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HomeMy Public PortalAbout1682nd Board Journal 3-14-20241 JOURNAL OF THE 1682nd MEETING OF THE BOARD OF TRUSTEES METROPOLITAN ST. LOUIS SEWER DISTRICT March 14, 2024 BOARD OF TRUSTEES MSD STAFF Amy Fehr, Chair - absent Brian Hoelscher, Executive Director/CEO Richard Wilson, Vice-Chair Tim Snoke, Secretary-Treasurer Greg Nicozisin Todd Aschbacher, General Counsel Michael Evans Brad Nevois, Asst. Director of Engineering Brian Watson Marion Gee, Director of Finance Brian Wahby Bret Berthold, Director of Operations Dino Kiveric, Asst. Dir. Of Human Resources Ginny Kienstra, Director of Information Technology. Bess McCoy, Public Affairs Manager Marcus Stewart, IT Service Delivery Manager Van Griffin, Purchasing Agent Wendi Comello, Executive Assistant / Scribe MEMBERS OF THE PUBLIC Tom Sullivan Jason Terry, Gilmore & Bell Vice Chairperson Wilson called the meeting to order at approximately 5:00 p.m. Roll call was taken, Trustees Wilson, Nicozisin, Evans, Watson, and Wahby were present; Trustee Fehr was absent. Trustee Wilson asked for the approval of the preceding meeting journal: February 8, (1681st) Board Meeting. Motion was made by Trustee Watson and seconded by Trustee Wahby; all Trustees present approved the motion. Comments by Board Chair: None Report of The Board Committees: FINANCE COMMITTEE REPORT The Finance Committee met on March 5, 2024, at 7:30 a.m. The meeting was attended by Trustees Wilson & Watson with Trustees Fehr, Wahby, Nicozisin & Evans online. Chairperson Evans called roll and had no further comments. The minutes of the January 30, 2024, Finance Committee meeting were approved. The following agenda items to be introduced tonight were presented and discussed: Resolution No. 3888- US Bank- Banking Services: This resolution authorizes staff to exercise the first of five option years of a contract with US Bank to provide deposit and safekeeping services to the District. Resolution No. 3889- Pension and Retirement Plan Consulting: This resolution authorizes one additional six (6) month term to the contract with AON Consulting to monitor the District’s pension investments and provide investment advisory services for the District’s Defined Benefit Plan, Deferred Compensation Plan and Defined Contribution Plan. Introduction and Adoption of Proposed Ordinance No. 16344 - Tender Offer to Purchase Outstanding Wastewater System Revenue Bonds: This ordinance authorizes the District to take all actions, execute all documents, enter into such engagements, and prepare or approve such forms, certificates, documents notices, or agreements as may be necessary to purchase a portion of its outstanding Taxable Wastewater System Refunding Revenue Bonds, Series 2019C, from current bondholders. 2 Introduction and Adoption of Proposed Ordinance No. 16345- Wastewater System Refunding Bonds: This Ordinance provides parameters for the District to issue tax-exempt Refunding bonds and execute the necessary documents on or before 7/31/2024 to fund the purchase of outstanding 2019C bonds and achieve an overall reduction of future debt service costs of not less than 6% of the par amount of the tendered bonds on a net present value basis. Other items discussed during the Committee meeting included the following: 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 fourth quarter of 2023. Mike reviewed the return on the plan assets compared to the applicable benchmarks. The Defined Benefit Plan returned 8.9% in the 4th Quarter, exceeding the policy benchmark return of 7.5%. Year-to-date through December, the plan returned 13.0%, above the policy benchmark return of 11.1%. 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. The FY 2025 budget schedule was discussed by Marion Gee. Marion indicated that the Board would receive the FY25 Preliminary Budget documents during its meeting on March 14th. Next, Marion presented the Quarterly Adjustment Review Committee report as required by ordinance. Secretary- Treasurer Tim Snoke reviewed the District’s Operating Fund Portfolio as of February 29, 2024. Tim indicated that the portfolio is in compliance with the District’s Investment Policy. The next Committee meeting is tentatively scheduled for Tuesday, April 2, 2024. The meeting was adjourned at 8:15 a.m. This concludes the Finance Committee Board Comments Report. ~ ~ ~ ~ ~ PROGRAM MANAGEMENT COMMITTEE REPORT The Program Management Committee met on March 5, 2024 at 8:00a.m.  The meeting was attended by Trustees Watson and Wilson; with Nicozisin, Wahby, Evans, and Fehr online.  Chairperson Nicozisin called roll and had no further comments.  The minutes of the January 30, 2024 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 16323 and 16324 – Staff provided details of two (2) CSO Volume Reduction Green Infrastructure Grants being awarded to LMAC Holdings, LLC and the Urban League of St. Louis for construction of new facilities to reduce combined sewer overflows to the Mississippi River per the Consent Decree. Ordinance Numbers 16326 and 16327 - Staff requested supplemental appropriations and contract amendments for existing multi-year construction management contracts with Black and Veatch and with KAI 360 Construction Services. These supplemental appropriations are included in the fiscal year 2024 CIRP budget. Ordinance Number 16329 - Staff requested an un-planned supplemental appropriation of $1,500,000.00 for Infrastructure Repairs-Wastewater for fiscal year 2024. Due to several large repair projects constructed in the early part of this year, the originally appropriated funds will be depleted prior to the end of the fiscal year. To avoid the suspension of the small contractor program which also uses these funds, staff is requesting the additional appropriation. Ordinance Numbers 16336 through 16340 – Staff requested authorization from the Board to proceed to easement condemnation on five streambank stabilizations projects. These five projects are part of the MDNR American Rescue Plan (ARPA) federally funded projects being performed by the District. Staff explained the very accelerated timelines for the bidding and construction of the projects to utilize the ARPA funding. District staff will make every effort to obtain easement rights for the projects excluding condemnation but will need the authorization to ensure it meets the required schedules. Other business: Staff updated the committee on the easement acquisition for a parcel of property on the CSO Brentwood and Redbud Sanitary project. The property owner had attended the February 8 Board meeting to express their concerns relative to the impact to their property and their business. MSD has made design changes to minimize the impact to the property and continues to negotiate with the owner and the owner of the adjacent parcel. Staff believes it will be able to resolve their concerns. 3 Staff gave a brief update to the committee on the Emergency Repair project on Idaho and Blow Street in the City of St. Louis. Mr. Hoelscher alerted the Board regarding the Emergency on March 1, 2024. This emergency contract and project appropriation will be on tonight’s Board Agenda for Introduction and Adoption. Staff will be available to provide updates and answer any questions at the meeting. The next Committee meeting is tentatively scheduled for April 2, 2024.  The meeting was adjourned at 8:50 a.m.  This concludes the Program Management Board Comments Report.  ~ ~ ~ ~ ~ STAKEHOLDER RELATIONS COMMITTEE REPORTS The Stakeholder Relations Committee met on March 5, 2024 @ 8:52a.m. The meeting was attended by Chairperson Wilson and Trustee Watson; participating on-line were Trustees Evans, Fehr, Nicozisin and Wahby. Chairperson Wilson called Roll and had no further comments. The minutes of the January 30, 2024 Stakeholder Relations Committee Meeting were voted on and approved. The Agenda and Discussion items were as follows: The first Agenda item was a discussion by Todd Aschbacher regarding an Ordinance for a Lease Agreement. Proposed Ordinance No. 16341 authorizes staff to enter into a lease agreement with MOC Acquisition Corporation d/b/a Midland Optical for a small strip of real property owned by the District along the River Des Peres at Knox Industrial Drive west of Knox Ave (located in the River Des Peres right-of-way). The next Agenda item was a discussion by Ginny Kienstra regarding an Ordinance for a Diversity Reporting Application. Proposed Ordinance No. 16343 authorizes the District to enter into a contract with B2G Now for one-time implementation services of $71,535 and a one-year SaaS cloud subscription of $175,100. The contract includes five option years for SaaS cloud subscription. Information Technology prepared a business case for FY24 and planned for the implementation and software expense. The next Agenda item was a discussion by Tracey Coleman regarding an Ordinance for the District's Classification Plan. Proposed Ordinance No. 16342 will update classifications to reflect retitling and eliminating of existing positions and introduce new job titles. All changes have been approved by the Civil Service Commission. The next agenda item was a discussion by Bret Berthold regarding the Operations Department Semi-Annual Regulatory Compliance Report. Bret's presentation included a summary of Plant Compliance, Customer Service, and Collection System metrics. The Operations Department continues to work diligently to meet and exceed metric standards. There is no Board action required at this time. The last Agenda item was a discussion by Brian Hoelscher regarding the Board Chair Election Process. Brian explained that the last item on the March 14, 2024 Board Agenda will be the appointment of the next Chairperson for MSD's Board of Trustees. The City Trustees will elect a County Trustee to be the next Chairperson, who will serve from March 16, 2024 to March 15, 2025. Next Tentative Meeting Date, Tuesday, April 2, 2024; Adjournment This concludes the Program Management Board Comments Report.  ~ ~ ~ ~ ~ AUDIT COMMITTEE REPORT The Audit Committee met on March 5 at approximately 9:07 a.m. The meeting was attended by Trustees Watson and Wilson, with Trustees Evans, Fehr, Nicosizin, and Wahby attending online. Chairperson Watson called roll and had no introductory comments. The minutes of the January 2 Audit Committee meeting were approved. Next, Internal Audit presented a report for an audit engagement that consisted of a review of the District’s operational technology systems and the cybersecurity controls related to those systems. The operational technology systems are utilized to control and monitor the District’s collection and treatment systems and equipment. The overall objective of this engagement was to ensure that the cybersecurity controls related to the systems at the District’s treatment plant and pump stations are adequately designed and implemented. The engagement received a “Generally Satisfactory” opinion. Six (6) Opportunities for Improvement were presented and discussed with the Committee. One of the items was considered to be a high priority item. Questions were addressed by Internal Audit as they were received from the Committee. 4 Closed Session - Trustee Watson called a vote at approximately 9:21 a.m. to move the meeting to Closed Session to Discuss Records that Identify the Configuration of Components or the Operation of a Computer, Computer System, Computer Network, or Telecommunication Network, and Would Allow Unauthorized Access to or Unlawful Disruption of a Computer, Computer System, Computer Network, or Telecommunications Network of a Public Governmental Body Under RSMo 610.021(21). Trustee Watson called a vote and moved the meeting to Open Session at approximately 9:31a.m The meeting was adjourned at approximately 9:31 a.m. The next Audit Committee meeting is tentatively scheduled for Tuesday, April 2, 2024. This concludes the Audit Committee Report. ~ ~ ~ ~ ~ Report of the Executive Director: Vice Chairperson Wilson asked if there was a report of the Executive Director and Brian Hoelscher said he had a statement: Brian Hoelscher said he had two items. He said that Trustee Fehr’s term ends on Friday, March 15, 2024, and that staff wishes her luck and thanks her for all her hard work. The second item he wanted to mention that the election of the Board Chair will be the last item on the agenda. The City Trustees will select an existing County appointed Board member to serve out the one-year balance of Chairperson Fehr’s term from Saturday, March 16, 2024 through March 15, 2025. The Secretary-Treasurer, Tim Snoke, will guide the Board through the process. Comments by the Public: Vice Chairperson Wilson announced that there was one member of the public requesting to address the Board, Tom Sullivan: Mr. Sullivan said that Ordinance 16260 putting Proposition S on the ballot did not have exemptions for streets, roads, or alleys; he doubts that the District would ever create an impervious charge for these categories, though legally it could. He said Proposition S is the latest in the District’s sorry record on stormwater flooding and erosion control. He said the negligence has cost homeowners millions and resulted in death. Mr. Sullivan said University City has been asking for help with River des Peres since 1966 and have been told that erosion was their issue to deal with. Mr. Sullivan said that Proposition W wouldn’t be needed if MSD would have met clean water standards 50 years ago and the feds would have paid for it then. He said that in 1986 MSD was dumping 100 million gallons of sewage per day into the Mississippi River and other streams. He said MSD installed these bypasses, saving developers money because they didn’t have to install larger sewers, and now MSD brags about removing them. Trustee Wilson asked if there was a response from staff. Brian Hoelscher said he did want to address one item Mr. Sullivan mentioned. The 1993 Ordinance Mr. Sullivan referred to about what MSD will not bill for, such as streets, roads, and sidewalks, was created before the inception of the Rate Commission. The Rate Commission’s rate proposals have since included what items would not be charged an impervious rate such as roads and streets. The board passed the rate proposal ordinance with those conditions and restrictions in place. MSD staff and Board wouldn’t, and doesn’t plan to, have the option to bill for these things unless a specific Board action changed them. 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 18. CONSENT AGENDA Adoption of Ordinance No. 16314 - CSO Volume Reduction Green Infrastructure – Crossroads Senior Living at Bevo Mill (14088) Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an agreement with Tower Grove Community Development Corporation, for cost sharing for green infrastructure construction in CSO Volume Reduction Green Infrastructure – Crossroads Senior Living at Bevo Mill (14088) in the City of St. Louis, Missouri. Adoption of Ordinance No. 16315 - CSO Volume Reduction Green Infrastructure – Foster Funeral Home (13810) 5 Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an agreement with Foster’s Services for Funerals, for cost sharing for green infrastructure construction in CSO Volume Reduction Green Infrastructure – Foster Funeral Homes (13810) in the City of St. Louis, Missouri. Adoption of Ordinance No. 16316 - SCADA System Upgrade (13467) A supplemental appropriation of One Million Dollars ($1,000,000.00) from the Sanitary Replacement Fund to be used for planning, design, and engineering during construction phase services in SCADA System Upgrade (13467) 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. 3 to Contract No. 22010 with EMA, Inc. for planning, design, and engineering during construction phase services. Adoption of Ordinance No. 16317 - Friedens (Partial) I/I Reduction (Chain Of Rocks Dr and Fontaine Pl) (12185) An appropriation of One Million Seven Hundred Thousand Dollars ($1,700,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer construction in Friedens (Partial) I/I Reduction (Chain of Rocks Dr and Fontaine Pl) (12185) in the Cities of Bellefontaine Neighbors and St. Louis, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 53074 with Gershenson Construction Company, Inc. for sanitary sewer construction. Adoption of Ordinance No. 16318 - Spoede Road Sanitary Sewer Improvements (13623) An appropriation of Five Hundred Eighty Thousand Dollars ($580,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer construction in Spoede Road Sanitary Sewer Improvements (13623) in the Cities of Frontenac and 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. 53071 with Gershenson Construction Co., Inc. for sanitary sewer construction. Adoption of Ordinance No. 16319 - Glenmary to White Rose Storm Improvements (11314) An appropriation of Five Hundred Forty Thousand Dollars ($540,000.00) from the Operations, Maintenance, Construction, and Improvement Fund of University City to be used for storm sewer construction in Glenmary to White Rose Storm Improvements (11314) in the City of Olivette, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 53073 with J.H. Berra Construction Co., Inc. for storm sewer construction. Adoption of Ordinance No. 16320 - Lambert Airport Restricted Access Assets Inspection and Repair (13747) An appropriation of One Hundred Thousand Dollars ($100,000.00) from the Sanitary Replacement Fund to be used for design in Lambert Airport Restricted Access Assets Inspection and Repair (13747) 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. 53095 with Crawford, Murphy & Tilly, Inc. for design. Adoption of Ordinance No. 16321 - Deer Creek OMCI Reimbursements Program (City of Frontenac 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 Frontenac, for cost sharing for municipal stormwater expenditures in Deer Creek OMCI Reimbursements Program (City of Frontenac Agreement) (13487) in St. Louis County, Missouri. Adoption of Ordinance No. 16322 - CSO Brentwood and Red Bud Ave CSO Interceptor (I-118)/Outfall (L-111) Elimination and Sewer Separation (12139) Declaring the necessity for the acquisition of easements and temporary construction 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 CSO - Brentwood and Red Bud Ave CSO Interceptor (I-118)/Outfall (L-111) Elimination and Sewer Separation (12139) in the Cities of Clayton and Richmond Heights, Missouri to serve the needs of residents of the area, and authorizing staff to proceed with further condemnation efforts related to the project, including but not limited to the purchase and/or the filing of all necessary court pleadings or documents to commence and prosecute formal legal proceedings for the acquisition of said easements and temporary construction easements. Motion was made by Trustee Wahby, seconded by Trustee Watson for adoption of Ordinance Nos. 16314 through 16322 Motion passed: 5 Ayes - 0 Nays - 0 Abstained Poll Taken: A. Fehr Absent, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby-AYE 6 UNFINISHED BUSINESS ORDINANCES • None RESOLUTIONS • None NEW BUSINESS ORDINANCES Introduction of Ordinance No. 16323 - CSO Volume Reduction Green Infrastructure – Jennings Single Family Development (14069) Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an agreement with LMAC Holdings LLC, for cost sharing for green infrastructure construction in CSO Volume Reduction Green Infrastructure – Jennings Single Family Development (14069) in the City of Jennings, Missouri. Motion was made by Trustee Wahby, seconded by Trustee Nicozisin that Ordinance No. 16323 be introduced. Motion passed: 5 Ayes - 0 Nays - 0 Abstained Poll Taken: A. Fehr Absent, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby-AYE Introduction of Ordinance No. 16324 - CSO Volume Reduction Green Infrastructure – Urban League Parking Lot (14066) Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an agreement with Urban League of Metropolitan St. Louis, Inc., for cost sharing for green infrastructure construction in CSO Volume Reduction Green Infrastructure – Urban League Parking Lot (14066) in the City of St. Louis, Missouri. Motion was made by Trustee Wahby, seconded by Trustee Evans that Ordinance No. 16324 be introduced. Motion passed: 5 Ayes - 0 Nays - 0 Abstained Poll Taken: A. Fehr Absent, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby-AYE Introduction of Ordinance No. 16325 - Bissell & Lemay WWTF Fluidized Bed Incinerators (Design) (12565) A supplemental appropriation of Fifteen Million Six Hundred Thousand Dollars ($15,600,000.00) from the Sanitary Replacement Fund to be used for engineering during construction phase services in Bissell & Lemay WWTF Fluidized Bed Incinerators (Design) (12565) in the City of St. Louis and Unincorporated St. Louis County, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Amendment No. 10 to Contract No. 21783 with Black & Veatch Corporation for engineering during construction phase services. Motion was made by Trustee Nicozisin, seconded by Trustee Wilson that Ordinance No. 16325 be introduced. Motion passed: 5 Ayes - 0 Nays - 0 Abstained Poll Taken: A. Fehr Absent, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby-AYE Introduction of Ordinance No. 16326 - Construction Management Services – Lower Meramec and Deer Creek Tunnels (11826) A supplemental appropriation of Three Million Dollars ($3,000,000.00) from the Sanitary Replacement Fund to be used for construction management services in Construction Management Services—Lower Meramec and Deer Creek Tunnels (11826) at various locations within the District; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to amend Contract No. 20099 with Black & Veatch Corporation for construction management services. Motion was made by Trustee Wahby, seconded by Trustee Watson that Ordinance No. 16326 be introduced. Motion passed: 5 Ayes - 0 Nays - 0 Abstained Poll Taken: A. Fehr Absent, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby-AYE 7 Introduction of Ordinance No. 16327 - Construction Management Services – Tank/Treatment/Pump Station Facilities (11151) A supplemental appropriation of Three Million Five Hundred Thousand Dollars ($3,500,000.00) from the Sanitary Replacement Fund to be used for construction management services in Construction Management Services – Tank/Treatment/Pump Station Facilities (11151) at various locations within the District; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to amend Contract No. 20100 with KAI 360 Construction Services, LLC for construction management services. Motion was made by Trustee Nicozisin, seconded by Trustee Wahby that Ordinance No. 16327 be introduced. Motion passed: 5 Ayes - 0 Nays - 0 Abstained Poll Taken: A. Fehr Absent, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby-AYE Introduction of Ordinance No. 16328 - Lower Meramec River System Improvements – Baumgartner to Fenton WWTF Tunnel (11746) A supplemental appropriation of Sixty-Two Million Dollars ($62,000,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer construction in Lower Meramec River System Improvements—Baumgartner to Fenton WWTF Tunnel (11746) in Unincorporated St. Louis County, the Cities of Sunset Hills and Fenton, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to appropriate additional funds to Contract No. 21914 with SAK Construction, LLC for sanitary sewer construction. Motion was made by Trustee Nicozisin, seconded by Trustee Watson that Ordinance No. 16328 be introduced. Motion passed: 5 Ayes - 0 Nays - 0 Abstained Poll Taken: A. Fehr Absent, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby-AYE Introduction of Ordinance No. 16329 - Infrastructure Repairs (Wastewater) (2024) (12990) A supplemental appropriation of Seven Hundred Fifty Thousand Dollars ($750,000.00) from the Sanitary Replacement Fund and Seven Hundred Fifty Thousand Dollars ($750,000.00) from the General Fund to be used for repair and replacement of manholes, sewers and other infrastructure in Infrastructure Repairs (Wastewater) (2024) (12990) in various locations throughout the District. Motion was made by Trustee Wahby, seconded by Trustee Evans that Ordinance No. 16329 be introduced. Motion passed: 5 Ayes - 0 Nays - 0 Abstained Poll Taken: A. Fehr Absent, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby-AYE Introduction of Ordinance No. 16330 - Conway Road Sanitary Relief (Conway Ln to Dwyer Ave) (12130) An appropriation of Five Hundred Fifty Thousand Dollars ($550,000.00) from the Sanitary Replacement Fund to be used for sanitary sewer construction in Conway Road Sanitary Relief (Conway Ln to Dwyer Ave) (12130) in the City of Ladue, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 53090 with Unnerstall Contracting Co, LLC for sanitary sewer construction. Motion was made by Trustee Wahby, seconded by Trustee Nicozisin that Ordinance No. 16330 be introduced. Motion passed: 5 Ayes - 0 Nays - 0 Abstained Poll Taken: A. Fehr Absent, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby-AYE Introduction of Ordinance No. 16331 - Daniel Road Storm Sewer Relief (12703) An appropriation of Four Hundred Fifty Thousand Dollars ($450,000.00) from the Operations, Maintenance, Construction and Improvement Fund of Deer Creek to be used for storm sewer construction in Daniel Road Storm Sewer Relief (12703) in the City of Ladue, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 53091 with Wehmeyer Farms, Inc. for storm sewer construction. Motion was made by Trustee Wahby, seconded by Trustee Evans that Ordinance No. 16331 be introduced. Motion passed: 5 Ayes - 0 Nays - 0 Abstained Poll Taken: A. Fehr Absent, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby-AYE 8 Introduction of Ordinance No. 16332 - Stormwater Infrastructure Repairs (Rehabilitation) (2024) (13129) An appropriation of Two Million One Hundred Thousand Dollars ($2,100,000.00) from the District Stormwater Fund to be used for sewer rehabilitation in Stormwater Infrastructure Repairs (Rehabilitation) (2024) (13129) 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. 53089 with SAK Construction, LLC for sewer rehabilitation. Motion was made by Trustee Wahby, seconded by Trustee Nicozisin that Ordinance No. 16332 be introduced. Motion passed: 5 Ayes - 0 Nays - 0 Abstained Poll Taken: A. Fehr Absent, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby-AYE Introduction of Ordinance No. 16333 - Lower Middle River Des Peres ORS SCADA PLC and Network Upgrades (13832) An appropriation of Two Million Seven Hundred Thousand Dollars ($2,700,000.00) from the Sanitary Replacement Fund to be used for pump station improvements in Lower Middle River Des Peres ORS SCADA PLC Network Upgrades (13832) in the City of St. Louis and Unincorporated St. Louis County, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 53055 with Corrigan Company for pump station improvements. Motion was made by Trustee Wahby, seconded by Trustee Nicozisin that Ordinance No. 16333 be introduced. Motion passed: 5 Ayes - 0 Nays - 0 Abstained Poll Taken: A. Fehr Absent, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby-AYE Introduction of Ordinance No. 16334 - Grantwood Storm Sewer Improvements (13911) An appropriation of Five Hundred Thousand Dollars ($500,000.00) from the Operations, Maintenance, Construction and Improvement Fund of Gravois Creek to be used for cost share for municipal stormwater expenditures in Grantwood Storm Sewer Improvements (13911) within the Town of Grantwood Village, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into an agreement with the Town of Grantwood Village for cost share for municipal stormwater expenditures.. Motion was made by Trustee Watson, seconded by Trustee Evans that Ordinance No. 16334 be introduced. Motion passed: 5 Ayes - 0 Nays - 0 Abstained Poll Taken: A. Fehr Absent, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby-AYE Introduction of Ordinance No. 16335 - CCTV Inspection and Physical Inspection of Sewers (2023) (12804) A supplemental appropriation of One Million Five Hundred Thousand Dollars ($1,500,000.00) from the General Fund to be used for CCTV inspection and physical inspection of sewers and sewer cleaning in CCTV Inspection and Physical Inspection of Sewers (2023) (12804) throughout the Metropolitan Sewer District service area. Motion was made by Trustee Wahby, seconded by Trustee Nicozisin that Ordinance No. 16335 be introduced. Motion passed: 5 Ayes - 0 Nays - 0 Abstained Poll Taken: A. Fehr Absent, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby-AYE The Secretary-Treasurer asked the Trustees if they would object to the following 5 ARPA funded project Ordinances read separately but voted on together. Hearing none, Mr. Snoke moved forward with the reading. Introduction of Ordinance No. 16336 - Cedarhurst Drive Creek Bank Stabilization (11259) Declaring the necessity for the acquisition of easements and temporary construction 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 Cedarhurst Drive Creek Bank Stabilization (11259) 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. Introduction of Ordinance No. 16337 - Dellwood Creek Bank Stabilization- West Florissant Ave. to Hudson Rd. (11255) Declaring the necessity for the acquisition of easements and temporary construction 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 Dellwood Creek Bank Stabilization - West Florissant Ave. to Hudson Rd. (11255) in Ferguson, 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. 9 Introduction of Ordinance No. 16338 - Dellwood Creek Streambank Stabilization (MCDW-15) (11060) Declaring the necessity for the acquisition of easements and temporary easements in certain real property and the fee simple acquisition of one real property within The Metropolitan St. Louis Sewer District for the purpose of construction of sewers and related appurtenances in the project known as Dellwood Creek Streambank Stabilization (MCDW-15) (11060) 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, temporary construction easements, and fee simple rights by purchase or by the institution of condemnation proceedings. Introduction of Ordinance No. 16339 - Ferguson Branch Streambank Stabilization – Church to Darst (11291) Declaring the necessity for the acquisition of easements and temporary construction 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 Ferguson Branch Streambank Stabilization - Church to Darst (11291) in Ferguson, 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. Introduction of Ordinance No. 16340 - Maline Creek Bank Stabilization (St. Louis Place to Florissant Road) (11292) Declaring the necessity for the acquisition of easements and temporary construction 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 Maline Creek Bank Stabilization (St. Louis Place to Florissant Road) (11292) in Ferguson, Missouri to serve the needs of residents of the area, and authorizing staff to proceed with further condemnation efforts related to the project, including but not limited to the purchase and/or the filing of all necessary court pleadings or documents to commence and prosecute formal legal proceedings for the acquisition of said easements and temporary construction easements. Motion was made by Trustee Wilson, seconded by Trustee Nicozisin that Ordinance No. 16336 through 16340 be introduced. Motion passed: 5 Ayes - 0 Nays - 0 Abstained Poll Taken: A. Fehr Absent, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby-AYE Introduction of Ordinance No. 16341 - Midland Optical Lease Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to lease certain real property of the District in the City of St. Louis, Missouri known and numbered as 1833 Knox Industrial Ave. to MOC Acquisition Corporation d/b/a Midland Optical, for use as an employee and visitor parking lot, and to execute a Lease Agreement upon the terms and conditions hereinafter set out. Motion was made by Trustee Wilson, seconded by Trustee Wahby that Ordinance No. 16341 be introduced. Motion passed: 5 Ayes - 0 Nays - 0 Abstained Poll Taken: A. Fehr Absent, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby-AYE Introduction of Ordinance No. 16342 - Classification Plan Repealing Ordinance No. 16182, as adopted on August 10, 2023, and enacting a new Ordinance prescribing changes to the Classification Plan to update classifications to reflect the introduction of new job titles and eliminating and retitling existing job titles., all changes have been approved by the Civil Service Commission. Motion was made by Trustee Watson, seconded by Trustee Nicozisin that Ordinance No. 16342 be introduced. Motion passed: 5 Ayes - 0 Nays - 0 Abstained Poll Taken: A. Fehr Absent, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby-AYE 10 Introduction and Adoption of Ordinance No. 16343 - B2G Now Diversity Reporting Application Authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with B2G Now, whereby B2G will provide cloud-based software solutions for Diversity reporting for the District. Motion was made by Trustee Wilson, seconded by Trustee Nicozisin that Ordinance No. 16343 be introduced. Motion passed: 5 Ayes - 0 Nays - 0 Abstained Poll Taken: A. Fehr Absent, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby-AYE The Secretary Treasurer asked if there was an objection to the Suspension of Rule, Hearing None Motion was made by Trustee Wilson, seconded by Trustee Watson that Ordinance No. 16343 be adopted. Motion passed: 5 Ayes - 0 Nays - 0 Abstained Poll Taken: A. Fehr Absent, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby-AYE Introduction and Adoption of Ordinance No. 16344 - Tender Offer to Purchase Outstanding Wastewater System Revenue Bonds Authorizing the District to make a Tender Offer to purchase a portion of the District’s outstanding Wastewater System Revenue Bonds; and authorizing certain other actions and documents and prescribing other matters relating thereto. Motion was made by Trustee Nicozisin, seconded by Trustee Evans that Ordinance No. 16344 be introduced. Motion passed: 5 Ayes - 0 Nays - 0 Abstained Poll Taken: A. Fehr Absent, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby-AYE The Secretary Treasurer asked if there was an objection to the Suspension of Rule, Hearing None Motion was made by Trustee Wilson, seconded by Trustee Nicozisin that Ordinance No. 16344 be adopted. Motion passed: 5 Ayes - 0 Nays - 0 Abstained Poll Taken: A. Fehr Absent, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby-AYE Introduction and Adoption of Ordinance No. 16345 - Wastewater System Refunding Bonds Authorizing and directing the issuance, sale and delivery of Wastewater System Refunding Revenue bonds of the Metropolitan St. Louis Sewer District; prescribing the form and details of said bonds; and authorizing certain actions and documents and prescribing other matters relating thereto. Motion was made by Trustee Wilson, seconded by Trustee Evans that Ordinance No. 16345 be introduced. Motion passed: 5 Ayes - 0 Nays - 0 Abstained Poll Taken: A. Fehr Absent, 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 Watson, seconded by Trustee Nicozisin that Ordinance No. 16345 be adopted. Motion passed: 5 Ayes - 0 Nays - 0 Abstained Poll Taken: A. Fehr Absent, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby-AYE Introduction and Adoption of Ordinance No. 16346 - Emergency Repair #074 (Idaho and Blow) (14107) An appropriation of Eight Hundred Thousand Dollars ($800,000.00) from the Emergency Fund to be used for emergency repair in Emergency Repair #074 (Idaho and Blow) (14107) in the City of St. Louis, Missouri; and authorizing the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into Contract No. 53103 with Bates Utility Company for emergency repair. Motion was made by Trustee Wilson, seconded by Trustee Nicozisin that Ordinance No. 16346 be introduced. Motion passed: 5 Ayes - 0 Nays - 0 Abstained Poll Taken: A. Fehr Absent, 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 Wahby that Ordinance No. 16346 be adopted. Motion passed: 5 Ayes - 0 Nays - 0 Abstained Poll Taken: A. Fehr Absent, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby-AYE RESOLUTIONS Adoption of Resolution No. 3882 – Expressing the Board of Trustees’ appreciation to Michael T. Hartman for his 15 years of exemplary service to the Metropolitan St. Louis Sewer District from October 13, 2008, to his retirement effective February 1, 2024. Motion was made by Trustee Watson, seconded by Trustee Evans that Resolution No.3882 be adopted. Motion passed: 5 Ayes - 0 Nays - 0 Abstained Poll Taken: A. Fehr Absent, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby-AYE 11 Adoption of Resolution No. 3883 – Expressing the Board of Trustees’ appreciation to Susan M. Myers for her 22 years of exemplary service to the Metropolitan St. Louis Sewer District from August 6, 2001, to her retirement effective March 1, 2024. Motion was made by Trustee Nicozisin, seconded by Trustee Wahby that Resolution No.3883 be adopted. Motion passed: 5 Ayes - 0 Nays - 0 Abstained Poll Taken: A. Fehr Absent, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby-AYE Adoption of Resolution No. 3884 – Expressing the Board of Trustees’ appreciation to Ronald E. Wasser for his 24 years of exemplary service to the Metropolitan St. Louis Sewer District from August 2, 1999, to his retirement effective March 1, 2024. Motion was made by Trustee Nicozisin, seconded by Trustee Wahby that Resolution No.3884 be adopted. Motion passed: 5 Ayes - 0 Nays - 0 Abstained Poll Taken: A. Fehr Absent, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby-AYE Adoption of Resolution No. 3885 – Expressing the Board of Trustees’ appreciation to Robert G. Wibbenmeyer for his 35 years of exemplary service to the Metropolitan St. Louis Sewer District from February 22, 1989, to his retirement effective March 1, 2024. Motion was made by Trustee Wahby, seconded by Trustee Nicozisin that Resolution No.3885 be adopted. Motion passed: 5 Ayes - 0 Nays - 0 Abstained Poll Taken: A. Fehr Absent, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby-AYE Adoption of Resolution No. 3886 – Expressing the Board of Trustees’ appreciation to Keith E. Lang for his 30 years of exemplary service to the Metropolitan St. Louis Sewer District from December 6, 1993, to his retirement effective March 1, 2024. Motion was made by Trustee Wahby, seconded by Trustee Nicozisin that Resolution No.3886 be adopted. Motion passed: 5 Ayes - 0 Nays - 0 Abstained Poll Taken: A. Fehr Absent, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby-AYE Adoption of Resolution No. 3887 – Real Property Acquisition Consultant Services – O.R. Colan Associates, Inc. The adoption of Resolution No. 3887 will exercise option year (1) of the contract previously authorized by Ordinance No. 16061, adopted February 9, 2023, which authorized the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with O.R. Colan Associates, Inc., whereby O.R. Colan Associates will provide Real Property Acquisition Consultant Services throughout various locations within the District. Motion was made by Trustee Wilson, seconded by Trustee Nicozisin that Resolution No.3887 be adopted. Motion passed: 5 Ayes - 0 Nays - 0 Abstained Poll Taken: A. Fehr Absent, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby-AYE Adoption of Resolution No. 3888 – Banking Services Contract Resolution No. 3888 will exercise option year one (1) of the contract previously authorized by Ordinance No. 15600, 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 US Bank N.A., whereby US Bank N.A. would provide deposit and safekeeping services to the District. Motion was made by Trustee Wilson, seconded by Trustee Evans that Resolution No.3888 be adopted. Motion passed: 5 Ayes - 0 Nays - 0 Abstained Poll Taken: A. Fehr Absent, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby-AYE Adoption of Resolution No. 3889 – Pension Investment Consultant Resolution No. 3889 will authorize one (1) additional six (6) month term to the contract previously authorized by Ordinance No. 15006, adopted August 13, 2018, which authorized the Executive Director and Secretary-Treasurer on behalf of The Metropolitan St. Louis Sewer District to enter into a contract with AON Hewitt Investment Consulting, Inc. (AON), whereby AON would provide investment advisory services for the District’s Defined Benefit Plan, Deferred Compensation Plan and Defined Contribution Plan. Motion was made by Trustee Wilson, seconded by Trustee Evans that Resolution No.3889 be adopted. Motion passed: 5 Ayes - 0 Nays - 0 Abstained Poll Taken: A. Fehr Absent, R. Wilson AYE, G. Nicozisin AYE, M. Evans-AYE, B. Watson-AYE, B. Wahby-AYE 12 ITEMS PROPOSED FOR INTRODUCTION AND ADOPTION AT THE NEXT BOARD MEETING • None ANY OTHER BUSINESS THAT MAY PROPERLY BE BROUGHT BEFORE THE BOARD: The Secretary-Treasurer, Tim Snoke, led the board election of a County Chair: Tim Snoke asked if a City Trustee would like to nominate a County Chair. Trustee Wahby motioned to nominate Trustee Nicozisin; Trustee Evans seconded the motion to Nominate Trustee Nicozisin. With there being no further nominations, the nominations were closed. The City Trustees were called to vote for the County Chair. All voted in favor for Trustee Nicozisin as Board Chair. The new Chair for the Metropolitan St. Louis Sewer District from March 16, 2024, through March 15, 2025, is Trustee Nicozisin. The Secretary-Treasurer, Tim Snoke, closed the election proceeding. Congratulations to Trustee Nicozisin. ADJOURNMENT Vice Chairperson Wilson asked for a motion to adjourn the meeting at 5:38 p.m. Motion was made by Trustee Watson and seconded by Trustee Evans. ___________________________________ Secretary-Treasurer