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HomeMy Public PortalAbout1679th Board Journal 12-14-20231 JOURNAL OF THE 1679th MEETING OF THE BOARD OF TRUSTEES METROPOLITAN ST. LOUIS SEWER DISTRICT December 14, 2023 BOARD OF TRUSTEES MSD STAFF Amy Fehr, Chair Brian Hoelscher, Executive Director/CEO Richard Wilson, Vice-Chair Tim Snoke, Secretary-Treasurer Greg Nicozisin Susan Myers, General Counsell Michael Evans Rich Unverferth, Director of Engineering Brian Watson Marion Gee, Director of Finance Brian Wahby- virtual Tracey Coleman, Director of Human Resources Bret Berthold, Director of Operations Ginny Kienstra, Director of Information Technology. Bess McCoy, Manager of Public Affairs Todd Loretta, Audit Administrator Todd Aschbacher, Attorney III Wendi Comello, Executive Assistant / Scribe MEMBERS OF THE PUBLIC Ernie Trakas, St. Louis County Council Lori Trakas, St. Louis County Council Tom Sullivan Todd Brady, ABNA Engineering Diana Plescia, CHGO Law (MIEC) Frank Plescia, Webster Groves, MO (MIEC) 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: November 9, 2023, (1678th) Board Meeting. Motion was made by Trustee Wilson and seconded by Trustee Nicozisin; all Trustees approved the motion. Comments by Board Chair: None Report of The Board Committees: 2023 AD HOC BOARD COMMITTEE REPORT The 2023 Ad Hoc Board Committee met on November 15, 2023, at 2:03 p.m. The meeting was attended by Chairperson Fehr, Vice Chairperson Wilson, Trustees Nicozisin, Evans, Watson, and Wahby. The staff present were Tracey Coleman and Tim Snoke. The Vice President of HRGov, James Arndt, was also in attendance. There were no members of the public present. Chairperson Fehr called for Roll and had no further comments. The minutes from the preceding meeting on September 6, 2023, were approved. The agenda for the meeting: At approximately 2:04 p.m. Chairperson Fehr requested a motion to move into Closed Session to discuss personnel matters under Section 610.021(3), RSMo 1988 Supp. and all present Trustees concurred. At approximately 4:02 p.m. Chairperson Fehr requested a motion to end Closed Session and return to Open Session and all Trustees concurred. Chairperson Fehr adjourned the meeting at 4:02 p.m. The next Committee meeting date will be November 29, 2023, time to be determined. ~ ~ ~ ~ ~ 2 The 2023 Ad Hoc Board Committee met on November 29, 2023, at 7:06 a.m. The meeting was attended by Chairperson Fehr, Vice Chairperson Wilson, Trustees Nicozisin, Evans, Watson, and Wahby. The staff present were Tracey Coleman and Tim Snoke. The Vice President of HRGov, James Arndt, was also in attendance. There were no members of the public present. Chairperson Fehr called for Roll and had no further comments. The minutes from the preceding meeting on November 15, 2023, were approved. The agenda for the meeting: At approximately 7:07 a.m. Chairperson Fehr requested a motion to move into Closed Session to discuss personnel matters under Section 610.021(3), RSMo 1988 Supp. and all present Trustees concurred. At approximately 6:27 p.m. Chairperson Fehr requested a motion to end Closed Session and return to Open Session and all Trustees concurred. Chairperson Fehr adjourned the meeting at 6:27 p.m. The next Committee meeting will be determined at a later date.   This concludes the Ad Hoc Board Committee Comments Reports.  ~ ~ ~ ~ ~ AUDIT COMMITTEE REPORT The Audit Committee met on December 5 at 7:33 am. The meeting was attended by Trustees Evans, Nicozisin, Wahby and Wilson with Trustees Watson and Fehr attending online. Chairperson Watson called roll and had no introductory comments. The minutes of the September 5 Audit Committee meeting were approved. Next, the District’s external auditor, CliftonLarsonAllen, presented an overview of the results of the annual independent audit package for the year ended June 30, 2023. An unmodified or “clean” opinion was issued for the District’s financial statements. No material uncorrected or corrected misstatements were identified. No fraud or illegal acts were identified. In working with Management and performing the engagement, no difficulties or disagreements were encountered by the auditors. The new GASB 96 Subscription-Based Information Technology Arrangements accounting standard was adopted during the fiscal year. No material weaknesses or significant deficiencies in internal control were identified during the audit process. A Management Letter was not issued, as no items were identified that met the threshold for formal communication. Next, Internal Audit presented a report for an audit engagement that consisted of a review of the District’s Collections Cycle. Specifically, the engagement involved a review of the District’s procedures for collecting on past due customer accounts. The scope included procedures to review the processes performed by District personnel as well as the processes performed by the eight (8) third-party entities that participate in the District’s overall collections program. The base period for testing data and transactions was fiscal years ’23 and ’22. The engagement received a “Satisfactory” or “clean” opinion. Four Opportunities for Improvement were presented and discussed with the Committee. None of the identified items were considered significant individually or in the aggregate. Questions were addressed as they were received from the Committee. The next Audit Committee meeting is tentatively scheduled for Tuesday, January 2, 2024. The meeting was adjourned at approximately 8:13 am. This concludes the Audit Committee Report. ~ ~ ~ ~ ~ FINANCE COMMITTEE REPORT The Finance Committee met on December 5, 2023, at 8:17 a.m. The meeting was attended by Trustees Wilson, Evans, Wahby, Nicozisin with Trustees Fehr & Watson online. Chairperson Evans called roll and had no further comments. The minutes of the October 31, 2023, Finance Committee meeting were approved. Mike Comstock of AON presented a review of the investment returns relating to the Defined Benefit, Defined Contribution and the Deferred Compensation Pension plans for the third quarter of 2023. Mike reviewed the return on the plan assets compared to the applicable benchmarks. The Defined Benefit Plan returned -3.6% in the 3rd 3 Quarter, less than the policy benchmark return of -2.9%. Year-to-date through September, the Plan returned 3.7%, slightly above the policy benchmark return of 3.4%. He also reviewed the investment management fees associated with the plans and indicated that the District’s fees were less than those charged to its institutional peers. Next, on the agenda was a review of the District’s Operating Fund Portfolio as of November 30, 2023, by Secretary – Treasurer Tim Snoke. Tim indicated that the portfolio is in compliance with the District’s Investment Policy. The next Committee meeting is tentatively scheduled for Tuesday, January 2, 2023. The meeting was adjourned at 8:35 a.m. This concludes the Finance Committee Board Comments Report. ~ ~ ~ ~ ~ PROGRAM MANAGEMENT COMMITTEE REPORT The Program Management Committee met on December 5, 2023 at 8:37 a.m. The meeting was attended by Trustees Nicozisin, Wahby, Evans, and Wilson, with Watson and Fehr online. Chairperson Nicozisin called roll and had no further comments. The minutes of the October 31, 2023 Program Management meeting were approved. The agenda items to be introduced tonight were presented and discussed, including a detailed discussion regarding the following items: Ordinance Numbers. 16261 and 16262 – Staff reviewed the details on the annual 2024 funding appropriations for the CSO Green Infrastructure Programs. These programs continue the district’s consent decree commitment to reduce combined sewer overflow to the Mississippi River and the River Des Peres. Ordinance Numbers 16263 and 16264 - Staff discussed unplanned supplemental appropriations for two on-going construction projects. Additional costs were due to un-planned rock excavation and the required relocation of an un-identified electrical service encountered on the projects. Ordinance Numbers 16266 through 16270 - Staff reviewed the details and bid information for five construction projects bid over the past month. These ordinances will authorize contracts and appropriate the necessary funds for these projects. Staff answered question from the committee regarding the coordination required on projects located within multiple municipalities. Ordinance Numbers 16271 through 16278 – Staff presented and reviewed details of eight (8) planned appropriations and contract authorizations for engineering design services on tonight’s agenda. The services will provide engineering design for sanitary sewer relief projects required by the Consent Decree and various stormwater projects funded through the OMCI taxing districts. These projects are planned for construction over the next two fiscal years. Ordinance Numbers 16287 through 16292 – Staff is requesting appropriation for the continued funding of a municipal stormwater grant program within six (6) OMCI Taxing sub-Districts. Staff additionally requested continued authorization to administer the grants below $50,000 without future approval of the Board. Staff answered a question from the committee regarding the administration of grants and future Board action. Under Other Business - Staff gave a brief presentation and video on a major milestone accomplished this year. The district achieved the removal of 85% of its constructed Sanitary Sewer Overflows (SSOs) by the end of 2023 as required by the consent decree. The district has reduced SSOs from 149 total at the completion of the SSO Masterplan to a total of 26 still existing. Mr. Unverferth thanked the entire District staff and the Board for their support in achieving this milestone. The next Committee meeting is tentatively scheduled for January 2, 2023. The meeting was adjourned at 9:33 a.m. This concludes the Program Management Board Comments Report.  ~ ~ ~ ~ ~ STAKEHOLDER RELATIONS COMMITTEE REPORTS The Stakeholder Relations Committee met on December 5, 2023 at 9:37 a.m. The meeting was attended by Chairperson Wilson and Trustee Evans, Nicozisin and Wahby, and on-line were Trustees Fehr and Watson. Chairperson Wilson called Roll and had no further comments. The minutes of the October 26, 2023 Special Stakeholder Relations Committee Meeting and October 31, 2023 Stakeholder Relations Committee Meeting were voted on and approved. 4 The Agenda and Discussion items were as follows: Discussion by Tim snoke regarding election/ballot language - Tim Snoke discussed Ordinance No. 16259 and a change to the ballot language detailed in the document. Proposed Proposition Y has been renamed Proposition W and the revised Ordinance will be presented as Unfinished Business with an Amend and Adopt vote at the December 2023 Board Meeting. Discussion by Ginny Kienstra regarding an ordinance for diversity reporting application program services - This Item was pulled as it was not ready for Introduction and will be discussed at the next Committee Meeting. Closed Session - Trustee Wilson called a vote at approximately 9:38a.m. to move the meeting to Closed Session to Discuss Individually Identifiable Personnel Records, Performance Ratings or Records Pertaining to Employees Employment Under Section 610.021(13), and Records Relating to Municipal Hotlines Established for the Reporting of Abuse and Wrongdoing Under Section 610.021(16). Trustee Wilson called a vote and moved the meeting to Open Session at approximately 11:14a.m. Adjournment - The meeting was adjourned at 11:15a.m. The next meeting is tentatively scheduled for January 2, 2024. ~ ~ ~ ~ ~ Report of the Executive Director: Brian Hoelscher read his report to the Board of Trustees: Tonight, MSD’s Board of Trustees will determine whether or not to put two ballot initiatives on the April 2, 2024 election. The first initiative involves a new stormwater service and the second involves how to pay for the next 4 years of the remaining 16 years of State and Federal mandated work on the wastewater system. The stormwater ballot initiative is whether or not MSD should provide a new service to participate in addressing stormwater flooding and creek erosion issues in our entire service area. To fund this proposed program, the annual property tax cost for our customers with a median assessed home value of $176,600 will be $25/year on their property tax bill. The proposition is a simple yes/no question. If the voters vote yes, MSD will start charging the property tax in calendar year 2025 and provide approximately $34 million worth of service per year. If the voters vote no, there will be no increase in their property tax for this initiative and MSD will not provide this additional service. The wastewater ballot initiative is how to pay for an additional $1.6 billion of State and Federal mandated improvements to the wastewater system over the next 4 years. If the voters vote yes to approve an additional $750 million in bonding authority for MSD, the rates will be lower than paying by cash but will eventually lead to having to pay future debt service. If the voters vote no to allow additional bonding authority, the rates will be significantly higher now with less debt service to repay in the future. For the exact increases, we invite the public to visit our website, attend any of the many public education events we will be holding over the next 4 months, or contact us to make a presentation to any group that is interested. There has been some information in the press about an alternative bonding scenario. While it is true that there was a minority report generated by the Rate Commission, much of the information being presented is either misleading or inaccurate. In short, the alternative proposal would have reduced the average monthly bill for a customer by about $2.35/month for about 7 years when compared to the Rate Commission approved proposal. That is a total of about $200 over seven years. For more than three decades after that, the alternative proposal would have been increasingly more expensive for the ratepayers. In addition, the alternative proposal would have very likely lowered MSD’s bond rating and resulted in higher future costs for the alternative proposal than previously described. This issue was discussed in detail in the Rate Commission. Their conclusion was stated in the final report that MSD should use the rate structure proposed by MSD staff. In addition, they requested that MSD look into making its low-income Customer Assistance Program more robust, which at the direction of our Board of Trustees, staff has already begun. There are other specific details about the proposal being put in front of the voters. One example is that the City of St. Louis unmetered residential customers will see a 0.8% decrease in their monthly charge the first year instead of a 7% increase. MSD invites the public to contact us, attend any of our continuing public education events through April 2024, or invite us to present to your group if you would like to learn more. Comments by the Public: Chairperson Fehr announced that there were a couple members of the public requesting to address the Board, the first invited up to speak was Ernie Trakas, representing the St. Louis County Council: Ernie Trakas said he has issue with the proposed ballot initiative, Ordinance 16260, and he questions if MSD has legal authority to pursue the ballot initiative. Mr. Trakas said MSD would charge all non-residential customers, public and private. Therefore, MSD would be charging taxpayers twice, directly, and indirectly 5 through taxes they pay. He said he intends to stop the initiative. He thinks the ballot measure should be tabled upon further research. Mr. Trakas also has issue with the decision to hire Bret Bethold as the replacement for Brian Hoelscher upon his retirement. He said he thinks the selection process was an inside game and that Mr. Berthold is just a clone of the current Executive Director. He plans on submitting a Sunshine Request for the communications from HRGov to see the selection process and the other candidates that were considered. Mr. Trakas accused the Board of Trustees and the Rate Commission of having a lack of independent critical thinking and are just following the direction of the MSD Executive Team. Trustee Fehr introduced the next speaker, Tom Sullivan: Tom Sullivan said that he opposes Proposition S and is confident it will be defeated by voters. He feels there is no assurance of how the funds would be spent because he said MSD has a history of wasteful spending. Mr. Sullivan said because MSD won’t enforce stormwater regulation of developers and the reason there are millions of dollars of stormwater issues to fix. Mr. Sullivan questions the proposition’s impervious charge for local government, businesses, churches and schools, saying this cost needs to be known. Mr. Sullivan said that the agenda for this meeting had millions of dollars’ worth of no-bid consulting contracts and claimed the consultants will be contributing to the April ballot proposal campaign. Tom Sullivan said the promotion of Bret Berthold to Executive Director was a poor choice and it means business as usual for MSD. He suggested that someone from outside the organization should have been chosen instead like the St. Louis Police Department did when they hired the new Chief of Police. 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 17. CONSENT AGENDA Adoption 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. Adoption 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. Adoption 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. Adoption 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. 6 Adoption 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. Adoption 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. Adoption 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. Adoption 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 Nicozisin, seconded by Trustee Evans for adoption of Ordinance Nos. 16252 through 16258, and 16260 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 Amend and Adoption 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 Wilson, seconded by Trustee Evans that Ordinance No. 16259 be amended. 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 Motion was made by Trustee Evans, seconded by Trustee Watson that Ordinance No. 16259 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 RESOLUTIONS • None 7 NEW BUSINESS ORDINANCES Introduction of Ordinance No. 16261 - CSO Volume Reduction Green Infrastructure (11146) A supplemental appropriation of Five Million Dollars ($5,000,000.00) from the General Fund to be used for construction of green infrastructure in CSO Volume Reduction Green Infrastructure (11146) in the City of St. Louis and St. Louis County, Missouri. Motion was made by Trustee Nicozisin, seconded by Trustee Watson that Ordinance No. 16261 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. 16262 - CSO Volume Reduction Green Infrastructure – River Des Peres (13078) A supplemental appropriation of One Million Dollars ($1,000,000.00) from the General Fund to be used for construction of green infrastructure in CSO Volume Reduction Green Infrastructure – River Des Peres (13078) in the City of St. Louis and St. Louis County, Missouri. Motion was made by Trustee Wahby, seconded by Trustee Nicozisin that Ordinance No. 16262 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. 16263 - Dearborn Dr Storm Sewer (11205) A supplemental appropriation of Sixty Thousand Dollars ($60,000.00) 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. Motion was made by Trustee Wilson, seconded by Trustee Nicozisin that Ordinance No. 16263 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 Nicozisin, seconded by Trustee Watson that Ordinance No. 16263 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. 16264 - Earth City UPS Pump Station (P-702) Replacement Phase II (13599) A supplemental appropriation of Seventy-Five Thousand Dollars ($75,000.00) from the Sanitary Replacement Fund to be used for pump station improvements in Earth City UPS Pump Station (P-702) Replacement Phase II (13599) in Unincorporated St. Louis County, Missouri. Motion was made by Trustee Wilson, seconded by Trustee Nicozisin that Ordinance No. 16264 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. 16265 - Bissell - Coldwater - Missouri - Meramec Public I/I Reduction (2023) Contract F (13124) A supplemental appropriation of Two Million Seven Hundred Forty Thousand Dollars ($2,740,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer rehabilitation in Bissell - Coldwater - Missouri - Meramec Public I/I Reduction (2023) Contract F (13124) in the City of Florissant and Unincorporated St. Louis County, Missouri. Motion was made by Trustee Nicozisin, seconded by Trustee Evans that Ordinance No. 16265 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. 16266 - Edmundson Sanitary Relief (Edmund Ave to Bataan Dr) (12159) An appropriation of Two Million Six Hundred Thousand Dollars ($2,600,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer construction in Edmundson Sanitary Relief (Edmund Ave to Bataan Dr) (12159) in the City of Woodson Terrace, City of Breckenridge Hills, 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. 53042 with Gershenson Construction Co., Inc. for sanitary sewer construction. Motion was made by Trustee Watson, seconded by Trustee Nicozisin that Ordinance No. 16266 be introduced. Motion passed: 6 Ayes - 0 Nays - 0 Abstain Poll Taken: A. Fehr AYE, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby -AYE 8 Introduction of Ordinance No. 16267 - Weston Place Pump Station (P-771) Improvements (12279) An appropriation of Two Million One Hundred Thousand Dollars ($2,100,000.00) from the Sanitary Replacement Fund to be used for pump station improvements in Weston Place Pump Station (P-771) Improvements (12279) in the City of Town and Country, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 53041 with Unnerstall Contracting Company, LLC for pump station improvements. Motion was made by Trustee Nicozisin, seconded by Trustee Evans that Ordinance No. 16267 be introduced. Motion passed: 5 Ayes - 0 Nays - 1 Abstain Poll Taken: A. Fehr ABSTAIN, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby-AYE Introduction of Ordinance No. 16268 - Woodson Sanitary Relief (Flora Ave to Lackland Rd) (12300) An appropriation of Three Million Dollars ($3,000,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer construction in Woodson Sanitary Relief (Flora Ave to Lackland Rd) (12300) in the City of Overland, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 53044 with Keeley Construction Group, Inc. for sanitary sewer construction. Motion was made by Trustee Watson, seconded by Trustee Nicozisin that Ordinance No. 16268 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. 16269 - East Essex Ave 802 - 804 Storm Sewer (10587) An appropriation of Three Hundred Ten Thousand Dollars ($310,000.00) from the Operations, Maintenance, Construction, and Improvement Fund of Deer Creek to be used for storm sewer construction in East Essex Ave 802-804 Storm Sewer (10587) in the City of Glendale, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 53043 with Gershenson Construction Co., Inc. for storm sewer construction. Motion was made by Trustee Wilson, seconded by Trustee Nicozisin that Ordinance No. 16269 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. 16270 - Quailways Dr. #8 Channel Improvements (10310) An appropriation of Five Hundred Fifty Thousand Dollars ($550,000.00) from the Operations, Maintenance, Construction, and Improvement Fund of Deer Creek to be used for channel stabilization in Quailways Dr. #8 Channel Improvements (10310) in the City of Creve Coeur, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 53020 with Keeley Construction Group, Inc. for channel stabilization. Motion was made by Trustee Watson, seconded by Trustee Evans that Ordinance No. 16270 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. 16271 - Conway Meadows Sanitary Relief (Conway Rd to I-64) (12129) An appropriation of Two Hundred Sixty Thousand Dollars ($260,000.00) from the Sanitary Replacement Fund to be used for design of sanitary sewers in Conway Meadows Sanitary Relief (Conway Rd to I-64) (12129) in the City of Chesterfield, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 53056 with Cole & Associates, Inc. for design of sanitary sewers. Motion was made by Trustee Nicozisin, seconded by Trustee Evans that Ordinance No. 16271 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. 16272 - Coldwater Creek OMCI Stormwater Design (2024) (Contract A) (12462) An appropriation of Three Hundred Twenty Thousand Dollars ($320,000.00) from the Operations, Maintenance, Construction, and Improvement Fund of Coldwater Creek to be used for design in Coldwater Creek OMCI Stormwater Design (2024) (Contract A) (12462) in the Cities of Calverton Park and Overland, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 53058 with Tepa Engineering Services, LLC for design. Motion was made by Trustee Evans, seconded by Trustee Watson that Ordinance No. 16272 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. 16273 - Earlsfield Sanitary Relief and Kingston Pump Station (P-326) Elimination (13520) An appropriation of Three Hundred Sixteen Thousand Dollars ($316,000.00) from the Sanitary Replacement Fund to be used for design of sanitary sewers in Earlsfield Sanitary Relief and Kingston Pump Station (P-326) Elimination (13520) 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. 53061 with George Butler Associates, Inc. for design of sanitary sewers. Motion was made by Trustee Watson, seconded by Trustee Nicozisin that Ordinance No. 16273 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. 16274 - Hillsdale Dr #7501 Storm Sewer (11063) An appropriation of One Hundred Seventy Thousand Dollars ($170,000.00) from the Operations, Maintenance, Construction, and Improvement Fund of Wellston to be used for design in Hillsdale Dr #7501 Storm Sewer (11063) in the City of Greendale, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 53059 with Taliaferro & Browne, Inc. for design. Motion was made by Trustee Wilson, seconded by Trustee Evans that Ordinance No. 16274 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. 16275 - Pembroke Drive Storm Improvements (10309) An appropriation of Two Hundred Twenty-Four Thousand Dollars ($224,000.00) from the Operations, Maintenance, Construction, and Improvement Fund of the Seminary Branch of River Des Peres to be used for design in Pembroke Drive Storm Improvements (10309) in the City of Marlborough, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 53060 with Terra Engineering, LTD for design. Motion was made by Trustee Nicozisin, seconded by Trustee Wilson that Ordinance No. 16275 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. 16276 - Royal Arms Ct Sanitary Relief (13406) An appropriation of Two Hundred Fifty-One Thousand Dollars ($251,000.00) from the Sanitary Replacement Fund to be used for design of sanitary sewers in Royal Arms Ct Sanitary Relief (13406) in the Cities of Crestwood and Grantwood Village, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 53062 with Stock & Associates Consulting Engineers, Inc. for design of sanitary sewers. Motion was made by Trustee Watson, seconded by Trustee Evans that Ordinance No. 16276 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. 16277 - Strassner Ave Sanitary Relief (Black Creek Trunk to Swallow Dr) (12219) An appropriation of Two Hundred Eighty-Seven Thousand Dollars ($287,000.00) from the Sanitary Replacement Fund to be used for design of sanitary sewers in Strassner Ave Sanitary Relief (Black Creek Trunk to Swallow Dr) (12219) in the City of Brentwood, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 53057 with Hart Engineering, LLC for design of sanitary sewers. Motion was made by Trustee Evans, seconded by Trustee Watson that Ordinance No. 16277 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. 16278 - University City Branch OMCI Stormwater Design (2024) (Contract A) (12523) An appropriation of Two Hundred Twenty-Five Thousand Dollars ($225,000.00) from the Operations, Maintenance, Construction, and Improvement Fund of University City to be used for design in University City Branch OMCI Stormwater Design (2024) (Contract A) (12523) in the Cities of Overland 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. 53063 with Oates Associates, Inc. for design. Motion was made by Trustee Evans, seconded by Trustee Nicozisin that Ordinance No. 16278 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. 16279 - Radar Rainfall Data (2020) (12006) A supplemental appropriation of One Hundred Fifty Thousand Dollars ($150,000.00) from the General Fund to be used for rainfall data gathering and analysis in Radar Rainfall Data (2020) (12006) throughout the Metropolitan St. Louis Sewer District service area; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to appropriate additional funds to Contract No. 21868 with Vieux and Associates, Inc. for rainfall data gathering and analysis. Motion was made by Trustee Wilson, seconded by Trustee Watson that Ordinance No. 16279 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. 16280 - General Services Agreement – Facility & Sewer Design (2024) Contract B (13101) An appropriation of Four Hundred Seventy-Five Thousand Dollars ($475,000.00) from the Sanitary Replacement Fund to be used for general engineering services in General Services Agreement – Facility & Sewer Design (2024) Contract B (13101) 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. 53069 with GHD, Inc. for general engineering services. Motion was made by Trustee Nicozisin, seconded by Trustee Watson that Ordinance No. 16280 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. 16281 - 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) 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. 53039 with HDR Engineering, Inc. for water quality and environmental regulatory support. Motion was made by Trustee Wilson, seconded by Trustee Nicozisin that Ordinance No. 16281 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 following 5 Property Appraisal Service Ordinances were read separately but voted on together Introduction of Ordinance No. 16282 - General Services Agreement – Property Appraisal (2024) Contract A (13091) An appropriation of Seventy-Five Thousand Dollars ($75,000.00) from the General Fund to be used for property appraisal services in General Services Agreement – Property Appraisal (2024) Contract A (13091) 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. 53064 with Real Estate Analysts Limited for property appraisal services. Introduction of Ordinance No. 16283 - General Services Agreement – Property Appraisal (2024) Contract B (13092) An appropriation of Seventy-Five Thousand Dollars ($75,000.00) from the General Fund to be used for property appraisal services in General Services Agreement – Property Appraisal (2024) Contract B (13092) 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. 53065 with Mueller and Neff Real Estate Appraisers, LLC for property appraisal services. Introduction of Ordinance No. 16284 - General Services Agreement – Property Appraisal (2024) Contract C (13093) An appropriation of Seventy-Five Thousand Dollars ($75,000.00) from the General Fund to be used for property appraisal services in General Services Agreement – Property Appraisal (2024) Contract C (13093) 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. 53066 with Volkert, Inc. for property appraisal services. 11 Introduction of Ordinance No. 16285 - General Services Agreement – Property Appraisal (2024) Contract D (13094) An appropriation of Seventy-Five Thousand Dollars ($75,000.00) from the General Fund to be used for property appraisal services in General Services Agreement – Property Appraisal (2024) Contract D (13094) 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. 53067 with DJ Howard and Associates, Inc. for property appraisal services. Introduction of Ordinance No. 16286 - General Services Agreement – Property Appraisal (2024) Contract E (13859) An appropriation of Seventy-Five Thousand Dollars ($75,000.00) from the General Fund to be used for property appraisal services in General Services Agreement – Property Appraisal (2024) Contract E (13859) 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. 53068 with Planning and Valuation Consultants, Inc. for property appraisal services. Motion was made by Trustee Wilson, seconded by Trustee Watson for Ordinance Nos. 16282 through 16286 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 following 6 OMCI Intergovernmental Agreement Ordinances were read separately but voted on together Introduction of Ordinance No. 16287 - Coldwater Creek OMCI Reimbursements Program (13488) A supplemental appropriation of One Million Forty-Seven Thousand Two Hundred Twenty-Five Dollars ($1,047,225.00) from the Operation, Maintenance, Construction, and Improvement Fund of Coldwater Creek for cost share for municipal stormwater expenditures in Coldwater Creek OMCI Reimbursements Program (13488) in St. Louis County, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into intergovernmental agreements with municipalities where revenue is collected by the Coldwater Creek OMCI in St. Louis County, Missouri. Introduction of Ordinance No. 16288 - Deer Creek OMCI Reimbursements Program (13487) A supplemental appropriation of One Million Six Hundred Fifty-Eight Thousand Four Hundred Forty-Three Dollars ($1,658,443.00) from the Operation, Maintenance, Construction, and Improvement Fund of Deer Creek for cost share for municipal stormwater expenditures in Deer Creek OMCI Reimbursements Program (13487) in St. Louis County, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into intergovernmental agreements with municipalities where revenue is collected by the Deer Creek OMCI in St. Louis County, Missouri. Introduction of Ordinance No. 16289 - Gravois Creek OMCI Reimbursements Program (13678) A supplemental appropriation of Seven Hundred Eighty-Seven Thousand One Hundred Twenty-Seven Dollars ($787,127.00) from the Operation, Maintenance, Construction, and Improvement Fund of Gravois Creek for cost share for municipal stormwater expenditures in Gravois Creek OMCI Reimbursements Program (13678) in St. Louis County, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into intergovernmental agreements with municipalities where revenue is collected by the Gravois Creek OMCI in St. Louis County, Missouri. Introduction of Ordinance No. 16290 - Seminary OMCI Reimbursements Program (13491) A supplemental appropriation of One Hundred Thirty-One Thousand Three Hundred Ninety-Seven Dollars ($131,397.00) from the Operation, Maintenance, Construction, and Improvement Fund of the Seminary Branch of River Des Peres for cost share for municipal stormwater expenditures in Seminary OMCI Reimbursements Program (13491) in St. Louis County, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into intergovernmental agreements with municipalities where revenue is collected by the Seminary Branch of River Des Peres OMCI in St. Louis County, Missouri. Introduction of Ordinance No. 16291 - Sugar Creek OMCI Reimbursements Program (13490) A supplemental appropriation of One Hundred Fifty-Three Thousand One Hundred Seventy-Six Dollars ($153,176.00) from the Operation, Maintenance, Construction, and Improvement Fund of Sugar Creek for cost share for municipal stormwater expenditures in Sugar Creek OMCI Reimbursements Program (13490) in St. Louis County, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into intergovernmental agreements with municipalities where revenue is collected by the Sugar Creek OMCI in St. Louis County, Missouri. 12 Introduction of Ordinance No. 16292 - University City OMCI Reimbursements Program (13489) A supplemental appropriation of Four Hundred Eighty-One Thousand Four Hundred Three Dollars ($481,403.00) from the Operation, Maintenance, Construction, and Improvement Fund of University City for cost share for municipal stormwater expenditures in University City OMCI Reimbursements Program (13489) in St. Louis County, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into intergovernmental agreements with municipalities where revenue is collected by the University City OMCI in St. Louis County, Missouri. Motion was made by Trustee Evans, seconded by Trustee Nicozisin for Ordinance Nos 16287 through 16292 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. 16293 - Salary and Contract of the Executive Director Repealing Ordinance No. 16035, adopted November 10, 2022, and enacting a new ordinance in lieu thereof, prescribing the salary of the Executive Director of The Metropolitan St. Louis Sewer District; and authorizing the Chairman of the Board of Trustees of The Metropolitan St. Louis Sewer District to enter into a contract with Bret Berthold whereby Bret Berthold will be employed as Executive Director of The Metropolitan St. Louis Sewer District. Motion was made by Trustee Nicozisin, seconded by Trustee Evans that Ordinance No. 16293 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 Fehr, seconded by Trustee Watson that Ordinance No. 16293 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 RESOLUTIONS Adoption of Resolution No. 3870 – Professional Services Agreement – Engineering Services The adoption of Resolution No. 3870 will exercise option year (3) of the contract previously authorized by Ordinance No. 15565, adopted December 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 Crawford Murphy and Tilly, Inc. (CMT), whereby Crawford Murphy & Tilly, Inc. (CMT). will provide professional services for treatment plants and pump stations in various locations throughout the District. Motion was made by Trustee Wilson, seconded by Trustee Nicozisin that Resolution No.3870 be adopted. Motion passed: 6 Ayes - 0 Nays - 0 Abstain Poll Taken: A. Fehr AYE, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby-AYE ITEMS PROPOSED FOR INTRODUCTION AND ADOPTION AT THE NEXT BOARD MEETING • None ANY OTHER BUSINESS THAT MAY PROPERLY BE BROUGHT BEFORE THE BOARD: • None ADJOURNMENT Trustee Fehr asked for a motion to adjourn the meeting at 5:40 p.m. Motion was made by Trustee Wilson and seconded by Trustee Nicozisin . ___________________________________ Secretary-Treasurer 13 ___________________________________ Secretary-Treasurer