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HomeMy Public PortalAbout1662nd Board Journal 9-8-20221 Last Revised: 9/13/22 JOURNAL OF THE 1662nd MEETING OF THE BOARD OF TRUSTEES METROPOLITAN ST. LOUIS SEWER DISTRICT September 8, 2022 BOARD OF TRUSTEES MSD STAFF PRESENT M. Evans, Chair B. Hoelscher, Executive Director A. Fehr, Vice Chair T. Snoke, Secretary-Treasurer R. Wilson S. Myers, General Counsel G. Nicozisin R. Unverferth, Director of Engineering B. Wahby M. Gee, Director of Finance B. Watson T. Coleman, Director of Human Resources J. Sprague, Director of Information Technology S. Stone, Senior Public Affairs Specialist W. Comello, Executive Assistant, Scribe MEMBERS OF THE PUBLIC Tom Sullivan Trustee Evans called the meeting to order at approximately 4:09 p.m. Roll call was taken, and all Trustees were present. Trustee Evans called for a motion to go into closed session at 4:09 p.m. Trustee Nicozisin motioned and Trustee Wahby seconded the motion; all Trustees approved the motion via roll call vote. The Board of Trustees returned from Closed Session and Trustee Evans called for a motion to go into open session at 5:15 p.m. Trustee Nicozisin motioned and Trustee Wahby seconded the motion; all Trustees approved the motion. Trustee Evans asked for the approval of the August 11, 2022 (1661st) Board Meeting Journal. Motion was made by Trustee Wahby and seconded by Trustee Fehr; all Trustees approved the motion. Comments by Board Chair: None ~ ~ ~ ~ ~ Report of The Board Committees: AUDIT COMMITTEE REPORT The Audit Committee met on August 30 at 7:30 am. The meeting was attended by Trustees Watson, Fehr, Nicozisin, Wahby, and Wilson. Chairperson Watson called roll and had no introductory comments. The minutes of the August 2 Audit Committee meeting were approved. Next, Internal Audit presented a report for an audit engagement that consisted of a process review of the Division of Environmental Compliance’s Industrial Pretreatment Group. The focus of this group within DEC is to implement the federally mandated Industrial Pretreatment program for the District. The group also captures, maintains, and calculates data for Industrial Users for use in the District’s billing process. The scope period for reviewing and testing transactional data was calendar years 2020, 2021, and 2022. The engagement received a “Satisfactory” or “clean” opinion. One (1) Opportunity for Improvement was presented and discussed with the Committee. The item focused on the frequency of review and recalculation of reduction factors. During the presentation, questions were addressed by Internal Audit as they were received from the Committee. The next Audit Committee meeting is tentatively scheduled for Tuesday, October 4, 2022. The meeting was adjourned at approximately 7:46 am. This concludes the Audit Committee Report. ~ ~ ~ ~ ~ 2 Last Revised: 9/13/22 PROGRAM MANAGEMENT COMMITTEE REPORT The Program Management Committee met on August 30, 2022 at 7:49 a.m. The meeting was attended by Trustees Nicozisin, Wilson, Fehr, Wahby, and Watson. Chairperson Nicozisin called roll and had no further comments. The minutes of the August 2, 2022 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 No. 15976 – Earth City Shoreline Pump Station – Staff discussed this unplanned supplemental appropriation of $105,000 to an existing project being constructed by Kelpe Contracting, Inc. This supplemental funding is required to complete the construction due to additional costs related to poor soil conditions requiring shoring to be left in place and additional dewatering efforts beyond what was anticipated. Ordinance No. 15977 – Canterbury and Roland Sanitary Relief – Staff discussed this unplanned supplemental appropriation of $150,000 to an existing contract with Aztec Construction Specialties, LLC. This supplemental funding is required to complete the construction due to additional costs related to repair of a collapsing storm sewer and pavement which were outside the original scope of the project. Ordinance Nos. 15978 and 15979 – Staff provided details of two CSO Volume Reduction Green Infrastructure Grants being awarded to reduce combined sewer overflows to the Mississippi River per the Consent Decree. Staff provided details of the grants being awarded to Vandeventer Place II, LP and Saint Louis University for the construction of volume reducing rain gardens. Ordinance No. 15986 – Deer Creek Watershed Initiative – The committee was briefed on this partnering project with the Missouri Botanical Garden to improve water quality within the Deer Creek watershed. Staff answered questions from the committee regarding other partnering projects with the Botanical Garden. Ordinance No. 15988 – Easement Condemnation Request. Staff made a brief presentation on the status of the easement acquisition for the White Plains Sanitary Relief project. A total of 10 easements are necessary on this project. Seven (7) easements have been acquired with three (3) remaining. Negotiations continue with progress being made. Staff anticipates reaching resolution with the owners. Staff is recommending moving forward with condemnation to allow project to remain on schedule. Ordinance for Introduction and Adoption in October 2022 – Emergency Repair #070 – Staff explained the status on the emergency combined sewer structure repair project at the intersection of Blair and Ferry Street in the City of St. Louis. Staff briefed the committee on additional work that will be needed at this location to address the potential collapse of the distressed sewers adjacent to the repaired structure. Upon completion of a repair plan and cost negotiation, a supplemental appropriation of approximately $2,500,000 will be required. There was a question from the committee regarding available annual emergency repair funds. Staff indicated that a budget fund transfer will most likely be required for any future emergencies. Under Other Business, staff gave a brief update on the condemnation for Parcel #78 for the Black Creek – Haddington Court project. This property owner had contacted the Board prior to the August 11, 2022 Board meeting. Easement negotiations are proceeding, and MSD staff has had several meetings with this owner. Staff is still requesting adoption of Ordinance No. 15970 on next week’s agenda in order to keep the project on schedule. The next Committee meeting is tentatively scheduled for October 4, 2022. The meeting was adjourned at 8:20 a.m. This concludes the Program Management Board Comments Report. ~ ~ ~ ~ ~ FINANCE COMMITTEE REPORT The Finance Committee met on August 30, 2022, at 8:24a.m. The meeting was attended by Trustees Wilson, Watson, Nicozisin, Fehr & Wahby. Chairperson Fehr called roll and had no further comments. The minutes of August 2, 2022, Finance Committee meeting were approved. The following agenda items to be introduced tonight were presented and discussed: Resolution No. 3784- Pension Investment Consultant: This action authorizes the District to exercise the 4th of four option years to renewal a contract with AON Consulting 3 Last Revised: 9/13/22 to monitor the district’s pension investments and provide investment advisory services for the District’s Defined Benefit Plan, Deferred Compensation Plan and Defined Contribution Plan. Resolution No. 3783- Actuarial Consulting Services: This resolution authorizes the District to exercise the 4th of four option years with Milliman, Inc. to provide actuarial services for the District’s Pension Plan, Defined Contribution Plan, Deferred Compensation Plan, accrued sick leave and vacation program, and pension and post-employment benefit accounting reporting. Resolution No. 3780- Collection Litigation Services- Gusdorf Law Firm, LLC: Resolution No. 3781- Collection Litigation Services- John G. Heimos, PC Law Firm, Resolution No. 3782- Collection Litigation Services- Kramer & Frank, PC: These resolutions will authorize the District to exercise the second (2nd) of four (4) option years to renew contracts for an additional one-year term with Gusdorf Law Firm, John G. Heimos, PC Law and Kramer & Frank, PC Law Firm, for collection litigation services. These firms will provide the District’s Billings and Collections Division with continued support pertaining to collection litigation services involving delinquent user charge revenue. Resolution No. 3779- Budget Transfer: This resolution allows the District to properly classify expenses for its FY 2022 year-end financial statements. This resolution approves the transfer of $9,102,200 of unencumbered appropriated balances between multiple funds. Other items discussed during the Committee meeting included the following: Quarterly Pension Review: Mike Comstock of AON provided a performance update of the District’s Defined Benefit and Defined Contribution Plans for the second quarter of 2022 and year-to-date 2022. He explained that almost all major capital markets performed poorly in the 2nd quarter, leading to a -10.8% return for the Defined Benefit Plan in the quarter compared to a -9.8% for the Plan’s policy benchmark. Markets did rebound in July, returning about 5% for the month. Aon believes the current policy allocation for the Pension remains appropriate. Secretary-Treasurer Tim Snoke reviewed the District’s Operating Fund Portfolio as of August 25, 2022. Tim indicated that the portfolio is in compliance with the District’s Investment Policy. The next Committee meeting is tentatively scheduled for Tuesday, October 4, 2022. The meeting was adjourned at 8:55a.m. This concludes the Finance Committee Board Comments Report ~ ~ ~ ~ ~ STAKEHOLDER RELATIONS COMMITTEE REPORT The Stakeholder Relations Committee met on August 30, 2022, at 8:56 a.m. The meeting was attended by Chairperson Wilson, Trustees, Fehr, Nicozisin, Watson and Wahby. Chairperson Wilson called roll and had no further comments. The minutes of the August 2, 2022, Stakeholder Relations Committee Meeting were approved. The Agenda and Discussion items were as follows: Operations Semi-Annual Regulatory Compliance Report - Bret Berthold gave a presentation regarding the Operations Department Semi-Annual Regulatory Compliance Report. Bret's presentation included a summary of various compliance reporting measures and metrics including Plant Compliance, Customer Service, Maintenance Overflow and Backup tracking related to the Collection System. The Operations Department continues to work diligently to meet and exceed metric standards. There is no Board action required at this time. The next Committee meeting is tentatively scheduled for October 4, 2022. The meeting was adjourned at 9:03 a.m. This concludes the Stakeholder Relations Committee Board Comments Report. ~ ~ ~ ~ ~ Report of the Executive Director: The Executive Director and CEO, Brian Hoelscher, reported to the Board: The MSD Board of Trustees approved preliminary tax rates at the June 2022 Board meeting as part of the District’s FY 22 budgeting process. The District levies a tax, referred to as the 10-cent tax, which funds the operation and maintenance activities relating to the stormwater program and a tax, referred to as the 2-cent tax, which funds certain regulatory obligations the District must comply with to meet stormwater quality requirements outlined by the Missouri 4 Last Revised: 9/13/22 Department of Natural Resources. There also are currently 7 OMCI taxes that are levied for operations, maintenance, & capital improvements in specific parts of the District’s service area. MSD’s Finance Department will receive documents from the City and County Assessors Offices in mid to late September that contain updated property assessment information This information must be used by the District to calculate revised tax rates in accordance with Missouri State statutes. We are required to submit final tax rates to the City and County by October 1st. As such, a special Board meeting will need to be held during the last week in September so that the final tax rates can be considered for approval. Prior to the Board meeting, director of Finance Marion Gee will provide you with a schedule showing the change in the property tax rates from the June calculation as well as a projection of the revenue to be generated from the revised tax levies. Executive Assistant Wendi Comello will be contacting the Board members to schedule a meeting between Monday September 26 and Wednesday September 28. We will need a voting quorum of the Trustees in attendance in order to approve the adjusted tax rates but can get by with as few as one Board Member physically in attendance with the rest of the Trustees attending virtually. The meeting should take well less than 15 minutes and will be managed by Marion Gee. Please feel free to contact staff if you have any questions Comments by the Public: As noted by Secretary-Treasurer, Tim Snoke, there was one Public comment from a citizen in meeting attendance: “Mr. Chairman, members of the board: In July, as this area received some of the worst flooding ever. University City was hit especially hard that caused over 300 homes to be condemned. The amount of destroyed furniture and belongings stacked up in curbs has been enormous. The city has not been able to keep up partly because it lost several trucks and other equipment in the flood. The amount of trash has grown as damaged floors and walls are removed and placed to curbs. Fox 2 did a news story the other night about a lady who had been waiting for weeks to get her destroyed belongings picked up. She said was bad enough to have lost so much then have to look at every day made it worse. As far as I know MSD has done nothing to help with getting rid of the trash. The District was criticized for its indifference after the 2008 floods in University City in which two residents drowned and it seems that indifference extends to this year. For more than 50 years MSD has been ducking and dodging this area's stormwater problems. As I pointed out recently, the mayor of University City and other city officials attended an MSD board meeting in 1966 seeking help with River Des Peres flooding. In response, the board approved a study and established a committee. These have been the usual responses that accomplish nothing. The district's incompetence with stormwater problems matches its incompetence with meeting clean water standards. That incompetence will cause people of this area nearly $10 billion when debt service was included in before all the projects are completed. The District has long tried to escape its responsibilities with stormwater and erosion issues. About five or six years ago, after more flooding in University City a meeting was held at the University City Public Library of many homeowners looking for relief. Brian Hoelscher was there and told the homeowners that erosion problems caused by the River Des Peres are their problems. MSD would do nothing, just more ducking and dodging. Not our problem could be MSD slogan. It is long past time for MSD to start getting serious about addressing this area of stormwater flooding and erosion problems. A more service oriented sewer district stream is definitely needed. Thank you for listening to my comments.” Submission of Public Hearing Report: None. 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 11 through 24. CONSENT AGENDA Adoption of Proposed Ordinance No. 15962 - Kingsland Sanitary Storage Facility (Engelholm) (12841) A supplemental appropriation of Forty Thousand Dollars ($40,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer construction in Kingsland Sanitary Storage Facility (Engelholm) (12841) in the City of Pagedale, 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. 21879 with Goodwin Brothers Construction Co. for sanitary sewer construction. Adoption of Proposed Ordinance No. 15963 - CSO Volume Reduction Green Infrastructure – Herbert Hoover Boys and Girls Club (13657) 5 Last Revised: 9/13/22 Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an agreement with Fresh Coast Capital, LLC, d/b/a Greenprint Partners, for cost sharing for green infrastructure construction in CSO Volume Reduction Green Infrastructure – Herbert Hoover Boys and Girls Club (13657) in the City of St. Louis, Missouri. Adoption of Proposed Ordinance No. 15964 - Coldwater Creek WWTF Repairs and Improvements (2023) (12552) An appropriation of Five Million Dollars ($5,000,000.00) from the Sanitary Replacement Fund to be used for wastewater treatment plant construction in Coldwater Creek WWTF Repairs and Improvements (2023) (12552) in the City of Black Jack, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 22173 with Plocher Construction Company, Inc. for wastewater treatment plant construction. Adoption of Proposed Ordinance No. 15965 - Easement Acquisition for Wastewater Projects (2023) (12820) An appropriation of Three Million Five Hundred Thousand Dollars ($3,500,000.00) from the Sanitary Replacement Fund to be used for property rights acquisition in Easement Acquisition for Wastewater Projects (2023) (12820) in the entire District. Adoption of Proposed Ordinance No. 15966 - Harlem Baden Relief Phase IV (Hebert) – Sewer Rehabilitation (13548) Appropriating Two Million Dollars ($2,000,000.00) from the Sanitary Replacement Fund for intergovernmental agreement and local match for sewer construction in Harlem Baden Relief Phase IV (Hebert) – Sewer Rehabilitation (13548) in the Cities of Hillsdale and Velda Village Hills, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an intergovernmental agreement under Contract No. 22199 with the U.S. Army Corps of Engineers to provide funding for the construction of a CIRP project for intergovernmental agreement and local match for sewer construction. Adoption of Proposed Ordinance No. 15967 - Infrastructure Repairs (Rehabilitation) (2023) Corps CSO Program (13731) Appropriating Two Million Dollars ($2,000,000.00) from the Sanitary Replacement Fund for intergovernmental agreement and local match for sewer construction in Infrastructure Repairs (Rehabilitation) (2023) Corps CSO Program (13731) 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 an intergovernmental agreement under Contract No. 22200 with the U.S. Army Corps of Engineers to provide funding for the construction of a CIRP project for intergovernmental agreement and local match for sewer construction. Adoption of Proposed Ordinance No. 15968 - Robyn Hills Number 1 Pump Station (P-417) Replacement (12189) An appropriation of One Million Thirty Thousand Dollars ($1,030,000.00) from the Sanitary Replacement Fund to be used for pump station improvements in Robyn Hills Number 1 Pump Station (P-417) Replacement (12189) in the City of Sunset Hills, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 22186 with Kelpe Contracting, Inc. for pump station improvements. Adoption of Proposed Ordinance No. 15969 - Meadow Creek Ln 508 Storm Sewer (11972) An appropriation of Eighty-Five Thousand Dollars ($85,000.00) from the Operations, Maintenance, Construction, Improvement Fund of Deer Creek to be used for storm sewer construction in Meadow Creek Ln 508 Storm Sewer (11972) in the City of Warson Woods, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 22178 with Enterprise Sewer & Drain, Inc. for storm sewer construction. Adoption of Proposed Ordinance No. 15970 - Black Creek-Haddington Court Relief Sewers (11847) 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 Black Creek-Haddington Court Relief Sewers (11847) in the Cities of Ladue, University City, and Clayton, 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. 6 Last Revised: 9/13/22 Adoption of Proposed Ordinance No. 15971 - Coldwater Creek WWTF Repairs and Improvements (2023) (Design) (12552) A supplemental appropriation of One Hundred Seventy-Five Thousand Dollars ($175,000.00) from the Sanitary Replacement Fund to be used for engineering during construction services in Coldwater Creek WWTF Repairs and Improvements (2023) (Design) (12552) in the City of Black Jack, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Amendment No. 4 to Contract No. 21996 with Donohue & Associates, Inc. for engineering during construction services. Adoption of Proposed Ordinance No. 15972 - Critical Infrastructure Assessment and Asset Investigation (2023) (12908) An appropriation of One Million Seven Hundred Thousand Dollars ($1,700,000.00) from the General Fund to be used for asset investigations & assessment of sewer systems in Critical Infrastructure Assessment and Asset Investigation (2023) (12908) throughout the Metropolitan St. Louis Sewer District service area; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 22201 with TREKK Design Group, Inc. for asset investigations and assessment of sewer systems. Adoption of Proposed Ordinance No. 15973 - Flow Metering and Monitoring (2022) (12801) A supplemental appropriation of Two Million Five Hundred Thousand Dollars ($2,500,000.00) from the General Fund to be used for flow meter and monitoring in Flow Metering and Monitoring (2022) (12801) Districtwide; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Amendment No. 1 to Contract No. 22069 with ADS Environmental Services for flow meter and monitoring. Adoption of Proposed Ordinance No. 15974 - Stream Flow Gauge Operation and Maintenance (USGS) (10766) A supplemental appropriation of Five Hundred Four Thousand Seven Hundred Fifty Dollars ($504,750.00) from the General Fund to be used for stream flow monitoring in Stream Flow Gauge Operation and Maintenance (USGS) (10766) Districtwide; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 10422 with U.S. Geological Survey for stream flow monitoring. Adoption of Proposed Ordinance No. 15975 - General Services Agreement – Water Quality Support Services (2021) (12842) A supplemental appropriation of One Hundred Fifty Thousand Dollars ($150,000.00) from the Stormwater Regulatory Fund to be used for water quality and environmental regulatory support in General Services Agreement – Water Quality Support Services (2021) (12842) at various locations within the District; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Amendment No. 2 to Contract No. 21959 with HDR Engineering, Inc. for water quality and environmental regulatory support. Motion was made by Trustee Fehr, seconded by Trustee Nicozisin for Adoption of Ordinance Nos. 15962 through 15975 Motion passed: 6 Ayes - 0 Nays - 0 Abstain Poll Taken: M. Evans AYE, A. Fehr AYE, G. Nicozisin AYE, R. Wilson AYE, B. Wahby AYE, B. Watson AYE UNFINISHED BUSINESS ORDINANCES • None RESOLUTIONS • None 7 Last Revised: 9/13/22 NEW BUSINESS ORDINANCES Introduction of Proposed Ordinance No. 15976 - Earth City Shoreline Pump Station (P-704) Replacement (12155) A supplemental appropriation of One Hundred Five Thousand Dollars ($105,000.00) from the Sanitary Replacement Fund to be used for pump station improvements in Earth City Shoreline Pump Station (P-704) Replacement (12155) in 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. 21767 with Kelpe Contracting, Inc. for pump station improvements. Motion was made by Trustee Nicozisin, seconded by Trustee Fehr that Ordinance No. 15976 be introduced. Motion passed: 6 Ayes - 0 Nays - 0 Abstain Poll Taken: M. Evans AYE, A. Fehr AYE, G. Nicozisin AYE, R. Wilson AYE, B. Wahby AYE, B. Watson AYE Introduction of Proposed Ordinance No. 15977 - Canterbury and Roland Sanitary Relief (Nelson Dr to Roland Blvd) (12110) A supplemental appropriation of One Hundred Thousand Dollars ($100,000.00) from the Sanitary Replacement Fund and Fifty Thousand Dollars ($50,000.00) from the Districtwide Stormwater Fund to be used for sanitary sewer construction in Canterbury and Roland Sanitary Relief (Nelson Dr to Roland Blvd) (12110) in the Cities of Northwoods and Pasadena Hills, 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. 22048 with Aztec Construction Specialties, LLC for sanitary sewer construction. Motion was made by Trustee Watson, seconded by Trustee Wilson that Ordinance No. 15977 be introduced. Motion passed: 6 Ayes - 0 Nays - 0 Abstain Poll Taken: M. Evans AYE, A. Fehr AYE, G. Nicozisin AYE, R. Wilson AYE, B. Wahby AYE, B. Watson AYE Introduction of Proposed Ordinance No. 15978 - CSO Volume Reduction Green Infrastructure – 4315 Evans Ave (13809) Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an agreement with Vandeventer Place II, LP, for cost sharing for green infrastructure construction in CSO Volume Reduction Green Infrastructure – 4315 Evans Ave (13809) in the City of St. Louis, Missouri. Motion was made by Trustee Nicozisin, seconded by Trustee Wilson that Ordinance No. 15978 be introduced. Motion passed: 6 Ayes - 0 Nays - 0 Abstain Poll Taken: M. Evans AYE, A. Fehr AYE, G. Nicozisin AYE, R. Wilson AYE, B. Wahby AYE, B. Watson AYE Introduction of Proposed Ordinance No. 15979 - CSO Volume Reduction Green Infrastructure – SLU Champions Center (13851) Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an agreement with Saint Louis University, for cost sharing for green infrastructure construction in CSO Volume Reduction Green Infrastructure – SLU Champions Center (13851) in the City of St. Louis, Missouri. Motion was made by Trustee Wahby, seconded by Trustee Fehr that Ordinance No. 15979 be introduced. Motion passed: 6 Ayes - 0 Nays - 0 Abstain Poll Taken: M. Evans AYE, A. Fehr AYE, G. Nicozisin AYE, R. Wilson AYE, B. Wahby AYE, B. Watson AYE Introduction of Proposed Ordinance No. 15980 - Banff Sanitary Relief (Caithness Rd to Lanark Rd) (12085) An appropriation of Two Hundred Fifteen Thousand Dollars ($215,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer construction in Banff Sanitary Relief (Caithness Rd to Lanark Rd) (12085) 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 Contract No. 22191 with Gershenson Construction Co., Inc. for sanitary sewer construction. Motion was made by Trustee Nicozisin, seconded by Trustee Watson that Ordinance No. 15980 be introduced. Motion passed: 6 Ayes - 0 Nays - 0 Abstain Poll Taken: M. Evans AYE, A. Fehr AYE, G. Nicozisin AYE, R. Wilson AYE, B. Wahby AYE, B. Watson AYE Introduction of Proposed Ordinance No. 15981 - Bissell – Coldwater – Missouri – Meramec Public I/I Reduction (2023) Contract C (13033) An appropriation of Two Million Six Hundred Fifty Thousand Dollars ($2,650,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer rehabilitation in Bissell – Coldwater – Missouri – Meramec Public 8 Last Revised: 9/13/22 I/I Reduction (2023) Contract C (13033) in the City of Florissant, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 22182 with SAK Construction LLC for sanitary sewer rehabilitation. Motion was made by Trustee Wahby, seconded by Trustee Wilson that Ordinance No. 15981 be introduced. Motion passed: 6 Ayes - 0 Nays - 0 Abstain Poll Taken: M. Evans AYE, A. Fehr AYE, G. Nicozisin AYE, R. Wilson AYE, B. Wahby AYE, B. Watson AYE Introduction of Proposed Ordinance No. 15982 - Harlem Cityshed Mitigation Basins (Ashland and Essex) (13231) An appropriation of Four Million Dollars ($4,000,000.00) from the Sanitary Replacement Fund to be used for detention basin construction in Harlem Cityshed Mitigation Basins (Ashland and Essex) (13231) 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. 22196 with Keeley Construction Group, Inc. for detention basin construction. Motion was made by Trustee Wahby, seconded by Trustee Evans that Ordinance No. 15982 be introduced. Motion passed: 6 Ayes - 0 Nays - 0 Abstain Poll Taken: M. Evans AYE, A. Fehr AYE, G. Nicozisin AYE, R. Wilson AYE, B. Wahby AYE, B. Watson AYE Introduction of Proposed Ordinance No. 15983 - Infrastructure Repairs (Facilities) (2023) (12997) An appropriation of Three Million Dollars ($3,000,000.00) from the Sanitary Replacement Fund to be used for repair, replacement, or improvement projects to address needs at facilities in Infrastructure Repairs (Facilities) (2023) (12997) in various locations throughout the District. Motion was made by Trustee Wahby, seconded by Trustee Fehr that Ordinance No. 15983 be introduced. Motion passed: 6 Ayes - 0 Nays - 0 Abstain Poll Taken: M. Evans AYE, A. Fehr AYE, G. Nicozisin AYE, R. Wilson AYE, B. Wahby AYE, B. Watson AYE Introduction of Proposed Ordinance No. 15984 - Lemay 1 Pump Station (P-301) Cooling Tower Replacement (13596) An appropriation of One Million Four Hundred Thousand Dollars ($1,400,000.00) from the Sanitary Replacement Fund to be used for pump station improvements in Lemay 1 Pump Station (P-301) Cooling Tower Replacement (13596) 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. 22185 with Corrigan Company for pump station improvements. Motion was made by Trustee Wahby, seconded by Trustee Nicozisin that Ordinance No. 15984 be introduced. Motion passed: 6 Ayes - 0 Nays - 0 Abstain Poll Taken: M. Evans AYE, A. Fehr AYE, G. Nicozisin AYE, R. Wilson AYE, B. Wahby AYE, B. Watson AYE Introduction of Proposed Ordinance No. 15985 - Deer Creek Watershed Initiative (11065) A supplemental appropriation of One Hundred Thousand Dollars ($100,000.00) from the Operations, Maintenance, Construction, Improvement Fund of Deer Creek to be used for cost sharing for green infrastructure construction in Deer Creek Watershed Initiative (11065) in various locations in the Deer Creek Watershed; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an agreement with the Missouri Botanical Garden for the aforesaid cost sharing for construction of green infrastructure. Motion was made by Trustee Watson, seconded by Trustee Fehr that Ordinance No. 15985 be introduced. Motion passed: 6 Ayes - 0 Nays - 0 Abstain Poll Taken: M. Evans AYE, A. Fehr AYE, G. Nicozisin AYE, R. Wilson AYE, B. Wahby AYE, B. Watson AYE Introduction of Proposed Ordinance No. 15986 - Longford Drive 1851 Storm Sewer (11277) An appropriation of One Hundred Fifteen Thousand Dollars ($115,000.00) from the Operations, Maintenance, Construction, Improvement Fund of Maline Creek to be used for storm sewer construction in Longford Drive 1851 Storm Sewer (11277) 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 Contract No. 22195 with TaylorMade Construction Company LLC for storm sewer construction. Motion was made by Trustee Nicozisin, seconded by Trustee Fehr that Ordinance No. 15986 be introduced. Motion passed: 6 Ayes - 0 Nays - 0 Abstain Poll Taken: M. Evans AYE, A. Fehr AYE, G. Nicozisin AYE, R. Wilson AYE, B. Wahby AYE, B. Watson AYE Introduction of Proposed Ordinance No. 15987 - White Plains Sanitary Relief (Saltbox Dr to Cedar Creek Rd) (12280) 9 Last Revised: 9/13/22 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 White Plains Sanitary Relief (Saltbox Dr to Cedar Creek Rd) (12280) in the City of Chesterfield, 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 Nicozisin, seconded by Trustee Watson that Ordinance No. 15987 be introduced. Motion passed: 6 Ayes - 0 Nays - 0 Abstain Poll Taken: M. Evans AYE, A. Fehr AYE, G. Nicozisin AYE, R. Wilson AYE, B. Wahby AYE, B. Watson AYE Introduction of Proposed Ordinance No. 15988 - Lemay WWTF Repairs and Improvements (2023) (Grit Tanks and Secondary Clarifier Duct Bank) (Design) (13153) A supplemental appropriation of Four Hundred Thousand Dollars ($400,000.00) from the Sanitary Replacement Fund to be used for engineering during construction phase services in Lemay WWTF Repairs and Improvements (2023) (Grit Tanks and Secondary Clarifier Duct Bank) (Design) (13153) 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 Amendment No. 4 to Contract No. 21999 with Donohue and Associates, Inc. for engineering during construction phase services. Motion was made by Trustee Wahby, seconded by Trustee Fehr that Ordinance No. 15988 be introduced. Motion passed: 6 Ayes - 0 Nays - 0 Abstain Poll Taken: M. Evans AYE, A. Fehr AYE, G. Nicozisin AYE, R. Wilson AYE, B. Wahby AYE, B. Watson AYE Introduction of Proposed Ordinance No. 15989 - Stormwater Asset Investigations (2022) (13595) A supplemental appropriation of Eight Hundred Thousand Dollars ($800,000.00) from the Districtwide Stormwater Fund to be used for asset investigations and assessment of stormwater systems in Stormwater Asset Investigations (2022) (13595) throughout the Metropolitan Sewer District Service Area; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Amendment No. 2 to Contract No. 22091 with TREKK Design Group, LLC for asset investigations and assessment of stormwater systems. Motion was made by Trustee Wahby, seconded by Trustee Nicozisin that Ordinance No. 15989 be introduced. Motion passed: 6 Ayes - 0 Nays - 0 Abstain Poll Taken: M. Evans AYE, A. Fehr AYE, G. Nicozisin AYE, R. Wilson AYE, B. Wahby AYE, B. Watson AYE RESOLUTIONS Adoption of Resolution No. 3776 - Expressing the Board of Trustees’ appreciation to Kenneth Boyd for his 18 years of exemplary service to the Metropolitan St. Louis Sewer District from August 30, 2004, to his retirement effective September 1, 2022. Motion was made by Trustee Wahby, seconded by Trustee Watson for Adoption to Resolution No. 3776 Motion passed: 6 Ayes - 0 Nays - 0 Abstain Poll Taken: M. Evans AYE, A. Fehr AYE, G. Nicozisin AYE, R. Wilson AYE, B. Wahby AYE, B. Watson AYE Adoption of Resolution No. 3777 - Expressing the Board of Trustees’ appreciation to Risha Collins for her 20 years of exemplary service to the Metropolitan St. Louis Sewer District from July 29, 2002, to her retirement effective September 1, 2022. Motion was made by Trustee Wahby, seconded by Trustee Nicozisin for Adoption to Resolution No. 3777 Motion passed: 6 Ayes - 0 Nays - 0 Abstain Poll Taken: M. Evans AYE, A. Fehr AYE, G. Nicozisin AYE, R. Wilson AYE, B. Wahby AYE, B. Watson AYE Adoption of Resolution No. 3778 - Expressing the Board of Trustees’ appreciation to Robert Mosby for his 14 years of exemplary service to the Metropolitan St. Louis Sewer District from June 30, 2008, to his retirement effective September 1, 2022. Motion was made by Trustee Wahby, seconded by Trustee Watson for Adoption to Resolution No. 3778 Motion passed: 6 Ayes - 0 Nays - 0 Abstain Poll Taken: M. Evans AYE, A. Fehr AYE, G. Nicozisin AYE, R. Wilson AYE, B. Wahby AYE, B. Watson AYE Adoption of Resolution No. 3779 - FY22 Year-end Interfund Transfers Transferring unencumbered appropriated balances totaling Nine Million One Hundred Two Thousand Two Hundred 10 Last Revised: 9/13/22 Dollars ($9,102,200) from the 2022B Project Bond Fund #6839 and the Districtwide Stormwater Fund #5120 to the 2022B Senior Revenue Bond Principal and Interest Fund #2839, Stormwater Regulatory Fund #5110, Watkins Creek OMCI Fund #5587 and the Wellston OMCI Fund #5589 to allow for the proper classification of expenses in the District’s year-end financial statements. Motion was made by Trustee Fehr, seconded by Trustee Evans for Adoption to Resolution No. 3779 Motion passed: 6 Ayes - 0 Nays - 0 Abstain Poll Taken: M. Evans AYE, A. Fehr AYE, G. Nicozisin AYE, R. Wilson AYE, B. Wahby AYE, B. Watson AYE Adoption of Resolution No. 3780 – Gusdorf 2022 Exercise option year two (2) of the contract previously authorized by Ordinance No. 15490 adopted September 10, 2020, authorized the Executive Director and Secretary-Treasurer on behalf of the Board of Trustees of The Metropolitan St. Louis Sewer District to enter into a contract with Gusdorf Law Firm LLC, for collection litigation services on behalf of the District. Motion was made by Trustee Wahby, seconded by Trustee Nicozisin for Adoption to Resolution No. 3780 Motion passed: 6 Ayes - 0 Nays - 0 Abstain Poll Taken: M. Evans AYE, A. Fehr AYE, G. Nicozisin AYE, R. Wilson AYE, B. Wahby AYE, B. Watson AYE Adoption of Resolution No. 3781 – Heimos 2022 Exercise option year two (2) of the contract previously authorized by Ordinance No. 15491 adopted September 10, 2020, authorized the Executive Director and Secretary-Treasurer on behalf of the Board of Trustees of The Metropolitan St. Louis Sewer District to enter into a contract with John G. Heimos, PC Law Firm, for collection litigation services on behalf of the District. Motion was made by Trustee Wahby, seconded by Trustee Watson for Adoption to Resolution No. 3781 Motion passed: 6 Ayes - 0 Nays - 0 Abstain Poll Taken: M. Evans AYE, A. Fehr AYE, G. Nicozisin AYE, R. Wilson AYE, B. Wahby AYE, B. Watson AYE Adoption of Resolution No. 3782 – Kramer Frank 2022 Exercise option year two (2) of the contract previously authorized by Ordinance No. 15492 adopted September 10, 2020, authorized the Executive Director and Secretary-Treasurer on behalf of the Board of Trustees of The Metropolitan St. Louis Sewer District to enter into a contract with Kramer & Frank, PC, for collection litigation services on behalf of the District. Motion was made by Trustee Fehr, seconded by Trustee Wahby for Adoption to Resolution No. 3782 Motion passed: 6 Ayes - 0 Nays - 0 Abstain Poll Taken: M. Evans AYE, A. Fehr AYE, G. Nicozisin AYE, R. Wilson AYE, B. Wahby AYE, B. Watson AYE Adoption of Resolution No. 3783 – Actuarial Consultant Resolution 083022 Exercise option year three (3) of the contract previously authorized by Ordinance No. 15032, adopted October 11, 2018, which authorized the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Milliman, Inc. (Milliman), whereby Milliman will provide actuarial services for the District's Pension Plan, Defined Contribution Plan, Deferred Compensation Plan, accrued sick leave program, vacation accrual, GASB 67 and GASB 68 Pension Accounting Reporting, GASB 75 OPEB Reporting and consultant services. Motion was made by Trustee Fehr, seconded by Trustee Evans for Adoption to Resolution No. 3783 Motion passed: 6 Ayes - 0 Nays - 0 Abstain Poll Taken: M. Evans AYE, A. Fehr AYE, G. Nicozisin AYE, R. Wilson AYE, B. Wahby AYE, B. Watson AYE Adoption of Resolution No. 3784 – Pension Investment Consultant Resolution 083022 Exercise option year four (4) of the contract previously authorized by Ordinance No. 15006, adopted August 13, 2018, which authorized the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with AON Hewitt Investment Consulting, Inc. (AON), whereby AON would provide investment advisory services for the District’s Defined Benefit Plan, Deferred Compensation Plan and Defined Contribution Plan. Motion was made by Trustee Wahby seconded by Trustee Watson for Adoption to Resolution No. 3784 Motion passed: 6 Ayes - 0 Nays - 0 Abstain Poll Taken: M. Evans AYE, A. Fehr AYE, G. Nicozisin AYE, R. Wilson AYE, B. Wahby AYE, B. Watson AYE ITEMS PROPOSED FOR INTRODUCTION AND ADOPTION AT THE NEXT BOARD MEETING Introduction and Adoption of Proposed Ordinance - Emergency Repair #070 (Blair & Ferry MH Replacement) (13829) 11 Last Revised: 9/13/22 A supplemental appropriation of Two Million Five Hundred Thousand Dollars ($2,500,000.00) from the Emergency Fund to be used for emergency repair in Emergency Repair #070 (Blair & Ferry MH Replacement) (13829) 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. 22188 with Unnerstall Contracting Co., LLC for emergency repair. ANY OTHER BUSINESS THAT MAY PROPERLY BE BROUGHT BEFORE THE BOARD: • None ADJOURNMENT Trustee Evans asked for a motion to adjourn the meeting at 5:43 P.M. Motion was made by Trustee Wilson, and seconded by Trustee Watson. ~ ~ ~ ~ ~ Secretary-Treasurer