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HomeMy Public PortalAbout1677th Board Journal 10-12-20231 JOURNAL OF THE 1677th MEETING OF THE BOARD OF TRUSTEES METROPOLITAN ST. LOUIS SEWER DISTRICT October 12, 2023 BOARD OF TRUSTEES MSD STAFF PRESENT A. Fehr, Chair- virtual 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 T. Coleman, Director of Human Resources B. Berthold, Director of Operations G. Kienstra, Dir. of Information Technology B. McCoy, Manager of Public Affairs W. Comello, Executive Assistant, Scribe MEMBERS OF THE PUBLIC Dr. Dennis Ganahl, MO Tax Relief Now Mike Gorman, BAI (MIEC) Diana Plescia, CHGO Law (MIEC) Frank Plescia, Webster Groves, MO (MIEC) Tom Sullivan, Xiao Dong Wang, Richmond Heights Nanhan Li, Richmond Heights Nan Wang, Richmond Heights C. Todd Brady, ABNA Engineering John Coffman, Consumers Council of Missouri Ernie Trakas, St. Louis County Council Bryce Gray, Post-Dispatch Trustee Wilson called the meeting to order at approximately 5:02 p.m. Roll call was taken, Trustees Fehr, Wilson, Nicozisin, Evans, Watson and Wahby were present. Trustee Wilson asked for the approval of the preceding meeting journal: September 14, 2023, (1675h) Board Meeting. Motion was made by Trustee Watson and seconded by Trustee Evans; all Trustees approved the motion. Trustee Wilson asked for the approval of the preceding Special Tax Levy meeting journal: September 27, 2023, (1676h) Board Meeting. Motion was made by Trustee Nicozisin and seconded by Trustee Evans; all Trustees approved the motion. Comments by Board Chair: None Report of The Board Committees: PROGRAM MANAGEMENT COMMITTEE REPORT The Program Management Committee met on October 3, 2023, at 7:39 a.m.  The meeting was attended by Trustees Evans and Wilson; with Trustees Nicozisin, Wahby, and Fehr online.  Chairperson Nicozisin called roll and had no further comments.  The minutes of the September 5, 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:  2 Ord. Numbers 16229-16233 – Staff presented and reviewed details of five (5) planned appropriations for engineering services on tonight’s agenda. The contracts will provide water quality support services and engineering design for several system improvement projects. Staff then discussed the revised MWBE sub-consultant goals for fiscal year 2024. Ord. Number 16235 - Staff discussed the planned supplemental appropriation for design services during construction on the Lower Meramec Plant Expansion project. Trustee Wahby requested information on the current construction and funding status on the project. Mr. Unverferth did not have this information immediately available but would provide the information to the Trustees prior to the Board meeting. Ordinance Numbers 16238 -16239 - Staff reviewed the details and bid information for two (2) construction projects bid over the past month. These ordinances will authorize contracts and appropriate the necessary funds for the projects. Staff discussed revised MWBE sub-contracting goals for fiscal year 2024 sewer construction projects. Ordinance Numbers 16244-16245 - Staff reviewed the details of two 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 to allow the projects to remain on schedule. The next Committee meeting is tentatively scheduled for October 31, 2023.  The meeting was adjourned at 8:14 a.m.  This concludes the Program Management Board Comments Report.  ~ ~ ~ ~ ~ FINANCE COMMITTEE REPORT The Finance Committee met on October 3, 2023, at 8:16 a.m. The meeting was attended by Trustees Wilson, Evans with Trustees Fehr, Nicozisin & Wahby online. Chairperson Evans called roll and had no further comments. The minutes of September 5, 2023, Finance Committee meeting were approved. The agenda items to be introduced tonight were presented and discussed: Proposed Ordinance No. 16246. This action authorizes the district to enter into a one-year contract with one option year with Rimini Street to provide technical support services for the Oracle EBS 12.1.3 system. This action is required for the District to continue to produce payroll, administer employee benefits, and to report and reference historical (prior to 4/17/2023) financial and human resource information. Resolution No. 3863. This resolution updates language previously contained in Resolution 2474 with revised bid variance amounts and provides additional clarity regarding timing and explanations to be provided to the Board of Trustees when a recommendation to award a construction contact to the next lowest responsive bidder is made. Introduction & Adoption of Proposed Ordinance No. 16248. This Ordinance authorizes amendments to the 2018A WIFIA Loan Agreement to align certain reporting requirements with the new 2023E WIFIA Loan Agreement. The Amendment eliminates the need for email notifications to WIFIA/EPA when certain filings are made on EMMA, updates the DUNS language to reflect registration through SAM, and aligns the due date for submission of annual financial model to match the timeline in the 2023E WIFIA Loan Agreement so that only one model has to be provided for both loans. Secretary- Treasurer Tim Snoke then reviewed the District’s Operating Fund Portfolio as of September 28, 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 31, 2023. The meeting was adjourned at 8:24 a.m. This concludes the Finance Committee Board Comments Report. ~ ~ ~ ~ STAKEHOLDER RELATIONS COMMITTEE REPORT The Stakeholder Relations Committee met on October 3, 2023, at 8:26 a.m. The meeting was attended by Chairperson Wilson and Trustee Evans and on-line were Trustees Fehr, Nicozisin and Wahby. Chairperson Wilson called Roll and had no further comments. The minutes of the September 5, 2023, Stakeholder Relations Committee Meeting were voted on and approved. The Agenda and Discussion items were as follows: 3 ORDINANCE NO. 16247 - CONFLICT OF INTEREST POLICY - Susan Myers discussed the need for an update to the District's Conflict of Interest Policy, specifically to revise Attachment B "Vendor/Contractor/Consultant Conflict of Interest Questionnaire" to include more stringent requirements per RSMo Section 105.476. ORDINANCE NOS. 16249, 16250 & 16251 - Tracey Coleman discussed new contracts for MSD's Group Vision Insurance Plan; Group Medical Plan and Stop Loss Coverage and Group Dental Plans. The new contracts will be effective January 1, 2024, through December 31, 2024, with 2 option renewal years for the Dental and Medical Plans, and 3 option renewal years for the Vision Plan. RESOLUTION NOS. 3860, 3861 & 3862 - Tracey Coleman discussed contract renewals with The Standard Life Insurance Company for MSD's FMLA Administration, Group Life & AD&D Insurance; and Group Long-Term Disability Coverage. All plans will exercise the second of two option year renewals. MSD'S DIVERSITY FY2023 ANNUAL REPORT - Shonnah Paredes gave a presentation on MSD's Annual Diversity Report for FY2023. Shonnah's presentation summarized the CIRP Construction and Design Vendor Workforce Goals and Utilization, Small Contractor Infrastructure Repairs Program, and Community Benefits Initiatives. Updates were also provided regarding the Disparity Study, program updates, and service timelines including the Diversity Compliance and Reporting System. There is no Board action required at this time. RATE COMMISSION REPORT - Brian Hoelscher provided an update to the Trustees regarding the submission of the Rate Commission Report and the responses required by MSD. Brian discussed the process for the Trustees to accept the Rate Commission Report by Resolution, the process for addressing and responding to the Commission's other Recommendations outlined in the Commission's letter, and the need to consider the items that were brought up during the public comment period at the September Board meeting. He concluded by informing the Trustees that the goal for finalizing these documents is the November committee meetings. ADJOURNMENT - The meeting was adjourned at 9:32a.m. The next meeting is tentatively scheduled for October 31, 2023. This concludes the Stakeholder Relations Committee Board Comments Report. ~ ~ ~ ~ ~ Report of the Executive Director: Brian Hoelscher read a report to the Board of Trustees: Early this week, a column was printed in the Post-Dispatch regarding MSD’s current rate proposal and the recommendation by the Rate Commission to MSD’s Board of Trustees. While the column raises important points about consumer protection, it unfortunately falls short in presenting a balanced view that considers both short-term and long-term implications. As such, MSD will be responding. The column presents a case that was considered and discussed by the Rate Commission – to lower the debt service ratio, resulting in modest savings for residential customers for the next 5-8 years. However, it neglects consideration of the long-term financial repercussions of such a move. Specifically, this approach will saddle customers with higher costs for decades to come. The suggested alternative could quite possibly, as stated by the Bond Rating Agencies, lower MSD’s Bond rating. This would likely lead to higher interest rates, which would further increase long-term costs for our customers. We stand at the halfway point of our Consent Decree with 16 more years of mandated work ahead. It's crucial that we continue to consider the long-term financial impact on our customers. We must also account for additional obligations imposed by other environmental regulations which only compound the financial burden on our customers. Remember that MSD does not have investors looking for returns, nor does it provide bonuses to any of its staff. Our only concern when developing rate proposals for review by the Rate Commission is assuring that the impact on our customers is as minimal as possible. This is a commitment we take seriously. I'd also like to address the unfounded criticism aimed at our Rate Commission. To say that the Rate Commissioners selected by the Rate Commission Organization Agencies are just a rubber stamp is simply false. If you doubt me, have an organization you wish to represent submit a proposal for the ten positions that will be advertised for the next Rate Commission in 2026. In fact, the Rate Commission Organization mentioned in the article, the Coalition for the Environment, has done more to help keep MSD rates as low as possible than any other organization in our service area. Chairman, that ends my remarks. Comments by the Public: Vice Chairperson Wilson announced that there were several members of the public requesting to address the Board, the first invited up to speak was Mike Gorman representing Missouri Industrial Energy Consumers: Mike Gorman said he has been working with MSD Wastewater Rate cases and other cases around the region 4 for many years and after review of the Rate Commission’s recommendation of awarding a rate higher than it needs to be to maintain the financial integrity of MSD, he finds the financial metrics recommended by the Rate Commission are higher than previous Rate Commission recommendations. He feels this increase is unnecessary to cover the needs of MSD’s wastewater obligations. He encouraged the Board to consider dissenting opinions on the need for the higher debt service rate. Trustee Wilson introduced the next speaker, John Coffman, representing the Consumers Council of Missouri: John Coffman introduced himself as representing the Consumers Council of Missouri and said he was concerned about the Rate Commissions recommendation to the Board of rate increase. He expressed the financial hardship of such an increase on the ratepayers of the area already hard hit by the current economy. Mr. Coffman noted that in his 30 years of experience he has rarely seen a 100% recommended rate increase approved. He is requesting the level of debt service in the Rate Commission recommendation be adjusted from 1.8 to 1.6 like the previous year’s Rate Commission recommendations and pointed to the minority report portion of the Rate Commission Proposal. Trustee Wilson introduced the next speaker, Dr. Dennis Ganahl, representing the Missouri Tax Relief Now: Dr. Dennis Ganahl introduced himself as the founder of a newer organization, Missouri Tax Relief Now. He said some may have heard of their recent campaign to freeze property taxes for Missouri senior citizens and said this is who he is here to represent. He feels the rate increases are tone deaf of the burden the ratepayers as they are already suffering financial hardships due to the current economy. He is asking the Board to push off the rate increases until the economy can recover. Trustee Wilson introduced the next speaker, Tom Sullivan: Tom Sullivan accused MSD of violating campaign finance laws and cited a previous Post-Dispatch article about staff working on campaigns during working hours. He accused MSD of also violating election laws by distributing campaign related materials without identifying it as the law requires. Mr. Sullivan said he doesn’t think that voters should support any stormwater rate increases until there are reforms at MSD to take responsibility for area stream flooding and feels the Executive Director and past Executive Director’s have failed in addressing stormwater and flooding problems. Trustee Wilson introduced the next speaker, Ernie Trakas, from St. Louis County Council: Councilman Trakas reminded the Board of Trustees they are beholden to the ratepayers of St. Louis and sole deciders of rate increases. He accused the MSD Rate Commission of not being objective, not representing the rate payers, and having a conflict of interest. He said the Rate Commission consultant, Black and Veatch, have a conflict of interest because they are also awarded contracts for work for the District. Councilman Trakas accused MSD of being a criminal enterprise and he and Councilwoman Kelli Dunaway have submitted a Sunshine request that will be used to scrutinize the operations of MSD. Submission of Public Hearing Report: None Communications: None 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 28. CONSENT AGENDA Adoption 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. Adoption 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. 5 Adoption 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. Adoption 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. Adoption 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. Adoption 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. Adoption 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. Adoption 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. Adoption 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. Adoption 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. Adoption 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 6 behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 53014 with Pace Construction Company, LLC for sanitary sewer construction. Adoption 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. Adoption 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. Adoption 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. Adoption 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. Adoption 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. Adoption 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. Adoption 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. 7 Adoption 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 Wahby, seconded by Trustee Nicozisin for adoption of Ordinance Nos. 16204 through 16217 and 16220 through 16224 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.16228 - CSO Volume Reduction Green Infrastructure - Triumph Academy (13659) 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 – Triumph Academy (13659) in the City of St. Louis, Missouri. Motion was made by Trustee Nicozisin, seconded by Trustee Watson that Ordinance No. 16228 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.16229 - Bonfils Pump Station (P-784) Rehabilitation (13439) An appropriation of Seven Hundred Seventy Thousand Dollars ($770,000.00) from the Sanitary Replacement Fund to be used for design of pump station in Bonfils Pump Station (P-784) Rehabilitation (13439) in the City of Bridgeton, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 53036 with Stantec Consulting Services, Inc. for design of pump station. Motion was made by Trustee Nicozisin, seconded by Trustee Evans that Ordinance No. 16229 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.16230 - Deer Creek OMCI Stormwater Design (2024)(Contract A) (12519) An appropriation of Six Hundred Fifty Thousand Dollars ($650,000.00) from the Operations, Maintenance, Construction, and Improvement Fund of Deer Creek to be used for design in Deer Creek OMCI Stormwater Design (2024) (Contract A) (12519) in the Cities of Kirkwood, Ladue, and University City, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 53037 with HR Green, Inc. for design. Motion was made by Trustee Wahby, seconded by Trustee Nicozisin that Ordinance No. 16230 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.16231 - General Services Agreement – Water Quality Support Services (2024) (13299) An 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 (2024) (13299) 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. 53039 with HDR Engineering, Inc. for water quality and environmental regulatory support. Ordinance 16231 was pulled from the Agenda by staff. 8 Introduction of Ordinance No.16232 - Missouri River WWTF Engine Generator Replacement and Digester System Improvements (12556) An appropriation of One Million Fourteen Thousand Dollars ($1,014,000.00) from the Sanitary Replacement Fund to be used for design of improvements in Missouri River WWTF Engine Generator Replacement and Digester System Improvements (12556) in the City of Maryland Heights, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 53035 with CDM Smith, Inc. for design of improvements. Motion was made by Trustee Wahby, seconded by Trustee Evans that Ordinance No. 16232 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.16233 - South County Relief Pump Station (P-419) Improvements (12204) An appropriation of Four Hundred Ninety-Four Thousand Dollars ($494,000.00) from the Sanitary Replacement Fund to be used for design of pump station in South County Relief Pump Station (P-419) Improvements (12204) 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. 53034 with Thouvenot, Wade & Moerchen, Inc. for design of pump station. Motion was made by Trustee Evans, seconded by Trustee Wahby that Ordinance No. 16233 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.16234 - General Services Agreement – Facility & Sewer Design (2022) Contract A (13098) A supplemental appropriation of Two Hundred Thousand Dollars ($200,000.00) from the Sanitary Replacement Fund to be used for general engineering services in General Services Agreement – Facility & Sewer Design (2022) Contract A (13098) 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. 4 to Contract No. 22119 with Donohue & Associates, Inc. for general engineering services. Motion was made by Trustee Nicozisin, seconded by Trustee Watson that Ordinance No. 16234 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.16235 - Lower Meramec WWTF Expansion Phase II (Design) (12255) A supplemental appropriation of One Million One Hundred Ninety Thousand Five Hundred Dollars ($1,190,500.00) from the Sanitary Replacement Fund to be used for engineering during construction phase services in Lower Meramec WWTF Expansion Phase II (Design) (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. 11 to Contract No. 21719 with HDR Engineering, Inc. engineering during construction phase services. Motion was made by Trustee Evans, seconded by Trustee Nicozisin that Ordinance No. 16235 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.16236 - Greenbriar #2 Pump Station (P-448) Elimination (12291) A supplemental appropriation of Two Hundred Thousand Dollars ($200,000.00) 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. Motion was made by Trustee Wahby, seconded by Trustee Evans that Ordinance No. 16236 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 9 Introduction of Ordinance No.16237- CSO – Brentwood and Red Bud Ave CSO Interceptor (I-118)/Outfall (L- 111) Elimination and Sewer Separation (12139) An appropriation of One Million One Hundred Thousand Dollars ($1,100,000.00) from the Sanitary Replacement Fund to be used for utility relocation in CSO – Brentwood and Red Bud Ave CSO Interceptor (I-118)/Outfall (L-111) Elimination and Sewer Separation (12139) in the Cities of Richmond Heights and Clayton, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an agreement with Ameren – Missouri Company, Spire Missouri Inc, Missouri American Water Company, AT&T Missouri, MCI and Charter for utility relocation. Motion was made by Trustee Nicozisin, seconded by Trustee Watson that Ordinance No. 16237 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.16238 - Infrastructure Repairs (Rehabilitation) (2024) Contract A (13020) An appropriation of Five Million Two Hundred Thousand Dollars ($5,200,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer rehabilitation in Infrastructure Repairs (Rehabilitation) (2024) Contract A (13020) in the City of St. Louis and various municipalities in 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. 53012 with SAK Construction, LLC for sanitary sewer rehabilitation. Motion was made by Trustee Wahby, seconded by Trustee Watson that Ordinance No. 16238 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.16239 - Sherwood Dr. #2790 Storm Sewer (11133) An appropriation of Two Hundred Thirty-Five Thousand Dollars ($235,000.00) from the Operations, Maintenance, Construction, and Improvement Fund of Coldwater Creek to be used for storm sewer construction in Sherwood Dr. #2790 Storm Sewer (11133) 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. 53023 with J.H. Berra Construction Co., Inc. for storm sewer construction. Motion was made by Trustee Nicozisin, seconded by Trustee Wahby that Ordinance No. 16239 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.16240 - Stormwater Infrastructure Repairs (2024) (13007) An appropriation of Five Million Dollars ($5,000,000.00) from the Districtwide Stormwater Fund to be used for repair, replacement and/or construction of inlets, manholes, sewers, and other infrastructure in Stormwater Infrastructure Repairs (2024) (13007) at various locations throughout the District. Motion was made by Trustee Nicozisin, seconded by Trustee Watson that Ordinance No. 16240 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.16241 - Coldwater Creek OMCI Reimbursements Program (St. Ann Agreement) (13488) 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 St. Ann, for cost sharing for municipal stormwater expenditures in Coldwater Creek OMCI Reimbursements Program (St. Ann Agreement) (13488) in St. Louis County, Missouri. Motion was made by Trustee Wilson, seconded by Trustee Watson that Ordinance No. 16241 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.16242 - Deer Creek OMCI Reimbursements Program (City of Des Peres 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 Des Peres, for cost sharing for municipal stormwater expenditures in Deer Creek OMCI Reimbursements Program (City of Des Peres Agreement) (13487) in St. Louis County, Missouri. Motion was made by Trustee Wahby, seconded by Trustee Nicozisin that Ordinance No. 16242 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 10 Introduction of Ordinance No.16243 - Deer Creek OMCI Reimbursements Program (City of Town and Country 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 Town and Country, for cost sharing for municipal stormwater expenditures in Deer Creek OMCI Reimbursements Program (City of Town and Country Agreement) (13487) in St. Louis County, Missouri. Motion was made by Trustee Watson, seconded by Trustee Evans that Ordinance No. 16243 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.16244 - McCutcheon Rd and Thorndell Sanitary Relief (12346) 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 McCutcheon Rd and Thorndell Sanitary Relief (12346) in the City of Richmond Heights, Missouri to serve the needs of residents of the area, and authorizing staff to proceed with further condemnation efforts related to the project, including but not limited to the purchase and/or the filing of all necessary court pleadings or documents to commence and prosecute formal legal proceedings for the acquisition of said easements and temporary construction easements. Motion was made by Trustee Wahby, seconded by Trustee Evans that Ordinance No. 16244 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.16245 - Normandie Sanitary Relief (Page Ave to Saint Charles Rock Road) (12360) 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 Normandie Sanitary Relief (Page Ave to Saint Charles Rock Road) (12360) in the Cities of Pagedale, Hanley Hills, Bel Nor, and Unincorporated St. Louis County, Missouri to serve the needs of residents of the area, and authorizing staff to proceed with further condemnation efforts related to the project, including but not limited to the purchase and/or the filing of all necessary court pleadings or documents to commence and prosecute formal legal proceedings for the acquisition of said easements and temporary construction easements. Motion was made by Trustee Wilson, seconded by Trustee Nicozisin that Ordinance No. 16245 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.16246 - Oracle EBS 12.1.3 Support Services Authorizing 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 Rimini Street, whereby Rimini Street will provide Oracle EBS 12.1.3 Support Services for the District. Motion was made by Trustee Wahby, seconded by Trustee Nicozisin that Ordinance No. 16246 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 Nicozisin that Ordinance No. 16246 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 of Ordinance No.16247 - Conflict of Interest Policy Repealing Ordinance No. 16201, as adopted September 14, 2023, and enacting a new ordinance in lieu thereof, establishing a Conflict of Interest Policy for District trustees, officers, and employees with an updated Vendor/Contractor/Consultant Conflict of Interest Questionnaire attachment. Motion was made by Trustee Nicozisin, seconded by Trustee Evans that Ordinance No. 16247 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 11 Introduction and Adoption of Ordinance No.16248 – WIFIA Loan Agreement Amendment Amending the WIFIA loan agreement (WIFIA ID – N17132MO) dated December 19, 2018 between the Metropolitan St. Louis Sewer District and the United States Environmental Protection Agency. Motion was made by Trustee Wahby, seconded by Trustee Watson that Ordinance No. 16248 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 Nicozisin that Ordinance No. 16248 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 of Ordinance No.16249 - Group Vision Services 2024 Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with National Vision Administrators, L.L.C. (NVA) to provide vision plan benefits for the District's employees and family members. The Secretary Treasurer asked if there was an objection to the Suspension of Rule, Hearing None Motion was made by Trustee Wilson, seconded by Trustee Nicozisin that Ordinance No. 16249 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.16250 - Group Medical Services 2024 Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with CIGNA Healthcare to provide medical plan benefits for the District's employees and family members. Motion was made by Trustee Wilson, seconded by Trustee Nicozisin that Ordinance No. 16250 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.16251 – Group Dental Services 2024 Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with CIGNA Healthcare to provide dental plan benefits for the District's employees and family members. Motion was made by Trustee Wilson, seconded by Trustee Evans that Ordinance No. 16251 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. 3859 - Power Systems Studies Resolution No. 3859 will exercise option year three (3) of the contract previously authorized by Ordinance No. 15489, adopted September 10, 2020, which authorized the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Ross & Baruzzini, whereby Ross & Baruzzini would provide power systems studies for the District. Motion was made by Trustee Evans, seconded by Trustee Watson that Resolution No.3859 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. 3860 – Standard Life Insurance - FMLA The adoption of Resolution No. 3860 will exercise option year two (2) of the contract previously authorized by Ordinance No. 15795, adopted November 10, 2021, which authorized the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Standard Life Insurance Company, whereby Standard Life Insurance Company, would provide FMLA administration Districtwide. Motion was made by Trustee Wilson, seconded by Trustee Evans that Resolution No.3860 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 12 Adoption of Resolution No. 3861 – Standard Life Insurance Group Life and ADD The adoption of Resolution No. 3861 will exercise option year two (2) of the contract previously authorized by Ordinance No. 15796, adopted November 10, 2021, which authorized the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Standard Life Insurance Company, whereby Standard Life Insurance Company would provide group life and accidental death and dismemberment insurance Districtwide. Motion was made by Trustee Wahby, seconded by Trustee Evans that Resolution No.3861 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. 3862 – Standard Life Insurance Long Term Disability The adoption of Resolution No. 3862 will exercise option year two (2) of the contract previously authorized by Ordinance No. 15797, adopted November 10, 2021, which authorized the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Standard Life Insurance Company, whereby Standard Life Insurance Company would provide group long-term disability coverage Districtwide. Motion was made by Trustee Wilson, seconded by Trustee Watson that Resolution No.3862 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. 3863 – Replacement of Bid Guidelines Resolution 2474 The adoption of Resolution No. 3863 will replace Resolution No. 2474, adopted October 3, 2002 Motion was made by Trustee Wilson, seconded by Trustee Evans that Resolution No.3863 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: Closed Session: Trustee Wison called for a vote to go into Closed Session at 5:49 p.m. Trustee Evans motioned, and Trustee Watson seconded the motion; all Trustees in attendance approved the motion via roll call vote. The Board of Trustees returned from Closed Session and Trustee Wilson called for a motion to go into Open Session at 6:52 p.m. Trustee Evans motioned, and Trustee Nicozisin seconded the motion; all Trustees in attendance approved the motion via roll call vote. ADJOURNMENT Trustee Wilson asked for a motion to adjourn the meeting at 6:53 p.m. Motion was made by Trustee Wahby and seconded by Trustee Evans. ___________________________________ Secretary-Treasurer