HomeMy Public PortalAboutMinutes, January 20, 2023 Pre-Proceeding MeetingMINUTES OF THE MEETING OF THE RATE COMMISSION
OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT
The Members of the Rate Commission of the Metropolitan St. Louis Sewer District met on January
20, 2023, at 3:00 p.m. at the District's Administrative Offices at 2350 Market Street, Room 109 in
St. Louis, Missouri. Commissioners Clarke, Croyle, Goss, Jearls, Mahfood, Muren, Palans, Savoy,
Stein, and Toenjes were present in person. Commissioners Barry, DeClue, Faul, Moynihan, and
Ziegler were absent.
Also present were Brian Hoelscher, Executive Director, Marion Gee, Director of Finance, Tim
Snoke, Secretary-Treasurer, and Brian Stone, Assistant General Counsel, of the Metropolitan St.
Louis Sewer District (the "District"); and Lisa O. Stump and Brian J. Malone of Lashly & Baer,
P.C., legal counsel for the Rate Commission. Pamela Lemoine and Prahba Kumar, of Black &
Veatch, Rate Consultant to the Rate Commission were present via Zoom videoconference, along
with Anna White from the Kansas City office of Black & Veatch;
Agenda Item 1— Call to Order
Mr. Toenjes served as Chair, declared that a quorum was present and called the meeting to order.
Agenda Item 2 — Swearing in of Rate Commissioners
The oath of office was administered to Commissioners Croyle and Stein. Commissioners Faul and
Ziegler will take their oaths at a subsequent date.
Agenda Item 3 — Approval of Minutes
Draft minutes from the Pre-Proceeding meeting of October 28, 2022 were circulated and approved
by a majority of the Commissioners present.
Agenda Item 4 — Selection of Commission Officers
The floor was opened for nominations for officers of the Rate Commission. Commissioner Goss
nominated Commissioner Toenjes to serve as Chair. Commissioner Palans seconded the
nomination. A voice vote was taken. All Commissioners present voted Aye. No Commissioners
voted Nay. No abstentions.
Commissioner Muren expressed interest in serving as Vice-Chair. Commissioner Goss nominated
Commissioner Muren to serve as Vice-Chair. The nomination was seconded and a voice vote was
taken. All Commissioners present voted Aye. No Commissioners voted Nay. No abstentions.
Commissioner Clarke was nominated to serve as Secretary. The nomination was seconded and a
voice vote was taken. All Commissioners present voted Aye. No Commissioners voted Nay. No
abstentions.
Agenda Item 5 — Introduction of Commission Legal Counsel and Rate Consultant
The Rate Commission's contract with Lashly & Baer, P.C. was executed. The Rate
Commissioner's legal counsel, Lisa O. Stump and Brian J. Malone were introduced.
A discussion was held regarding the Rate Consultant contract with Black & Veatch. Pamela
Lemoine, who has previously served as Rate Consultant, will soon be starting a position at Bums
& McDonnell. Black & Veatch proposes to enter into a subcontract with Burns & McDonnell so
that Ms. Lemoine can continue to serve as Rate Consultant under Black & Veatch's supervision.
Commissioners raised concerns as to which firm would bear ultimately responsibility and would
have liability for errors or mistakes.
The Rate Commissioner's legal counsel was directed to review the proposed agreement to
determine whether it would adequately protect the Rate Commission, whether terms should be
amended, or whether the agreement should be re-bid.
Agenda Item 6 — Discussion of Updates to Commission's Operational Rules
Proposed revisions to the Rate Commission's Operational Rules were submitted. Amendments to
the Operational Rules were proposed by the District to account for changes approved to the
District's Charter (Plan) by the voters in 2021. A discussion was held regarding the proposed
revisions.
In accordance with Section 3(14) of the Operational Rules, the proposed amendments shall be
considered at the next meeting of the Rate Commission.
Agenda Item 7 — Other Items
Mr. Gee stated that Mr. Benjamin DeClue would be unable to serve as a delegate from the
Municipal League of Metro St Louis due to other commitments. Another delegate from the
League will likely be selected.
Agenda Item 8 — Setting of Future Meetings
A brief discussion was held regarding scheduling. A new Rate Change Proposal is expected by
February 28, 2023. A meeting was tentatively scheduled for February 21, 2023 at 9:30 a.m. to
present a summary of recent Rate Commission proceedings, status of the Consent Decree,
presentation of a new Rate Change Proposal, and for adoption of revised Operational Rules.
Agenda Item 9 — Adjournment
A motion to adjourn was made and seconded. A voice vote was taken. All Commissioners present
voted Aye. No Commissioners voted Nay. No abstentions.
There being no further business to come before the meeting, on motion duly made, seconded and
carried by unanimous vote, the meeting was adjourned at 4:30 p.m.
BY:
Commissioner William Clarke
Secretary of the Rate Commission of the
Metropolitan St. Louis Sewer District
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