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.
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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.
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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.
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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
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