Loading...
HomeMy Public PortalAbout1670th Board Journal 4-13-20231 JOURNAL OF THE 1670th MEETING OF THE BOARD OF TRUSTEES METROPOLITAN ST. LOUIS SEWER DISTRICT April 13, 2023 BOARD OF TRUSTEES MSD STAFF PRESENT A. Fehr, Chair B. Hoelscher, Executive Director R. Wilson, Co-Chair T. Snoke, Secretary-Treasurer G. Nicozisin - virtual S. Myers, General Counsel M. Evans R. Unverferth, Director of Engineering B. Watson M. Gee, Director of Finance B. Wahby B. Berthold, Director of Operations Tracey Coleman, Director of Human Resources J. Stockmann, Asst. Director of Information Technology E. McCoy, Public Affairs Specialist T. Leuther, Maintenance Mechanic III W. Comello, Executive Assistant, Scribe MEMBERS OF THE PUBLIC Michael Murphy, SEIU Local 1 Raed Armouti, CMT Tom Sullivan Trustee Fehr called the meeting to order at approximately 5:00 p.m. Roll call was taken, Trustees Fehr, Wilson, Nicozisin, Evans, Watson, and Wahby were present. Trustee Fehr asked for the approval of the preceding meeting journal: March 9, 2023, (1669th) Board Meeting. Motion was made by Trustee Watson and seconded by Trustee Evans; all Trustees approved the motion. Comments by Board Chair: None ~ ~ ~ ~ ~ Report of The Board Committees: AUDIT COMMITTEE REPORT The Audit Committee met on April 4 at 7:30 am. The meeting was attended by Trustees Watson, Evans, Nicozisin, Wahby, and Wilson with Trustee Fehr attending online. Chairperson Watson called roll and had no introductory comments. The minutes of the February 28 Audit Committee meeting were approved. Next, Internal Audit presented a report for an audit engagement that consisted of a review of the District’s Employee Medical and Pharmacy Benefits Plan. The engagement focused on the administration of the plan, which involves processes and procedures performed by the District as well as the plan’s third-party administrator. Plan data and activity was reviewed for the 2021 plan year. The engagement received a “Satisfactory” opinion. Five (5) Opportunities for Improvement were presented and discussed with the Committee. None of the identified items were considered significant individually or in the aggregate. Two of the recommendations focused on strengthening the District’s processes for monitoring the performance of the third-party administrator. Next, Staff presented a resolution for internal audit services. The resolution authorizes the District to exercise contract option year one with Armanino LLP. The initial contract provided for an initial term of one year with four additional one-year renewal terms at the option of the District. The resolution to exercise contract option year one is resolution number 3830, item 49, on tonight’s agenda. Questions were addressed by Internal Audit and District Staff as they were received from the Committee. The next Audit Committee meeting is tentatively scheduled for Tuesday, May 2, 2023. 2 The meeting was adjourned at approximately 7:55 am. This concludes the Audit Committee Report. ~ ~ ~ ~ ~ PROGRAM MANAGEMENT COMMITTEE REPORT The Program Management Committee met on April 4, 2023 at 8:00 a.m.  The meeting was attended by Trustees Nicozisin, Evans, Wilson, Wahby and Watson, with Trustee Fehr online.  Chairperson Nicozisin called roll and had no further comments.  The minutes of the February 28, 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 No. 16084 – Jefferson Barracks (J.B.) Tunnel - Staff gave a brief presentation on the J.B. Tunnel project, and summarized all actions taken to date. This is an un-planned funding request for the project being constructed by SAK Construction, LLC. This final supplemental appropriation is required due to additional unforeseen subsurface conditions and significant price escalation on the fiberglass carrier pipe and cementitious grout being placed in the tunnel. Ordinance No. 16090 – Bissell and Lemay Fluidized Bed Incinerator – Staff gave a detailed presentation on the Design-Build procurement process and the selected contractor/design team for the project. This ordinance will authorize staff to enter a contract with Kokosing/Plocher, LLC and authorizes the initial appropriation of $101,000,000. There are planned appropriations in coming years for a total appropriation of $900,000,000 for the project. There were questions addressed by staff from Trustee Wahby on the potential for energy recovery with the project. Ordinance No. 16098 – Emergency Repair #072 - Staff provided details on this emergency sewer repair project located on Goodfellow Blvd. just south of West Florissant in the City of St. Louis. The Executive Director declared the emergency on March 10, 2023. Staff discussed the combined sewer collapse and the proximity to two existing City of St. Louis water mains impacting the repair work. Staff received questions from Trustee Nicozisin regarding the potential cause of the collapse. Ordinance Numbers 16099-16100 – Staff presented and reviewed details of two (2) planned appropriations and contract authorizations for engineering design services on tonight’s agenda. The services will provide engineering design for storm sewer and streambank stabilization projects. The projects were made possible by the District receiving ARPA (American Rescue Plan) funding allocated by the State of Missouri. Staff is requesting Introduction and Adoption on tonight’s agenda to expedite the project designs. This is necessary to accommodate restrictive timelines for the use of the funds and to allow for survey work to take place as soon as possible. Ordinance Numbers 16101-16107 – Staff requested authorization to enter into intergovernmental agreements with the Cities of Ladue, Glendale, Rock Hill, and Creve Coeur within the Deer Creek OMCI taxing districts. The City of Kirkwood within the Sugar Creek OMCI, and the City of Oakland within the Gravois Creek OMCI. The agreements will allow MSD to reimburse the municipalities for stormwater masterplans, storm sewer, and bank stabilization projects as part of the District’s OMCI Reimbursement Program. The next Committee meeting is tentatively scheduled for May 2, 2023.  The meeting was adjourned at 9:06 a.m.  This concludes the Program Management Board Comments Report. ~ ~ ~ ~ ~ FINANCE COMMITTEE REPORT The Finance Committee met on April 4, 2023, at 9:08 a.m. The meeting was attended by Trustees Wilson, Evans, Watson, Nicozisin, Wahby with Trustee Fehr online. Chairperson Evans called roll and had no further comments. The minutes of the February 28, 2023, Finance Committee meeting were approved. The first item on the agenda was the FY24 Budget Presentation. Executive Director Brian Hoelscher, Director of Finance Marion Gee, and Director of Engineering Rich Unverferth presented the District’s FY24 Strategic Business Operating Plan and Preliminary Budget. Marion also discussed the next steps in the budget process which will conclude with staff requesting adoption of the budget during the June 8th Board of Trustees meeting. 3 Marion informed the Committee that a copy of the FY25-FY28 Rate Change Proposal was provided to them this morning. The next item on the agenda was a review of the District’s Operating Fund Portfolio as of March 30, 2023 by Secretary- Treasurer Tim Snoke. Tim indicated that the portfolio complies with the District’s Investment Policy. The next Committee meeting is tentatively scheduled for Tuesday, May 2, 2023. The meeting was adjourned at 9:47a.m. ~ ~ ~ ~ ~ STAKEHOLDER RELATIONS COMMITTEE REPORT The Stakeholder Relations Committee met on April 4, 2023 at 9:47 a.m. The meeting was attended by Chairperson Wilson, trustees Evans, Nicozisin, Wahby and Watson, and on-line via Teams was Trustee Fehr. Chairperson Wilson called Roll and had no further comments. The minutes of the February 28, 2023 Stakeholder Relations Committee Meeting were approved. The Agenda and Discussion items were as follows: PRESENTATION - SEMI-ANNUAL DIVERSITY REPORT: Shonnah Paredes gave a presentation summarizing the MBE/WBE utilization and workforce metrics of MSD's Capital Improvement Replacement Program including Workforce Utilization and Small Contractor Programs for Fiscal Year Quarters 1 and 2. Shonnah then provided an update on MSD's Community Benefits Agreement activities, including Education and Internship Programs. Next, Shonnah provided the Trustees with a Disparity Study Update including Sub-Contract and new Workforce goals for both the Engineering Design Professional Services and Construction Diversity Programs. There is no Board action required at this time. ORDINANCE NO. 16109 - Classification Plan - This Ordinance will update MSD's Classification Plan and align the Plan to the recommendations from the 2023 Compensation Study for C Schedule and Unclassified positions only and changes associated with equity and business needs. ORDINANCE NO. 16110 - Compensation Plan - This Ordinance will address various clerical errors and clarify Attachment D to MSD's Compensation Plan. It also transfers the Unclassified grades with associating job titles table from the Compensation Plan to the Classification Plan. ORDINANCE NO. 16108 - Execution of a Retainer Agreement - This Ordinance will authorize the Executive Director to enter into a Retainer Agreement with AquaLaw, Napoli Shkolnik PLLC, and Robbins Geller Rudman & Dowd LLP for them to represent MSD, at no cost to MSD, in litigation against manufacturers of Perfluoroalkyl Substances (PFAS) chemicals. This litigation will seek to recoup costs from PFAS chemicals ending up in MSD’s sewer system and protect MSD’s interest while holding the manufacturers of PFAS responsible for these chemicals rather than shifting the burden to innocent rate payers. ADJOURNMENT - The meeting was adjourned at 10:12 a.m. The next Committee meeting is tentatively scheduled for May 2, 2023. This concludes the Stakeholder Relations Committee Board Comments Report. ~ ~ ~ ~ ~ Report of the Executive Director: None Comments by the Public: Chairman Fehr announced there was a member of the public present to speak, Michael Murphy, Union Representative from SEIU Local 1. Prior to the meeting, Mr. Murphy presented the Board with a letter, salary data, and a copy of an email conversation. Michael Murphy addressed the Board with concerns about the Compensation Study that showed two of his covered positions were earning 15% over market value: Treatment Plant Operator Senior and Painter. He feels this information from the study is inaccurate and noted that he provided the Board with job descriptions and salary data for comparable Senior Operator positions at Missouri American Water. He also included salary data for the Painter position that shows MSD’s pay is equal and not over range. Michael Murphy also is concerned about the data the Unions and staff were presented after the study was completed. He requested the full study data and was provided the PowerPoint presentation. He hopes when bargaining begins next year they will be provided with more detailed data to see how the other positions fared in the study. 4 Chairperson Fehr asked if there was a response from the District. Executive Director, Brian Hoelscher, addressed the comments and said that Mr. Murphy’s concerns and the information he handed out to the Board was also provided to the Civil Service Commission. They have considered his salary and position information. Mr. Hoelscher said that as mentioned in the Stakeholders meeting and report, the positions and the union represented employees Mr. Murphy is concerned about are not up for consideration this evening. Any issues can be worked through in union negotiations in 2024. 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 10 through 20. CONSENT AGENDA Adoption of Ordinance No. 16074 - Lower Meramec River System Improvements – Baumgartner to Fenton WWTF Tunnel (11746) A supplemental appropriation of Thirty-Eight Million Dollars ($38,000,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer construction in Lower Meramec River System Improvements – Baumgartner to Fenton WWTF Tunnel (11746) in Unincorporated St. Louis County, the Cities of Sunset Hills and Fenton, 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. 21914 with SAK Construction, LLC for sanitary sewer construction. Adoption of Ordinance No. 16075 - White Plains Sanitary Relief (Saltbox Dr to Cedar Creek Rd) (12280) An appropriation of One Million Eight Hundred Fifty Thousand Dollars ($1,850,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer construction in White Plains Sanitary Relief (Saltbox Dr to Cedar Creek Rd) (12280) 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. 22249 with Girdner Contracting LLC for sanitary sewer construction. Adoption of Ordinance No. 16076 - Fabick Pump Station (P-444) Improvements (SKME-404E) (11888) An appropriation of Eight Hundred Thousand Dollars ($800,000.00) from the Sanitary Replacement Fund to be used for pump station improvements in Fabick Pump Station (P-444) Improvements (SKME-404E) (11888) in the City of Fenton, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 22246 with Gershenson Construction Co., Inc. for pump station improvements. Adoption of Ordinance No. 16077 - Ballas Rd. - Balwyck Ln. Bank Stabilization (11176) An appropriation of Three Hundred Thirty Thousand Dollars ($330,000.00) from the Operations, Maintenance, Construction, Improvement Fund of Deer Creek to be used for channel stabilization in Ballas Rd. – Balwyck Ln. Bank Stabilization (11176) in the City of Des Peres, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 22242 with Gershenson Construction Co., Inc. for channel stabilization. Adoption of Ordinance No. 16078 - General Services Agreement – Property Appraisal (2021) Contract A (13087) A supplemental appropriation of Seventy-Five Thousand Dollars ($75,000.00) from the General Fund to be used for property appraisal services in General Services Agreement – Property Appraisal (2021) Contract A (13087) 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. 21968 with Real Estate Analysts Limited for property appraisal services. Adoption of Ordinance No. 16079 - General Services Agreement – Property Appraisal (2021) Contract B (13088) A supplemental appropriation of Seventy-Five Thousand Dollars ($75,000.00) from the General Fund to be used for property appraisal services in General Services Agreement – Property Appraisal (2021) Contract B (13088) 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. 21969 with Mueller & Neff Real Estate Appraisers & Consultants for property appraisal services. 5 Adoption of Ordinance No. 16080 - General Services Agreement – Property Appraisal (2021) Contract C (13089) A supplemental appropriation of Seventy-Five Thousand Dollars ($75,000.00) from the General Fund to be used for property appraisal services in General Services Agreement – Property Appraisal (2021) Contract C (13089) 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. 21970 with Volkert, Inc. for property appraisal services. Adoption of Ordinance No. 16081 - General Services Agreement – Property Appraisal (2021) Contract D1 (13869) An appropriation of Fifteen Thousand Dollars ($15,000.00) from the General Fund to be used for property appraisal services in General Services Agreement – Property Appraisal (2021) Contract D1 (13869) 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 Contract No.52000 with DJ Howard & Associates, Inc. for property appraisal services. Adoption of Ordinance No. 16082 - General Services Agreement – Property Appraisal (2021) Contract D2 (13870) An appropriation of Sixty Thousand Dollars ($60,000.00) from the General Fund to be used for property appraisal services in General Services Agreement – Property Appraisal (2021) Contract D2 (13870) 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 Contract No.52001 with Dinan Real Estate Advisors, Inc. for property appraisal services. Motion was made by Trustee Evans, seconded by Trustee Watson for Adoption of Ordinance Nos. 16074 through 16082 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 UNFINISHED BUSINESS ORDINANCES • None RESOLUTIONS • None NEW BUSINESS ORDINANCES Introduction of Ordinance No. 16084 - Jefferson Barracks Tunnel (Lemay WWTP to Martigney PS) (11711) A supplemental appropriation of Three Million Seven Hundred Fifty Thousand Dollars ($3,750,000.00) from the Sanitary Replacement Fund to be used for sanitary storage tunnel in Jefferson Barracks Tunnel (Lemay WWTP to Martigney PS) (11711) 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. 20489 with SAK Construction, LLC for sanitary storage tunnel. Motion was made by Trustee Evans, seconded by Trustee Wilson that Ordinance No. 16084 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. 16085 - DC-02 & DC-03 Sanitary Relief (Brentwood Blvd to Conway Rd) Phase Ill and Phase IV (12472) A supplemental appropriation of Three Hundred Thousand Dollars ($300,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer construction in DC-02 & DC-03 Sanitary Relief (Brentwood Blvd to Conway Rd) Phase III and Phase IV (12472) in the City of Ladue, 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. 21786 with J. H. Berra Construction Co., Inc. for sanitary sewer construction. Motion was made by Trustee Wahby, seconded by Trustee Fehr that Ordinance No. 16085 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 6 Introduction of Ordinance No. 16086 - Lower Meramec WWTF Expansion Phase II (12255) A supplemental appropriation of Thirty Million Dollars ($30,000,000.00) from the Sanitary Replacement Fund to be used for wastewater treatment plant construction in Lower Meramec WWTF Expansion Phase II (12255) 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. 22150 with Plocher Construction Company, Inc. for wastewater treatment plant construction. Motion was made by Trustee Wahby seconded by Trustee Fehr that Ordinance No. 16086 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. 16087 - Lower Meramec WWTF Expansion Phase II (Construction Management) (12255) A supplemental appropriation of Two Million Dollars ($2,000,000.00) from the Sanitary Replacement Fund to be used for construction management services in Lower Meramec WWTF Expansion Phase II (Construction Management) (12255) 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. 2 to Contract No. 21842 with KAI 360 Construction Services, LLC for construction management services. Motion was made by Trustee Wahby, seconded by Trustee Fehr that Ordinance No. 16087 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. 16088 - Harlem Cityshed Mitigation Basins (Ashland and Essex) (13231) A supplemental appropriation of Two Million Dollars ($2,000,000.00) 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 appropriate additional funds to Contract No. 22196 with Keeley Construction Group, Inc. for detention basin construction. Motion was made by Trustee Fehr, seconded by Trustee Evans that Ordinance No. 16088 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. 16089 - Baden Cityshed Mitigation Basins (Calvary, Frederick, Partridge, and Tille) - Separation Sewers (12847) A supplemental appropriation of Two Million Seven Hundred Thousand Dollars ($2,700,000.00) from the Sanitary Replacement Fund to be used for combined and storm sewer construction in Baden Cityshed Mitigation Basins (Calvary, Frederick, Partridge, and Tille) – Separation Sewers (12847) 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 to Contract No. 22134 with Unnerstall Contracting Company, LLC for combined and storm sewer construction. Motion was made by Trustee Wilson, seconded by Trustee Wahby that Ordinance No. 16089 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. 16090 - Bissell & Lemay WWTF Fluidized Bed Incinerators (12565) An appropriation of One Hundred and One Million Dollars ($101,000,000.00) from the Sanitary Replacement Fund to be used for wastewater treatment plant construction in Bissell & Lemay WWTF Fluidized Bed Incinerators (12565) in the City of St. Louis and 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. 22167 with Kokosing/Plocher, LLC for wastewater treatment plant construction. Motion was made by Trustee Wahby, seconded by Trustee Evans that Ordinance No. 16090 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 7 Introduction of Ordinance No. 16091 - Bissell & Lemay WWTF Fluidized Bed Incinerators (Design) (12565) A supplemental appropriation of Eight Million Six Hundred Thousand Dollars ($8,600,000.00) from the Sanitary Replacement Fund to be used for design in Bissell & Lemay WWTF Fluidized Bed Incinerators (Design) (12565) in the City of St. Louis and 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. 9 to Contract No. 21783 with Black & Veatch Corporation for design. Motion was made by Trustee Wilson, seconded by Trustee Fehr that Ordinance No. 16091 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. 16092 - Bissell - Coldwater - Missouri - Meramec Public I/I Reduction (2023) Contract F (13124) An appropriation of Two Million Three Hundred Sixty Thousand Dollars ($2,360,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer rehabilitation in Bissell – Coldwater – Missouri – Meramec Public I/I Reduction (2023) Contract F (13124) in the City of Florissant and 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. 22239 with Insituform Technologies USA, LLC for sanitary sewer rehabilitation. Motion was made by Trustee Fehr, seconded by Trustee Wahby that Ordinance No. 16092 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. 16093 - Greenbriar #2 Pump Station (P-448) Elimination (12291) An appropriation of Three Hundred Ninety Thousand Dollars ($390,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer construction in Greenbriar #2 Pump Station (P-448) Elimination (12291) in the City of Des Peres and 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. 22225 with Gershenson Construction Co., Inc. for sanitary sewer construction. Motion was made by Trustee Wilson, seconded by Trustee Fehr that Ordinance No. 16093 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. 16094 - Pump Station Manlift Replacement (13566) An appropriation of Four Million Seven Hundred Fifty Thousand Dollars ($4,750,000.00) from the Sanitary Replacement Fund to be used for pump station improvements in Pump Station Manlift Replacement (13566) in the City of St. Louis and 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. 22245 with Korte & Luitjohan Contractors, Inc. for pump station improvements. Motion was made by Trustee Fehr, seconded by Trustee Evans that Ordinance No. 16094 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. 16095 - Infrastructure Repairs (Rehabilitation) (2023) Contract B (13019) An appropriation of Three Million Four Hundred Thousand Dollars ($3,400,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer rehabilitation in Infrastructure Repairs (Rehabilitation) (2023) Contract B (13019) in the City of St. Louis, Municipalities of St. Louis County, and 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. 22241 with SAK Construction, LLC for sanitary sewer rehabilitation. Motion was made by Trustee Wahby, seconded by Trustee Watson that Ordinance No. 16095 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 8 Introduction of Ordinance No. 16096 - Dearborn Dr Storm Sewer (11205) An appropriation of Two Hundred Five Thousand Dollars ($205,000.00) from the Operations, Maintenance, Construction, Improvement Fund of Deer Creek to be used for storm sewer construction in Dearborn Dr Storm Sewer (11205) in the City 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. 22253 with Gershenson Construction Co., Inc. for storm sewer construction. Motion was made by Trustee Wilson, seconded by Trustee Evans that Ordinance No. 16096 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. 16097 - Stormwater Infrastructure Repairs (Rehabilitation)(2023) (13128) An appropriation of Four Million Four Hundred Thousand Dollars ($4,400,000.00) from the District Stormwater Fund to be used for storm sewer rehabilitation in Stormwater Infrastructure Repairs (Rehabilitation) (2023) (13128) in Municipalities of St. Louis County and 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. 22243 with SAK Construction, LLC for storm sewer rehabilitation. Motion was made by Trustee Wahby, seconded by Trustee Evans that Ordinance No. 16097 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 and Adoption of Ordinance No. 16098 - Emergency Repair #072 (Goodfellow & W Florissant Sewer Repair) (13913) An appropriation of Six Hundred Thousand Dollars ($600,000.00) from the Emergency Fund to be used for emergency repair in Emergency Repair #072 (Goodfellow & W. Florissant Sewer Repair) (13913) 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. 22264 with Fred M. Luth & Sons, Inc. for emergency repair. Motion was made by Trustee Fehr, seconded by Trustee Evans that Ordinance No. 16098 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 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 Watson that Ordinance No. 16098 be adopted. 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 and Adoption of Ordinance No. 16099 - General Services Agreement - Stormwater Design for ARPA Grant Projects (2023) Contract A (13710) An appropriation of Eight Hundred Thousand Dollars ($800,000.00) from the Districtwide Stormwater Fund to be used for design in General Services Agreement – Stormwater Design for ARPA Grant Projects (2023) Contract A (13710) in the City of Ferguson and 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.51001 with Intuition & Logic Engineering Inc. for design. Motion was made by Trustee Fehr, seconded by Trustee Evans that Ordinance No. 16099 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 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 Evans that Ordinance No. 16099 be adopted. 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 9 Introduction and Adoption of Ordinance No. 16100 - General Services Agreement - Stormwater Design for ARPA Grant Projects (2023) Contract B (13711) An appropriation of Nine Hundred Thousand Dollars ($900,000.00) from the Districtwide Stormwater Fund to be used for design in General Services Agreement – Stormwater Design for ARPA Grant Projects (2023) Contract B (13711) in the City of Ferguson and 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. 51002 with M3 Engineering Group, PC for design. Motion was made by Trustee Fehr, seconded by Trustee Wilson that Ordinance No. 16100 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 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 Watson that Ordinance No. 16100 be adopted. 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 The following 7 Intergovernmental Agreement Ordinances were read separately but voted on together Introduction of Ordinance No. 16101 - Deer Creek OMCI Reimbursements Program (City of Ladue Agreement) (13487) Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an intergovernmental agreement with the City of Ladue, for cost sharing for municipal stormwater expenditures in Deer Creek OMCI Reimbursements Program (City of Ladue Agreement) (13487) in St. Louis County, Missouri. Introduction of Ordinance No. 16102 - Deer Creek OMCI Reimbursements Program (City of Glendale Agreement) (13487) Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an intergovernmental agreement with the City of Glendale, for cost sharing for municipal stormwater expenditures in Deer Creek OMCI Reimbursements Program (City of Glendale Agreement) (13487) in St. Louis County, Missouri. Introduction of Ordinance No. 16103 - Deer Creek OMCI Reimbursements Program (City of Rock Hill Agreement) (13487) Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an intergovernmental agreement with the City of Rock Hill, for cost sharing for municipal stormwater expenditures in Deer Creek OMCI Reimbursements Program (City of Rock Hill Agreement) (13487) in St. Louis County, Missouri. Introduction of Ordinance No. 16104 - Deer Creek OMCI Reimbursements Program (City of Creve Coeur Agreement) (13487) Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an intergovernmental agreement with the City of Creve Coeur, for cost sharing for municipal stormwater expenditures in Deer Creek OMCI Reimbursements Program (City of Creve Coeur Agreement) (13487) in St. Louis County, Missouri. Introduction of Ordinance No. 16105 - Deer Creek OMCI Reimbursements Program (City of Creve Coeur Agreement) (13487) Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an intergovernmental agreement with the City of Creve Coeur, for cost sharing for municipal stormwater expenditures in Deer Creek OMCI Reimbursements Program (City of Creve Coeur Agreement) (13487) in St. Louis County, Missouri. Introduction of Ordinance No. 16106 - Sugar Creek OMCI Reimbursements Program (City of Kirkwood Agreement) (13490) Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an intergovernmental agreement with the City of Kirkwood, for cost sharing for municipal stormwater expenditures in Sugar Creek OMCI Reimbursements Program (City of Kirkwood Agreement) (13490) in St. Louis County, Missouri. 10 Introduction of Ordinance No. 16107 - Gravois Creek OMCI Reimbursements Program (City of Oakland Agreement) (13678) Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an intergovernmental agreement with the City of Oakland, for cost sharing for municipal stormwater expenditures in Gravois Creek OMCI Reimbursements Program (City of Oakland Agreement) (13678) in St. Louis County, Missouri. Motion was made by Trustee Fehr, seconded by Trustee Wilson for Introduction of Ordinance Nos. 16101 through 16107 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. 16108 - Authorization to Enter into a Retainer Agreement Authorizing the Executive Director on behalf of The Metropolitan St. Louis Sewer District to enter into a Retainer Agreement with AquaLaw PLC, Napoli Shkolnik PLLC, and Robbins Geller Rudman & Dowd LLP to represent MSD, at no cost to MSD, in litigation against manufacturers of Perfluoroalkyl Substances (PFAS) chemicals. Motion was made by Trustee Wahby, seconded by Trustee Fehr that Ordinance No. 16108 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. 16109 - Classification Plan Repealing Ordinance No.15745, as adopted on September 9, 2021, and enacting a new Ordinance prescribing changes to the Classification Plan to include the recommendations from the 2023 Compensation Study for C and Unclassified positions only and changes associated with equity and business needs, all changes have been approved by the Civil Service Commission. Motion was made by Trustee Wilson, seconded by Trustee Wahby that Ordinance No. 16109 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. 16110 - Compensation Plan – U Schedule Repealing Ordinance No. 15872, as adopted March 10, 2022, and enacting a new ordinance addressing clerical errors in the Compensation Plan. Motion was made by Trustee Wilson, seconded by Trustee Watson that Ordinance No. 16110 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 RESOLUTIONS Adoption of Resolution No. 3827 - Expressing the Board of Trustees’ appreciation to Jonathon Sprague for his 17 years of exemplary service to the Metropolitan St. Louis Sewer District from May 23, 2005, to his retirement effective April 1, 2023.. Motion was made by Trustee Wilson, seconded by Trustee Fehr that Resolution No.3827 be adopted. 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 Adoption of Resolution No. 3828 - Expressing the Board of Trustees’ appreciation to Jacqueline R. Gibson for her 15 years of exemplary service to the Metropolitan St. Louis Sewer District from October 15, 2007, to her retirement effective April 1, 2023. Motion was made by Trustee Wahby, seconded by Trustee Watson that Resolution No.3828 be adopted. 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 Adoption of Resolution No. 3829 - Expressing the Board of Trustees’ appreciation to William S. Hassall for his 20 years of exemplary service to the Metropolitan St. Louis Sewer District from April 10, 1998, to his retirement effective April 1, 2023. Motion was made by Trustee Wahby, seconded by Trustee Evans that Resolution No.3829 be adopted. 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 11 12 Adoption of Resolution No. 3830 - Internal Audit Services (2023 - 2024) - Armanino LLP Exercise option year one (1) of the contract previously authorized by Ordinance No. 15928, adopted June 9, 2022, which authorized the Executive Director and the Secretary-Treasury on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Armanino LLP whereby Armanino LLP would provide internal audit services for the District. Motion was made by Trustee Wahby, seconded by Trustee Wilson that Resolution No.3830 be adopted. 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 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 5:33 P.M. Motion was made by Trustee Wahby and seconded by Trustee Watson. ___________________________________ Secretary-Treasurer