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HomeMy Public PortalAboutPlan Amendment Commission Meeting Minutes 7-29-2019MSD PLAN AMENDMENT COMMISSION 2020 OFFICIAL PUBLIC MEETING MINUTES 1 Meeting Minutes MSD Plan Amendment Commission 2020 Date: Monday, July 29, 2019 Location: MSD, Room 214, 2350 Market Street, St. Louis, MO, 63103 Attendees MSD Staff:  Brian Hoelscher  Tamara Minley-Clinton  Tim Snoke  Danielle Dailey Plan Amendment Commissioners:  John J. Stiffler (Chairman)  Pam Boyd  Darnetta Clinkscale  Michael J. Colona  Linda Goldstein  Jake Hummel  Matthew B. Leppert  Earl E. Nance, Jr.  Gerry Welch Members of the Public:  No members of the public were present Comments from the Public  No comments from the public Overview and Objectives of the Meeting | Mr. John Stiffler, Chairman of the Commission  Roll Call  Oath of Office Taken o MSD’s Secretary Treasurer Tim Snoke presented and issued the Commissioners with their Oath of Office, all present Commissioners took the Oath of Office and signed the Oath of Office. MSD PLAN AMENDMENT COMMISSION 2020 OFFICIAL PUBLIC MEETING MINUTES 2  Public Comment o No members of the Public were present to provide the Commission with comments o The Commission discussed which rules it would like to adopt for its procedure to receive Public Comments. o At the June Orientation Meeting the Commissioners discussed adopting a 3 minute limit for Public Comment.  Commissioners Goldstein and Welch both mentioned that they have seen municipalities limit public comment to three minutes. Commissioner Clinkscale also stated that the St. Louis Public School Board limits public comment to three minutes. o MSD staff provided the Commissioners with MSD’s Resolution No. 2941, Section 1, Rule 7 which governs public comment for MSD’s Board of Trustees meetings to review as a possible format to follow to receive public comment for the Plan Amendment Commission meetings. o The Commission reviewed MSD Resolution No. 2941, Section 1, Rule 7.  Chairman Stiffler moved for the Commission to adopt Rule 7 from Section 1 of MSD Resolution No. 2941 for its rules governing public comment for its meetings, with the exception that each speaker will be allotted three (3) minutes to speak instead of the five (5) allotted in the resolution.  The motion was seconded and approved by the Commission.  Rule 7 of Section 1 of MSD’s Resolution No. 2941 will govern procedure for public comment for MSD’s Plan Amendment Commission, with the exception that speakers will be given three (3) minutes to present their comments. o Danielle Dailey will create a document with the above Plan Amendment Commission’s adopted rules for public comment. This document will be sent with the next agenda as well as available as a hard copy at the August meeting.  PAC Website and Email o Chairman Stiffler presented the Commission with the Website address and the email address for the Plan Amendment Commission.  Website: https://www.stlmsd.com/our-organization/organization- overview/plan-amendment-commission  Email: PAC@stlmsd.com o Commissioners should forward any documents, questions, comments, etc. they receive from the public to the PAC email. o Additionally Commissioners may also submit any of their own questions or comments to the PAC email. o Danielle Dailey and Tamara Minley-Clinton have access to the PAC email.  Methods for Solicited Input Discussed MSD PLAN AMENDMENT COMMISSION 2020 OFFICIAL PUBLIC MEETING MINUTES 3 o At the Commission’s orientation meeting, MSD Staff was asked to present the Commission with entities solicited for comment the last time the Charter was updated. o MSD staff does not have a comprehensive list of all entities solicited for comment in 2010, however MSD staff presented to the Commission at the July 29, 2019 meeting a list of entities/individuals who submitted comment to MSD’s Plan Amendment Commission in 2010.  Those entities include: Village of Wilbur Park; St. Louis County Parks; St. Louis County Public Works; Missouri Growth Association; Pat Stelzer, residential customer; Call Newspapers; St. Louis County Municipal League; Associated General Contractors (AGC) of America, St. Louis o Commissioner Leppert asked if the 2010 Commission directly solicited all of the municipalities in MSD’s jurisdiction? Mr. Hoelscher stated that he was not sure but he believed the 2010 Commission solicited comment from the Municipal League instead of each individual municipality. o Commissioner Goldstein presented the idea of narrowing solicitation by submitting a request for comment on suggested amendments the Commission agrees on, in order to solicit more educated comments instead of a broad request for any comment on updating the Charter. o Danielle Dailey will check to see if there is a copy of the letters submitted to entities in 2010 soliciting comment. o Commissioner Welch suggested sending a questionnaire or survey with MSD’s billing process, with the questions narrowed down to agreed-upon discussion points from the Commission.  Mr. Hoelscher stated that we can match up surveys or questionnaires with other communication, and also suggested MSD’s website. o Commissioner Welch asked if we have a PR Firm we are using? Mr. Hoelscher responded that we will use MSD’s internal Public Relations department.  Review of 2010’s Commission’s Document o Chairman Stiffler and Danielle Dailey presented to the Commission the document that the 2010 Plan Amendment Commission produced to the Board of Trustees in 2010. o Ms. Dailey explained each document and asked the Commission if they had any objections to following the 2010 format for the 2020 amendments to be presented to the Board. No one had any objections to following this format. o If Commissioners have any suggestions or comments for formatting, please submit suggestions to Danielle Dailey (phone or email) or the PAC email address.  Review MSD’s Charter o Mr. Hoelscher explained that prior to Article I, the MSD Charter provides a brief history of the District. Additionally, Mr. Hoelscher explained that every time the Charter is updated the Commission must include a “Message Relating to the MSD PLAN AMENDMENT COMMISSION 2020 OFFICIAL PUBLIC MEETING MINUTES 4 Amendments” for the year it is amended. This Commission will need to provide a “Message Relating to the Amendments in Year 2020.”  Review of Article I of MSD’s Charter o Article I is titled “Incorporation and Government” o There are currently no staff recommended amendments to Article I of MSD’s Charter o The Commission did not have any recommended amendments to Article I of MSD’s Charter  Review of Article II of MSD’s Charter o Article II is titled, “District Boundaries and Extensions” o There are currently no staff recommended amendments to Article II of MSD’s Charter o Commissioner Welch initiated a discussion for Section 2.020 of Article 2, located on page 3 of the Charter.  Commissioner Welch wanted clarity on the voting process and voting information presented to voters when an extension of District boundaries is presented.  Her questions included: “When it goes to the ballot, what does the vote obligate you to?”; “If I vote yes, what will it cost me?”; “Is MSD required to provide the public with a financial impact statement”  Commissioner Leppert asked for clarification on annexation, and Mr. Hoelscher explained that a petition must be signed by a specific number of property owners and the petition must be then presented to MSD who will present it to its board. Annexation occurs at the request of the property owners and the decision from the Board.  Commissioner Leppert then questioned the Commission and asked that if the Commission wanted to provide the public with cost estimates, financial impact statements, cost to MSD, costs to the rate payers, and other documents then should it be the petitioning property owners who are responsible to have that information produced or MSD?  Commissioner Colona brought up the feasibility of providing these kinds of costs and impact statements because they can be presented in so many different ways, i.e. a ten year breakdown, a five year impact, etc.  Mr. Hoelscher explained that annexation would be very rare in the future as MSD currently covers all of St. Louis City and 90% of St. Louis County. The only remaining area to be annexed would be spot annexation in Wildwood and the very unlikely whole annexation of Eureka. Everything else has already been annexed.  Commissioner Welch explains that in Section 2.020 on page 3 of the MSD Charter, the Charter already states, MSD PLAN AMENDMENT COMMISSION 2020 OFFICIAL PUBLIC MEETING MINUTES 5  “The Board of the District may prescribe conditions precedent to entertaining such petition for annexation, including the condition that the District shall have free access to the area for the purposes of making maps, profiles, drawings, or other data necessary to a consideration of the petition and for apportionment of costs of construction and maintenance.”  Commissioner Welch suggests adding language somewhat to the effect, “and that information shall be made available to the public” at the end of that sentence.  Danielle Dailey will draft up some possible language options for the Commission to review and consider at its next meeting. Members of the Commission have also been encouraged to submit language suggestions to Danielle to include at the next meeting. o Commissioner Clinkscale initiated a discussion for section 2.020 of Article 2 and asked about the language, “A petition praying for annexation…” specifically wondering if the word “praying” was intentionally used here.  Commissioner Leppert explained to the Commission that the phrase “A petition praying” is a legal term of art that is commonly used to introduce legal documents.  Review of Article III of MSD’s Charter o Article III is titled, “Powers of the District” o There are currently no staff recommended amendments to Article III of MSD’s Charter o Commissioner Welch had several questions regarding MSD’s authority in regards to Sections 3.020 and 3.030; however, during the discussion of her questions she stated that it would probably be better to contact Mr. Hoelscher directly about her questions for one-on-one responses. o There were no recommended amendments to Article III of MSD’s Charter at this time.  Actions to be Accomplished By Next Meeting o The Commission agreed to review Articles 4, 5, 6, and 7 by the next meeting to discuss.  Danielle Dailey emailed the Commissioners an electronic copy of the Redlined Charter and Staff Briefing Notes on 7/8/2019. Please contact Danielle if you did not receive this or need another copy. o MSD Staff has recommended amendments to Articles 5 and 7 of the MSD Charter for the Staff to review and discuss in its next meeting. o The Commission will discuss the proposed amendment to Section 2.020 at the next meeting and potentially vote on a language amendment. o The Commission should begin to think of entities to solicit comment from, the Commission will not discuss this until its third official meeting in September. In MSD PLAN AMENDMENT COMMISSION 2020 OFFICIAL PUBLIC MEETING MINUTES 6 the meantime Commissioners are welcome to send Danielle any suggestions of entities to solicit.  Scheduling of Next Meeting o The next meeting will occur on Monday August 26, 2019 at 8:00 A.M. at MSD in Room 109. To-Do Items  Next Meeting: August 26, 8:00 A.M., MSD, Room 109  Articles of the Charter to Review: 4, 5, 6, and 7  Tasks o Danielle Dailey:  Send Commission the Meeting Minutes for the July 29, 2019 Meeting by August 5, 2019.  Draft proposed language for Section 2.020 for the Commissioners to consider at their August meeting  Draft a document with the Plan Amendment Commission’s adopted rules for public comment. This document will be sent with the next agenda (8/19/2019) as well as available as a hard copy at the August meeting.  Danielle Dailey will check to see if there is a copy of the letters submitted to entities in 2010 soliciting comment.  Draft and send proposed Agenda to Chairman Stiffler by August 12, 2019  Send out the Agenda to the Commissioners by August 19, 2019  Send out proposed language changes to Section 2.020 to Commissioners with the Agenda for discussion at the August meeting. o Tamara Clinton:  Update PAC website as needed o Brian Hoelscher  Answer Commission questions as needed  Review drafted agenda for the August meeting o Chairman Stiffler:  Send Danielle any Agenda changes by August 19, 2019  Commissioner duties (below) o Commissioners  Send Danielle proposed language changes to Section 2.020 if you have any  Send Danielle or Brian Hoelscher any questions about the Charter  Review Articles 4, 5, 6, and 7 of MSD’s Charter to discuss at the August 26, 2019 meeting MSD PLAN AMENDMENT COMMISSION 2020 OFFICIAL PUBLIC MEETING MINUTES 7  Review MSD’s recommended amendments in Articles 5 and 7 (they are redlined) as well as MSD’s Briefing Notes  Begin to brainstorm entities that the Commission will want to solicit for comment – ideas will be presented at the September meeting. 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