is, is gonna accomplish just what you wanna make sure _ _  - DM:  Ok, ok, good, that's what -  DC: Do you need a motion or anything from the Levee Cmsn to the bd of ald for this or anything?   EM:  No, no.

 

7/21/03 Levee - Section  10  of  21

 

Uh &, & just so uno, the only other issues that are really outstanding there, uh, are uh, we, we obviously have tenants in, in all our properties.  Uh, & our tenants are subject to, to what's called the Uniform Relocation uh & Assistance Act;  &, & that's uh, a federal uh statute that, that gives tenants certain rights & benefits when they're displaced due to a federally funded project.  &, & the city, of course, has, has uh agreed in the LCA (Local Cooperation Agremt) to administer that. 

 

Um, we, we are facing some issues;  um, the same atty that reps Mrs. Morris reps some landowners, particularly at 4 Arnold.  & these are, are 2 unrelated people living together uh, whatever;  I, I call it a household;  they say no, we live separately altho we live together.  It's a man & a woman.  & so just for instance, they want double benefits.  CLM: _ _ _  - EM: Each, each one says because we have an independent household, we should get up to 5 or $6000 in benefits.

 

So uh, we, we do have a third party that's administering that that's very familiar with what's going on.  But uh, uh, the, the soonest these people can be out, uh, in, in AL, is probably 90 days from Wed;  uh, that's assuming the elgibility has all been calculated.  I think it has been.  Uh, but, but those are the last remaining landowners out there _ _.  Umm,  

 

DM:  Does that impact the levee at all?  I mean as far as the schedule?  EM: I, I don't think so.  I think that was part of the Risk Assessmt & uh - DM:  Ok, good, as long as we'll be right behind 'em with a bulldozer I guess. 

 

7/21/03 Levee - Section  11  of  21

 

EM:  Yeah, uh, uh, we, we have talked to the COE about who's going to, to raise the properties.  & uh, I think just, I sort of concluded that that it would be in our best interest for the city to raise the properties ourselves. 

 

Uh, #1, if the COE discovers an env'l hazard, I think there's some different, some different bells that get pressed & alarms.  Where, if the city discovers an env'l hazard, we already have an env'l firm on retainer;  we know how to deal with it;  we've done it a LOT of times.  Uh, &, & we tend to respond in, in not an (chuckle) alarming manner as the COE, just kind of EVERYTHING happens.  &, & we don't want to take a chance - I guess really what I'm saying is, of slowing down the project.  & I think it would be in our best interest to raise the properties.

 

CLM:  I would strongly agree with that.  DM: Ok.  CLM:  Plus I have the fact that when Eric uses the term env'l hazard, it doesn't really mean what people generally think of as an env'l hazard.  DM:  Not toxic waste, but something like lead paint or  - CLM:  technical - DM:  battery - EM: Exactly, uh, asbestos uh _ _ _ -  ?: Siding, yeah. CLM:  I would strongly concur with Eric's recommendations.  DM:  Ok, I think I agree too. 

 

EM:  & I guess really the only other thing, uno, once we pull all this together, & everything's filed in, in court & then filed in the recorder's office in turnum, I'm gonna do a certification, says we have all the property.  The eng's gonna do a certification based on my certification.  & then hopefully, Dan, when he has those 2 certifications (someone coughs) & asks, he'll be asked to sign what's called a Right of Entry that, that says we have all the real property interests uh required.  So that's really it &, & uh it goes hand-in-hand in what the COE's doin' here.

 

7/21/03 Levee - Section  12  of  21

 

CLM: When you gonna open up a bottle of champagne?  EM: Yeah!  Some, sometime, once, once it's finally over.  CLM:  & you buy it all of us. 

 

BW:  What about the properties on the east end down there, in Pharoah I think?  There were some people out of town or you couldn't collect or find 'em?  EM:  Uh, those are all - we, we, we bagged 'em up!   BW: Got 'em?  So that's all?   EM:  Yeah!  We had one that died on us!  But uh, we, we got the estate. 

 

CLM:  You didn't, you didn't reincarnate them?  EM:  No, I didn't reincarnate 'em.  (BW laughs & possibly someone else.)  CLM:  Just checkin'!  DM:  You're assured of that?  _ _ _ - EM:  Yeah, Mrs. Richardson was, was uh, had reached an agreemt (chuckle) with the city & then unfortunately passed away.  &, & uh, I negotiated a deal with her estate;  so everything's fine. 

 

BW:  But that, all that - I know there was one piece of property that the owners were out of state & - EM:  Um, yeah, that was uh some people in Arizona & they went ahead &, & uh - BW:  It went thru with no problems?  EM:  Yeah, Arizona & Georgia I believe.  DM: So every - EM: Pantez.  DM:  Every piece of property then we got - the COE?  Very good!  Good job!  ?: _ _ - MM:  I thought it was Wallace.  ?: _ _  - EM:  Uh, Wallace did uh, a Right of Entry it's called.  DM:  Ok. 

 

JZ:  Uno, I don't, I don't know that we have a signature on that BN agreemt;  at least I haven't heard that we do.  EM:  Well, let me strike that then.  JZ:  But I'm, uno - EM: The, the COE was handling that, right?  JZ:  I mean it's, the agreemt's there, signed by 2 parties & the checks are there, but I just have not heard back that it's been signed, ok.  But it shouldn't be any problem & we'll get it signed. 

 

7/21/03 Levee - Section  13  of  21

 

DC:  I have one ques that I guess maybe we need to talk about this.  But we have to figure out, the city's gonna have to figure out a way to get this Kena St finished or get it in before we start too far on this levee.  Because if we don't get Kena in, I mean & we start at AL or wherever the contractor starts, or maybe he starts on both ends, we're going to have to note there'll be no way to get actually down to River Dr. 

 

If they would have to close Pharoah & also close River Dr up & off of 141, that'll all be, be closed up.  I mean there'll be no uh - so we need to have access from there, uh down Kena & hook it onto River Dr, or the people that live on River Dr now, won't, will not be able to get in or out into that property, into their properties & uh, the park will be unusable.  They won't be able to use the boat landing or anything down at the park.  It'll sort of be land-locked or river-locked I guess when the levee starts.  So we need to, I think the bd of ald, maybe we need to make a motion that they go fwd on doin' this Kena. 

 

Or maybe uh Kirk can give us some info if we're proceeding & then & anything to get this creek laid out or whatever.  Kirk: I've got the, the survey info & completing the design on the Kena St goin' down to uh River Rd so that will have continuous access.  EM:  I, I, as I understand it, I mean this was not gonna be a (McKanna more?) asphalt road?  DC:  Uh, no, I don't think it's gonna be anything like that.  This is just gonna be right now, a temp road that would, that we can get down on.  The fire dept would have to get down to these houses if they would have anything

 

As far as AL, uh, the uh, the fire dept is gonna be sort of hung up because they're not gonna be able to use their emergency road by the RR tracks to get up around 141;  they're gonna be kind of stuck.  & that's for, for a certain period of time until possibly we get the levee uh in AL done, & they get the road over the top & everythingBut uh, & then they can use the emergency landing here, uh emergency road by the RR tracks.  But I mean until that time, it's gonna be sort of a -

 

EM:  The city does have a ROW.  It, of course - DC:  Right, I mean uno - EM:  Kena is a, a paper street, so - DC: I mean it's, Kena - BW:  That street up on the east end which will be on the outside of the levee comin' around?  Kirk:  _ _ just on the outside.  BW: So there'd be no goin' across the levee from that end?  Go outside the flood gate & go down a little bit of a - Kirk:  Yes, go down a little bit.  BW:  Is that suitable enough for the fire dept?  Then you'd have no access - I mean do most of the houses - what is there, 2 or 3 pieces of property down there _ _ _ ?  

 

7/21/03 Levee - Section  14 of  21

 

DS:  4 _ _ _-  RW:  There are 4 I think.  DS:  4 houses.  BW:  They're all down towards the west end, aren't they?  DS:  2 at this end;  2 at the other.  BW:  Oh, there's 2 at the other end yet?  DC: Right, one of 'em isn't occupied  tho _ _  - RW:  I think they all still are.  DS:  Yeah, they're all occupied, 4 of 'em;  2 at the east end & - DM:  2 of 'em east of Pharoah?  DS: 2 right over here, yeah.  DM:  Ok, I thought there was only one.  RW:  No, there's 2 down there at the other end.

 

DC: Well, whatever!  It don't matter what it is;  we need to get it done, so we do (someone coughs).  Uno, I don't know how the contractor's gonna work.  We don't have any uh, Plan of Construction or anything, but uno, he may shut Pharoah down.  I mean & he may shut AL down up there on 141 when they start in there at that embankmt. 

 

DM:  Was it in the contract that he keeps some access to River Rd so these people can get in & out?  Is that _ _ , Jim?   JZ:  No, there's not.  DC:  There is not.  DM: So it's possible there are gonna be periods of time where - JZ:  Well, we, you need this River Rd - I mean this uh Kena Rd relocation uno, like, like Dave said,  it's a quarter of the way done.  DC: There's no - DM:  But do we need to address that now?  Or is the city gonna put something in to make sure that - Kirk:  We're designing it right now, mayor. 

 

DM:  Ok, now who's gonna have to build that?  The city or - DC: The city;  it's a utility.  I figure that's a utility, so the city will have to - it'll be the city's responsibility.  I mean the electric line is already down there.  Uh the houses down there on River Dr from Fowler & the other end, I think they all are supplied by that.  & the other one comes over the RR tracks & supplies the houses up there.  So I mean uh -

 

BW:  Is there anything in his specs as to which way the contractors are supposed to proceed as to - JZ:  There's only, there's some things that are supposed to be first, which is um, put these storm sewers in along Hiway 141;  take, take a, uno, the pipe over to the Fishpot Creek uh, just north of um where UP's embankmt is.  There's a, a junction box that they have to install in, in the uh, in that existing storm sewer that runs along Hiway 141 to allow it to be diverted to uh Fishpot Det area.  & then, then there's, then there's a gravity drain down at uh, right where the levee will be, right at uno, next to the Hiway 141 embankmt close to the Meramec River.  So there's things they have to do first. 

 

& another thing they have to do early is um, do a um, some testing & proof of, of how they're gonna handle the, the eng'd fill as far as a test fill.  We need a test fill & show how the compaction's gonna be & so forth.  Other than that, there's not - we don't say you have to start at this end, uno, you can't go over there & work -

 

7/21/03 Levee - Section  15 of  21

 

BW:  Well, what's the timeframe on this street?  Uh - JZ:  It's gonna be up to the contractor.  BW: You work on the design - JZ:  We're tellin' the contractor he has the right to do what he wants to do along the entire footprint of the levee, basic - I mean except for what I just described to you.  & so uh we, we have to be, we, the city & the COE, have to be ready to let this contractor do that because that's what they're basing their bids on.  BW:  Yeah, yeah, I understand that.  When is their drawings gonna be completely done? 

 

Kirk: Very soon;  that area's pretty clear down there & like I said earlier, it's not gonna be a super hiway;  it's just gonna be a very basic roadway, very basic access.  BW:  In a month or 2, or a wk or - Kirk:  Probably 2 to 3 wks.  BW:  So you're gonna run in with - how long is it gonna take to build the street?  Or is the city, city gonna do it or is the city gonna contract it?  Kirk:  We're gonna have to have some uh - DC: _ _ _ - BW:  What?  DC:  It'll be up to the city, how they're gonna, how, whether they're gonna build the hiway or build the road or whether it'll be  - BW: Contract it.  DC: _ put it out for bid I would imagine.  So - DM:  You think I want Chris do it or would you recommend we go out?  'Cause if we gotta go out for bids, that's a bit of a delay, so.  Kirk: _ _ _.

 

BW:  Is this gonna be a permanent road?  DM: No, it's just - BW:  I mean it'll be there forever?  DM:  Eventually, it will be, but this is just temp while - right?  Kirk: Yeah.  DM:  There's a temp road & then permanent once it's all - BW: I believe Joe's got something to say. 

 

JEM:  We're lookin' into a Notice to Proceed goin' out at the end of Sept.  DM: Ok.  JEM:  & we're pretty much in the end of July.  Since you're preparing an addendum to the contract, would it be appropriate for the COE to put a clause in there that states that there has to be access maintained until this road is done?  Just so if anything goes wrong on the road building, we don't end up having to helicopter people to their houses or whatever we have to do.  Because if you don't put a provision in the contract & the new road, - BW: not done - JEM:  temporary road, isn't designed & built in time, you have this potential conflict that nobody wants to have to deal with. 

 

BW: What's that gonna do to your - JEM:  We don't want to pay for motel rooms for 4 families.  BW: contracts?  Is that gonna do?  JZ:  Um, I mean that would just create - well, you have to just tell 'em what the timing would be & all that.  ?: _ _ _ - JZ: It's much clearer just to have the road relocation done.  RW: He left; he (JLB) had to leave .  JEM:  I don't disagree with you, but I don't think we got as much of a timeframe to work in.  We're lookin' at the end of July & you're talkin' about the end of Sept.  We have 2 mos & he hasn't got the design _ _ _ _ _. 

 

DM:  How long is it gonna take to do those?  You said there's things they have to do first before they do anything else.  Is that gonna take a month or 2 or?  JZ:  Estimate uno, maybe a month or so.  DM:  So hopefully that'll buy us another month - JZ:  I, I think it's something that - BW: Is this a concrete st or a gravel road?  Kirk:  It's just a gravel road.  JZ: This is something the city really needs to give - BW: just a gravel road, not even blacktop? JZ: attn to & get it done, basically.   CLM:  You're not talkin' about a major const time requiremt, are you?  DC:  Sort of like the svc road up there between the RR tracks down - BW:  So it's just a, a, a  -  JEM:  Kirk, are you lookin' like pugno? _ _ _ _  - Kirk:  Just a very basic, just a gravel road, just an aggregate road _ _.  CLM:  You don't expect to put in any drainage or anything like that, are you?  Kirk:  No.   - DS: _ _ _ -

 

7/21/03 Levee - Section  16 of  21

 

EM:  Actually, I think there's even a road down there now.  It's a - DS: #1, I'm tellin' ya - (someone chuckles)  EM:  There is, not much, but it's - CLM:  Probably just  -  Kirk: It's halfway down _ -  DC:  There's a ROW at the base of the street;  it's all laid out & the electric lines go down along that.  I don't know whether, how, where there is, but we own all the property.  Kirk:  It's all cleared already.  DC: So I mean they could have the street just about -

 

CLM:  What are you talkin' about, a wk's work?  BW:  Yeah, that's what it sounded like. You're not paving, you're just uh - DC:  There isn't a big, there isn't a big clearing thing because all the trees have been cut out of it because the uh electric co have cleared all the trees.  It's more or less just a straight shot down thru there.  CLM:  & there's some grading & uh & - BW: Sounds like something the city could easily do. You think, Dan?  CLM:  Oh, I think - DM:  That's why I'm gonna use Kirk's guidance here.  Kirk:  I think that is, I think the city forces are sufficient to do that. 

 

DS: They may have to uh, hire some trucks to haul it off.  They may have 2 or 3 trucks if he's gonna be - DM:  If we could hire without havin' to go out for bids - 'cause, Eric, we could just bring some people in on emergency basis to get this road done without bidding & - EM:  I don't know a whole lot to tell you about that.  DM:  Ok, you're the expert there.  CLM: What kind of trucks you have available?   DS:  They have 3 dump trucks, 4 dump trucks I think;  they're single axle dump trucks.  BW:  You'll, you'll have - DS: One of those could be doin' something else during the day, uno that wouldn't be, couldn't -

 

(They start talking at once.)  BW: You'll run cheaper with hiring the haulers out of the, out of the yard that, uno, when they call up mortar gravel.  They'll, it'll end up costing you less & less wear & tear on your equipmt & - JZ: I don't see that would be a problem _ _.  DM: So do we have to - ?: _ _ _ - DM: Tell him I'm gonna have to check with Eric.  ?: _ _  - DM:  Do we have to go out for bids & all that to  haul X # of - BW:  Well, my guess is you're just buying materials.  Wouldn't, you wouldn't have to go out for bids.  DS: the city - EM: If we're just doin' material, right.  ?:_ _ _ - DS: you should be able to - JZ?: & ones that Eric has totaled access -

 

RW: The gravel cost is goin' to Dan.  DM: Yeah, if it's over a certain amt, then we have to go out for bids.  Like when we cut trees down;  we have to go for 3 companies & -  BW:  _ _  -  DS: I hope they won't drive - BW: Ok, fine;  I'm gonna _ _ (laughs) -  DS: Who knows;  he may be able to do it.  JZ: It's not gonna help a whole lot if - DS: I'm just thinkin' these are single-axle trucks.  DM: I think Eric's gonna have to say whether we can just go buy gravel or do we have to - BW:  I think it'd be, I bet it'd be cheaper just havin' the rock haulers bring it in.  JZ: Ok.  BW: Less wear & tear - JZ:  I'll talk to - BW: You just got, uno, look at that with triple-axle trucks.  JZ:  It's part of the Order & Coordination of the work.  DS: Yes, sir.  BW: Let them tear up their trucks.  JZ:  It's coordination of -

 

?: Their own eggs & their _ _ _ - JZ: & the city's gotta plan  - DS:  Right, yeah;  that's the only thing I was _ is the time difference.  BW:  & it's gonna cost you a lot more.  You're havin' your own drivers goin' back & forth & back & forth - (others talk indecipherably in the background) DM:  We already used James to haul salt, so we might as well use him to haul gravel;  Dick James.  In the winter we need salt;  he hauls that on triple-axle.  BW:  Does he? Yeah, but he knows _ _ _ -

 

7/21/03 Levee - Section  17 of  21

 

EM:  This is my only problem, Joe.  The contract's already - DM:  Does he have trouble with salt & gravel?  BW?:  Uh, he might have - EM: to get the COE to do anything - DM:  We'll have to check.  BW:  We'll check.  JZ:  We're makin' an amendmt.  EM:  Are you makin' an amendmt?  - ?:  _ _ - BW: What the hell!  Have James do it & - 

 

MM:  I'm sorry;  could one person please talk at a time.  (EM talks with someone in the background.)  EM: Uno, it probably wouldn't be a bad idea with James.  BW:  I _ _ _ would do it.  JZ: & uh - DS:  Well, you could get this word out to Jim right now & any rainy day when they can't do anything, they could start haulin' rock & just stockpile it there.  ?: _ _ _ - EM:  Sure. ?: _ _ _ - DS: They got a bulldozer.  EM:  Absolutely.  DS: I think the city's got a bulldozer;  they can spread it.  EM: Absolutely.  DS:  So they could get a jump on things if they could stockpile.  JKB:  But if you have 'em haul it in, they'll spread it for you.  BW: Yeah, they'll -  DS:  That's your best bet no doubt.  CLM: _ _ _.  That's gonna cost quite a bit of money -

 

DC: I think we need for the city eng, Weis, to get with - CLM:  That'll cost a little bit more money - DC:  the mayor or maybe with the  - JZ: _ thing is to notify - DC: bd of ald - JZ:  has to notify the city _ -  DC: & decide how they want to do this - ?: Oh _ - DC: this access road under, uno - JZ: _ just a modification.  CLM:  Oh, that's - DC:  have some kind of a - JZ: _ _ - DS:  JM needs to be there.  DC:  Right, he needs to be in on this & to sit down & figure out uh, how we're gonna do it.  & if he's got it all surveyed & gonna have drawings & everything, we could have, uno, give the city some idea & I'm sure that JM & we can get somethin' worked out & get that road started;  & at least get it in without too much -

 

BW: I don't think it'll be an issue with just bein' a gravel road.  If you're gonna pave it or concrete it or whatever - DS: It's gonna be an issue with those people when the paint starts gettin' knocked off their cars.  Then, it's gonna become an issue.  KT: I know - DC: We can always shut down on the traffic on, on that River Dr because once we close one end of it, we're not gonna have the traffic that's tryin' to get around.  DS: Just the families that live there.  DC: Just the people that live there & people that are goin' down & use the boat ramp at the park, uh, along the river. That's the people's gonna be usin' because the thing's gonna be closed up.  There'll be no outlet for 'em to go around & get - BW: It won't be thru traffic at all  DC: beat the trains or whatever;  beat the traffic & everything.  Because this is just an access road that we can supply people in the, on the River Dr with in case of emergency for fire or anything like that - that they can get in & get out of it. 

 

There is gonna be a certain period of time where the fire trucks are gonna be limited that they won't be able to get around, underneath the RR tracks usin' the emergency road.  & maybe they can use this road if River Dr isn't closed east of the uh RR tracks & it's finished on the other side of AL.  That loop is already finished;  they can go around & be able to use that.  But I don't know where the contractor's really gonna start on this.  He, he may start in 1 or 2 places.  He may start on Marshall Rd;  uh, he may start on the pipline up on 141 which looks like the logical place where he's gonna start.  But that'll probably be all subcontractors & then he's gotta work in the g/p to start that operation & get that ground up before he can actually start haulin' & mixin' dirt & gettin' that all stockpiled & everythng else so we can move it. 

 

So that looks like maybe uh 2 operations or maybe 3 operations that they'll be doin'.  & he may be haulin' dirt - he may be takin' dirt outta that borrow pit down off of Pharoah & River Dr.  & usin' that for - he's gonna be haulin' material off of 3rd St & down on 9th St to put in with this uh, crushed rock & everything. 

 

So there's gonna be a lot goin' on possibly at the same time & it's gonna be kind of a messed-up operation maybe for traffic in VP.  But it's gonna be sort of - when they start haulin' out of 9th St, they're gonna have 'em goin' down Pharoah until they get all that dirt moved outta there.  & then 3rd St, that's, they're going to have a temp exit off of 3rd St off of the first paper st on 3rd St goin' over to the uh levee site, comin' down Marshall to 3rd St & goin' back between the old cotton plant & where the storage places are there to haul dirt in. 

 

So you're gonna have a - I, I really don't, I don't think anybody knows how this rock, uh this crushing & all that's gonna take place & what that's gonna be & how that's gonna be.  I, I'm interested to see this myself, how this is gonna be done & stockpile it & everything like that.

 

7/21/03 Levee - Section  18 of  21

 

KT:  We just, we just put a weight limit on Marshall.  DC:  Well, we're, I brought it up at the last mtg that possibly once they get that, they're gonna have to make some agreemt with the things.  Remember, we - DM:  I think they said that's for thru traffic & this is local so - DC:  Right.  KT:  That, that would be thru traffic. 

 

EM:  Well, actually, you have not made the agreemt.  It's on for tonight before the bd of ald.  & in, in that ord, the way I tailored it was that the uh PW Dir has the discretion to grant a permit that such conditions _ _ _ _ - KT: Ok, alright.  DC:  Because I don't know, uno, & uh possibly, when they do 3rd St, uh, that road will be used when they haul the dirt in from the uh Simpson, to go in, in that 3rd St exit entrance, egress to the property;  uh they may use that the full time of the contract to get the dirt from Simpson over here.  But we do know they're gonna use it for the haul off of 2nd St up here, 3rd St & up uh Vest to Beckett Memorial & haul it over to Marshall & then down Marshall to 3rd St;  so ok.  Does anybody else have anything on 4B?

 

7/21/03 Levee - Section  19 of  21

 

Uh, city cost share, do we need to bring this up?  Or is this still, is this in a - do we know what this is?  Everybody agrees on that?  Or is this - JZ:  I don't think there's anything NEW on that.  DC: Ok, uh federal & sponsor funding, uh, is 03 already taken care of?  Do we need to -

 

CLM:  2003, we got uh, the Pres asked for 600,000 & uh, the Congress aprop'd - DC:  Do we just need for 04 & 05?  DC:  Let him finish 03;  I want to hear what - CLM:  As I reported earlier, we uh Congress aprop'd 3 Million for 03 & of course we overshot what we were able to use in 03.  & as uno, some funds have been transferred uh to other projects, but the COE has everything they need for 03 & then some. 

 

Uh, for 04, the Pres's budget request uh kicked up the request by 2 Million.  & uh, late this afternoon I got, uh by telephone info, that apparently the House has voted a bill out or enacted a bill, the full House of Reps, uh for Energy & Water Aprops Bill for FY 04 which kicked the $2 Million pres'l budget request up to $2.6 Million.  & the Senate has also acted, & next time I telephoned a report, uh & increased the pres's budget request from $2 Million to $3 Million for 04.

 

You say, well, what does this mean uno as far as where we're going, where we expect to be in 04, & the answer is most optimistically, a rosier situation would have the COE contract earning more money than the $3 Million from the Senate version.  Some of the reasons that we got 2.6 in the House & 3 Million in the Senate as opposed to add'l money for _ _ _ _  over the $3 Million amt, is the fact that uh, 1, this yr - well, first of all the aprops for water projects over the yr are very difficult to increase over the Pres's budget this yr. 

 

Secondly, there's 'no new const starts' language written into both the House & Senate Aprops Bills which means & when they do that, that means they really lowered the boom on the funding levels;  & so we've kind of gotten bitten by that too.  

 

Thirdly, I suspect that some Congress things that took place at the Washington level between the COE people in Washington & the House & Senate Aprops Cmte Staff, based upon the way these things usually go, the people at the Wash level probably figured that at this point in time, they couldn't say for sure to the congressional staffers that they can use more than $3 Million.  & I think that's about all that the cong'l staffers needed to say, come back with an amendmt, & say 2.6 in the House or 3 Million in the Senate is all we really have to come up with even tho they're under pressure. 

 

Both Cgsm Akin & Jim Mitas has kind of prepared an outstanding written requiremt & justification for more than the $2.6 Million.  Now go back to Congress & say, uno, look, this is all we think the COE can use.  The Senate side, they managed to get up to 3 Million.  So that's where we stand right now.  The Senate has passed a bill with 3 Million for 04 & the House passed it up for 2.6.  Uh, normally, they would split the difference & we'd end up with 2.8 Million.  In this case, I expect this to end up with 2.8 as a minimum & more than likely, the 3 Million.

 

The other thing to consider is that if the contract is, does earn, his earnings are faster than that $3 Million level, because the decision was made at the Wash level, & not the district, to go at the 3 Million or 2.6 Million level aprops, this uh, puts pressure upon the COE at the Wash level, the COE hdqtrs, to find money during the FY to make sure that the contractors' earnings are met.  Which means that the dist will be in a position of uh, not having to push the (harm?);  just report out they need more money & the Wash-level COE will be under a great deal of pressure to find the money elsewhere in the COE.  & there's always excess funds floating around for projects that run into problems where they have strikes or weather problems, or the funding amt was more than what the COE said they could use to begin with. 

 

So I'm sure there'll be an issue (when?) the bill goin' out.  I don't see any circumstances under which, no matter how much the contractor is able to earn, you're in FY 04 & uh, the COE will come up with the money, one way or the other to fund that.  So bottom line is I think uh, we're well on the way to being in good shape, going into the Joint Conf which will be mtg later on this summer, between the House & Senate conferees. 

 

7/21/03 Levee - Section  20 of  21

 

DM:  Now by us getting into Sept, does that help beat the new starts requiremt?  CLM:  Yes, that - DM: Ok.  CLM:  That completely eliminates any ques.  As, as we discussed before, some, there has been, there's 2 set lessons.  You can't Award a contract after it's, uno, no new contract with const after 10/1;  others say, well, that didn't apply to us. 

 

Then, we've been working with the COE to make sure that with Jim's help, that all the guys involved at the COE here, (lie or lay?) & pull together & urge it, & be able to work on gettin' all the bills _ required to that -  make sure that we don't end up having to PROVE that we don't have a problem.  We're not gonna have any problems.  We wanna Award it BEFORE 10/1.  & once the contract's Awarded, & any holes that might have been on it, or uno all the (valence?) - DM: Ok.  CLM:  So when uno the contract will proceed without fail, it's just a matter of funding & that uh, is where I think, if we get the 3 Million, I think we're off to a good start in 04. 

 

BW: Is there any, Jim, is there any indication or guesstimation as to level of protection over the duration of this contract?  In other words, will there be, half way thru it, are we gonna have half flood protection or, uno, that type of thing?  JZ:  Um, generally that doesn't happen;  uno, because you're building a levee & there's always an opening somewhere or a pretty significant opening.  I guess there could come a point when you're close enough to creating a levee that you could, you could have a flood fight effort. 

 

BW:  So for all practical purposes, there's really not gonna be protection until almost the end of the contract?  JZ:  Yeah, there are, there's probably some times when you're not quite high enough that you've got a complete line of - there could be a complete line of protection, but not quite high enough.  BW:  But there is no _?  JZ:  & for all practical purposes, - BW:  Figure no protection till (then?) - JZ:  when you have uh, the levee in place all the way along, then you have some flood protection.  BW:  But there is no specification of that at all in there?  JZ:  No.  BW: Ok.  DC:  Anybody else have any ques?  If not, we'll move on;  Item D uh, Mrs Morris on the uh, levee.

 

7/21/03 Levee - Section  21 of  21

 

MM:  Um, I just wanted to say that I, I find it astonishing that EM & Demba DEvaluation Svcs told the cmsnrs that I'm getting TOO MUCH RENT.  I think that's just totally absurd!  Um & also, you'll notice I did not Pledge Allegiance - because I am not a politically correct hypocrite.  I just can no longer pledge, "Indivisible, with Liberty & Justice For All".  The City of VP & the US Army COE have proven that it does not apply to me;  it is only propaganda. 

 

I'm working on a compendium & hope to have it ready soon to clarify why I have no doubt that you are in the final stages of a successful land grab of my property.  You have taken my land by lying, designing & redesigning levee plans to coincide with your condemning excuses;  & thereby, you have also successfully persecuted me for speaking out about this land grab & are leading me to financial ruin.  Congratulations, gentlemen, you must be so proud of your authoritative expertise!

 

With this levee & the city's Comprehensive Plan, how many other Private VP Investors are on your hit list?  & by the way, Eric, you will be happy to know that my tenant, Tom John Sloan, who has suddenly become very hostile towards me & now owes me thousands of dollars, thinks that you're a very nice guy. Tku.

 

DC: Ok. We'll have our next Levee Cmsn mtg on 8/18/03, same time.  I need a motion to adjourn.  ?:  I'll make a motion.  DC: 2nd?  ?: _ _ _ _ - I have a motion & a 2nd;  all in favor?  (ayes are heard)  (Mtg apparently adjourned at 6:05 pm.)