HomeMy Public PortalAbout1678th Board Journal 11-9-20231
JOURNAL OF THE 1678th MEETING OF THE BOARD OF TRUSTEES
METROPOLITAN ST. LOUIS SEWER DISTRICT
November 9, 2023
BOARD OF TRUSTEES MSD STAFF
Amy Fehr, Chair- virtual Brian Hoelscher, Executive Director/CEO
Richard Wilson, Vice-Chair Tim Snoke, Secretary-Treasurer
Greg Nicozisin Brian Stone, Attorney III
Michael Evans Rich Unverferth, Director of Engineering
Brian Watson Marion Gee, Director of Finance
Brian Wahby Tracey Coleman, Director of Human Resources
Bret Berthold, Director of Operations
Jason Stockmann, Asst. Dir. of Information Tech.
Bess McCoy, Manager of Public Affairs
Sean Stone, Sr. Public Affairs Specialist
Todd Loretta, Audit Administrator
Marcus Stewart, IT Service Delivery Mgr
Wendi Comello, Executive Assistant / Scribe
MEMBERS OF THE PUBLIC
John Coffman, Consumers Council of Missouri Sandra Padgett, Consumers Council of Missouri
Elaine Laura, Urban League Block Unit 10 Robert Truman, Channel 5
Don Galloway, Channel 5 Tom Sullivan
Lance LeComb C. Todd Brady, ABNA Engineering
Bryce Gray, Post-Dispatch Pamela Talley
Barbara Robinson Shiela Davis
Caryon Kirkland Jackie Hutchison, Consumers Council of Missouri
Diana Plescia, MIEC Frank Plescia, MIEC
Justin Andrews, KMOV Adam Randall, KMOV
Kelly Haywood Richard Ellis, FPLP Community
Chairperson Fehr called the meeting to order at approximately 5:00 p.m. Roll call was taken, Trustees Fehr, Wilson, Nicozisin, Evans, Watson and Wahby were present.
Trustee Fehr asked for the approval of the preceding meeting journal: October 12, 2023, (1677h) Board Meeting. Motion was made by Trustee Wilson 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 31, 2023, at 7:30 a.m. The meeting was attended by Trustees Wahby, Evans, and Wilson; with Trustees Nicozisin, Watson, and Fehr online.
Chairperson Nicozisin called roll and had no further comments.
The minutes of the October 3, 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:
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Ordinance Number 16252 - Staff discussed the planned supplemental appropriation for the Bissell & Lemay Fluidized Bed Incinerator Project. The One Hundred Seventy-One Million Dollar ($171,000,000.00) appropriation is the second appropriation for the project. Mr. Unverferth provided an update on project activities and answered questions from the Trustees.
Ordinance Numbers 16253 -16254 - Staff reviewed the planned supplemental appropriations for Harlem Baden Trunk Sewer and the Lower Meramec Treatment Plant Expansion projects. Both appropriations will fully fund these
projects.
Ordinance Numbers 16256-16257 – Staff presented and reviewed details of two (2) contracts for General Engineering Services. The contracts will provide construction management and engineering design for system improvement projects. Both contracts are renewable for one additional year.
Ordinance Number 16258 - Staff reviewed the details of the Hallstead Storm Channel project currently in easement acquisition. Staff has been unable to obtain necessary property rights on one parcel. The property rights will provide
the main access for the channel improvement project. The property owner has not responded to staff outreach. Staff is requesting authorization to move forward with condemnation. This project is one of several District
stormwater projects being funded by American Rescue Plan (ARPA) funding authorized by the State of Missouri.
The next Committee meeting is tentatively scheduled for December 5, 2023. The meeting was adjourned at 7:43
a.m.
This concludes the Program Management Board Comments Report.
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FINANCE COMMITTEE REPORT
The Finance Committee met on October 31, 2023, at 7:45 a.m. The meeting was attended by Trustees Wilson, Evans, Wahby with Trustees Fehr, Nicozisin & Watson online.
Chairperson Evans called roll and had no further comments.
The minutes of the October 3, 2023, Finance Committee meeting were approved.
The first item on the agenda was a review of the District’s Operating Fund Portfolio as of October 26, 2023, by Secretary – Treasurer Tim Snoke. Tim indicated that the portfolio is in compliance with the District’s Investment Policy.
Next, Director of Finance Marion Gee presented the Quarterly Adjustment Review Committee report as required by
ordinance.
The next Committee meeting is tentatively scheduled for Tuesday, December 5, 2023. The meeting was adjourned
at 7:50 a.m.
This concludes the Finance Committee Board Comments Report.
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STAKEHOLDER RELATIONS COMMITTEE REPORTS
The Stakeholder Relations Committee met on October 26, 2023, at 11:00 a.m. The meeting was attended in-person by Chairperson Wilson and Wahby, with Trustees Evans, Fehr, Nicozisin, and Watson participating on-line.
Agenda Item No. 1 - Chairperson Wilson called Roll and noted all Trustees were accounted for.
Agenda Item No. 2 - Brian Hoelscher began the meeting by indicating the presentations for this meeting are in response to the Rate Recommendation Report of the Rate Commission of the Metropolitan St. Louis Sewer District, specifically the proposed Wastewater Rates. Two general topics will be addressed to include the Debt-Coverage
Ratios used by MSD in its Financial Plan in the Rate Proposal and whether or not to phase in the increased cost for Extra-Strength Surcharge, paid for by commercial entities that discharge Extra-Strength Waste. These are topics of two minority reports in the Rate Commission’s Rate Recommendation Report. Brian explained that present at today's meeting are representatives of Missouri Industrial Energy Consumers MIEC and the Consumers Council of
Missouri, who will have 40 minutes to speak. Speaking for the last 20 minutes will be MSD's Secretary-Treasurer Tim Snoke addressing the results in the final Rate Commission Report.
Agenda Item No. 3 - Speaking first was John Coffman of the Consumers Council of Missouri. Mr. Coffman spoke in reference to the Debt-Coverage Ratios used by MSD and not the Extra-Strength Surcharge. Mr. Coffman's
request is for MSD to accept the rate structure resulting from the minority report.
Next, Sandra Padgett, Executive Director of Consumers Council spoke. Ms. Padgett explained that the Council held
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two Customer Assistance public meetings and as a result of these public meetings, she expressed the concerns of the rate payers to even slight increases in their current utility bills. She also requested that the MSD Trustees
consider adopting the rate structure resulting from the Debt Coverage Ratio Minority Report.
Next, Diana Plescia spoke on behalf of MIEC. Ms. Plescia wanted to express MIEC's disagreement with the Rate Commission’s Rate Recommendation Report. She requested the Board look again at the two Minority Reports and consider accepting the rate structure resulting from both minority reports.
The next scheduled speaker from MIEC was not yet present at the meeting and a decision was made to continue to the next Agenda item.
Agenda Item No. 4 - Next, Tim Snoke, Secretary-Treasurer gave a presentation on MSD's Rate Proposal Financing Plan that was the basis of the proposal accepted by the Rate Commission. Mr. Snoke explained that accepting the rate structure resulting from the minority reports would result in higher future debt service costs, higher future interest costs, and thus higher future rates compared to the proposal recommended by the Rate Commission.
Continuation Of Agenda No. 3 - Mike Gorman provided additional information on behalf of MIEC. Mr. Gorman provided a presentation comparing MSD's proposed debt service coverage rates to the Minority Report rate coverage and increase as prepared by MIEC. Mr. Gorman's request was that the Board of Trustees accept the rate structure resulting from both minority reports.
Adjournment - The meeting was adjourned at 12:10 p.m.
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The Stakeholder Relations Committee met on October 31, 2023, at 7:51 a.m. The meeting was attended by Chairperson Wilson and Trustee Evans and Wahby, and on-line were Trustees Fehr, Nicozisin and Watson.
Chairperson Wilson called Roll and had no further comments.
The minutes of the October 3, 2023, Stakeholder Relations Committee Meeting were voted on and approved.
The Agenda and Discussion items were as follows:
Low-Income Household Water Assistance Program (LIHWAP) and Customer Assistance Program (CAP) - Marion
Gee provided an update to the Trustees on two customer assistance programs available to MSD rate payers. The first program Marion discussed was the Federal Low-Income Household Water Assistance Program, or LIHWAP, and the second program was MSD's Customer Assistance Program, or CAP. Marion explained that the LIHWAP program was initiated during the COVID 19 pandemic and was set to expire September 30, 2023, but has since
been extended to March 31, 2024. He then explained that MSD's ratepayers who are eligible for the LIHWAP program are also eligible for MSD's CAP program. MSD staff will be reaching out to those customers to determine
if they are using both programs. There is no Board action required at this time.
Resolution No. 3869 - Tracey Coleman discussed the Medical Services for District Staff contract renewal. This Resolution will authorize the District to exercise the first of four option renewal years with BJC Corporate Health Services.
Resolution No. 3867 - Susan Myers discussed a contract renewal with Beck, Dickhaus & Associates, LP for Collection of Excess Proceeds From Properties Sold at Auction. The Resolution will authorize the District to exercise
the third of four option renewal years.
Resolution No. 3868 - Susan Myers discussed a contract renewal with Kyna Iman, LLC for State Legislative
Lobbying Services. This Resolution will authorize the District to exercise the fourth and final option year.
MSD'S Federal and State Legislative Lobbying Priorities for 2024 - Susan Myers provided the Trustees with MSD's
Legislative Lobbying Priorities with our State and Federal lobbyists for the 2024 Congressional year. Susan provided a summation of the State and Federal priorities, noting the new priorities added and indicating all others remained
the same as in previous years. There is no Board action required at this time.
MSD'S response to Rate Commission Letter - Brian Hoelscher discussed the proposed response to the Rate
Commission's letter dated September 5, 2023. He began by discussing the five (5) items in the Commission's Transmission Letter. The first item was a recommendation to expand MSD's Customer Assistance (CAP) program;
next the Commission suggested the establishment of a Utility Rate Payer Financial Impact Task Force and proposed MSD facilitate this process; the next request to explore the expansion of metering in the City of St. Louis
and to develop a program to offer to those who request installation which would be coordinated by the City; next, a request was made to inquire as to MSD's possibility of accessing funds from the recent St. Louis Rams settlement;
last, a recommendation was made to explore the establishment of a Stormwater Municipal Grant Program to direct how unused funds should be distributed. Brian then explained to the Trustees how MSD's response to these items
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would be addressed, timeline of response and required Board action if any.
Resolution No. 3866 - Brian Hoelscher discussed a Resolution to formally acknowledge the Board of Trustees
acceptance of the Rate Commission Recommendation Report dated September 5, 2023.
Ordinance Nos. 16259 & 16260 - Tim Snoke provided information to the Trustees regarding Ordinances to place a Bond Authorization and a Stormwater Capital Rate and Ad Valorem Property Tax Rate on the April 2, 2024, ballots in St. Louis City and St. Louis County. He then illustrated the proposed ballot language for both propositions.
Closed Session - Trustee Wilson called a vote at approximately 8:54a.m. to move the meeting to Closed Session to discuss Personnel Actions Under Section 610.021(3), RSMo. 1988 Supp., and Legal, Confidential or Privileged
Matters Under Section 610.021(1), RSMo. 1988 Supp.
Trustee Wilson called a vote and moved the meeting to Open Session at approximately 10:10 a.m.
Adjournment - The meeting was adjourned at 10:11a.m. The next meeting is tentatively scheduled for December 5, 2023.
This concludes the Stakeholder Relations Committee Board Comments Report.
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Report of the Executive Director: Brian Hoelscher read a report to the Board of Trustees:
Trustees, I want to use my report tonight to make sure that the public gets an accurate picture of the factors you are considering with regard to the recommendation of the independent Rate Commission. Remember that MSD has an identified extensive 15-20 year Capital Program driven by federally mandated improvements and schedules.
This requires long range financial planning to execute the program and to keep ratepayer costs as low as possible both now and in the future.
Before I start, I do want to mention how frustrating it can be for MSD to have to continuously chase down rumors generated by individuals and groups who have not even approached MSD about facts. These include statements like; “MSD gives out bonuses to its staff”, we do not, we are a not-for-profit Municipal Corporation. “MSD is planning to not borrow any money”. That decision is left to the ratepayers. And finally, that “MSD has changed its financial
goals and metrics this Rate Proposal”. That is completely false.
Of all the inaccuracies that have been communicated, I want to address four. First, the claim that MSD has changed its financial goals. That is false. The main claim is that we have changed our debt coverage goals for all in debt from 1.6 times to 1.8 times. In fact, for the two previous Rate Commission recommendations that the MSD board
has approved, and for the current recommendation of the Rate Commission, during which time I was the Executive Director, MSD has held that metric at 1.8 times. That is what we consider when evaluating the rates proposed by
the Rate Commission, and it is the goals we communicate to the bond rating agencies as well as our potential investors. Some parties have tried to convey that the Rate Commission has the ability to mandate these goals to MSD. That is false. The best recent proof I can give is the information provided by Tim Snoke on October 26 showing that MSD met our 1.8 times debt coverage ratios during the execution of the last two rate proposals and plan on
meeting them with the current recommendation of the Rate Commission.
The second dubious claim is that MSD’s Rate Commission is not effective. To understand the process, realize that
MSD’s Board selects the organizations based on those that submitted interest and the standards listed in our Charter. It is then the responsibility of those organizations to select a delegate. Having participated now in 5 Rate Commissions, I am amazed how a majority of those delegates are there not primarily to advocate for the organization that selected them as a delegate but take very seriously the job of making sure that MSD is providing
the services required by our Charter in the appropriate way and at the least cost to our customers. If you have any doubts and have never taken the time to attend a full proposal review by the independent MSD Rate Commission,
I suggest you do so.
Third, what is the MSD Board of Trustees tasked to do? Their main responsibility, that has been inaccurately quoted
by others, is to determine whether or not the recommendation of the Rate Commission regarding the proposed rates and taxes “Imposes an unfair or excessive burden on one or more classes of ratepayers”. MSD’s Board of
Trustees can accept the Rate Commission’s recommendation regarding proposed rate and tax changes, or it can reject the Rate Commission’s recommendation and make its own findings. MSD’s Board of Trustees can use the information provided in the Rate Commission recommendation report, public comment, or any other alternatives or information it may wish in making that determination. The final result is either a passage of a Resolution accepting
the Rate Commission’s recommendation for rates and taxes, or a letter to the Rate Commission indicating what part of their recommendation on rates and taxes they have rejected, and why, and how the Board of Trustees plans
to proceed.
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Finally, we need to be very clear on what the options are and what they mean for the ratepayer. The recommendation by the Rate Commission for wastewater rates are based on the same 1.8 times debt coverage that MSD has been using to execute the past two rate commission recommendations. Assuming the Rate Payers approve additional MSD bonding authority for this period, the increase for the metered residential customers is 32% over the next 4 years and 22% for the next 4 years for the unmetered residential customers in the City of St. louis. The Rate Commission Minority Report being forwarded by the Missouri Industrial Energy Consumers and the
Consumer’s Council would result in the cost for residential customers being an average of $2.35 less per month for 7 years followed by approximately 35 years of rates greater than what would result from the MSD proposal that was recommended by the Rate Commission. In addition, the Minority Report program would require MSD to lower its debt coverage ratios below what has been used for the past decade to 1.6 times, quite possibly resulting in a
lowering in MSD’s Bond Rating and resulting in additional increased costs to the Rate Payer for additional debt service costs (through approximately 2060).
MSD staff is not taking a position on which approach is the best. It is, however, MSD staff’s responsibility to make sure the Board of Trustees has available to it the actual financial impact to our Rate Payers of whatever direction they choose. I know that the Board of Trustees’ job has been made even harder by the amount of misinformation that is being conveyed by various parties, but the Board of Trustees can trust that MSD staff will execute whatever
rate plan they approve to the best of our ability.
Some of the other items I was going to add to my report – we have had some recent communication updates. The
City of St. Louis posted a Resolution recommending approval of the Minority Report. A copy of the Resolution with further information to clear up some of the inaccuracies was sent to the Board of Aldermen individually. I was able
to speak last night at a Committee Meeting regarding the Resolution.
St. Louis County Council had an almost identical Resolution on their Tuesday night meeting agenda passed.
Unfortunately, because of how it was listed in the Agenda, we were not aware that it was regarding MSD. We have sent further information to the County Council members indicating that MSD would meet with them to discuss, and
we already have meetings set up with some Council members.
Finally, there was an item mentioned in Trustee Wilson’s report from the Stakeholder’s Committee that is something
that gets lost because it isn’t part of the Rate Approval process Resolution, but a response to some of the other recommendations in the Rate Commissions report. An elected official recently asked a question about this so I
thought it would be worthwhile to make everyone aware of one of the provisions. One of the recommendations from the Independent Rate Commission is to accept rates and taxes as presented, but also requires MSD to look to
expand the Customer Assistance Program (CAP). MSD Staff views this item as probably the most important one of all the recommendations that the Independent Rate Commission had listed. The recommendation is to expand the
CAP program within the rates they have approved. Though this step is a bit premature, Marion Gee and I have been discussing ways to accomplish this request. We are investigating ways to expand the CAP program beyond
the boundaries of where it is now; based on many of the public comments. We should be able to have a proposal to present to the Board in January. We are researching ways to expand the program to cover the individuals that
don’t quite qualify currently. The goal is to try and provide equal if not more assistance, and less of a financial burden on those customers than what is being offered in the Minority Report. This piece of the process would occur
after the Board decides what to do with the Rate Commission’s Rate and Tax recommendations. The goal of this CAP program change is to institute it at the start of the next fiscal year when this Rate Commission rate
recommendation would take effect.
Madam Chairperson, that is the end of my report.
Comments by the Public: Chairperson Fehr announced that there were several members of the public requesting to address the Board, the first invited up to speak was John Coffman, representing the Consumers Council of Missouri:
John Coffman introduced himself as representing the Consumers Council of Missouri and said he agreed with how Brian Hoelscher described the standard in which the Board is under to look at whether there is an excessive burden on the public. He asked the Board to look through the Rate Commissions report and see if there is any evidence of what the burden is on the customer classes. He said he would argue that everything in the report deals with the financials of MSD and not the financial impact to the customers. He said there wasn’t any economic data, such as poverty rates and utility burdens; he feels this is a deficiency in the record. Mr. Coffman said that MSD winning everything they requested isn’t common within any of the other rate cases he has seen in 30 years with Spire, Ameren, or Missouri American Water. He said there is usually some middle ground that is agreed upon.
He disagrees with what Brian Hoelscher said about debt interest coverage ratios. He said there has been some confusion in the points he has been making – he said this isn’t about MSD financial policy, but the assumptions
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built into the calculation of rates have previously been 1.6 which produced an actual 1.8. MSD has overperformed, over collected or had extra money so if you set this at 1.8 you might receive 2.0. We are asking for something reasonable: to not apply extra layer of cash on top of what is needed to provide the service and be consistent to what was done in previous rate cases.
Trustee Fehr introduced the next speaker, Elaine Laura, from Urban League Block Unit 10:
Elaine Laura told the Board that she and the members of the Urban League Block Unit 10 reject the unmetered,
flat rate billing practice of MSD and St. Louis City Water. She said she wanted MSD to live up to their Vision, Mission, and Values Statements and fairly treat all the customers by billing for accurately metered water usage. Ms. Laura said that commercial properties in the city are metered, but not all the city residents have meters and she wants MSD and St. Louis City Water to provide meters and bill according to usage.
Trustee Fehr introduced the next speaker, Tom Sullivan:
Tom Sullivan said he thinks that the Board should delay action in accepting the Rate Commission
recommendation. He said there has been a lot of discussion about the fairness of the proposed rates and doubts the Board has all the relevant information. A delay would allow the Board to clear any questions about the fairness of increasing sewer bills by 32% during the worst inflation we’ve had in 40 years. He said there was little public participation in the Rate Commission’s hearings, and they were designed to minimize participation.
He said he wonders if MSD should continue as it is because he doesn’t think MSD is living up to what the freeholders drafted when the sewer district was created.
Trustee Fehr introduced the next speaker, Sheila Davis, St. Louis City Resident:
Sheila Davis introduced herself as a senior citizen, resident of the Fountain Park neighborhood and wanted to share her customer burden story. She explained that she lives in an older home that has been in her family for six generations and she has struggled to keep up with the repairs and upkeep of the home. She said she is 71
years old and still works because she can’t afford to not continue working. She said she loves her home and community and doesn’t want to move and that every utility rate increase makes it harder to afford medicine,
groceries and gas for her and her neighbors. Ms. Davis also requested MSD come up with a program to help homeowners with utility liens on their properties, so they don’t have to lose or sell their homes. She said before issues of clean energy and the environment are considered, affordability of housing, utilities, and better paying jobs should be a priority.
Trustee Fehr introduced the next speaker, Pamela Talley, St. Louis City Resident:
Pamela Talley passed on her invitation to speak.
Trustee Fehr introduced the next speaker, Barbara Robinson, St. Louis City Resident:
Barbara Robinson also came to share her burden story and request that MSD not raise rates. She said she has
lived in her 100 yr. old home for 30 years with her husband and 3 children. She explained that bill paying is a juggle between paying for utilities or being able to afford food. She said her sewer bill is $114 per month and
with her home not being metered, a 22% increase would be a hardship she and her family cannot afford to pay.
Trustee Fehr introduced the next speaker, Jacqueline Hutchison, Consumer Council of Missouri:
Jacqueline Hutchison introduced herself as the Director of Advocacy for the Consumers Council of Missouri. She said she works in the communities helping families struggling with the burden of high energy costs. She
said that any increase for these struggling families will impact their health and safety because they will have to choose between paying bills and their basic needs.
Ms. Hutchison said she wanted to clear up some things she heard earlier. She said that the LIHWAP program has extended the processing of existing applications through March but there are no new applications allowed or new funds available. She said MSD’s CAP program as it exists today is hard for the working families who need it the most to qualify because of the income guidelines. She asked that MSD work with organizations like
Consumers Council in developing programs that respond to the needs of the consumer. She also requests that the rates be maintained at the current 24% level recommended by the Minority Report of the Rate Commission.
Trustee Fehr introduced the next speaker, Diana Plescia, Missouri Industrial Energy Consumers:
Diana Plescia said she represents large industrial consumers of MSD and has represented these customers
for over 30 years. MIEC’s main concern is the middle position of the Minority Report the Board doesn’t have before it tonight for a vote. She said the St. Louis County Council urged the Board to direct staff to develop an
alternative proposal because they are concerned with the excessive portion of the rate increase. A St. Louis City Board of Aldermen Committee expressed concerns about the increase. The MIEC had an editorial in the
Post-Dispatch pointing out the extra burden isn’t necessary. She said the Board doesn’t have to decide until
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December 14th and could use this time to consider moderate alternatives to this rate increase proposal.
Secretary Treasurer, Tim Snoke, read a public comment submitted in writing from Alicia Vaughn, Mayor of the City
of Velda City:
Mayor Vaughn urged the MSD Board of Trustees to reject the Majority Report of the Rate Commission and instead accept the Minority Report. She explained her residents are financially struggling with increasing bills, medical, and food costs. She said her residents are also plagued with many broken sewer laterals; the waiting
list for the St. Louis County Lateral Program is long.
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 30.
CONSENT AGENDA Adoption 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. Adoption 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.
Adoption 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. Adoption 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.
Adoption 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. Adoption 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.
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Adoption 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.
Adoption 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.
Adoption 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. Adoption 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. Adoption 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.
Adoption 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.
Adoption 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.
Adoption 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.
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Adoption 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. Adoption 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.
Adoption 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.
Adoption 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.
Adoption 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. Adoption 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.
Adoption 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 Watson, seconded by Trustee Nicozisin for adoption of Ordinance Nos. 16228 through 16230, 16232 through 16245, 16247, and 16249 through 16251 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
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NEW BUSINESS ORDINANCES Introduction of Ordinance No.16252 - Bissell & Lemay WWTF Fluidized Bed Incinerators (12565)
A supplemental appropriation of One Hundred Seventy-One Million Dollars ($171,000,000.00) from the Sanitary Replacement Fund to be used for wastewater treatment plant construction in Bissell & Lemay WWTF Fluidized Bed Incinerators (12565) in the City of St. Louis and Unincorporated St. Louis County, Missouri; and to appropriate additional funds Motion was made by Trustee Nicozisin, seconded by Trustee Watson that Ordinance No. 16252 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.16253 - Harlem Baden Relief Phase IV (Hebert) - Hamilton to Darver Trunk Sewer (11796)
A supplemental appropriation of Thirteen Million Five Hundred Thousand Dollars ($13,500,000.00) from the Sanitary Replacement Fund to be used for combined sewer construction in Harlem Baden Relief Phase IV (Hebert) – Hamilton to Darver Trunk Sewer (11796) in the City of St. Louis and Village of Hillsdale, 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. 22240 with Keeley Construction Group, Inc. for combined sewer construction. Motion was made by Trustee Wahby, seconded by Trustee Nicozisin that Ordinance No. 16253 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.16254 - Lower Meramec WWTF Expansion Phase II (12255) A supplemental appropriation of Twenty-Nine Million Three Hundred Thousand Dollars ($29,300,000.00) from the Sanitary Replacement Fund to be used for wastewater treatment plant construction in Lower Meramec WWTF Expansion Phase II (12255) in Unincorporated St. Louis County, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to appropriate additional funds to Contract No. 22150 with Plocher Construction Company, Inc. for wastewater treatment plant construction. Motion was made by Trustee Wahby, seconded by Trustee Evans that Ordinance No. 16254 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.16255 - Arv Ellen Sanitary Relief (Tesson Creek Estates Dr to Madaford Ln) (12079)
An appropriation of One Million Twenty-Five Thousand Dollars ($1,025,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer construction in Arv Ellen Sanitary Relief (Tesson Creek Estates Dr to Madaford
Ln) (12079) 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. 53029 with Fred M. Luth & Sons, Inc. for sanitary sewer construction.
Motion was made by Trustee Nicozisin, seconded by Trustee Wahby that Ordinance No. 16255 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.16256 - General Services Agreement - Construction Management (2024) (13534)
An appropriation of Two Million Dollars ($2,000,000.00) from the Sanitary Replacement Fund to be used for general construction management services in General Services Agreement – Construction Management (2024) (13534) in
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. 53045 with KAI 360 Construction Services, LLC
for general construction management services. Motion was made by Trustee Nicozisin, seconded by Trustee Wilson that Ordinance No. 16256 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
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Introduction of Ordinance No.16257 - General Services Agreement - Facility & Sewer Design (2024) Contract A (13100) An appropriation of Six Hundred Thousand Dollars ($600,000.00) from the Sanitary Replacement Fund to be used for general engineering services in General Services Agreement – Facility & Sewer Design (2024) Contract A (13100) in 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. 53048 with Donohue & Associates, Inc. for general engineering services.
Motion was made by Trustee Wahby, seconded by Trustee Nicozisin that Ordinance No. 16257 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.16258 - Hallstead Storm Channel Phase IV (MCBJ-230) (10067) 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 Hallstead Storm Channel Phase IV (MCBJ-230) (10067) in Unincorporated St. Louis County,
Missouri to serve the needs of residents of the area, and authorizing staff to proceed with further condemnation efforts related to the project, including but not limited to the purchase and/or the filing of all necessary court pleadings or documents to commence and prosecute formal legal proceedings for the acquisition of said easements and temporary construction easements.
Motion was made by Trustee Wahby, seconded by Trustee Evans that Ordinance No. 16258 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.16259 - Revenue Bond Election - April 2024 Calling a Bond Election to be held on April 2, 2024 in The Metropolitan St. Louis Sewer District on the proposition whether to issue Seven Hundred Fifty Million Dollars ($750,000,000) principal amount of sewer revenue bonds. Motion was made by Trustee Nicozisin, seconded by Trustee Wahby that Ordinance No. 16259 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.16260 - Stormwater Capital Election - April 2024
Calling for an election to be held on April 2, 2024 in The Metropolitan St. Louis Sewer District on the proposition of whether to impose (i) a property tax upon all residential taxable tangible property within the District and (ii) a charge upon all non-residential customers, whether public or private, within the District based on the amount of impervious area on each such customer’s real property, for the purpose of providing revenue to fund capital improvements for flooding and erosion control. Motion was made by Trustee Wilson, seconded by Trustee Watson that Ordinance No. 16260 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. 3864 - Expressing the Board of Trustees’ appreciation to Dixie L. Bryant for her 21 years of exemplary service to the Metropolitan St. Louis Sewer District from November 13, 2001, to her retirement effective November 1, 2023. Motion was made by Trustee Nicozisin, seconded by Trustee Evans that Resolution No.3864 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. 3865 – Expressing the Board of Trustees’ appreciation to Thomas Cornelius for his 19 years of exemplary service to the Metropolitan St. Louis Sewer District from August 30, 2004, to his retirement effective November 1, 2023. Motion was made by Trustee Wahby, seconded by Trustee Nicozisin that Resolution No.3865 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
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Adoption of Resolution No. 3866 – Acceptance of the Rate Commission’s Recommendation Report 2023
The adoption of Resolution No. 3866 will formally acknowledge The Metropolitan St. Louis Sewer District’s Board of Trustees’ acceptance of the Rate Commission’s Recommendation Report dated September 5, 2023.
Motion was made by Trustee Wilson, seconded by Trustee Nicozisin that Resolution No.3866 be adopted. Motion passed: 5 Ayes - 1 Nays - 0 Abstain Poll Taken: A. Fehr AYE, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby-NAY Adoption of Resolution No. 3867 – Collection of Excess Proceeds from Properties Sold at St. Louis City and St. Louis County Tax Sale Auctions
The adoption of Resolution No. 3867 will exercise option year three (3) of the contract previously authorized by Ordinance No. 15550, adopted November 12, 2020, which authorized the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Beck Dickhaus & Associates, LLC f/k/a Beck Ostrom Sweet, LLC, whereby Beck Dickhaus & Associates, LLC would provide legal services for the collection of excess proceeds from properties sold at the St. Louis City and St. Louis County tax sale auctions.
Motion was made by Trustee Wahby, seconded by Trustee Evans that Resolution No.3867 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. 3868 – State Legislative Lobbying Services The adoption of Resolution No. 3868 will exercise option year four (4) of the contract previously authorized by Ordinance No. 15326, adopted December 12, 2019, which authorized the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with Kyna Iman, LLC,
whereby Kyna Iman, LLC will provide State Legislative Lobbying services for the District. Motion was made by Trustee Wahby, seconded by Trustee Nicozisin that Resolution No.3868 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. 3869 – Medical Services for District Staff Resolution No. 3869 will exercise option year three (3) of the contract previously authorized by Ordinance No.15598, adopted January 14, 2021, which authorized the Executive Director and Secretary-Treasurer on behalf
of The Metropolitan St. Louis Sewer District to enter into a contract with BJC Corporate Health Services d/b/a BarnesCare, whereby BJC Corporate Health Services d/b/a BarnesCare would provide professional services for the District. Motion was made by Trustee Nicozisin, seconded by Trustee Watson that Resolution No.3869 be adopted. Motion passed: 6 Ayes - 0 Nays - 0 Abstain Poll Taken: A. Fehr AYE, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby-AYE ITEMS PROPOSED FOR INTRODUCTION AND ADOPTION AT THE NEXT BOARD MEETING
• None
ANY OTHER BUSINESS THAT MAY PROPERLY BE BROUGHT BEFORE THE BOARD:
• None
ADJOURNMENT
Trustee Fehr asked for a motion to adjourn the meeting at 6:02 p.m. Motion was made by Trustee Nicozisin and seconded by Trustee Wahby.
___________________________________ Secretary-Treasurer