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HomeMy Public PortalAbout1675th Board Journal 9-14-20231 JOURNAL OF THE 1675th MEETING OF THE BOARD OF TRUSTEES METROPOLITAN ST. LOUIS SEWER DISTRICT September 14, 2023 BOARD OF TRUSTEES MSD STAFF PRESENT A. Fehr, Chair- absent B. Hoelscher, Executive Director/CEO R. Wilson, Vice-Chair T. Snoke, Secretary-Treasurer G. Nicozisin S. Myers, General Counsel M. Evans R. Unverferth, Director of Engineering B. Watson M. Gee, Director of Finance B. Wahby - absent D. Kiveric, Asst. Director of Human Resources B. Berthold, Director of Operations J. Stockmann, Asst. Dir. of Information Technology B. McCoy, Manager of Public Affairs E. Caldwell, Public Affairs Specialist W. Comello, Executive Assistant, Scribe MEMBERS OF THE PUBLIC Bill Clarke, Engineers’ Club of St. Louis (Rate Commission) Leonard Toenjes, Associate General Contractors (Rate Commission) Ed Rhode, Rhode Communications Lance LeComb, LeComb Consultations LLC John Coffman, Consumers Council of Missouri Tom Sullivan Megan Williams, Gilmore & Bell, PC C. Todd Brady, ABNA Engineering Diana Plescia, CHGO Law (MIEC) Frank Plescia, Webster Groves, MO Trustee Wilson called the meeting to order at approximately 5:00 p.m. Roll call was taken, Trustees Wilson, Evans, Nicozisin, and Watson were present. Trustees Fehr and Wahby were absent. Trustee Wilson asked for the approval of the preceding meeting journal: August 10, 2023, (1674th) Board Meeting. Motion was made by Trustee Nicozisin and seconded by Trustee Evans; all Trustees in attendance approved the motion. Comments by Board Chair: Vice Chairperson, Trustee Wilson turned his comments to Executive Director Brian Hoelscher. Mr. Hoelscher said the Chairperson of the Rate Commission, Leonard Toenjes, will address the Board. Leonard Toenjes said he wanted to say a few words about the Rate Commission’s Final Report and Rate Recommendations recently sent to the Board. He highlighted the Commission’s dedication to considering the impact on ratepayers along with the other utility rate increases. He encouraged the Board to reach out to others for a more collaborative approach to study utility increases to lessen the impact on ratepayers in our region. Mr. Toenjes said that throughout the Rate Commission hearing process, this was a clear request for the public. Mr. Toenjes also said the Stormwater Municipal Grant Program funds, if approved by voters, needs to be distributed across the region by more than just population consideration. He offered to have the Board reach out to any of the rate Commissioners if they wish. Mr. Toenjes encouraged the Board to reach out to any of the Rate Commissioners with any questions they may have about the report. He thanked MSD staff, the Rate Commission legal and public relations teams, and consultants, plus the St. Louis ratepayers for coming to hearings and providing information to assist the Commission during this rate process. 2 Report of The Board Committees: 2023 AD HOC BOARD COMMITTEE REPORT The 2023 Ad Hoc Board Committee met on September 6, 2023, at 12:01 p.m. The meeting was attended by Vice Chairperson Wilson, Trustees Nicozisin, Watson, and Wahby. The staff present were Tracey Coleman; Brian Hoelscher, Tim Snoke, Susan Myers, Ginny Kienstra, Bret Berthold, Rich Unverferth, and Marion Gee. The Vice President of HRGov, James Arndt, was also in attendance. There were no members of the public present. Vice Chairperson Wilson called for Roll and had no further comments. The minutes from the preceding meeting on July 18, 2023, were approved. The agenda for the meeting: Closed Session - At approximately 12:02p.m. Chairperson Wilson requested a motion to move into Closed Session to discuss sealed proposals and related documents under Section 610.021(12), RSMo 1988 Supp. and all present Trustees concurred. At approximately 1:38 p.m. Vice Chairperson Wilson requested a motion to end Closed Session and return to Open Session and all Trustees concurred. Adjournment – Trustee Wilson adjourned the meeting at 1:38 p.m. The next Committee meeting date will be determined at a later time. This concludes the 2023 Ad Hoc Board Committee Comment Report. ~ ~ ~ ~ ~ AUDIT COMMITTEE REPORT The Audit Committee met on September 5 at 7:32 am. The meeting was attended by Trustees Watson, Nicozisin, and Wilson with Trustees Fehr and Wahby attending online. Chairperson Watson called roll and had no introductory comments. The minutes of the August 1 Audit Committee meeting were approved. Next, Internal Audit presented a report for an audit engagement that consisted of a review of the District’s procedures for administering construction contracts. Specifically, the engagement involved a review of contract administration procedures that include the initial execution of the contract and the funding of the related project as well as the procedures to monitor contract performance and the procedures to process payment for performance. Five contracts were selected for review and testing from the November 2022 population of open construction contracts. The contracts selected consisted of lump sum and unit cost contracts. Contract dollar values, in total, for the five contracts amounted to $57.2 million. The engagement received a “Satisfactory” or “clean” opinion. One Opportunity for Improvement was presented and discussed with the Committee. The item focused on the procedures used to review and process pay applications. Questions were addressed as they were received from the Committee. The next Audit Committee meeting is tentatively scheduled for Tuesday, October 3, 2023. The meeting was adjourned at approximately 7:45 am. This concludes the Audit Committee Report. ~ ~ ~ ~ ~ PROGRAM MANAGEMENT COMMITTEE REPORT The Program Management Committee met on September 5, 2023 at 7:47 a.m.  The meeting was attended by Trustees Nicozisin, Wilson and Watson; with Trustee Wahby and Fehr online.  Chairperson Nicozisin called roll and had no further comments.  The minutes of the August 1, 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 Numbers 16204 and 16209 – Staff provided details of six (6) 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 HGS LLC dba RES Environmental Operating Co., 3 Interfaith Residences dba Doorways, LRA c/o Green City Coalition, Procter and Gamble Co., Ronald McDonald House Charities, and the Urban League of Metropolitan St. Louis for various volume reducing bio retention basins and permeable pavements. Ordinance Numbers 16212 -16217 - Staff reviewed the details and bid information for six (6) construction projects bid over the past month. These ordinances will authorize contracts and appropriate the necessary funds for these projects. Ordinance Numbers 16218 -16219 - Staff is requesting Introduction and Adoption of two Ordinances to enter a contract with Fred M. Luth and Sons to complete work on two projects whereby the District’s original contractor was unable to complete the work. Staff has an agreement with the Surety Company for the original contractor to provide the necessary funding to complete this work. Ordinance Numbers 16221- 16224 - Staff reviewed the details of four projects 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 a total of eighteen (18) to allow the projects to remain on schedule. The project schedules are critical to ensure compliance with the District’s Consent Decree and to replace failing sewers and structures. Other Business - A presentation was given by Mr. Unverferth to inform the Board on four major capital improvement projects being constructed over the next 16-20 years. These four projects will comprise of approximately 60-70% program dollars over this period. Presentation included project sheets for each of the projects and reviewed details of the WWTP Nutrient Removal project. Staff will continuously update the details on these projects to keep the Board well informed on these critical and costly projects. The next Committee meeting is tentatively scheduled for October 3, 2023.  The meeting was adjourned at 8:31 a.m.  This concludes the Program Management Board Comments Report. ~ ~ ~ ~ ~ FINANCE COMMITTEE REPORT The Finance Committee met on September 5, 2023, at 8:33 a.m. The meeting was attended by Trustees Watson, Wilson, Nicozisin with Trustees Fehr & Wahby online. Chairperson Wilson called roll and had no further comments. The minutes of August 1, 2023, Finance Committee meeting were approved. The agenda items to be introduced tonight were presented and discussed, including a detailed discussion by Secretary-Treasurer, Tim Snoke regarding the following items: Introduction of Proposed Ordinance No. 16225. This Ordinance authorizes MSD to issue up to $330,000,000 in Subordinate Wastewater System Revenue Bonds Series 2023D (WIFIA) to be repaid over 35 years. The proceeds will be used to fund the Bissell & Lemay WWTF Fluidized Bed Incinerators. Introduction of Proposed Ordinance No. 16226. This Ordinance authorizes MSD to issue up to $260,000,000 in Subordinate Wastewater System Revenue Bonds. Series 2023E to be repaid over 30 years at a fixed rate. The proceeds will be used to fund the Bissell & Lemay WWTF Fluidized Bed Incinerators. Other items discussed during the Committee meeting included the following: 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 second quarter of 2023. The total plan assets returned 3.0% in the quarter, exceeding the policy benchmark of 2.4%. 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. Secretary- Treasurer Tim Snoke then reviewed the District’s Operating Fund Portfolio as of August 30, 2023. Tim indicated that the portfolio is in compliance with the District’s Investment Policy. The next Committee meeting is tentatively scheduled for Tuesday, October 3, 2023. The meeting was adjourned at 9:18 a.m. This concludes the Finance Committee Board Comments Report. ~ ~ ~ ~ 4 STAKEHOLDER RELATIONS COMMITTEE REPORT The Stakeholder Relations Committee met on September 5, 2023 at 9:20 a.m. The meeting was attended by Chairperson Wilson, Trustees Nicozisin and Watson, and on-line were Trustees Fehr and Wahby. Chairperson Wilson called Roll and had no further comments. The minutes of the August 1, 2023 Stakeholder Relations Committee Meeting were voted on and 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. It included a summary of Treatment Plant Compliance, Customer Service, and Collection System Maintenance Related Backups and Overflows metrics. There is no Board action required at this time. RATE COMMISSION RECOMMENDATION REPORT AND NEXT STEPS - Brian Hoelscher provided information to the Board regarding the next steps and time-frame of events for the remainder of the Rate Commission process. The Rate Commission’s Recommendation Report, dated September 5, 2023, was provided to the Board after the September 5th committee meeting as well as posted to the District's website. Brian also indicated that Public Discussion may begin at the October Committee meeting, with a resolution to follow in November. There is no Board action required at this time. ADJOURNMENT - The meeting was adjourned at 9:35 a.m. The next Committee meeting is tentatively scheduled for October 3, 2023. This concludes the Stakeholder Relations Committee Board Comments Report. ~ ~ ~ ~ ~ Report of the Executive Director: Brian Hoelscher said he will be scheduling individual meetings with the Trustees to go over the Rate Commissioners report before the October Committee meetings to ensure any and all questions the Trustees have are answered. Comments by the Public: Vice Chairperson Wilson announced that there was a member of the Public requesting to address the Board, John Coffman from the Consumers Council of Missouri. John Coffman said he was with the Consumers Council of Missouri; a consumer organization that focuses on utility issues, focusing on low and moderate income residents. He said they are concerned about where sewer rates are going in the region, as it seems water and sewer rates are going up the fastest and becoming higher than national average. He asked the Trustees to look at the minority report on page 155 of the Rate Commission’s report. (copy of page provided to Trustees) Mr. Coffman feels the choice to use the 1.8x debt service instead of staying with1.6x would have dramatic negative impact on ratepayers. He didn’t think there was sufficient evidence given to the Rate Commission to explain the need for the change to 1.8 and any minor benefit would be outweighed by the financial cost to ratepayers. He is urging the Trustees to prepare an amendment to adopt the Minority Report. Mr. Coffman said that going back to the 1.6x debt service would honor the public and the support they have given MSD throughout the Consent Decree process. Trustee Wilson introduced the next speaker, Diana Plescia, representing the Missouri Industrial Energy Consumers. Diana Plescia said she represents Missouri Industrial Energy Consumers (MIEC) that includes some MSDs largest consumers, and they are concerned about the Rate Commission’s results. She said the MIEC has been represented on the MSD Rate Commission since its inception. Specifically, the MIEC is concerned about the proposed change in debt ratio from 70/30 to 60/40. MIEC feels the higher debt coverage is unnecessary to do the proposed work necessary and maintain a healthy ratio. She is asking that the Trustees pay close attention to this specific issue when reviewing the proposal from the Rate Commission. Ms. Plescia said MIEC also are concerned about the Extra Strength Surcharge proposed which is paid for by large industrial consumers. This Surcharge will create a very large increase for industrial customers, she said in one case there is an estimated $3 million dollar increase in a short time period. Ms. Plescia said there will be a more detailed presentation on October 3rd to go deeper into the issues she has presented. Submission of Public Hearing Report: None Communications: The Secretary Treasurer, Tim Snoke, noted there was a communication to the Board received from Legal Services of Eastern Missouri that addresses many of the same issues heard in public comments that will be emailed directly to the Board after the meeting. 5 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 29. CONSENT AGENDA Adoption of Ordinance No. 16183 - CSO Volume Reduction Green Infrastructure - KETC Parking Improvements (13765) Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an agreement with Saint Louis Regional Public Media, Inc., for cost sharing for green infrastructure construction in CSO Volume Reduction Green Infrastructure – KETC Parking Improvements (13765) in the City of St. Louis, Missouri. Adoption of Ordinance No. 16184 - CSO Volume Reduction Green Infrastructure - Crescent Plumbing (14017) Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an agreement with Quadrangle Management Company, for cost sharing for green infrastructure construction in CSO Volume Reduction Green Infrastructure – Crescent Plumbing (14017) in the City of St. Louis, Missouri. Adoption of Ordinance No. 16185 - Mississippi Floodwall ORS Pump Stations - Ladder Replacements (13679) An appropriation of Six Hundred Twenty-Five Thousand Dollars ($625,000.00) from the Sanitary Replacement Fund to be used for pump station improvements in Mississippi Floodwall ORS Pump Stations – Ladder Replacements (13679) 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. 53001 with Corrigan Company for pump station improvements. Adoption of Ordinance No. 16186 - Upper Baden Sanitary Relief (Jennings Station Rd to Oakridge Blvd) (12241) An appropriation of Five Million Six Hundred Fifty Thousand Dollars ($5,650,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer construction in Upper Baden Sanitary Relief (Jennings Station Rd to Oakridge Blvd) (12241) in the Cities of Northwoods and Pine Lawn, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 53003 with Fred M. Luth & Sons, Inc. for sanitary sewer construction. Adoption of Ordinance No. 16187 - Valley View Pump Station (P-734) Replacement (12262) An appropriation of Seven Hundred Eighty Thousand Dollars ($780,000.00) from the Sanitary Replacement Fund to be used for pump station improvements in Valley View Pump Station (P-734) Replacement (12262) in the City of Wildwood, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 53006 with Kelpe Contracting, Inc. for pump station improvements. Adoption of Ordinance No. 16188 - WW-2 and WW-3 Warson Woods Sanitary Relief (12302) An appropriation of Eight Million Dollars ($8,000,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer construction in WW-2 and WW-3 Warson Woods Sanitary Relief (12302) in the Cities of Glendale, Rock Hill, Warson Woods, Ladue and Kirkwood, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 53002 with Fred M. Luth & Sons, Inc. for sanitary sewer construction. Adoption of Ordinance No. 16189 - Sutherland Lansdowne Combined Sewer Replacement (13665) An appropriation of One Million Five Hundred Thousand Dollars ($1,500,000.00) from the Sanitary Replacement Fund to be used for combined sewer construction in Sutherland Lansdowne Combined Sewer Replacement (13665) 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. 53004 with Bates Utility Company Inc. for combined sewer construction. 6 Adoption of Ordinance No. 16190 - Wildwood Manhole Replacement (13682) An appropriation of One Million Four Hundred Thousand Dollars ($1,400,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer construction in Wildwood Manhole Replacement (13682) in the City of Wildwood and Chesterfield, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 53005 with Girdner Contracting LLC for sanitary sewer construction. Adoption of Ordinance No. 16191 - Coldwater Creek WWTF Repairs and Improvements (2023) (12552) A supplemental 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 appropriate additional funds to Contract No. 22173 with Plocher Construction Company, Inc. for wastewater treatment plant construction. Adoption of Ordinance No. 16192 - Baden and Mill Creek ORS Pump Stations - Pump Rehabilitation (13219) A supplemental appropriation of Four Hundred Sixty-Four Thousand One Hundred Ninety-Two Dollars ($464,192.00) from the Sanitary Replacement Fund to be used for pump station improvements in Baden and Mill Creek ORS Pump Stations –Pump Rehabilitation (13219) 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 Fairbanks Nijhuis Pump for pump station improvements. Adoption of Ordinance No. 16193 - Stream Flow Water Quality Sampling (2023) (12806) A supplemental appropriation of Two Hundred Fifty-Eight Thousand Four Hundred Sixty Dollars ($258,460.00) from the General Fund to be used for water quality sampling in Stream Flow Water Quality Sampling (2023) (12806) District-wide; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to amend Contract No. 22214 with Geosyntec Consultants, Inc. for water quality sampling. Adoption of Ordinance No. 16194 - 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) District-wide; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to appropriate funds to Contract No. 22069 with ADS Environmental Services for flow meter and monitoring. Adoption of Ordinance No. 16195 - Critical Infrastructure Assessment and Asset Investigation (2023) (12908) A supplemental 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 Sewer District Service Area; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to appropriate additional funds to Contract No. 22201 with TREKK Design Group, LLC for asset investigations & assessment of sewer systems. Adoption of Ordinance No. 16196 - 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 & assessment of stormwater systems in Stormwater Asset Investigations (2022) (13595) throughout the Metropolitan Sewer District area; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to appropriate additional funds to Contract No. 22091 with TREKK Design Group, LLC for asset investigations & assessment of stormwater systems. Adoption of Ordinance No. 16197 - Stream Flow Gauge Operation and Maintenance (USGS) (10766) A supplemental appropriation of Five Hundred Thirty-Two Thousand Three Hundred Thirty Dollars ($532,330.00) 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. 7 Adoption of Ordinance No. 16198 - Gravois Creek OMCI Stormwater Design (2023) (13714) A supplemental appropriation of Fifty Thousand ($50,000.00) from the Operations, Maintenance, Construction, and Improvement Fund of Gravois Creek to be used for design in Gravois Creek OMCI Stormwater Design (2023) (13714) in the Cities of Crestwood, Kirkwood, and Unincorporated St. Louis County, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to amend Contract No. 22229 with Oates Associates, Inc. for design. Adoption of Ordinance No. 16199 - Easement Acquisition for Wastewater Projects (2024) (12821) An appropriation of Five Million Eight Hundred Thousand Dollars ($5,800,000.00) from the Sanitary Replacement Fund to be used for property rights acquisition in Easement Acquisition for Wastewater Projects (2024) (12821) in the entire District. Adoption of Ordinance No. 16200 - Easement Acquisition for Stormwater Projects (2024) (13168) An appropriation of Two Hundred Eighty Thousand Dollars ($280,000.00) from the District Wide Stormwater Fund to be used for property rights acquisition in Easement Acquisition for Stormwater Projects (2024) (13168) in the entire District. Adoption of Ordinance No. 16201 - Conflict of Interest Policy Repealing Ordinance No. 15744 as adopted September 9, 2021, and enacting a new ordinance in lieu thereof, establishing a Conflict of Interest Policy for District trustees, officers, and employees. Adoption of Ordinance No. 16202 - Third Party Claims Administration Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Thomas McGee, LLC to provide claims administration services for water back-up, workers compensation general liability, auto, errors & omissions, and any other claim against the District, Board of Trustees, Civil Service Commission, Rate Commission or District as may be assigned by the office of Insurance and Safety. Motion was made by Trustee Evans, seconded by Trustee Watson for adoption of Ordinance Nos. 16183 through 16202 Motion passed: 4 Ayes - 0 Nays - 0 Abstain Poll Taken: R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE UNFINISHED BUSINESS ORDINANCES • None RESOLUTIONS • None NEW BUSINESS ORDINANCES Introduction of Ordinance No. 16204 - CSO Volume Reduction Green Infrastructure – Apiary at the Park (14009) Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an agreement with HGS, LLC dba RES Environmental Operating Company, LLC, for cost sharing for green infrastructure construction in CSO Volume Reduction Green Infrastructure – Apiary at the Park (14009) in the City of St. Louis, Missouri. Motion was made by Trustee Nicozisin, seconded by Trustee Watson that Ordinance No. 16204 be introduced. Motion passed: 4 Ayes - 0 Nays - 0 Abstain Poll Taken: R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE 8 Introduction of Ordinance No. 16205 - CSO Volume Reduction Green Infrastructure – Doorways Phase II – Elliot Place (13853) Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an agreement with Interfaith Residences DBA Doorways, for cost sharing for green infrastructure construction in CSO Volume Reduction Green Infrastructure – Doorways Phase II – Elliot Place (13853) in the City of St. Louis, Missouri. Motion was made by Trustee Wilson, seconded by Trustee Nicozisin that Ordinance No. 16205 be introduced. Motion passed: 4 Ayes - 0 Nays - 0 Abstain Poll Taken: R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE Introduction of Ordinance No. 16206 - CSO Volume Reduction Green Infrastructure – Peace Park (14016) Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an agreement with LRA c/o Green City Coalition, for cost sharing for green infrastructure construction in CSO Volume Reduction Green Infrastructure – Peace Park (14016) in the City of St. Louis, Missouri. Motion was made by Trustee Watson, seconded by Trustee Evans that Ordinance No. 16206 be introduced. Motion passed: 4 Ayes - 0 Nays - 0 Abstain Poll Taken: R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE Introduction of Ordinance No. 16207 - CSO Volume Reduction Green Infrastructure – Project Terminus (14014) Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an agreement with Procter & Gamble Manufacturing Company, for cost sharing for green infrastructure construction in CSO Volume Reduction Green Infrastructure – Project Terminus (14014) in the City of St. Louis, Missouri. Motion was made by Trustee Watson, seconded by Trustee Nicozisin that Ordinance No. 16207 be introduced. Motion passed: 4 Ayes - 0 Nays - 0 Abstain Poll Taken: R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE Introduction of Ordinance No. 16208 - CSO Volume Reduction Green Infrastructure – Ronald McDonald House (14022) Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an agreement with Ronald McDonald House Charities, for cost sharing for green infrastructure construction in CSO Volume Reduction Green Infrastructure – Ronald McDonald House (14022) in the City of St. Louis, Missouri. Motion was made by Trustee Wilson, seconded by Trustee Evans that Ordinance No. 16208 be introduced. Motion passed: 4 Ayes - 0 Nays - 0 Abstain Poll Taken: R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE Introduction of Ordinance No. 16209 - CSO Volume Reduction Green Infrastructure – Urban League (14015) Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an agreement with Urban League of Metropolitan St. Louis, Inc., for cost sharing for green infrastructure construction in CSO Volume Reduction Green Infrastructure – Urban League (14015) in the City of St. Louis, Missouri. Motion was made by Trustee Wilson, seconded by Trustee Watson that Ordinance No. 16209 be introduced. Motion passed: 4 Ayes - 0 Nays - 0 Abstain Poll Taken: R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE Introduction of Ordinance No. 16210 - Dearborn Dr Storm Sewer (11205) Making a supplemental appropriation of Seventy-Five Thousand Dollars ($75,000.00) from the Operations, Maintenance, Construction and Improvement Fund of Deer Creek to be used for storm sewer construction in Dearborn Dr Storm Sewer (11205) 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 appropriate additional funds to Contract No. 22253 with Gershenson Construction Co., Inc. for storm sewer construction. Motion was made by Trustee Nicozisin, seconded by Trustee Wilson that Ordinance No. 16210 be introduced. Motion passed: 4 Ayes - 0 Nays - 0 Abstain Poll Taken: R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE 9 Introduction of Ordinance No. 16211 - Lemay WWTF Repairs and Improvements (2023) (Grit Tanks and Secondary Clarifier Duct Bank) (13153) Making a supplemental appropriation of Five Million Three Hundred Thousand Dollars ($5,300,000.00) from the Sanitary Replacement Fund to be used for wastewater treatment plant construction in Lemay WWTF Repairs and Improvements (2023) (Grit Tanks and Secondary Clarifier Duct Bank) (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 appropriate additional funds to Contract No. 22192 with Goodwin Brothers Construction Co. for wastewater treatment plant construction. Motion was made by Trustee Nicozisin, seconded by Trustee Evans that Ordinance No. 16211 be introduced. Motion passed: 4 Ayes - 0 Nays - 0 Abstain Poll Taken: R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE Introduction of Ordinance No. 16212 - Biddle 1307 Combined Sewer And Junction Chamber Repair (13701) Making an appropriation of Five Hundred Thirty Thousand Dollars ($530,000.00) from the Sanitary Replacement Fund to be used for combined sewer construction in Biddle 1307 Combined Sewer And Junction Chamber Repair (13701) 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. 53008 with Bates Utility Company, Inc. for combined sewer construction. Motion was made by Trustee Wilson, seconded by Trustee Watson that Ordinance No. 16212 be introduced. Motion passed: 4 Ayes - 0 Nays - 0 Abstain Poll Taken: R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE Introduction of Ordinance No. 16213 - Cross Timbers #705 Sanitary Replacement (13163) Making an appropriation of Eight Hundred Seventy-Five Thousand Dollars ($875,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer construction in Cross Timbers #705 Sanitary Replacement (13163) in the City of Town & Country, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 53007 with Keeley Construction Group, Inc. for sanitary sewer construction. Motion was made by Trustee Nicozisin, seconded by Trustee Wilson that Ordinance No. 16213 be introduced. Motion passed: 4 Ayes - 0 Nays - 0 Abstain Poll Taken: R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE Introduction of Ordinance No. 16214 - Valley Sanitary Relief Phase III (13444) Making an appropriation of Five Million One Hundred Fifty Thousand Dollars ($5,150,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer construction in Valley Sanitary Relief Phase III (13444) in the Cities of Clarkson Valley and Ballwin, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 53014 with Pace Construction Company, LLC for sanitary sewer construction. Motion was made by Trustee Wilson, seconded by Trustee Watson that Ordinance No. 16214 be introduced. Motion passed: 4 Ayes - 0 Nays - 0 Abstain Poll Taken: R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE Introduction of Ordinance No. 16215 - Wilton Lane Pump Station (P-412) Replacement and Storage (12288) Making an appropriation of One Million Two Hundred Thousand Dollars ($1,200,000.00) from the Sanitary Replacement Fund to be used for pump station improvements in Wilton Lane Pump Station (P-412) Replacement and Storage (12288) in the City of Kirkwood, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 53016 with Kelpe Contracting, Inc. for pump station improvements. Motion was made by Trustee Nicozisin, seconded by Trustee Watson that Ordinance No. 16215 be introduced. Motion passed: 4 Ayes - 0 Nays - 0 Abstain Poll Taken: R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE 10 Introduction of Ordinance No. 16216 - Fairway Ct 3901 Bank Stabilization (10895) Making an appropriation of Four Hundred Eighty Thousand Dollars ($480,000.00) from the Operations, Maintenance, Construction, and Improvement Fund of Coldwater Creek to be used for channel stabilization in Fairway Ct 3901 Bank Stabilization (10895) 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. 53015 with Wehmeyer Farms, Inc. for channel stabilization. Motion was made by Trustee Wilson, seconded by Trustee Nicozisin that Ordinance No. 16216 be introduced. Motion passed: 4 Ayes - 0 Nays - 0 Abstain Poll Taken: R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE Introduction of Ordinance No. 16217 - Litzsinger #10412 Storm Sewer Improvements (12900) Making an appropriation of Seventy-Five Thousand Dollars ($75,000.00) from the Operations, Maintenance, Construction, and Improvement Fund of Deer Creek to be used for storm sewer construction in Litzsinger #10412 Storm Sewer Improvements (12900) in the City of Frontenac, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 53010 with ASKR Construction LLC for storm sewer construction. Motion was made by Trustee Watson, seconded by Trustee Evans that Ordinance No. 16217 be introduced. Motion passed: 4 Ayes - 0 Nays - 0 Abstain Poll Taken: R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE Introduction and Adoption of Ordinance No. 16218 - Canterbury and Roland Sanitary Relief (Nelson Dr to Roland Blvd) (12110) Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 53026 with Fred M. Luth & Sons, Inc. to alleviate building backups and overcharged sanitary sewers in Canterbury and Roland Sanitary Relief (Nelson Dr to Roland Blvd) (12110) in the Cities of Northwoods and Pasadena Hills, Missouri. Motion was made by Trustee Nicozisin, seconded by Trustee Watson that Ordinance No. 16218 be introduced. Motion passed: 4 Ayes - 0 Nays - 0 Abstain Poll Taken: R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE The Secretary Treasurer asked if there was an objection to the Suspension of Rule, Hearing None Motion was made by Trustee Nicozisin, seconded by Trustee Watson that Ordinance No. 16218 be adopted. Motion passed: 4 Ayes - 0 Nays - 0 Abstain Poll Taken: R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE Introduction and Adoption of Ordinance No. 16219 - Schuetz Road Sanitary Relief (Forest Brook Ln to Sunny Wood Ct) (10161) Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 53025 with Fred M. Luth & Sons, Inc. to reduce basement backups and relieve overcharged sanitary sewers in Schuetz Road Sanitary Relief (Forest Brook Ln to Sunny Wood Ct) (10161) in Unincorporated St. Louis County, Missouri. Motion was made by Trustee Nicozisin, seconded by Trustee Watson that Ordinance No. 16219 be introduced. Motion passed: 4 Ayes - 0 Nays - 0 Abstain Poll Taken: R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-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. 16219 be adopted. Motion passed: 4 Ayes - 0 Nays - 0 Abstain Poll Taken: R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE Introduction of Ordinance No. 16220 - Infrastructure Repairs (Facilities) (FY2024) (12998) Making 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) (FY2024) (12998) at various locations throughout the District. Motion was made by Trustee Nicozisin, seconded by Trustee Evans that Ordinance No. 16220 be introduced. Motion passed: 4 Ayes - 0 Nays - 0 Abstain Poll Taken: R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE 11 Introduction of Ordinance No. 16221 - Conway Road Sanitary Relief (Conway Ln to Dwyer Ave) (12130) 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 Conway Road Sanitary Relief (Conway Ln to Dwyer Ave) (12130) in the City of Ladue, 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 Evans that Ordinance No. 16221 be introduced. Motion passed: 4 Ayes - 0 Nays - 0 Abstain Poll Taken: R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE Introduction of Ordinance No. 16222 - N Clay 728 Sanitary Relocation (13515) 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 N Clay 728 Sanitary Relocation (13515) in the City of Kirkwood, 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 Evans that Ordinance No. 16222 be introduced. Motion passed: 4 Ayes - 0 Nays - 0 Abstain Poll Taken: R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE Introduction of Ordinance No. 16223 - Spoede Road Sanitary Sewer Improvements (13623) 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 Spoede Road Sanitary Improvements (13623) in the Cities of Frontenac and Creve Coeur, 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. 16223 be introduced. Motion passed: 4 Ayes - 0 Nays - 0 Abstain Poll Taken: R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE Introduction of Ordinance No. 16224 - TM-01 Two Mile Creek Outfall Sanitary Relief (12231) 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 TM-01 Two Mile Creek Outfall Sanitary Relief (12231) in the Cities of Huntleigh and Ladue, 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 Evans that Ordinance No. 16224 be introduced. Motion passed: 4 Ayes - 0 Nays - 0 Abstain Poll Taken: R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE 12 Introduction and Adoption of Ordinance No. 16225 - Subordinate Wastewater System Revenue Bonds Series 2023D (WIFIA) An Ordinance authorizing and directing the issuance, sale and delivery of a Wastewater System Revenue Bond (WIFIA – Bissell and Lemay service area system improvements) series 2023D, of the Metropolitan St. Louis Sewer District; prescribing the form and details of said Bond; and authorizing certain actions and documents and prescribing other matters relating thereto. The Secretary Treasurer asked if there was an objection to the Suspension of Rule, Hearing None Motion was made by Trustee Watson, seconded by Trustee Evans that Ordinance No. 16225 be introduced. Motion passed: 4 Ayes - 0 Nays - 0 Abstain Poll Taken: R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE The Secretary Treasurer asked if there was an objection to the Suspension of Rule, Hearing None Motion was made by Trustee Nicozisin, seconded by Trustee Watson that Ordinance No. 16225 be adopted. Motion passed: 4 Ayes - 0 Nays - 0 Abstain Poll Taken: R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE Introduction and Adoption of Ordinance No. 16226 - Subordinate Wastewater System Revenue Bonds (State of Missouri - Direct Loan Program), Series 2023E Authorizing the Issuance of not to exceed $260,000,000 Principal amount of Subordinate Wastewater System Revenue Bonds (State of Missouri – Direct Loan Program) Series 2023E of The Metropolitan St. Louis Sewer District, for the purpose of improving, renovating, repairing, replacing, and equipping the District’s Wastewater System, prescribing the form and details of the Bonds and the agreements made by the District to facilitate and protect their payment; and prescribing other related matters. Motion was made by Trustee Nicozisin, seconded by Trustee Watson that Ordinance No. 16226 be introduced. Motion passed: 4 Ayes - 0 Nays - 0 Abstain Poll Taken: R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE The Secretary Treasurer asked if there was an objection to the Suspension of Rule, Hearing None Motion was made by Trustee Evans, seconded by Trustee Nicozisin that Ordinance No. 16226 be adopted. Motion passed: 4 Ayes - 0 Nays - 0 Abstain Poll Taken: R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE RESOLUTIONS Adoption of Resolution No. 3855 - Expressing the Board of Trustees’ appreciation to John R. Goergens for his 25 years of exemplary service to the Metropolitan St. Louis Sewer District from August 31, 1998, to his retirement effective September 1, 2023. Motion was made by Trustee Evans, seconded by Trustee Nicozisin that Resolution No.3855 be adopted. Motion passed: 4 Ayes - 0 Nays - 0 Abstain Poll Taken: R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE Adoption of Resolution No. 3856 - Expressing the Board of Trustees’ appreciation to Keven Taylor for his 37 years of exemplary service to the Metropolitan St. Louis Sewer District from May 27, 1986, to his retirement effective September 1, 2023. Motion was made by Trustee Wilson, seconded by Trustee Watson that Resolution No.3856 be adopted. Motion passed: 4 Ayes - 0 Nays - 0 Abstain Poll Taken: R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE Adoption of Resolution No. 3857 - General Services Agreement – Easement Acquisition Services (10842) The adoption of Resolution No. 3857 will exercise option year (1) of the contract previously authorized by Ordinance No. 15892, adopted May 12, 2022, which authorized the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with O.R. Colan Associates, Inc., whereby O.R. Colan Associates will provide General Services Agreement - Easement Acquisition Services (10842) throughout various locations within the District. Motion was made by Trustee Evans, seconded by Trustee Nicozisin that Resolution No.3857 be adopted. Motion passed: 4 Ayes - 0 Nays - 0 Abstain Poll Taken: R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE 13 Adoption of Resolution No. 3858 - Force Main Evaluation Program Support (Condition Assessment) Professional Services Agreement The adoption of Resolution No. 3858 will exercise option year three (3) of the contract previously authorized by Ordinance No. 15206, adopted July 11, 2019, which authorized the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Pure Technologies, Inc., whereby Pure Technologies, Inc. would provide professional services - force main evaluation program support (condition assessment) in St. Louis City and St. Louis County, Missouri. Motion was made by Trustee Wilson, seconded by Trustee Watson that Resolution No.3858 be adopted. Motion passed: 4 Ayes - 0 Nays - 0 Abstain Poll Taken: R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-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 Wilson asked for a motion to adjourn the meeting at 5:44 P.M. Motion was made by Trustee Nicozisin and seconded by Trustee Evans. ___________________________________ Secretary-Treasurer