Notes:  Mtg time: 5:13 to 5:55 pm. See updated Initials & Abbrevs Page, two of several new items

int = interest, K = thousand.


This was a Tuesday instead of the usual Mon mtg due to the 9/20 PBH at VP High School re VP's proposed annexation of part of the former City of Peerless Park.  Noteworthy is that  EM's position as Peerless Park's Official City Atty was disputed in the mid-late '90's as was his position of VP's Levee Counsel (Docs Page - 12/9/96 Post Dispatch Article). 


Just before this mtg started, DC was distributing copies of a levee-finance doc, 9/21/04 Shortage...(see Docs Page), & refused to give me one saying that it was just for the Levee Cmsn, & despite my cmt that I had obtained DM's approval to be given copies of all levee mtg hand-outs at the mtgs.  So I gave him a Speaker Card, listing as usual #8 Arnold Dr as my address.  Altho the city has my home address & it's well-known that #8 was my only rental property, he said, "Put your correct address on here;  you don't live at #8 any more."


Also, EM had given me copies of his 8/20/04 Remarks to the Mississippi River Cmsn (on Docs Page) & the city's 8/16/04 levee mtg mins (below MOPR's same mins).  Unlike copies to others, I noticed days later that mine did not include the 8/31/04 Projected Shortages doc.  I drove to the VP Library & paid 20 cents each for copies I'd made including the 8/31/04 Projected Shortages doc (on Docs Page), & also DC's 9/21/04 Levee Progress Report (below).  When available & obtained, the City's 9/21/04 Levee Cmsn mtg mins will also be added below. 


This note is in lieu of continually inserting initials, ques marks & blank underscoring below where starting in section 7, talking together indec at one end of the table were TB, DM, JKB, DS, & oddly EM, but then his usual place over the yrs by CLM, JZ, & TW when present, was unavailable upon his arrival.  I did catch "interest rate" but by the end of section 13 when I thought of my spare tape recorder & placed it by them they stopped.  I don't think they were really trying to be secretive, but it was very distracting & they should have been speaking aloud.


Present:  JKB,  DM,  DS,  BW,  TW,  CLM,  JZ,  DC,  EM,  TB. 


Also Present:  Jim Mitas of Cgsm Akin's office & Vivian Blackman, VP Resident & Business Owner.



9/21/04 LEV - Section  1 of 14  


DC:  (roll call - see above, plus) RW is excused, encumbered.  DM:  KT is excused.  ?: _ _ _ _ _ _ - DC: Ok.  (Pledge allegiance)  Are there any additions or deletions to the agenda?  Hearing none, I need a motion to approve - ?: _ make that motion.  ?:  2nd.  DC:  I have a motion & a 2nd to approve the agenda. 


Uh we rcv'd the mins of the 8/16 - do you wanna hold 'em over to the next time or have you all read 'em & wanna approve 'em or whatever?  ?:  _ _ approval.  DC:  I need a 2nd on the mins.  TB?:  I 2nd.  DC:  I have a motion to approve & a 2nd on the mins.  All in favor - (one aye & none heard opposed)  Ok. 


9/21/04 LEV - Section  2 of 14  


Discussion items for this evening - Item 4B Update - Jim.  JZ:  Well, why don't you talk about const a little bit, Dave, & then I'll talk about money.  DC:  Well, the const is movin' along.  I mean it's just uno - I've got my - you have my report uh the weekly report that we have here & I mean you can see that it's - they're workin' (chuckle) on almost all ends. 


We're about ready to start over in the uh Grand Glaize Det area.  That's all been laid out & approved.  Uh we've uh kind of changed the haul road a little bit.  We'll be using uh - going - uh coming in off of uh down Beckett Memorial, down on the east Vest to uh 3rd St.;  then we'll go north on 3rd St to the uh site & the loaded trucks will come out of the site.  


& we've done some uh put some gravel down & widened the area over there.  & we'll use the extension, what I call Leonard Ave, between those houses on Leonard & between uh Geldback & come out on Beckett Memorial Dr there & then the trucks will proceed straight down uh uh Beckett Memorial to uh St L Ave & over St L Ave to Marshall. 


& we will have a flagman, maybe one or two flagmen, there at the RR tracks & at uh St L & Marshall;  & the trucks will uh go straight across uh Marshall Rd into the site, over the tracks.  We worked uh with uh the RR to add gravel & make the, instead of havin' to make a turn, they now can just go straight into the site thru that old emerg road exit & go right into the thing.  So they will not be usin' uh Marshall Rd uh at this time. 


Uh they may use Marshall Rd uh eventually, but it looks like now they won't be because they'll be usin' their, their big uh, what they call belly-dump trucks & they can't hardly make this turn & go down or make - they, they need to kind of a stright shot.  That's why we're haulin', we're goin' into 3rd St with the empty trucks & comin' out the other way with the full trucks because they, them big uh trailer, belly-dump trucks couldn't make that turn with a full load goin' in there, but they can get in, but the - so that'll probably start - uh it hadn't started this morning.  It could start any time this wk.  We sent a letter to the people in that area uh telling them about what's gonna happen. 


Uh the uh, uh drivers have been in safety instructed to watch for the school buses (someone coughs) _ anything & uh the drivers for ESI are pretty, pretty uh good.  Uh we have uh to keep on the drivers from Simpson that he hires to haul the dirt from the Simpson Plant more or less because they're, they're sort of independent people.  They're, they're just, they're hired by Simpson to do it & we're constantly on 'em.  The police dept uh has been workin' with us to keep the speed down & uh more or less keep them in control.  ESI really doesn't have any, any control over them, but uh we haven't had but one complaint & that was taken care of.  It was sort of a misunderstanding with what was goin' on but that was taken care of.


Uh Marshall Rd is closed, probably you all know that, uh both ends of Marshall Rd from down at uh, uh St L Ave & at 10th St.  BW:  Now that'll be closed forever more?  DC: That'll be closed forever more, ever more.  Uh Pyramid is closed at uh Kena or before Kena uh & that will be closed.  Uh eventually when we are open tho, we'll get back to the fact when the levee is done & we open those or leave the roads closed. 


Marshall Rd will probably be closed forever uh east of 10th St;  it will be.  & we - there are some kind of plans in the work we're thinkin' about instead of havin' Marshall open up to Kena, that we'll close Marshall Rd like we did Kena & uh open Pyramid to Kena for access to the uh, uh boat ramp because it may be easier than uno havin' 2 streets down there;  one of 'em, one of 'em blockaded off & the other one just to the levee or to the Lions' Club, but uh we - that, that has - that isn't set.  We'll, we'll work on that when the time comes, once the levee is done.  But this is the way it'll be set up until, until the levee is finished & then we'll decide on how we're going to do that. 


9/21/04 LEV - Section  3 of 14  


Uh we are just about gettin' ready to finish up in Beckett's Plaza.  There's a few things up there.  Uh the uh headwall & the rip-rap up there, there's still some uh thing in eng'g that they're tryin' to decide on what they're going to do up there;  but that should be within the next wk.  I think, Eric, you got a mtg up there one day or something this wk.  EM:  He said 6 wks before they could start paving, so I'm assuming that's - DC:  Ok, well, I, yeah, I don't know what that -  EM:  We had the mtg this morning.  DC: & uh I knew you were gonna have one, ok. 


So uh uh other than that, I mean we're startin' on the uh probably start on the 141 gravity drain at any time once the uh uh 3rd St is uh comin' along I mean & the levee is just - uno there's - lucky we're gettin' some more good weather & we're haulin' dirt outta Simpson just like crazy just so we can haul & get it outta there & everything.  So it's movin' along I mean. 


CLM:  Still look like we're gonna have enough material that we bought from Simpson?  DC: Uh yeah I think they're gonna have enough material.  We've got a little bit uh, uh random fill.   We're gonna have a little bit more than we actually need, but we'll, we'll be able to get rid of that.  & uh - CLM:  Good dirt.  DC:  I mean they're -


9/21/04 LEV - Section  4 of 14 


BW:  Right west of 141 (in AL area), they've got the levee almost way up there that the road goin' along, & the side of 141 that goes underneath 141, that's gonna get covered up there?  DC:  141?  Old Mer Sta Rd?  BW:  Yeah, I guess it would be.  Yeah, the Old Mer Sta(/River) Rd.  DC:  Yeah, it'll be closed.  It'll be done; there won't be any access there.  BW:  There won't be any access there at all? 


JZ:  Just the emerg access road - DC:  There'll be emerg access road - JZ:  comin' up & over the levee.  BW:  Oh at that point, there'll be one.  JZ:  There'll be a ramp up & over the, the levee there.  BW:  Well, it'll - (people will?) be able to go what, west from there?  You wouldn't be able to go east from there because - JZ:  Well, I'm just, just emerg vehicles will be - DC:  Just emerg vehicles.  JZ:  It's a ramp - DC:  There'll be a gate on that.  JZ:  Let's say you're comin' from -  BW:  Yeah, I realize that.  I mean it's an emerg vehicle, but - JZ:  Yeah.


 BW:  isn't part of the uh bridge abutmt plan on there gonna be the levee?  CLM?:  (whispering) _ _ yeah _ _ - BW:  Are you gonna put a levee in front of it?  JZ:  No, there - it's really abutting into the hwy embankmt just - DC: _ _ - JZ:  just landward of the bridge abutmt so you can still get under the bridge the same way you - DC:  The road will be under the bridge.  BW:  Oh! 


DC:  Yeah, see on the east side of that then there'll be like a concrete wall behind the uh Meramec Plaza.  It'll be a levee, but it'll be, there'll be a concrete wall up there.  That's that piling _ -  BW:  _ _ out there, yeah, _ _ - DM:  Is that that piling stickin' up?  That's part of that - (up or off?) the road going - DC:  Yeah, well it, it ties in there to the (pause) - DM:  Ok.


BW:  How tall is that gonna be behind the, the plaza there?  DC:  Top of the levee;  I mean 436.  BW:  Well, I mean relative to the plaza structures.  Is this gonna be taller than the bldgs in the plaza?  JZ:  No.  DC:  No, no, no.  ?:  No, no - TW:  It's not much taller - JZ:  A few ft - TW:  than that parking lot.  BW:  The driving area?  TW:  About 3 or 4' above - DC:  3 or 4' above - TW:  the parking lot, the back alleyway. 


JZ:  It's just a concrete wall back there - TW: Yeah. JZ:  right along the back edge of the parking lot.   BW:  Yeah, that won't be too bad at all then.  DC:  No.  TW:  No, it's just gonna look like a retaining wall -  BW:  Yeah.  TW:  which is what it is.  DC:  So - TW:  Beefed-up retaining wall. JZ:  Yeah.  (BW chuckles)  DC:  It's uh it's movin' along.  I mean (chuckle) they uh (pause) -


9/21/04 LEV - Section  5 of 14  


JZ:  Want me to talk about the money a little bit?  DC:  Yeah, I don't - I mean they're movin' along;  they ain't gettin' paid but they're movin' along.  (BW chuckles)  JZ:  Uh, David, attached to the uh to the mins uh a sheet that's dated 8/31 (see MOPR Docs, 8/31/04 Projected Shortage...) uno that describes the funding situation that was - that sheet was handed out uh at a, at a briefing for Jim Mitas & Loren uh Ellis back on 8/31.  & so that's, that's when that was prepared.  & it's similar - the situation is still very similar;  uh a few, a few things have to be updated. 


Uh if you look at this sheet dated today, 9/21/04 (see MOPR Docs, 9/21/04 Shortage...), uh the 1st section deals with the FY 04 situation, our current FY which ends in, in a few days on 9/30, ok.  Thru Aug, we have paid the contractor $1,322,800 & that, that other $22,800 is, is the sponsor's money that they paid us for little bit of - they paid the contractor directly for some sanitary sewer relocation work. 


Unpaid billings is the next list there & you just see the, the exact #'s thru April, May, June, July & in Aug the contractor uh billed us uh 1, $1,511K.  Uno we had forecasted that it would be at $1,500K so it's right on the money.  & uh well he had actually told us what, uno, what it would be roughly.  Uh now uh we had forecasted back in uh in late Aug, that it would, he would earn uh 1M3 in Sept.  The contractor's now telling us just yesterday, that he expects to earn 1M4 in Sept;  uh it's been a good month (chuckle).


& so uno the approx interest earned of $30K, that's really based on a sheet that I had way back uno a few months ago & that sheet showed the $24K interest being earned based on a certain projected earnings & the contractor's earned more than, more than uh we had projected at that time & the interest rate's gone up in July from 4% to 4.5%.  So that $30K is just a, a rough guess.  There's no - uh I know it's higher than the 24K;  I just figure it's probably about 30K. 


& uh we have, the next couple of #'s down, um fed VP project funds moved into the contract. When we, when we got our fed money for, for our current FY, we set aside so much money to be put in the contract & we set aside so much money to pay for const mgmt, eng'g during const & things like project mgmt.  Well, it turns out we had about $80K more in our labor efforts est than we needed, so we're moving that money into the contract;  so that's 80K.  It was already in the project but it's being moved into the const contract, ok. 


Also, we have transferred $200K into our VP project from a different project.  So that's new money to the project & uh that - CLM:  Which is a payback from - JZ:  Which is  - CLM:  a few yrs ago - JZ:  Uno I don't really know - CLM: _ not talkin' about the dollar amt - JZ:  I don't really know - CLM:  but it shows - JZ: uno if they know where it came - CLM:  it shows the Dist's honorable intent to transfer the money back in that we agreed you could transfer it out. 


JZ:  Yeah, it's, it's some money that we were able to transfer in from a different project;  200K, it's, it's in there, sitting there.  We're ready to do uh uno a funding mod in the contract & add 280K or more to uh to pay the contractor.  They're, they're still looking for pieces of money in different places.  There may be some more money added in hopefully, but not a great deal more;  a few more 10's of K's maybe.  CLM:  From within the dist.  JZ:  From within the dist, right.  CLM:  & the division doesn't have -


JZ:  & now uno as far as I know uno this # is pretty close to being accurate so I think it's just fine to, to discuss it here.  That leaves uh a projected - in just subtracting out that money, leaves a projected debt to the contractor at the end of the FY of $6,445K.  & I just rounded that to $6,400K!  So it's 45K less uno rounded.  & if we get some more money transferred in, uno maybe that'll even be closer to the rounded #.  So of the $6,400K, I'm saying that we need fed funds uno within a few days (chuckle), $6M, basically needed within a few days


Uhh & if we got that money we would be able to ask the city for cash contributions that are appropriate for having $6M coming in plus the 200K I mentioned that we transferred in from another project involved 6,200K.  Uno if you do the cash contribution computations, it comes out to be a little bit less than 400K but I rounded it to 400K so it could be in round #'s. 


& uh I will say uno the last #'s that we provided to CLM & to cgsm's office & so forth said we, we need 6,300K.  Now we've transferred in uno close to 300K.   Uno if, if we get 6 - if someone says oh my gosh, we, we, we're givin' ya $6,300K, that will be just fine, ok(chuckle)  We can, we can accrue that money uh because uno we really won't have the sponsor's money by 9/30. 


When, when we finally get, if we get the $6M or, or 6M3, we'll go to the city & we'll ask you for a matching cash contribution.  There's no way the city can provide it by the end of Sept 'cause they have to go to the BOA & the new money would be coming in Oct & by the time we get into Oct, the contractor's gonna be earning money in Oct.  We'll get a bill for, for his Sept earnings & uno we'll be able to accrue that full amt of fed money that comes to us whether it's 6M3 or whether it's $6M uno, either way.


9/21/04 LEV - Section  6 of 14  


CLM:  If I could interject now - now's a good time, Jim?  JZ:  Yeah.  CLM:  Uh based on info we've been provided about the COE's shortcomings, we learned uh independently that uh about uh a little over a month ago that there was going to be made available to the hdqtrs in Washington, about $40M in surplus funds that could be transferred to other projects thruout the COE.  We uh informed a, our delegation in DC uh that this money was about to be made available to the Chief's office & that we felt that it would be very uh very timely I think 'cause that there needs to be known to the hdqtrs uh in Wash & the specific individual in the Chief of Engs' office, that the, that VP was a very logical, highly-deserving place to put as much money up to 6.3M of that $40M. 


& uh more recently, we've learned that as time passed on & dists thruout the country became more aware as the end of the FY approaches as it always does, I think were sitting there with more money which they knew they had a month ago but they thought maybe they could get rid of it.  Now they're getting more nervous 'cause they don't think they can get rid of it. 


So they're reporting more money thru the Div hdqtrs to the Wash ofc hdqtrs.  & we think now the Dist is up around $400M of which about 300M+ is in const general monies which is the type of monies that we need transferred in to VP's project.  & we've passed the word to the appropriate people in the Senate side this time 'cause that's where the action is right now, but we will be uno going - Mr Akin's office also where they send out so they can get, can take (the mission?) down. 


JMitas:  It's 400M?!  400M you say that was _ - CLM:  400M total.  & he didn't have a - he couldn't get a breakout of how much of that was const general - that's the only kind we can use.  JMitas:  Ok _.  (A bit later in the mtg, CLM went over & spoke privately with JMitas for a couple mins.)  CLM:  But that we think that at least 300M _ _ _ _ _ const general funds.


JMitas: That is NOT yet - DM:  That's left over this current FY you're saying, right?  CLM:  That's for - those are fiscal 04 funds that were aprop'd & - BW:  Not used - CLM:  passed out - DM: _ _ -  CLM:  to, to the COE Dists.  DM:  So Mr. Mitas can go to Cgsm Akin & say 6.3M would be a nice uh - CLM:  No, no Congress can't do it.  It has to be done - DM:  Oh, Congress does. 


CLM:  uh the Congress has delegated authy to the COE - TW?:  That's within the COE.  DM:  Oh, ok.  CLM:  to, to reprogram those funds.  & what we've done is we've provided info 6 wks ago to our, to Todd Akin's office & to Bond & Talent's office that uno this 40M pop is about to be made available - nobody knew at the time it was going to be but it, it was about to be - & of that 40M available, we would uh think that uh if they were to encourage a certain person in the Chief's office that might be in a position to decide where that money's gonna go, that 6.3M could be easily used & very well & highly deserved at VP.  & uh that's was in the mill & we learned that now at the last min, as always happens, add'l funds become available. 


What happens is sometimes the dists over-est the amt of money that the contractor could earn uh for a lot of reasons;  uh a labor strike, bad weather, disasters, uh uno who knows, things that happen & that's not unusual.  & this is not an unusual amt of money.  What's unusual this yr is, normally, there aren't that many projects that the contractors working that aren't being paid.  This yr there're a quite a few projects right within, Jim just told me the Mississippi Valley Div, uh where contractors are working on projects & haven't been paid.  So uno we're not the only ones out there that can say, hey, uno what, we got a guy workin' that's not being paid, so let's pay him. 


There are other projects like that too, but we've made the case to our delegation to give them the ammunition that they need to make an argumt uh with the COE Hdqtrs in Wash as I'm sure other members of Congress are making also.  We're just hopeful that, that uh our argumt & our delegation will be more uh persuasive than perhaps other will be.  As of right now we, we don't have uh we don't know what, what the status is, but uh I'm very hopeful that we're going to get a good chunk of money transferred in from that 300 or $400M. 


BW: This 6, 3 or 6M or 6, 4, whatever # it is, is that the balance needed?  CLM:  No, they, they figured 6 is - JZ:  That's what we put - that's - CLM:  is the current balance that'll be needed as, as long - BW:  For the FY?  CLM:  as of the end of 9/30, the end of the FY.  We asked 6 wks ago for 6.3M 'cause at the time it looked like before the dist _ - BW:  Now - CLM: _ money in.  BW:  in, in 05, we're gonna need some more money. 


JZ:  Yep, absolutely.  CLM:  Yeah, about another 7M & one of the argumts we made - BW:  Can't squeeze another 7M (chuckling)?  JZ:  No, I mean you, you have to deal with 05 in 05.  CLM:   Yeah, separate.  But one of the argumts we're making is from our cong'l delegation's viewpoint, we're saying if we don't get any money transferred in, we need another 13.6M in 05.  BW:  Right.  CLM:  & we're asking them to go to the Aprops Subcmtes & try to get that amt.  The President's only asked for a little over 2M so that's a helluva big extra amt for them to be askin' for;  uno that's tough!  But if we go to them & say, uno what, if we get 6.3M transferred in, then you only have to go to the Aprops Subcmtes & ask for another $5+M instead of 13.6M which is a little bit - BW&CLM:  easier to swallow, yeah. 


CLM:  So & from the COE's viewpoint, it, it makes them look like - BW:  But the 6M would pay the 05 balance - JZ:  Yeah - BW:  balance - JZ:  Yeah - BW:  balance 05 out - JZ:  once we -  BW:  or 04?  JZ:  once we get the - BW:  FY 04?  JZ:  sponsor's 400K - The 6.4M is what is - CLM:  That'll - JZ:  What we - CLM:  that will pay off the contractor - JZ:  what we owe the contractor for his work in FY04 _ _ - CLM:  Then we're startin' with a fresh slate for 05. 


JZ:  Yeah.  Uh just from my standpoint, I, I've seen a few things.  Um one, one is that there are some rules out there about uh in order to transfer any money into - in order to transfer certain amts of money into the any project, you have to go back to the Cmte of Congress to get their blessing.  CLM:  That's right - aprops subcmte.  JZ:  So I'm just letting uno that.  That's, that's something that's out there as far as a rule that has to be followed, set by Congress. 


Uh & on the other hand, I haven't heard anything down at my level about monies being transferred in, big money - CLM:  I, I have - JZ:  like what's being transferred in - CLM:  I have no feedback at all - JZ:  to the uh - CLM:  but that's not normal.  JZ:  to the project, so. Obviously - CLM:  Usually this sort of things - JZ:  time is running out - CLM: usually these sort of things are done at the last min.  JZ:  Just let me know (chuckle). 


9/21/04 LEV - Section  7 of 14  


DM:  Does the city owe any of this 30K interest since we're keepin' up with our portion of it?  JZ:  You'll owe, you'll owe interest, you'll owe money on the interest just like as if it's a const dollars.  DM:  So we'll pay 25% of whatever the interest turns out to be?  JZ:  Well, the same - whatever's not LERRDS, uno not, not lands & relocations.  There's a certain %age of cash contribution you will owe for the overall project.  I mean it's, it's like 5 or 6% the way it works out.  DM:  So about 6% of the interest.  JZ:  Right. 


CLM:  I, I'd just like to add one other cmt _ _ & that is that the St L Dist, JZ, uh his boss - DM: (to those at his end of the table) 6% of the whole total _ - CLM:  people - DM: _ _ - CLM:  _ Dist Eng, they've all really been really humpin' to try to get everything transferred into this project in order to get the project completed as quickly as possible & get the contractor paid so - DM:_ _ - CLM: to eliminate any chance that - DM: _ _ _ - CLM:  the contractor might decide to cease & desist work _ _ _ - BW:  Yeah, it -


CLM:  & ALSO, to eliminate - ?: _ _ _ - CLM:  & minimize the chance that div hdqtrs in Wash of course may say, hey uno what, we better terminate this contract now because we don't have enough money to pay contractor.  We've also done some things to try to discourage that attitude (chuckle).  I just say the dist's doin' you'll enjoy yours.  


BW:  So it's really important to get them paid for this 04 so that they - ?: _ _ _ - BW:  they'll continue in 05 & not get paid for the - uno you can't get 2 - JZ:  We hope, we hope - I think - BW:  2 yrs behind.  JZ:  I think they would be much more inclined to continue in 05 if they get paid for 04 (laugh).  BW: Yeah, right;  you're right.  DC: Yes.  JZ:  They definitely wanna be paid!  Uno there's no ques - CLM:  As far as - JZ:  there's no secret about that (laugh).  They do wanna be paid!


CLM:  As far as 05 is concerned, the uh the Senate I was told wks ago, will not take up separate - there's 11 aprops bills haven't been passed out, 13 by the Senate.  & I've been told that they will not take those up for a lot of reasons - pass an omnibus uh continuing resolution that would allow projects to be funded at the same level as they were in fiscal 04;  that they actually wouldn't pass them (without?) '05 aprops bills including energy & water, until sometime in Jan.


& they're not really feeling good 'cause there's been indications just this wk, that the Senate leadership has decided to try to pass at least some of those 11 bills.  So far our bill, energy & water, has not been fed up to the floor.  They're debatin' with 2 other bills have been (sent up?), so they may end up passing our bill before they go home too. 


9/21/04 LEV - Section  8 of 14  


JZ:  Let me just go on to the last part of this page here uh with the FY05 situation.  In the headline uno the heading reads, if no $6M transfer in FY 04.  BW:  So we won't get it.  JZ:   So if, if we don't get this transfer, big transfer - uh underneath there, the contractor will complete the job, that's assuming he completes the job of course, & will have earned the total contract amt + the mods, modifications, & the int.  & I'm just - it's a, it's a guess at what, where we might come out - 14,800K.  


Uno, the contract right now with the mods is about 14.4M as it stands today I think with some mod, mods that have been, have been negotiated.  & so that uno they'll be - I suspect there'll be more mods as we, as we finish the job & there'll be interest & so this is, is an est, 14.8M, ok


We know that we have paymts to the contractor in FY04 we anticipate of aM602 (1,602K) which is, is the M322,000 that's up on the very top of the page + the 200K that we're transferring in & 80K;  that that is - BW: The word _ _ - JZ:  not a fact, a fact that we will pay him for sure aM602. 


9/21/04 LEV - Section  9 of 14  


& then let's talk about the FY05 money, the, the, the new fed money coming in in FY05.  All, all we know at this point in time is the Pres's budget is $2,060K & we know that in, in, in past yrs, they always subtract off before they even give you the money, there's what's called Savings & Slippage.  Last yr it was something like 20%So they subtract off money before they even give that to ya. 


& then we have to pay for our uh const mgmt effort again & our eng'g during const while the contractor continues to finish the job.  Our project mgmt, we have one small job that we've basically promised MDNR for uh for uh env'l mit.  Uno we, we destroyed a wooded wetland while we built a levee over, over by Pharoah Ave & we promised to create this wooded wetland in the Simpson Lake Det area.  So we got some money set aside to do that.


& this - & when we take all that money out, uno I'm just est'g that we may only have about $aM to give to the Env'l Specialists of new FY05 fed dollars.  Again, it's an est;  it could be off by 100K easily.  That means the contractor would still be owed about aM179, 197K, $12,197K, this contractor.  & I'm just sayin' round it to uno 12M.  So the contractor - if we don't get this $6M transfer, this contractor's gonna be owed about 12M bucks is, is the bottom line hereCLM:  & the one thing - JZ:  That has to be paid in FY05!  & interest is gonna keep going until he finally gets paid. 


CLM:  In addition, when he says this is the amt of money that's requird & if we got that money aprop'd, you gotta remember that, as Jim just said, they're gonna take 20 to 25% out for Savings & Slippage, which the dist doesn't get.  So & then they gotta take out their own internal labor costs, mgmt costs. 


So even if we got every penny that we asked for aprop'd, the contractor is probably still gonna end up owed more money when he finishes the job, which is something we work on too (chuckle) for supplemental - JZ:  That would be - CLM:  aprops transferred - JZ:  We're lucky if they're transferred like this time next yr.  CLM:  (chuckling) We're not tellin' people in Congress that;  now you didn't hear anything.  (JZ laughs) 


JMitas:  Well, I was just thinkin' 40M for across, looks like a world, not too bad, but 400M across the world looks like it's just settin' us up for a, a bigger Savings & Slippage uh git if they're uh - of course - CLM:  Uh that's always - JMitas: _ Billions is not that much, but still _ -


CLM: That's all - well, you figure that's, that, that's all, that's always one of the reasons we wanna be psyched when they wanna increase the Savings & Slippage like that.  & one of the things I've never figured out when I was workin' there with the White House & with a wannabe, I've never figured out WHO actually APPROVED that # that OMB came up with.  What'd they have to get White House approval?  & they, well, they just come out with this # & man, that's it!  There's no - can't go back & argue about it.  They take it out & that's it period.  Congress can't do anything about it & the COE can't - it's - we're not the only agency that has that. 


That's why when you see the amt of money that the Congress aprops every yr, then you see what the fed data is without any taxes being collected, those #'s will make you insane because the amt of money that actually gets aprop'd & spent is always less than the amt of money they aprop'd unless you start & they start getting supplemental aprops during the yr.  So it's, it's pretty hard to figure why they do that. 


JKB?:  It's rate wage.  CLM:   I think Jim wishes he'd minored in accounting when he went to college. 


9/21/04 LEV - Section  10 of 14 


JZ:  I'll tell you, it's been - BW:  Is there any way that - JZ:  part of the job.  BW:  that the contractor - ?: _ _ - DC:  Education, right (chuckle)? JZ:  Sorry.  BW:  is gonna earn more than your projected here in 04?  JZ:  In 04 - BW: I mean _ - JZ:  we're pretty close.  BW: gets real pretty weather & all kind - JZ:  I mean we've, he's told us what he's gonna - what he's earning in Sept.  So I mean we're, we're awfully close to having the right #.  BW:  But it won't be any big changes, drastic changes?  JZ:  No, no, no.  DM:  Only about 1.5 wks to go so it - CLM: Well, he -


JZ:  He's projected what he thinks he's gonna earn in Sept;  he said about aM4.  CLM:  This long of a job, he almost knows - JZ:  It'll be uh - CLM: exactly what he's gonna do for the - JZ:  close to that uno.  BW:  Yeah.  CLM:  next 2 to 3 wks.  JZ:  Certainly real close to that.  BW:  Yeah, _ I didn't realize there was - JZ:  Uh - BW:  reserve relief. 


JZ:  One other thing about it, FY05, is that it, it looks to us like there won't be an aprop passed (chuckling) between now & 10/1, uno the actual aprop bill probably won't be passed.  CLM:  Oh no _ - JZ:  So, so we will start the FY - CLM:  Not until Oct.  JZ:  with what's called a continuing resolution which just means that money comes in piecemeal uh & well, & you're limited, typically - well, we don't know the rules for the continuing resolution until they tell us the rules.  But in past yrs uno you're limited to what you had the previous yr & uno you say, how much do you need in the 1st 2 wks or some # like that or the 1st month, & you have to make your est & they give you that much money & you kind of - you go from wk to wk to get your FY - CLM:  Fed gov't - JZ: money.  CLM: is something like a, like a mom & pop store. 


JZ:  So that's another little problem, another problem we're gonna, probably gonna have to deal with in FY05.  CLM:  Well, you did last yr!  JZ:  Yeah.  CLM:  for this yr.  JZ:  Right.  So just be aware of that just to - & um if, if we only get the Million dollars to be able to put in the contract that's just a uno it's you're like can guess, it's only a small dent in what we owe 'em for FY04;  it's probably less than one month's earnings in FY05;  uno he'll probably earn more than a Million Bucks in Oct or Nov or whatever it is.  He's trying to get his um embankmts finished up as much as possible before winter.  Right, Dave?


DC: Yeah!  I mean uno - CLM:  I think he's - DC:  they could sit in & start rainin' - BW:  At what point in time - DC:  & uno we wouldn't be - he wouldn't be makin' any money;  we wouldn't be payin' him;  he'd be uno shut down.  JZ:  It's in our, everybody's interest that he make as rapid progress as possible.  CLM:  Oh yeah.  DC:  Right, that's -


9/21/04 LEV - Section  11 of 14  


BW:  Is there any point in time at some time in the future or now, when there'll be some kind of protection?  JZ:  Yes!  I, I would think it could be coming up, I mean I hate to say it, but it could be coming up in Dec if he really does his embankmt work that he's hoping to do.  BW:  The big idea - the big problem is gonna be the - DC:  The one - BW:  the, the - if it rains?


DC:  the one little thing that's really holdin' up is down & between, on between 10th St & Kena.  We've got that new pump - we put this new lift sta in & they had to move some things around or I think that you would probably see uh that part of the levee started to be tied into the St L Ave Closure Structure uh that's already finished.  Uh they've already dug their inspection trenches but there's some, there's some work's still to be down there, isn't there, Tom, thru - 


TW:  Well, right now the ball's in MSD's court.  DC:  Right, I mean so - TW:  But the fence is put up & BOM is done.  & uh (pause) - DC:  They're relocatin' a pipe or something or puttin' new pipe in down - MSD is, aren't they? 


TW:  Well, no once the pump is turned on - the problem is you can't turn on the pump.  If the city turns on the pump before MSD gives us approval to - DC:  Oh, ok, alright.  TW: & then the city's responsible for the lift sta & the maint.  So we have to wait until they take their sweet time to give us approval of MSD or they won't take over maint.  & we definitely want them to take over the maint. 


& the fence was just put in & that was like the last piece of the puzzle & all we need is the certification with MSD.  As soon as we turn the pump on & the pump's op'g, then we can start demolishing the stuff that's over there now - DC: Right.  TW: & gettin' it out of the way.  DC:  & you'll see them put up - TW:  We've called MSD in traffic - DC:  Right.  TW: & I mean they're out there & they're just takin' their sweet time. 


DC:  I think American, the water co, are they done over on Pyramid?  TW:  I think they're done.  DC?:  I think they were gonna tell 'em. 


9/21/04 LEV - Section  12 of 14  


JZ:  Goin' back to your, your uh cmt or ques, another thing that COULD happen would be that we, we're close enough that we're - if we do have a flood, there's an opportunity to flood-fight.  CLM:  Yeah, man-made closure.  JZ:  Uno there's a few gaps, a small gap - BW:  Oh, they could be potentially filled up to - JZ:  It could be - BW:  temporarily filled or - JZ:  uno where they could fill it with sandbags or filled with whatever & uno - CLM:  cover with dirt & rocks.  JZ:  dirt & uh plastic sheeting & uno.  But we're not there, we're not there YET by any means - BW:  Right, yeah.  JZ:  'cause we've got the entire g/p area. 


BW:  I figured there wouldn't be because you aren't really finished with all the gravity drains - JZ:  But I mean there was - BW:  all the way thru.  JZ:  there, there will become a point in time hopefully - BW:  _ - JZ:  that we'd be close enough to do a flood-fight if it's necessary. 


CLM:  Yeah, this is what they normally - in CV for example, when we asked the COE to do - to, to let them do the uh cl, closure structures, which they're just getting ready to do, we've been raising the levee using TIF funds, so the earthen levee is n - essentially complete & the gates are, are not even started yet - just the opposite of what we did here where we did the gates 1st because of in order to do any of the local work ourselves - & in Chester, CV, we've got LARGE, WIDE openings up to 250' in one case & those, if you have an emerg plan, (we'll?) close those. 


& uh I'm sure that the COE will be working with us when we get closer to it, advising us & giving us help in figurin' out how to devise an Emerg Closure Plan which we REALLY should prepare in writing;  if that happens, a doc that people that would be doin' the work, know who's gonna be tying to do the work & what equip they may require;  identify where the material's coming from, uno, the whole 9 yrds so when we can get the warning that we need to do that in case of a pending flood, everybody is aware of it & maybe even rehearsed by the time we get _ -


BW:  The, you're completion date, the COE's completion date is somewhere in, in - JZ:  it's like June I think is the official date.  BW:  Middle of next yr or thereabouts?  CLM:  June.  BW:  That completion is - I mean the contractor's walkin' away & everybody's -  JZ:  Yeah.  BW:  we're cuttin' grass - JZ: Right.  BW:  & uh it's totally, completely done - the finishing & polishing shall we call it, of it uno, sewing the grass & all that kinda - how long does that take or what is the COE's est uno of, does it take a month to shine it all up & pick up all the pieces? 


JZ:  Uno, there's 2, 2 periods of time when they can plant grass;  uno uh - DC:  We missed that.  JZ:  in the Fall & Spring. (JZ & BW laugh)  DC:  We, we've just about missed that;  we'll miss that;   they won't get to seed it.  BW:  No, I _ _ _ - JZ: _ _ - DC:  So it'll be Springtime - JZ:  Springtime.  DC:  before the grass is actually put on it & everything else, but I mean - JZ:  Yeah. 


BW:  So I'm, what I'm building up to, at, at what point, the COE's projection - now I know that's different from the contractor's projection of, of completion & so forth - what, at what point it will really be completed & then it's just putting the finishing touches on?  JZ:  What, what point does it provide flood protection is what you're - BW:  Yeah, uno really flood protection without _ _ _ - 


JZ: I guess we haven't sat down & tried to figure that out yet.  BW:  Oh ok, I, I was just curi - uno I'm - CLM:  When you talk - JZ:  I, I'm just said maybe Dec, uno, that's just off the top - CLM: _ - JZ:  of my head as far as actually having enough embankmt in place to - if the contractor's uno able to continue & he has good weather & he - CLM:  Oh yeah.  JZ:  intends to finish his embankmt before Winter sets in, then you would think we would be in - DC:  They're work - JZ:  pretty good shape for, for flood protection if we have a flood-fight effort that corresponds -


CLM:  If you're thinkin' of June, he would've finished the final grading;  it's for seeded, mulched, everything - BW:  All done, yeah.  CLM:  Maybe all the grass hadn't been fortified yet, but he's still responsible.  BW:  But I mean we're talkin' about COE productions & uno not the contractor predictions or is this contractor predictions?  JZ:  Which, which (one able?)?  ?: _ - DC:  2005.  BW:  2005 _ - 


CLM:  COE projection is based on what the contractors tell 'em.  JZ:  It's the Ju, the June, 05 basis.  CLM:  June basis -  BW:  & that, that's the time the contrator is agreeing that they'll - JZ:  That's their schedule.  TW:  Yeah.  JZ:  That's what they - TW:  & we have weekly mtgs. 


BW:  Yeah, I, I was, I was under the impression that they were runnin' ahead of schedule.  DC:  They could be.  CLM:  Oh, they are!  The schedule just goes thru the next FY.  DC:  The thing of it is, is where, where we have - JZ:  But there's other things that uno like - DC: where you have - JZ: like we said, you gotta plant the grass, you gotta make sure it's come, it comes up.  CLM:  _ _ - JZ:  & it gets approved.  So there - CLM: (whispering) _ _ _ - JZ:  there's, there's small efforts out there.  There's small efforts out there. 


TW:  Bring on weather in Nov & it all could come to a screeching halt.  CLM:  Dec too.  BW:  Oh, easily!  JZ:  Yeah.  BW:  Easily because that zero cold, why uno - JMitas:  & Oct, if it breaks.  JZ:  Yeah, if we have a wet - even if you have a lot of rain in Oct & - ?: _ _ - JZ:  maybe - DC: _ _ _ - JZ:  it does come to a halt & - ?: _ _ -  


9/21/04 LEV - Section  13 of 14


DC:  We had a wet, we had a wet early Spring & where they didn't do very much work at all.  I mean it was really slow.  I mean they - some days, they only had about 4 or 5 days I think in the month of May that they actually worked.  (unpaid earnings/billings:  4/04, $597,515;  5/04, $537,053;  6/04, 949,680;  7/04, 1,699,483;  8/04, 1,511,462) 


But uno when they get the dry weather, that's uno - if we get a nice Winter where it'd be a mild Winter & we could haul dirt all yr up until say Dec or something like that & get it, why we'd be uno - BW:  Hog heaven (laugh)


DC: Oh, yeah, I mean uno you'd be - see, the part of it is, between the g/p - in the g/p area they really haven't done much except they built their out, er their structures, the gravity drains & things like that 3rd St & they're still workin on the one at 141.  But once those are done & we tie 'em all in, then they can start goin' & bldg this levee in there;  they'll have all the material ground up & everything like that so it's - they've been - CLM:  That was _ - DC:  using that as their staging area for this uh eng'd fill.


But once that's done & they tie it into St L Ave I mean it, it doesn't take - BW:  It won't take long to pile dirt up.  DC:  It don't take'em very long to start building up (chuckling), building up dirt in that little part, that section down there between Pyramid & uh the St L Ave Closure Structure is uno that isn't very much work for them. 


BW:  I was amazed, west of 141 (AL), every day I drive by that - 2' higher, 2' higher.  Boy!  When they gonna quit!  How high they gonna go!   Uno that - DC:  We haven't had rain - BW:  Yeah, it's been - DC:  uno we haven't had rain for a couple, 3 wks _ _ - (chuckle)  BW:  oh, long -  


9/21/04 LEV - Section  14 of 14


DC:  Ok, I have one thing here from - I forgot to add this - uh I guess we've talked about the cost share & the fed sponsor & everything - so I missed this here uh, uh Item uh 7D, MM would like to talk about the levee. 


MM:  Um I had rcv'd approval from DM at a bd mtg to rcv copies of all the hand-outs.  & Eric gave me copies of what he had, so I wanted to see if I could get the other copies.  DC:  You wanna give her the FY, that report that, that Jim just gave us?  DM:  Yeah, we can give it.  That's public info I would think _ - EM:  That's fine.  (DM hands me a copy) MM:  Is this the only other page?  DC:  That's it;  that's all I had.  MM:  I got what Eric had.  DC:  Ok, that's it.  DM?: _ _ -


MM:  & then uh while some others were talkin', I think down here, somebody said something about the int rate.  Is the interest rate monthly or by the year -  CLM:  It's an annual interest rate but it's paid _ _ _ _ period of time that's it's earned.  MM:  It's what?  CLM:  It's if you earn so much money in one month, they take 1/12 of the annual rate - just like you do if you borrowed money on your house (or something?).  MM:  Ok, tks. 


JMitas:  Believe right now, I've heard the fed was supposed to vote to pay, uh raise it uh - BW:  Add'l - JMitas:  no, at the scalp rate so with that as of a particular date, it - JZ:  No, there's a certain - JMitas:  increase - JZ:  Yeah, there's, there's a, it's specified in the contract where - DM: _ _ quarter of a %.  JZ:  the interest is based on, so it could, it could go up;  I don't, I don't know the exact rules. 


(DM & the others talk mostly indec in the bkgd again thruout this & the next parag) JMitas:  But if it, today's int rate would not apply, the directive then for the whole yr you'd be takin' whatever int rate is at THAT TIME for - BW:  For that month, yeah.  JMitas:  Yeah, Todd -


CLM:  I'm not sure that the rate that Congress indicated - DM:  (bkgd) It might be in there, I - CLM:  the COE has to tie it to in their contracts - TB?:  (bkgd) Try to just call him & ask him.  CLM:  is the same as (American failure as is?).  DM:  (bkgd) Maybe I'll call him.  I've got his phone #.  CLM:  I think it's a - JZ:  I don't think - CLM:  different game.  JZ:  it is.  CLM:  It COULD have an INFLUENCE on the way with that - JZ:  Yeah.  CLM:  but I don't think it's the same money. 


DC:  Ok, next Lev Cmsn mtg will be 10/18/04, same place, same time.  Motion to adjourn?  ?:  _ _ - BW:  2nd.  DC:  I have amotion & a 2nd to adjourn;  all in favor - (ayes)  Very good.  BW:  Now is that gonna be on a Monday?  Next mtg - DC:  I think it is;  I really, I, I - BW: _ _ _ - DC:  That's the - (they laugh)  DC: That's the 3rd Mon of the month, but uno the Ald, they change their - CLM:  We'll walk by then.  JZ:  We'll know within 2 wks!  ?:  Yeah.  DC:  Sometimes them guys uno, uno - BW:  They don't know (he laughs).  (people disburse - end of mtg)






TO:  Mayor, VP Levee Cmsn, City Atty & BOA

SUBJECT:  Progress/Coordination Report on Item IV-B (Phase III):


Wk of 8/9/04:  ESI continues with waste excavation, crushing & the blending of the eng'd fill material.  They continue to work the levee:  from Sta 40+00 to Sta 52+00;  from Sta 72+00 to Sta 98+00;  from Sta 34+60 to Sta 38+00;  & in the AL Area Sta 26+00 to Sta 32+00.  They also continue to haul levee material from Simpson Lake Det area & from Simpson Material.  Loana will continue working on the headwall for the Outlet Structure into the Fishpot Det area. 


Wk of 8/16/04:  ESI continues with concrete excavation, crushing & the blending of the eng'd fill material.  They continue to work the levee fill:  from Sta 26+00 to Sta 32+00;  from Sta 40+00 to Sta 52+00;  & from Sta 67+00 to Sta 98+00.  They also continue to haul levee material from Simpson Lake Det area & from Simpson Material.  Loana & Jacobsmeyer continue to work on the headwall for the Outlet Structure into the Fishpot Det area & at Junction Box 1 (between Mer Sta Rd Hwy 141 at Beckett Plaza.)


Wk of 8/23/04:  ESI continues with waste concrete excavation, crushing & the blending of the eng'd fill material.  They continue to work the levee fill:  from Sta 26+00 to Sta 32+00;  from Sta 40+00 to Sta 52+00;  & from Sta 67+00 to Sta 98+00.  They also continue to haul levee fill material from Simpson Lake Det area & from Simpson Material.  They have dug inspection trenches from Sta 98+00 to Sta 99+20 & from Sta 99+60 to Sta 102+00.  Loana & Jacobsmeyer continue to work 54" gravity drain at Beckett Plaza.  Sub-contractor Kelpe started the rip-rap, bedding & C-stone at the 141 gravity drain.


Progress/Coordination Report on Item IV-B (Phase III)


Page 2


Wk of 8/30/04:  ESI continues with waste concrete excavation, crushing & the blending of the eng'd fill material.  They continue to work the levee fill:  from Sta 26+00 to Sta 32+00;  from Sta 40+00 to Sta 52+00;  & from Sta 67+00 to Sta 98+00.  They also continue to haul levee fill material from Simpson Lake Det area & from Simpson Material.  They also started installing sheet piling behind Mer Valley Plaza.  Loana continues to work on the 3rd St gravity drain & on the 60" RCP gravity drain from Pharoah west to Det area "D" behind the business on the south of Marshall Rd from 7th St to 9th St.  Jacobsmeyer (JMC) continues to work on 54" gravity drain at the Beckett Plaza.  Kelpe completed placing the rip-rap, bedding & C-stone at the 141 gravity drain Outlet Structure. 


Wk of 9/6/04:  ESI continues with waste concrete excavation, crushing & the blending of the eng'd fill material.  They continue to work the levee fill:  from Sta 26+00 to Sta 32+00;  from Sta 40+00 to Sta 52+00;  & from Sta 67+00 to Sta 98+00.  They also continue to haul levee fill material from Simpson Lake Det area & from Simpson Material.  They completed installing the sheet piling behind Mer Valley Plaza.  Loana continues to work on the 60" RCP gravity drain from Pharoah west to Det area "D" behind the business on the south of Marshall Rd from 7th St to 9th Sts.  JMC continues to work on 54" gravity drain at Beckett Plaza.


Submitted by Dave Cusack, Levee Project Coordr/Consultant [not signed]