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HomeMy Public PortalAboutMinutes, August 21-22, 2023 Deliberations 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 August 21, 2023, at 8:00 a.m. for deliberations at the District's Administrative Offices at 2350 Market Street, Room 109, in St. Louis, Missouri. Commissioners Barry, Croyle, Jeans, Mahfood, Muren, Toenjes, Palans, and Stein in person. Commissioner Perkins arrived at 8:10 a.m. and Commissioner Goss at 8:15 a.m. Commissioners Dotson (arrived at 8:15), Faul, and Moynihan, attended via videoconference. Commissioners Clark and Ziegler were absent. Also present were Brian Hoelscher, Executive Director; and Susan Myers, General Counsel of the Metropolitan St. Louis Sewer District (the "District"); Lisa O. Stump and Brian J. Malone of Lashly & Baer, P.C., Counsel for the Rate Commission; and Pamela Lemoine of Burns & McDonnell; and Anna White of Black & Veatch; Rate Consultants to the Rate Commission. Agenda Item 1 — Call to Order Chairman Toenjes called the meeting to order at 8:00 a.m. Ms. Stump called the roll and declared that a quorum was present. Agenda Item 2 — Approval of Minutes Draft minutes from the meeting of August 14-15, 2023, were circulated. Commissioner Palans made a motion to approve the minutes. After the motion was seconded by Commissioner Stein, a voice vote was taken. All Commissioners present voted Aye. No Commissioners voted Nay. No abstentions. Agenda Item 3 — Deliberations The Rate Commission continued its deliberations regarding the Stormwater Rate Change Proposal, picking up with the discussion regarding Factor 5- whether the Rate Change Proposal considers the financial impact on all classes of ratepayers in determining a fair and reasonable burden. Commissioners Jearls and Mahfood read statements into the record. Several Commissioners discussed this factor. Upon a motion and a second, a vote was taken as to whether the Rate Commission wished to include in its report a statement as to whether the overall proposed expenditure of stonnwater revenue — 50% to capital projects District-wide; 30% to a municipal grant program; 10% to capital projects within Environmental Justice areas; and 10% to a region- wide steering committee — adequately considers the financial impact on all classes of ratepayers in deteiinining a fair and reasonable burden. All Commissioners present voted in favor of including such a statement, except Commissioner Faul who voted Nay. The motion passed. The municipal grant program as proposed by the District was discussed. Commissioner Perkins noted that he would recommend several changes to the Program so that it is not based solely on population. Upon a motion and a second, a vote was taken as to whether the Rate Commission wished to include in its report a statement as to whether the proposed municipal grant program should be modified to more adequately address the consideration of the financial impact on all classes of rate payers in determining a fair and reasonable burden. A roll call vote was taken. All Commissioners present voted in favor of including such a statement. The motion passed. 1 Upon a motion and a second, a vote was taken as to whether the Rate Commission wished to include in its report a statement as to the termination of the OMCI taxing subdistricts and its effect on the consideration of the fi nancial impact on all classes of rate payers in determining a fair and reasonable burden. A roll call vote was taken. All Commissioners present voted in favor of including such a statement. The motion passed. Upon a motion and a second, a vote was taken as to whether the Rate Commission wished to include in its report a statement as to whether a stormwater credit program should be included as a component of the Rate Change Proposal as a consideration of the financial impact on all classes of rate payers. A roll call vote was taken. All Commissioners present voted in favor of including such a statement. The motion passed. Upon a motion and a second, a vote was taken as to whether the Rate Commission wished to include in its report a statement as to whether vacant non-residential parcels should be assessed a charge based on their effective impervious area as a consideration of the financial impact on all classes of rate payers in determining a fair and reasonable burden. A roll call vote was taken. All Commissioners present voted in favor of including such a statement. The motion passed. The Rate Commission considered whether the record supports a finding that the Stormwater Rate Change Proposal supports a finding that the Rate Change Proposal considers the financial impact on all classes of rate payers in determining a fair and reasonable burden. Commissioner Perkins made a motion to find that the record supports such a finding, which was duly seconded. A roll call vote was taken. All Commissioners present voted Aye, except Commissioner Palans who voted Nay. The motion passed. The Rate Commission considered whether the record supports a fi nding that the Stormwater Rate Change Proposal supports a finding that the Rate Change Proposal is consistent with constitutional, statutory, and common law, as amended from time to time. After discussion, the Chair decided to break this topic into two votes. Upon a motion and second, a vote was taken as to whether the record supports a finding that the manner of collection of funds in the Rate Change Proposal is consistent with constitutional, statutory and common law, as amended from time to time. A roll call vote was taken. All Commissioners present voted Aye, except Commissioner Palans who voted Nay and Commissioner Dotson abstained. The motion passed. Upon a motion and second, a vote was taken as to whether the record supports a finding that the proposed expenditure of funds in the Rate Change Proposal is consistent with constitutional, statutory and common law, as amended from time to time. A roll call vote was taken. All Commissioners present voted Aye, except Commissioner Palans who voted Nay. The motion passed. The Rate Commission considered a draft Resolution expressing the Rate Commission's support for efforts by the District to secure funding from the settlement received by the City of St. Louis and St. Louis County, Missouri from the National Football League and authorizing the actions of certain officers of the rate commission. Commissioner Palans made a Motion to approve the Resolution and that it accompany the Rate Commission's report to the Board of Trustees. 2 Commissioner Jearls seconded the Motion. A voice vote was taken with all Commissioners voting in favor. The Rate Commission adjourned at 10:50 a.m. on August 21, 2023, and then reconvened on August 22, 2023, at 8:00 a.m. Commissioners Toenjes, Muren, Clarke, Goss, Jearls, Palans, Perkins, and Stein were present in person. Commissioners Croyle, Faul, and Mahfood appeared via videoconference. Commissioners Ban-y, Dotsor)and Moynihan were absent. t1/404.t, Also present were Brian Hoelscher, Executive Director; and Susan Myers, General Counsel of the Metropolitan St. Louis Sewer District (the "District"), and A4ar thr-Ettstrit4i Lisa O. Stump and Brian J. Malone of Lashly & Baer, P.C., Counsel for the Rate Commission; and Pamela Lemoine of Burns & McDonnell; and Anna White of Black & Veatch; Rate Consultants to the Rate Commission. The Rate Commission began review and consideration of the Draft Rate Recommendation Report on the Wastewater Rate Change Proposal. The Commission read through each section and offered proposed changes or corrections to legal counsel for the Rate Commission. Agenda Item 4 — Other Business Ms. Stump discussed upcoming steps, and timing for disseminating materials and the Final Report to the Rate Commission. Agenda Item 5 — Adjournment There being no further business to come before the Rate Commission, Chairman Toenjes declared that the meeting was adjourned at 10:30 a.m. The Rate Commission will reconvene for its deliberations at 8:00 a.m. on August 25, 2023. BY: Commissioner William Clarke Secretary of the Rate Commission of the Metropolitan St. Louis Sewer District 3