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
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MSD
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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
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CLA
BSW
Ace Pipe
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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.
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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
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