HomeMy Public PortalAbout1672nd Board Journal 6-8-20231
JOURNAL OF THE 1672nd MEETING OF THE BOARD OF TRUSTEES
METROPOLITAN ST. LOUIS SEWER DISTRICT
June 8, 2023
BOARD OF TRUSTEES MSD STAFF PRESENT
A. Fehr, Chair T. Snoke, Secretary-Treasurer
R. Wilson, Co-Chair S. Myers, General Counsel
G. Nicozisin R. Unverferth, Director of Engineering
M. Evans M. Gee, Director of Finance
B. Watson - absent T. Coleman, Director of Human Resources
B. Wahby D. Kiveric, Asst. Dir of Human Resources
G. Kienstra, Director of Information Technology
S. Stone, Public Affairs Specialist
T. Loretta, Audit Administrator
W. Comello, Executive Assistant, Scribe
MEMBERS OF THE PUBLIC
Ernie Trakas, St. Louis County Council Tom Sullivan
Trustee Fehr called the meeting to order at approximately 5:08 p.m. Roll call was taken, Trustees Fehr, Wilson, Evans, and Wahby were present. Trustee Watson was absent. Trustee Nicozisin was delayed and arrived during the Report of the Board Committees.
Trustee Fehr asked for the approval of the preceding meeting journal: May 11, 2023, (1671st) Board Meeting. Motion
was made by Trustee Evans and seconded by Trustee Wahby; all Trustees in attendance approved the motion.
Comments by Board Chair: None
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Report of The Board Committees:
2023 AD HOC BOARD COMMITTEE REPORT
The 2023 Ad Hoc Board Committee met on May 15, 2023, at 5:41 p.m. The meeting was attended by all the members of the 2023 Ad Hoc Board Committee: Chairperson Fehr, Trustees Wilson, Evans, and Wahby. Staff in attendance were Executive Director, Brian Hoelscher and HR Director, Tracey Coleman.
Chairperson Fehr called Roll and had no further comments.
There were no minutes to approve.
The agenda items were as follows:
CLOSED SESSION - At approximately 5:42 p.m., Chairperson Fehr requested a motion to move into Closed Session to discuss Personnel Actions Under Section 610.021(3), RSMo. 1988 Supp. Trustee Wahby motioned, and Trustee Evans seconded the motion; roll call of all Trustees in attendance approved the motion.
At approximately 6:54 p.m., Chairperson Fehr requested a motion to end Closed Session and return to Open Session. Trustee Wahby motioned, and Trustee Evans seconded the motion; roll call of all Trustees in attendance approved the motion.
ADJOURNMENT – Trustee Fehr adjourned the meeting at 6:54 p.m. The next Committee meeting is tentatively scheduled for June 20, 2023 at 7 a.m.
This concludes the 2023 Ad Hoc Board Committee Comments Report.
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PROGRAM MANAGEMENT COMMITTEE REPORTS
The Program Management Committee met on May 25, 2023 at 5:37 p.m. The meeting was attended by Trustees Nicozisin, Wilson, Evans and Fehr; with Trustee Wahby and Watson online.
Chairperson Nicozisin called roll and had no further comments.
A special meeting of the Program Management Committee was held to discuss proposed Ordinance 16090
currently being held for adoption. The ordinance for the Bissell & Lemay WWTF Fluidized Bed Incinerator project will provide for the initial appropriation of One Hundred and One Million Dollars ($101,000,000.00) and a total appropriation of Nine Hundred Million Dollars ($900,000,000) for the project, and authorize a Design-Build contract with Kokosing/Plocher, LLC.
Engineering staff provided a presentation on the project. Director of Engineering Rich Unverferth discussed project details and timelines leading up to the Ordinance request.
Jay Hoskins, Assistant Director of Engineering then discussed how staff arrived at the solution to replace the existing multiple hearth incineration process with new fluidized bed incineration technology. Jay discussed both
current operations and regulations as well as future regulations impacting decisions.
Brad Nevois, Assistant Director of Engineering then reviewed the districts procurement process for the contract,
and reviewed circumstances impacting the escalation in costs on the project.
Bret Berthold, Director of Operations concluded the presentation with staff’s recommendation to proceed with
contract authorization and appropriation for the Bissell & Lemay WWTF Fluidized Bed Incinerator project.
Shonnah Paredes, Manager of Diversity then provided information regarding the MWBE sub-contractor evaluation
for the project and responses to public inquiries and questions regarding the review.
Staff entertained and answered question from the Board during and after the presentations.
The next Committee meeting is tentatively scheduled for May 30, 2023. The meeting was adjourned at 6:50 p.m.
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The Program Management Committee met on May 30, 2023, at 7:05 a.m. The meeting was attended by Trustees Nicozisin, Evans, and Wilson; with Trustee Fehr online.
Chairperson Nicozisin called roll and had no further comments.
The minutes of the May 2, 2023, Program Management meeting were approved.
The agenda items to be introduced tonight were presented and discussed, including a detailed discussion regarding the following items:
Ordinance Number 16145 – Staff provided details of a CSO Volume Reduction Green Infrastructure Grant being awarded to reduce combined sewer overflows to the Mississippi River per the Consent Decree. Staff provided details of the grant being awarded to 1501 Washington Ave, LLC for volume reducing improvement.
Ordinance No. 16146 – St. George Creek Sanitary Relief – Staff discussed this unplanned supplemental
appropriation of $100,000 to an existing project being constructed by Keeley Construction Group. This supplemental request is required to complete the construction due to additional costs for class A rock excavation
and additional pavement requirements requested by St. Louis County Highway.
Ordinance No. 16149 - Staff requested appropriation for funding the annual fiscal year 2024 Wastewater Infrastructure Repair Program. Staff then gave an update on the MWBE participation for the fiscal year 2023.
Ordinance Numbers 16150 - Staff reviewed the details of the Gravois Creek Sanitary Relief project currently in
easement acquisition. Staff has been unable to obtain all necessary property rights through negotiation. Staff is requesting authorization from the Board to move forward with condemnation efforts on five parcels to allow the projects to remain on schedule. The project schedules are critical to ensure compliance with the District’s Consent Decree.
The next Committee meeting is tentatively scheduled for July 5, 2023. The meeting was adjourned at 7:16 a.m.
This concludes the Program Management Board Comments Report.
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FINANCE COMMITTEE REPORT
The May 30 Finance Committee Report that was read into the record at the Board meeting contained a scrivener’s error that did not correctly reflect the pension report provided by Aon. The corrected report is included in this Journal.
The Finance Committee met on May 30, 2023, at 7:26 a.m. The meeting was attended by Trustees Wilson,
Evans, Nicozisin with Trustees Fehr & Watson online.
Chairperson Evans called roll and had no further comments.
The minutes of the May 2, 2023, Finance Committee meeting were approved.
The first item on the agenda was the Quarterly Pension Review presentation by Mike Comstock of AON. Mike reviewed the investment returns for the Defined Benefit, Defined Contribution and the Deferred Compensation Pension plans for the first quarter of 2023. The total plan assets returned 4.6% in the quarter, exceeding the
policy benchmark of 4.0%. Mike also reviewed the investment management fees associated with the plans and indicated that the District’s fees were less than those charged to its institutional peers.
Next, Secretary- Treasurer Tim Snoke reviewed the District’s Operating Fund Portfolio as of May 25, 2023. Tim indicated that the portfolio is in compliance with the District’s Investment Policy.
The next Committee meeting is tentatively scheduled for Tuesday, July 5, 2023. The meeting was adjourned at 7:41a.m.
This concludes the Finance Committee Board Comments Report.
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STAKEHOLDER RELATIONS COMMITTEE REPORT
The Stakeholder Relations Committee met on May 30, 2023 at 7:43 a.m. The meeting was attended by Chairperson
Wilson, Trustees, Evans and Nicozisin, and on-line were Trustees Fehr and Watson.
Chairperson Wilson called Roll and had no further comments.
The minutes of the May 2, 2023 Stakeholder Relations Committee Meeting were voted on and approved.
The Agenda and Discussion items were as follows:
RESOLUTION NO. 3845 FEDERAL LEGISLATIVE CONSULTING SERVICES - This Resolution authorizes a renewal of the contract with Cardinal Point Partners LLC for Federal Legislative Services for the 4th of 4 option
years.
RESOLUTION NOS. 3841 - 3844 GENERAL LEGAL SERVICES - These Resolutions authorize a renewal of a
contract with Armstrong Teasdale LLP, Rynearson, Suess, Schnurbusch & Champion, LLC, Thompson Coburn LLP, and White Coleman & Associates LLC for General Legal Services.
CLOSED SESSION - At approximately 7:48 a.m., Chairperson Wilson requested a motion to move into Closed Session to discuss Legal, Confidential or Privileged Matters Under Section 610.021(1), RSMo. 1988 Supp., and
Personnel Actions Under Section 610.021(3), RSMo. 1988 Supp. and all Trustees concurred.
At approximately 9:26 a.m., Chairperson Wilson requested a motion to end Closed Session and return to Open
Session and all Trustees concurred.
ADJOURNMENT - The meeting was adjourned at 9:27 a.m. The next Committee meeting is tentatively scheduled for July 5, 2023.
This concludes the Stakeholder Relations Committee Board Comments Report.
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Report of the Executive Director: None
Comments by the Public: Chairperson Fehr announced that St. Louis County Councilman, Ernie Trakas, has requested to address the Board.
“Thank you, Madam Chair, members of the board. I appreciate the opportunity to speak tonight. I also want to thank you for your service. Putting in your agenda. Your job is daunting and grateful that you're
willing to serve. I'm sure with your permission I would like to provide to your administrative assistant, Miss Comello, the original letter I sent you by electronic mail today. Thank you.
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Thank you, Madam Chair, also let the record reflect that I provided copies for the other board members.
I'm sure you all know why I'm here tonight to talk about the incinerator project that is under consideration for you currently. I encourage you all to take the time to read the multi-page letter, it is a comprehensive
rebuttal to some of the questions raised by your Public Affairs Manager, Miss McCoy, who I've had communication with, and we've set up some follow up meetings; I'm grateful for that as well. But it is a
comprehensive rebuttal with citations to authority to support some of the representations I made in my May 11 Public Relations release.
I want to just touch on briefly this idea of capture, the concept of capture, explained. You don't know what I'm referring to capture typically which use refers to governmental regulatory agencies responsible for
oversight or regulation. within certain disciplines, whether it's the Environmental Protection Agency, Department of Transportation, Department of Interior. The idea of capture, there's those entities and the
people that work within them, sometimes can be captured, meaning they're unduly influenced by the various entities that are responsible to oversee. The reason I bring that up is the 40th President of the
United States gave us the term ‘trust but verify’. Coupled with the idea of capture, I encourage you to be trusting, but also inquisitive. Make sure you verify representations that have been made to you with respect
to the Ad Hoc Committee and the team. The team that has made this recommendation with respect to the incinerator project, because all too often, it's easy to just defer to those that we think - and I have no doubt
that that they may well be acting in good faith, I just question the conclusions they’ve reached. I encourage
you to read the letter, access the authority site and then determine if you need, as I believe, to look into this
matter much, much deeper.
The letter clearly adds detail to my representations with respect to whether or not the technology
recommended is the best going forward. The environmental impact, the impact of forever chemicals, and the cost; obviously, now three times what it was originally projected to be, and then alternative sources of
funding, all of those are addressed in detail. And I again encourage you to read it, spend some time with it and then make the effort to use independent sources to confirm or at least find out whether or not the
recommendations that are before you are in fact the best way to go forward. I obviously don't do not believe they are. But I think it's important that you determine that yourselves. Now obviously, I'm encouraged by the
idea that you intend to have some committee, I'm sorry, community input from those affected, whether it's
the city of St. Louis or the District I represent in South County, District Six. I mean, we have school districts,
we have residents, all literally next door to your facility. So, any environmental impact is important.
The cost, given in what we're talking about when the County is under a $40 million dollar deficit right now.
When you're talking about a billion dollars, it’s something that needs to be scrutinized. And so, I just ask that you do all that before you come to any conclusions that this matter fully, so that you can make a good faith
informed decision as to what is the best way forward. I respectfully disagree with the recommendation that's
put before you currently and ask that you do your due diligence, make sure that you're fully advised in the
premises before you make any decision. Again, thank you for your time.”
Submission of Public Hearing Report: . Trustee Fehr reported on the “Finding of Fact” Committee
At the Budget, User Charge, Capital Improvement and Replacement and Tax Rate Public Hearing held on May 11, 2023, a Finding of Fact Committee consisting of Trustees Evans, Fehr, and Wahby were appointed to determine that the proposed taxes should be levied, assessed and collected as recommended by staff. The committee members have reviewed the proposed tax rates and concluded that these taxes are necessary to be levied, assessed and collected in the amounts requested to meet the District’s operating and capital requirements of both the District and of the various sub-districts.
The Secretary-Treasurer addressed the Board: The Secretary-Treasurer asked the Trustees if they would like to pull any items for a separate vote within the Consent Agenda. Hearing none, Mr. Snoke then moved forward with the voting for Adoption of Agenda Item Numbers 10 through 42.
CONSENT AGENDA Adoption of Ordinance No. 16111 - CSO Volume Reduction Green Infrastructure – Froebel Literacy Academy Green Schoolyard (13506)
Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an agreement with St. Louis Public School District, for cost sharing for green infrastructure construction in CSO Volume Reduction Green Infrastructure – Froebel Literacy Academy Green Schoolyard (13506) in the City of St. Louis, Missouri.
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Adoption of Ordinance No. 16112 - CSO Volume Reduction Green Infrastructure – Alumnus Gardens (13849)
Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an agreement with Alumnus Gardens, LLC, for cost sharing for green infrastructure construction in CSO Volume Reduction Green Infrastructure – Alumnus Gardens (13849) in the City of St. Louis, Missouri. Adoption of Ordinance No. 16113 - Roxburgh Dr Sanitary Relief (13662) An appropriation of Four Hundred Seventy Thousand Dollars ($470,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer construction in Roxburgh Dr Sanitary Relief (13662) in the City of Clayton, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 22258 with Pace Construction Company, LLC for sanitary sewer construction.
Adoption of Ordinance No. 16114 - Bissell Point WWTF Fine Screen, Concrete and Gate Improvements (12548)
An appropriation of Eighteen Million Dollars ($18,000,000.00) from the Sanitary Replacement Fund to be used for
wastewater treatment plant construction in Bissell Point WWTF Fine Screen, Concrete and Gate Improvements (12548) in the City of St. Louis, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 22260 with Tarlton Corporation for wastewater treatment plant construction.
Adoption of Ordinance No. 16115 - Black Creek - Haddington Court Relief Sewers (11847)
An appropriation of Thirteen Million Dollars ($13,000,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer construction in Black Creek – Haddington Court Relief Sewers (11847) in the Cities of Clayton, Ladue, and University City, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of
The Metropolitan St. Louis Sewer District to enter into Contract No. 22256 with Bates Utility Company, Inc. for sanitary sewer construction.
Adoption of Ordinance No. 16116 - Infrastructure Repairs (Rehabilitation) (2023) Contract C (13720)
An appropriation of Two Million Two Hundred Fifty Thousand Dollars ($2,250,000.00) from the Sanitary Replacement Fund to be used for combined sewer rehabilitation in Infrastructure Repairs (Rehabilitation) (2023) Contract C (13720) in the City of St. Louis, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 22261 with SAK Construction, LLC for combined sewer rehabilitation.
Adoption of Ordinance No. 16117 - Saylesville Sanitary Relief (Saylesville Dr to S Greentrails Dr) (12200)
An appropriation of One Hundred Thousand Dollars ($100,000.00) from the Districtwide Stormwater Fund and
Three Million Eight Hundred Thousand Dollars ($3,800,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer construction in Saylesville Sanitary Relief (Saylesville Dr to S Greentrails Dr) (12200) in the City of Chesterfield, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 22263 with Unnerstall Contracting Company, LLC for sanitary sewer construction. Adoption of Ordinance No. 16118 - Price to Pioneer Sanitary Relief (12368) A supplemental appropriation of Two Million Two Hundred Thousand Dollars ($2,200,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer construction in Price to Pioneer Sanitary Relief (12368) in the Cities of Olivette and Overland, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to appropriate additional funds to Contract No. 22161 with Bates Utility Company, Inc. for sanitary sewer construction. Adoption of Ordinance No. 16119 - MC-02 Watson to Edgar Rd Sanitary Relief (SKME-580A) (10024)
A supplemental appropriation of Five Million Eight Hundred Thousand Dollars ($5,800,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer construction in MC-02 Watson to Edgar Rd Sanitary Relief
(SKME-580A) (10024) in the Cities of Webster Groves and Shrewsbury, and Unincorporated St. Louis County, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis
Sewer District to appropriate additional funds to Contract No. 22164 with Fred M. Luth & Sons, Inc for sanitary sewer construction.
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Adoption of Ordinance No. 16120 - General Services Agreement – Construction Management (2022) (12387)
A supplemental appropriation of Two Million Dollars ($2,000,000.00) from the Sanitary Replacement Fund to be used for general construction management services in General Services Agreement – Construction Management (2022) (12387) in Various Locations within the District; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to amend Contract No. 22086 with KAI 360 Construction Services, LLC for the aforesaid general construction management services. Adoption of Ordinance No. 16122 - Gaslight Square Sewer Improvements Phase II (13516) A supplemental appropriation of One Million Five Hundred Thousand Dollars ($1,500,000.00) from the Sanitary Replacement Fund to be used for design services in Gaslight Square Sewer Improvements Phase II (13516) in the
City of St. Louis, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to appropriate additional funds and to amend Contract No. 21998 with Stantec Consulting Services Inc. for design services. Adoption of Ordinance No. 16123 - Edmundson Sanitary Relief (Edmund Ave to Bataan Dr) (12159) Declaring the necessity for the acquisition of easements and temporary easements in certain real property within The Metropolitan St. Louis Sewer District for the purpose of construction of sewers and related appurtenances in the project known as Edmundson Sanitary Relief (Edmund Ave to Bataan Dr) (12159) in Cities of Woodson Terrace and Unincorporated St. Louis County, Missouri to serve the needs of residents of the area, and authorizing staff to
proceed with further condemnation efforts related to the project, including but not limited to the purchase and/or the filing of all necessary court pleadings or documents to commence and prosecute formal legal proceedings for the acquisition of said easements and temporary construction easements.. Adoption of Ordinance No. 16124 - Woodson Sanitary Relief (Flora Ave to Lackland Rd) (12300) Declaring the necessity for the acquisition of easements and temporary easements in certain real property within The Metropolitan St. Louis Sewer District for the purpose of construction of sewers and related appurtenances in the project known as Woodson Sanitary Relief (Flora Ave to Lackland Rd) (12300) in City of Overland, Missouri to serve the needs of residents of the area, and authorizing staff to proceed with further condemnation efforts related
to the project, including but not limited to the purchase and/or the filing of all necessary court pleadings or documents to commence and prosecute formal legal proceedings for the acquisition of said easements and temporary construction easements. Adoption of Ordinance No. 16125 - Property and Boiler & Machinery Insurance Coverage Awarding a contract to F.M. Global Insurance Company (Charles L. Crane Agency, agent) for the District’s Property and Boiler & Machinery Insurance Coverage from July 1, 2023 to July 1, 2024.
Adoption of Ordinance No. 16126 - Excess Flood & Earth Movement Insurance Coverage
Awarding a contract to F.M. Global Insurance Company (Charles L. Crane Agency, agent) for the District’s Excess Flood & Earth Movement Insurance Coverage from July 1, 2023 to July 1, 2024. Adoption of Ordinance No. 16127 - Combined Liability Insurance Program
Awarding a contract to Missouri Public Entity Risk Management Fund (MOPERM) (Charles L. Crane Agency, agent) for the District’s Combined Liability Insurance coverage from July 1, 2023 to July 1, 2024.
Adoption of Ordinance No. 16128 - Auto Liability Insurance Program
Awarding a contract to The Phoenix Insurance Company (Travelers) (Charles L. Crane Agency, agent) for the
District’s Auto Liability Insurance Program coverage from July 1, 2023 to July 1, 2024.
Adoption of Ordinance No. 16129 - Public Official Excess Liability
Awarding a contract to ACE American Insurance Company (Chubb) (Charles L. Crane Agency, agent) for the District’s Public Official Excess Liability Coverage from July 1, 2023 to July 1, 2024.
Adoption of Ordinance No. 16130 - Excess (Umbrella) Liability Program (First Layer)
Awarding a contract to Princeton Insurance Company (Charles L. Crane Agency, agent) for the District’s Excess
Umbrella Liability Insurance (First Layer) coverage from July 1, 2023 to July 1, 2024.
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Adoption of Ordinance No. 16131 - Excess (Umbrella) Liability Program (Second Layer)
Awarding a contract to Gemini (Berkley Public Entity) (Charles L. Crane Agency, agent) for the District’s Excess Umbrella Liability Insurance (Second Layer) coverage from July 1, 2023 to July, 2024.
Adoption of Ordinance No. 16132 - Excess (Umbrella) Liability Program (Third Layer)
Awarding a contract to Homesite Insurance Company of Florida (Charles L. Crane Agency, agent) for the District’s Excess Umbrella Liability Insurance (Third Layer) coverage from July 1, 2023 to July 1, 2024. Adoption of Ordinance No. 16133 - Cyber Liability Insurance Program Awarding a contract to Travelers (Charles L. Crane Agency, agent) for the District’s Cyber Liability Insurance Program coverage from July 1, 2023 to July 1, 2024
Adoption of Ordinance No. 16134 - Owners Pollution Protective Insurance Program
Awarding a contract to AIG Specialty Insurance Company (Charles L. Crane Agency, agent) for the District’s Owners Pollution Protective Insurance Program coverage from July 1, 2023 to July 1, 2024. Adoption of Ordinance No. 16135 - Contractors Equipment (Inland Marine) Insurance Program Awarding a contract to Markel American Insurance Company (Charles L. Crane Agency, agent) for the District’s Contractors Equipment (Inland Marine) Insurance Program coverage from July 1, 2023 to July 1, 2024.
Adoption of Ordinance No. 16136 - Commercial Crime Insurance Coverage
Awarding a contract to Travelers Casualty & Surety Company of America (Charles L. Crane Agency, agent) for the
District’s Commercial Crime Insurance Coverage from July 1, 2023 to July 1, 2024.
Adoption of Ordinance No. 16137 - Fiduciary Liability Insurance Coverage (First Layer)
Awarding a contract to Federal (Chubb) Insurance Company (Charles L. Crane Agency, agent) for the District’s Fiduciary Liability Insurance Coverage (First Layer) from July 1, 2023 to July 1, 2024.
Adoption of Ordinance No. 16138 - Fiduciary Liability Insurance Coverage (Second Layer)
Awarding a contract to Travelers Casualty and Surety Company (Travelers Excess) (Charles L. Crane Agency, agent) for the District’s Fiduciary Liability Insurance Coverage (Second Layer) from July 1, 2023 to July 1, 2024. Adoption of Ordinance No. 16139 - Excess Workers’ Compensation Insurance Coverage Awarding a contract to Midwest Employers Casualty Company (Charles L. Crane Agency, agent) for the District’s Excess Workers’ Compensation Insurance Coverage from July 1, 2023 to July 1, 2024.
Adoption of Ordinance No. 16140 - Underground Storage Tank Insurance
Awarding a contract to Missouri Underground Storage Tank Fund for the District’s Underground Storage Tank Insurance coverage from July 1, 2023 to June 30, 2024. Adoption of Ordinance No. 16141 - National Flood Insurance Program (NFIP) Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to execute all documents necessary in order to procure flood insurance from the National Flood Insurance Program (Selective Insurance Company) (Charles L. Crane Agency, agent) during the period July 1, 2023 to June 30, 2024 for the building and contents at certain specified District locations.
Adoption of Ordinance No. 16142 - Major Facility Pollution Liability Insurance Coverage
Awarding a contract to Ironshore Specialty Ins Co (Liberty Mutual) (Charles L. Crane Agency, agent) for the District’s Major Facility Pollution Liability Insurance Coverage from July 1, 2023 to July 1, 2024. Adoption of Ordinance No. 16143 - FY 2024 Budget Appropriations Repealing and superseding Ordinance No. 15905, adopted June 9, 2022, and making appropriations for the current expenses of the District in the General Fund, the Water Backup Insurance and Reimbursement Fund, the General Insurance Fund, the Sanitary Replacement Fund, the Stormwater Operations, Maintenance and Construction Improvement Funds, the Emergency Funds, the Debt Service Funds, and the Wastewater Revenue Bond Service Funds for the fiscal year beginning July 1, 2023 and ending June 30, 2024, amounting in the aggregate to Three Hundred Eighty-nine Million Five Hundred Eighty-nine Thousand Two Hundred Forty-seven Dollars ($389,589,247) to pay interest falling due on bonds issued, the costs of support, operation, and maintenance of the
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District and its various subdistricts, and emergencies, and shall state the District’s objectives for the succeeding five years and include objective targets by which to measure the district’s performance in meeting these objectives in accordance with the requirements of this Proposed Ordinance to be introduced May 11, 2023 Adoption of Ordinance No. 16144 - FY 2023 Tax Levy for the Metropolitan St. Louis Sewer District and its various Sub Districts
Repealing Ordinance No. 15990, adopted September 28, 2022, and enacting a new Ordinance in lieu thereof, adjusting the previously fixed taxes by determining the amount of taxes which shall be levied, assessed, and collected in the year 2023 on all taxable tangible property in the District within the corporate limits of the City of St.
Louis and St. Louis County, respectively, and in Subdistricts within the corporate limits of St. Louis County as follows: Coldwater Creek Trunk Subdistrict, Gravois Creek Trunk Subdistrict, Maline Creek Trunk Subdistrict, Watkins Creek Trunk Subdistrict, Subdistrict No. 89 (Loretta-Joplin), Subdistrict No. 342 (Clayton-Central), Subdistrict No. 366 (University City Branch of River des Peres Stormwater Subdistrict), Subdistrict No. 367 (Deer Creek Stormwater Subdistrict), Subdistrict No. 369 (Sugar Creek), Subdistrict No. 448 (Missouri River - Bonfils), Subdistrict No. 449 (Meramec River Basin - MSD Southwest), Subdistrict No. 454 (Seminary Branch of River des
Peres), Subdistrict No. 455 (Black Creek), Subdistrict No. 1 of the River des Peres Watershed (Creve Coeur-Frontenac Area) and Subdistrict No. 7 of the River des Peres Watershed (Wellston Area); and the Board of Trustees, in accordance with Charter Section 7.310 authorizes the Director of Finance to certify as to the amount of taxes which shall be levied, assessed and collected within the corporate limits of the City of St. Louis and St. Louis County and for the aforementioned Subdistricts Motion was made by Trustee Wahby, seconded by Trustee Nicozisin for Adoption of Ordinance Nos. 16111 through 16120; and 16122 through 16144
Motion passed: 5 Ayes - 0 Nays - 0 Abstain Poll Taken: A. Fehr AYE, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Wahby AYE
UNFINISHED BUSINESS
ORDINANCES
• None
RESOLUTIONS
• None NEW BUSINESS ORDINANCES Introduction of Ordinance No. 16145 - CSO Volume Reduction Green Infrastructure – The Last Hotel (12872) Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an agreement with 1501 Washington Ave LLC, for cost sharing for green infrastructure construction in
CSO Volume Reduction Green Infrastructure – The Last Hotel (12872) in the City of St. Louis, Missouri.
Motion was made by Trustee Wahby, seconded by Trustee Nicozisin that Ordinance No. 16145 be introduced. Motion passed: 5 Ayes - 0 Nays - 0 Abstain Poll Taken: A. Fehr AYE, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Wahby AYE Introduction of Ordinance No. 16146 - St. George Creek Sanitary Relief (Daisy Ln to Gravois Rd to New Hampshire Ave) (12212)
A supplemental appropriation of One Hundred Thousand Dollars ($100,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer construction in St. George Creek Sanitary Relief (Daisy Ln to Gravois Rd to New Hampshire Ave) (12212) in the Unincorporated St. Louis County, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to appropriate additional funds to Contract No. 22153 with Keeley Construction Group, Inc. for sanitary sewer construction.
Motion was made by Trustee Wahby, seconded by Trustee Nicozisin that Ordinance No. 16146 be introduced. Motion passed: 5 Ayes - 0 Nays - 0 Abstain Poll Taken: A. Fehr AYE, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Wahby AYE
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Introduction of Ordinance No. 16147 - St. Joachim's Sanitary Relief (St. Genevieve Ln to Lynros Dr) (12214)
An appropriation of Two Million Five Hundred Thousand Dollars ($2,500,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer construction in St. Joachim’s Sanitary Relief (St. Genevieve Ln to Lynros Dr) (12214) in the City of St. Ann, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 52002 with Pace Construction Company, LLC for sanitary sewer construction. Motion was made by Trustee Wahby, seconded by Trustee Evans that Ordinance No. 16147 be introduced. Motion passed: 6 Ayes - 0 Nays - 0 Abstain
Poll Taken: A. Fehr AYE, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson AYE, B. Wahby AYE
Introduction of Ordinance No. 16148 - Lemay No. 3 Pump Station and Force Main (11817) (Substation Upgrade)
Appropriating Two Million Forty-Seven Thousand Dollars ($2,047,000.00) from the Sanitary Replacement Fund for electrical customer substation construction in Lemay No. 3 Pump Station and Force Main (11817) (Substation Upgrade) in Unincorporated St. Louis County, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an agreement under Contract No. 21817 with Union Electric Company, dba Ameren-Missouri to provide financial assistance for electrical customer substation construction.
Motion was made by Trustee Nicozisin, seconded by Trustee Wahby that Ordinance No. 16148 be introduced.
Motion passed: 5 Ayes - 0 Nays - 0 Abstain Poll Taken: A. Fehr AYE, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Wahby AYE
Introduction of Ordinance No. 16149 - Infrastructure Repairs (Wastewater) (2024) (12990)
An appropriation of Five Million Dollars ($5,000,000.00) from the Sanitary Replacement Fund and Two Million Dollars ($2,000,00.00) from the General Fund to be used for repair and replacement of manholes, sewers, and other infrastructure in Infrastructure Repairs (Wastewater) (2024) (12990) at various locations throughout the District. Motion was made by Trustee Nicozisin, seconded by Trustee Evans that Ordinance No. 16149 be introduced. Motion passed: 5 Ayes - 0 Nays - 0 Abstain
Poll Taken: A. Fehr AYE, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Wahby AYE
Introduction of Ordinance No. 16150 - GC-06 Gravois Creek to Briarstone and Gates Sanitary Relief Phase II (12157)
Declaring the necessity for the acquisition of easements and temporary easements in certain real property within The Metropolitan St. Louis Sewer District for the purpose of construction of sewers and related appurtenances in the project known as GC-06 Gravois Creek to Briarstone & Gates Sanitary Relief Phase II (12157) in the Cities of Sunset Hills and Unincorporated St. Louis County, Missouri to serve the needs of residents of the area, and authorizing staff to proceed with further condemnation efforts related to the project, including but not limited to the
purchase and/or the filing of all necessary court pleadings or documents to commence and prosecute formal legal proceedings for the acquisition of said easements and temporary construction easements.
Motion was made by Trustee Wahby, seconded by Trustee Nicozisin that Ordinance No. 16150 be introduced. Motion passed: 5 Ayes - 0 Nays - 0 Abstain Poll Taken: A. Fehr AYE, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Wahby AYE
Introduction and Adoption of Ordinance No. 16151 – Salary of Secretary-Treasurer 2023 Ordinance
Repealing Ordinance No. 15931, adopted May 12, 2022, and enacting a new ordinance in lieu thereof prescribing the salary of the Secretary-Treasurer of The Metropolitan St. Louis Sewer District Motion was made by Trustee Wahby, seconded by Trustee Evans that Ordinance No. 16151 be introduced. Motion passed: 5 Ayes - 0 Nays - 0 Abstain Poll Taken: A. Fehr AYE, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Wahby AYE
The Secretary Treasurer asked if there was an objection to the Suspension of Rule, Hearing None Motion was made by Trustee Wilson, seconded by Trustee Nicozisin that Ordinance No. 16151 be adopted. Motion passed: 5 Ayes - 0 Nays - 0 Abstain Poll Taken: A. Fehr AYE, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Wahby AYE
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RESOLUTIONS Adoption of Resolution No. 3838 - Expressing the Board of Trustees’ appreciation to Sanjiv Shekhar for his 18 years of exemplary service to the Metropolitan St. Louis Sewer District from September 27, 2004, to his retirement effective June 1, 2023. Motion was made by Trustee Wilson, seconded by Trustee Nicozisin that Resolution No.3838 be adopted. Motion passed: 5 Ayes - 0 Nays - 0 Abstain Poll Taken: A. Fehr AYE, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Wahby AYE Adoption of Resolution No. 3839 - Expressing the Board of Trustees’ appreciation to Timothy Cox for his 26 years of exemplary service to the Metropolitan St. Louis Sewer District from May 19, 1997, to his retirement effective
June 1, 2023.
Motion was made by Trustee Nicozisin, seconded by Trustee Evans that Resolution No.3839 be adopted. Motion passed: 5 Ayes - 0 Nays - 0 Abstain Poll Taken: A. Fehr AYE, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Wahby AYE Adoption of Resolution No. 3840 - Expressing the Board of Trustees’ appreciation to Frank R. Schafer for his 18 years of exemplary service to the Metropolitan St. Louis Sewer District from January 24, 2005, to his retirement effective June 1, 2023. Motion was made by Trustee Wilson, seconded by Trustee Nicozisin that Resolution No.3840 be adopted. Motion passed: 5 Ayes - 0 Nays - 0 Abstain
Poll Taken: A. Fehr AYE, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Wahby AYE
Adoption of Resolution No. 3841 - General Legal Services - Armstrong Teasdale
Exercise option year four (4) of the contract previously authorized by Ordinance No. 15188, adopted June 13, 2019, which authorized the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Armstrong Teasdale LLP, whereby Armstrong Teasdale LLP would provide General Legal Services for the District.
Motion was made by Trustee Wilson, seconded by Trustee Wahby that Resolution No.3841 be adopted. Motion passed: 5 Ayes - 0 Nays - 0 Abstain Poll Taken: A. Fehr AYE, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Wahby AYE
Adoption of Resolution No. 3842 - General Legal Services - Rynearson Suess
Exercise option year four (4) of the contract previously authorized by Ordinance No. 15190, adopted June 13, 2019,
which authorized the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Rynearson, Suess, Schnurbusch & Champion, LLC, whereby Rynearson, Suess, Schnurbusch & Champion, LLC would provide General Legal Services for the District. Motion was made by Trustee Wilson, seconded by Trustee Wahby that Resolution No.3842 be adopted. Motion passed: 5 Ayes - 0 Nays - 0 Abstain Poll Taken: A. Fehr AYE, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Wahby AYE Adoption of Resolution No. 3843 - General Legal Services - Thompson Coburn Exercise option year four (4) of the contract previously authorized by Ordinance No. 15191, adopted June 13, 2019, which authorized the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Thompson Coburn LLP, whereby Thompson Coburn LLP would provide General Legal Services for the District.
Motion was made by Trustee Wilson, seconded by Trustee Nicozisin that Resolution No.3843 be adopted. Motion passed: 5 Ayes - 0 Nays - 0 Abstain Poll Taken: A. Fehr AYE, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Wahby AYE
Adoption of Resolution No. 3844 - General Legal Services - White Coleman Associates
Exercise option year three (3) of the contract previously authorized by Ordinance No. 15568, adopted December 10, 2020, which authorized the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with White Coleman & Associates, LLC, whereby White Coleman & Associates, LLC would provide General Legal Services for the District.
Motion was made by Trustee Wilson, seconded by Trustee Wahby that Resolution No.3844 be adopted. Motion passed: 5 Ayes - 0 Nays - 0 Abstain Poll Taken: A. Fehr AYE, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Wahby AYE
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Adoption of Resolution No. 3845 - Legislative Lobbying Services - Cardinal Point
Exercise option year four (4) of the contract previously authorized by Ordinance No. 15153, adopted May 9, 2019, which authorized the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Cardinal Point Partners, LLC, whereby Cardinal Point Partners, LLC will provide federal legislative services for the District.
Motion was made by Trustee Wilson, seconded by Trustee Nicozisin that Resolution No.3845 be adopted. Motion passed: 5 Ayes - 0 Nays - 0 Abstain
Poll Taken: A. Fehr AYE, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Wahby AYE
ITEMS PROPOSED FOR INTRODUCTION AND ADOPTION AT THE NEXT BOARD MEETING
• None ANY OTHER BUSINESS THAT MAY PROPERLY BE BROUGHT BEFORE THE BOARD:
• None
ADJOURNMENT
Trustee Fehr asked for a motion to adjourn the meeting at 5:31 P.M. Motion was made by Trustee Wilson and seconded by Trustee Nicozisin.
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Secretary-Treasurer