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HomeMy Public PortalAboutExhibit MSD 47 - Journal of the MSD Board of Trustees May 1, 2018 Meeting Adopting 45-Day ExtensionJOURNAL OF THE (1605th) SPECIAL MEETING OF THE BOARD OF TRUSTEES THE METROPOLITAN ST. LOUIS SEWER DISTRICT May 1, 2018 The Trustees of the District met in Room 109 at 2350 Market on the above date. Present at the meeting were: Board of Trustees J.P. Faul, Chair Rev. R. Bobo, Vice Chair(absent) A.K. Mandel M.E. Yates Freddie Dunlap(absent) J. Singer Also present were: Tamara Clinton Jonathan Sprague Vicki Edwards Pam Reid Betsy Schubert Bret Berthold Utica Morris Darrell Lewis MSD MSD MSD MSD MSD MSD MSD MSD Staff Members B.L. Hoelscher, Executive Director T.R. Snoke, Secretary -Treasurer S.M. Myers, General Counsel M. M. Gee, Director of Finance R.L. Unverferth, Director of Engineering Len Toenges Jared Barr Marie Collins Hope Wheeler Ron Steinkamp Ryan Poertner Theresa Bellville Todd Loretta Rate Commission Chair MSD MSD CLA BSW Ace Pipe MSD MSD Trustee Faul called the Special Board Meeting to order at 7:59 a.m. and roll call was taken. Present at the meeting was Trustee Faul, Mandel, Yates and Singer. Absent were Trustee Dunlap and Bobo. Trustee Faul asked for the report of the Executive Director. Report of the Executive Director: Thank you Mr. Chair, I have one item to discuss this morning. On February 26, 2018 the District delivered the Rate Change Notice to the Rate Commission. The MSD Charter requires the Rate Commission to issue its Rate Recommendation Report to the Board and public within one hundred twenty (120) days after receipt of the Rate Change Notice. In this case, that would be no later than June 26, 2018. On March 5, 2018 the Rate Commission adopted a Procedural Schedule to support issuance of the Rate Recommendation Report within the allotted one hundred twenty (120) days. On April 16, 2018 at a special meeting the Rate Commission voted to consider an Intervener's Request to Modify the Procedural Schedule and request the forty-five (45) day extension and per the MSD Charter Plan, the Rate Commission then applied to the Board of Trustees requesting an additional forty-five (45) day extension the Procedural Schedule. That application is attached to my report. With Board approval to grant this extension, the Rate Recommendation Report will be due no later than August 10, 2018. Resolution No. 3423 on this morning's agenda formally requests the extension. Len Toenjes, Chairman of the Rate Commission is here this morning to speak on behalf of the Rate Commission and to answer any questions the Board may have. I will now turn it over to Mr. Len Toenges, Chair of the Rate Commission. Edited 5/3118 Pg. 1 Mr. Len Toenges, addressed the Board to explain the reason for the 45-day extension and that the intervening of the Missouri Industrial Energy Consumers (MIEC) organization's intervening was the motivator of the extension request. A Board member asked if there was a particular reason that MIEC applied to intervene. Mr. Toenges, explained that he believes that the MIEC may want a more in-depth look into the process. The Executive Director, Brian Hoelscher, then explained the intervening process to the Board. The Executive Director also explained that the organization currently has a representative that sits on the Rate Commission. The Board member expressed concerns about potential conflicts of interest when advocating in front.of a Board or Commission on which one also sits as a member and wanted to know if this was against any rules or regulations or state ethics. The Executive Director explained that he would have the MSD General Counsel look into the history and determine charter requirements regarding intervention. Mr. Toenges explained that the Rate Commission has never declined an application for intervention and might have concerns about restricting public access to the process. Mr. Toenges then explained that the request from the intervener initiated the extension request, but the Rate Commission as a whole decided it was the best decision. The Board decided to move forward with the Vote on the extension. There were No Comments from the Public. NEW BUSINESS: Adoption of Resolution No. 3423 - 45 Day Extension to Rate Commission Procedural Schedule Per Section 7.280(f) of the Charter Plan of The Metropolitan St. Louis Sewer District, the Rate Commission has applied to the Board of Trustees for a forty-five (45) day extension to the Procedural Schedule to issue the Rate Commission Report to the Board of Trustees and public. Motion was made by Trustee Mandel, seconded by Trustee Faul, that the consent agenda Resolution nos. 3423 be Adopted. Motion passed - 4 ayes - 0 nays Poll taken: J. Faul - aye; A. Mandel - aye; M. Yates - aye; J. Singer - aye Trustee Faul motioned to adjourn the meeting at 8:10 a.m. The motion was approved by Trustee Mandel and seconded by Trustee Yates. Secretary -Treasurer Edited 5r3118 Pg. 2