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HomeMy Public PortalAboutExhibit MSD 60 - Transcript of the May 17, 2018 Public Hearing PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 1 1 IN THE CITY OF BALLWIN 2 STATE OF MISSOURI 3 4 5 6 7 8 9 METROPOLITAN ST. LOUIS SEWER DISTRICT RATE COMMISSION 10 PUBLIC HEARING 11 12 13 14 15 MAY 17, 2018 6:00 p.m. 16 17 18 19 20 Manchester Parks, Recreation & Arts Center 21 359 Old Meramec Station Road 22 Ballwin, MO 63021 23 24 25 PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 2 1 A P P E A R A N C E S 2 3 Metropolitan St. Louis Sewer District Rate Commission: 4 5 Len Toenjes - Chairman Mark Schoedel 6 John Stein Mickey Croyle 7 Tom Ratzki Paul Beckmann 8 9 10 MSD Executive Director and CEO: 11 Brian Hoelscher, P.E. 12 13 14 15 16 17 18 19 20 21 Court Reporter: Georgia Beth Long, CCR/CSR 22 Missouri CCR #622 Illinois CSR #084-004742 23 Alaris Litigation Services 711 North Eleventh Street 24 St. Louis, Missouri 63101 25 PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 3 1 MR. TOENJES: All right. Being 6:00 p.m., we 2 will start our MSD Rate Commission Public Hearing. 3 Good evening. My name is Len Toenjes. I'm the 4 chairman of the Metropolitan St. Louis District Rate 5 Commission, and I'm going to preside over the public 6 hearing this evening. 7 With me tonight are the following MSD Rate 8 Commissioners. To my left -- they'll introduce 9 themselves. 10 MR. SCHOEDEL: Mark Schoedel. 11 MR. STEIN: John Stein. 12 MR. RATZKI: Tom Ratzki. 13 MS. CROYLE: Mickey Croyle. 14 MR. BECKMANN: Jerry Beckmann. 15 MR. TOENJES: Len Toenjes. The charter plan of 16 the district was amended at a general election on 17 November 7, 2000 and established the Rate Commission to 18 review and make recommendations to the district 19 regarding changes in wastewater rates, stormwater rates, 20 and tax rates proposed by the district. 21 The charter plan requires that the MSD Board of 22 Trustees select organizations to ensure a fair 23 representation of all users of the district's services 24 on Rate Commission. 25 The Rate Commission representative organizations PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 4 1 are to represent commercial, industrial users, 2 residential uses, and other organizations interested in 3 the operation of the district; including organizations 4 focusing environmental issues, labor issues, 5 socioeconomic issues, community neighborhood 6 organizations, and other nonprofit organizations. 7 The MSD Rate Commission currently consists of 15 8 members from organizations and institutions throughout 9 St. Louis City and County. 10 On February 26, 2018, the Rate Commission 11 received a rate change notice, proposing changes to the 12 district's stormwater rates. The Rate Commission 13 adopted operational rules in a procedural schedule to 14 govern the proceedings on March 24, 2018. 15 Under the current procedural schedule, adopted by 16 the Rate Commission, the MSD Rate Commission has until 17 June 26, 2018 to review and make recommendations to the 18 MSD Board of Trustees as to whether the proposed rate 19 should be approved, not approved, or modified with 20 suggested changes, and then approved. 21 The commission requested an extension from the 22 MSD Board of Trustees until August 10, 2018, which was 23 granted on May 1, 2018. The commission will consider on 24 May 17 -- which was this morning -- a newly-revised 25 procedural schedule, including the extension, which we PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 5 1 made this morning and adopted. 2 The MSD Rate Commission has engaged legal counsel 3 and a rate consultant, independent of those used by the 4 MSD staff. 5 Under procedural rules adopted by the Rate 6 Commission as amended, any person affected by rate 7 change proposal has an opportunity to submit an 8 application to intervene in these proceedings. 9 An application to intervene has been filed by the 10 Missouri Industrial Energy Consumers, and this 11 application has been granted. 12 Since February 26, 2018, the MSD Rate Commission 13 has received testimony from MSD staff, the rate 14 consultant, and the intervener. The parties have also 15 engaged in discovery requests. 16 A prehearing conference for the purpose of 17 identifying any issues raised by the rate setting 18 documents and the prepared testimony previously 19 submitted will be conducted on the record. 20 All persons submitting testimony may participate 21 in the prehearing conference, and each participant in 22 the prehearing conference shall submit a prehearing 23 conference report, describing the issues raised by the 24 rate settings documents and the prepared testimony, 25 together with a brief description of such participant's PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 6 1 position, if any, on each issue and the rationale 2 therefore. 3 Ratepayers who do not wish to intervene are 4 permitted to participate in these on-the-record public 5 hearings, such as this evenings, conducted in six 6 sessions beginning on May 8, 2018. 7 The Rate Commission published a public notice 8 regarding these proceedings in the St. Louis Post 9 Dispatch and the St. Louis American. These notices 10 contain the time, dates, and location of each of the 11 conferences and hearings. 12 The public hearing session tonight is for the 13 purpose of permitting the district to present its 14 stormwater rate change proposal, and to permit any 15 ratepayer the opportunity to comment. 16 We will begin with the presentation by the 17 district, and that will be followed by a public comment 18 period. The district will be presenting a lot of 19 information. 20 I would ask that you hold all of your questions 21 until the end of the presentation, when we get into the 22 comment period. The initial questions may be answered 23 some by the presentation; others may not. 24 Those wishing to speak should sign in on the 25 sheet provided, and will be called on in the order of PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 7 1 the names listed thereon. Each ratepayer should 2 identify themselves and any organizations represented by 3 such ratepayer. 4 Several housekeeping rules before we start. 5 Again, if you wish to present testimony, or expect that 6 you may have questions or comments, please sign in on 7 the clipboard in the front. Speakers will be recognized 8 by the order by which they signed up. If you have 9 written in advance requesting time to speak, you will be 10 allowed to speak first. 11 Each ratepayer may have a maximum of 10 minutes 12 to speak regarding the proposed rate change. As a 13 presiding officer, I can limit or expand the time as I 14 deem necessary. 15 If you haven't already done so, put your cell 16 phones on silent. Exits from the room obviously are 17 located there and against the wall. So there are four 18 exits on either side. I'm not sure where the restrooms 19 are located here. Oh. Just inside the front door and 20 across the hall. 21 And in addition to holding your questions until 22 the end of the proceeding, that you direct questions to 23 the Rate Commission. The district is here to present 24 information and testimony. It is the Rate Commission 25 that is receiving your comments. And if there are PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 8 1 technical questions we need to refer to Mr. Hoelscher or 2 his staff, we will do so. 3 Any questions on any of that? Thank you very 4 much. With that being said, I think we will go ahead 5 and ask Mr. Hoelscher to begin presentation from the 6 district. 7 MR. HOELSCHER: Thank you, Mr. Chairman. My name 8 is Brian Hoelscher. I'm the extensive director and CEO 9 of MSD. 10 The presentation is going to consist of three 11 parts. I'm going to spend one slide, just a quick 12 description of MSD overall. 13 The second slide, I'm going to be discussing the 14 existing stormwater services that MSD currently 15 provides, and how those are funded. 16 And then finally, the bulk of the presentation 17 will be about the rate proposal we have that we want put 18 -- that we're proposing to put in front of the voters as 19 to whether or not they want us to provide another 20 districtwide stormwater service. 21 The chairman indicated holding questions for the 22 Rate Commission. If you are here and you have other 23 questions of the district that aren't part of this 24 proposal, we have staff here in blue shirts. And as 25 soon as this meeting closes, we will stay. We can PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 9 1 answer any other questions you have that aren't involved 2 with this presentation. 3 So first of all, an overview with MSD. We are 4 government utility. We were created by an amendment to 5 the state constitution. Our governing document is a 6 voter-approved charter, the organic law of MSD. 7 We have a six member Board of Trustees. Three 8 are appointed by the mayor of the City of St. Louis, and 9 three by the county executive of St. Louis County. 10 Important to remember, we are two utilities; a 11 wastewater utility and a stormwater utility. The 12 monthly bill you receive is the funding for our 13 wastewater utilities. Those moneys are only spent on 14 wastewater. 15 We're also a stormwater utility. And later on, 16 I'll will describe the two services and revenue sources 17 for what we provide for stormwater; and again, what 18 we're proposing to offer to the residents for a third 19 service. 20 We serve a 520 square mile area. We serve the 21 City of St. Louis, and in the county, we serve about 87 22 percent of St. Louis County. 1.3 million customers, and 23 serving 88 separate municipalities. We have seven 24 treatment plants, and we treat approximately 350 million 25 gallons of wastewater a day. PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 10 1 You add together the sewers, you find we have 2 over 9,000 miles of sewers. That makes us the fourth 3 largest sewer system in the country. 4 Current status on stormwater. The last time we 5 came to the voters was in April of 2016 for Proposition 6 S. That was for a 10-cent property tax to allow us to 7 operate and maintain the public storm sewer system; 8 storm sewers, inlets, manholes that MSD owns. 9 Prior to that election, west of 270 and in this 10 area, MSD owned those public storm sewer systems but had 11 no revenue to operate and maintain them. 12 But the passing of Proposition S, we now have a 13 districtwide revenue source to operate and maintain the 14 existing public storm sewer system. 15 This map is a description of where we currently 16 stand with storm services. If you look on your property 17 tax bill, you pay $1.88 per hundred-dollar valuation on 18 your property; a tax to MSD to take care of regulatory 19 issues. 20 Those regulatory issues consist of us addressing 21 the impact the pollutants that are carried off by 22 stormwater runoff in your local creeks and streams, 23 allows us to control that impact. 24 That tax has been in place, specifically 25 identified, since 1979, since before the Hancock PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 11 1 amendment. It's currently sufficient for us to meet our 2 regulatory needs. 3 Also, you see on your property tax what's now a 4 $9.71 per hundred dollars set valuation property tax. 5 That is the Proposition S that was passed at originally 6 10 cents. 7 If you look on your bill, you'll see that, again, 8 that's paid districtwide to pay for the operation and 9 maintenance of the storm sewer system. 10 If you look down at the bottom here, there's a 11 number, 67 million -- all right. I don't need a 12 pointer. Yeah. I definitely don't need a pointer. 13 So there's $67 million of other money that was 14 left from the funds that were either eliminated or set 15 to zero when Proposition S passed. So we've taken and 16 estimated that $67 million to address flooding and 17 erosion problems throughout the district. 18 If you're familiar with our election in April of 19 2016, we used this map. This map is currently on our 20 website. Each one of those dots represents a project 21 that makes up that $67 million. 22 If you went on our website, there's a 23 spreadsheet. You go to the number, it says what is the 24 problem, what's the solution, what's it cost, when it's 25 going to get done, exactly where it's located. So we've PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 12 1 committed to doing $67 million of work to cover flooding 2 and erosion. 3 The thing is that money is from a fund balance. 4 There is not currently any revenues going in to fund any 5 work once that $67 million is gone. 6 The proposal we present to our Rate Commission is 7 to ask the voters whether or not they would like to pay 8 a districtwide revenue so we can continue that program 9 districtwide. 10 This is an example of the type of problem we're 11 talking about that we want to fund. One is localized 12 flooding. This is just flooding that happens in yards, 13 where we have regular rains. You don't necessarily have 14 to see a creek. It's coming from down the hill, it's 15 coming from the neighbors, it sits in the yard because 16 of grading, it sits in the yard because of various 17 ditches may have been blocked, or something to that 18 effect. So we're looking to address those issues. 19 There's regional flooding. And I don't mean 20 necessarily the Meramec, but some of the local creeks 21 and streams that can flood and cause problems: River 22 Des Peres, Deer Creek, some of the other ones, folks 23 that live in those areas; addressing the regional 24 flooding issues. 25 Then there's erosion issues. That's caused by PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 13 1 the excess rain going through creek, eroding the creek, 2 and causing damage to private property; homes fences, 3 garages, those types of thing. 4 I will mention under regional flooding and 5 erosion, sometimes the solutions that we propose are 6 simply buy the properties that are impacted. Because we 7 can solve the problem, make it go away, and make sure it 8 doesn't move anywhere else. 9 If MSD ever buys property to solve a solution, we 10 make sure it will be never be redeveloped again. You 11 usually turn the maintenance over to the folks -- the 12 adjacent property owners or the municipality. But we 13 put an easement across the entire to make sure it can 14 never be redeveloped. 15 So what does -- how big is the problem? What you 16 see here is a map of about 500 erosion and flooding 17 issues that have been given to us by the residents and 18 the local communities and municipalities. 19 They total about $562 million to address them. 20 They cover the gamut; they cover -- they are complaints 21 from people who have yards where they believe that the 22 water sits too long after a rainstorm, and they would 23 like something put in place to make that go away. 24 It also includes creek erosion, which is 25 threatening to absorb a garage, for instance; have a PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 14 1 garage fall in the creek. It's all across the board. 2 It gives you a good sense of what the size issue 3 is that we see existing right now throughout the 4 district. 5 What the proposal is planning is to implement a 6 stormwater capital rate to bring in $30 million of 7 revenue per year to address those problem. 8 We can take of these issues in 25 or 30 years, 9 depending on what we actually get into when we start the 10 program. 11 It's going to be based on the amount of 12 impervious area on each customers's property. 13 Impervious areas are roofs, driveways, sidewalks, places 14 where water hits and immediately runs off; it doesn't 15 soak into the ground, such as a grassy area. 16 The average charge for a single-family home will 17 be $2.25 a month, or $27 a year. We will bill all the 18 tax-exempt entities. It's a voted-on charge, therefore 19 schools, churches, cemeteries, city halls, the St. Louis 20 airport will all get charged the impervious rate. 21 Again, the program will address unfunded 22 stormwater issues of flooding and erosion. Creeks and 23 streams as they are now, will remain privately owned, 24 usually by individuals or usually by some trustees. 25 Also, the flood plane management responsibility. PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 15 1 The management responsibility for development in flood 2 planes currently sits with the local municipalities. 3 They are the flood plane managers. That relationship 4 will not change either. 5 Again, I had a quick description of impervious 6 area. It's a hard surface; concrete, blacktop, 7 rooftops, hard compacted gravel driveways, where water 8 doesn't absorb; it runs off. Impervious areas is the 9 area we're going to measure. 10 The flooding and erosion problems that we want to 11 address are directly impacted by the volume of runoff 12 that comes off properties. And most of that stormwater 13 runoff is because of the amount of impervious area. 14 The fairest way to determine the revenue 15 contribution of each property is take into consideration 16 the amount of impervious area on the property. That is 17 a method that is used throughout the United States to 18 fairly distribute the cost of the stormwater program. 19 Again, all public and private property, including 20 properties owned by government and non-for-profits would 21 be subject to the stormwater rate. 22 Some of you may remember, as opposed to a voted 23 rate, MSD went to Rate Commission and proposed an 24 impervious rate in 2008. It was not voted on. It was a 25 charge, again, based on the impervious area. PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 16 1 We went through the process. In November 2013, 2 ultimately Supreme Court indicated that if we wanted to 3 put a process like that in place, it needed to be voted 4 on. They found that that was illegal. 5 So what MSD has done, the proposal we've sent, is 6 to allow folks to vote on whether they want this or not. 7 One of the other things that have come from customers, 8 previous Rate Commission hearings, was the belief that 9 if you're going to put a program in place, measuring the 10 impervious area is the right way to proceed. That's 11 what we've proposed here. 12 How are we going the calculate this? We're going 13 the calculate it based on the amount of impervious area. 14 We're going to do it on something called an equivalent 15 residential unit. 16 In MSD, the average household -- residential 17 household of MSD has 2,600 square feet of impervious 18 area; again, roofs, driveways, sidewalks. The proposed 19 rate was put together by taking the recommended capital 20 improvement size of $30 million per year, dividing by 21 the amount of impervious area within MSD service area, 22 and that's where we came up with an average cost to the 23 residential customers of $2.25 per month. 24 This is the details. And you might be able to 25 picture your own properties with these. Single-family PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 17 1 residential customers would be put into one of four 2 tiers, depending on the amount of impervious area they 3 have. 4 We have something called Tier 1. If your 5 property has 200 to 2,000 square feet of impervious 6 area -- and that's about one quarter of our residential 7 customers -- we're going to look to charge you $1.42 at 8 month for the program. 9 About half of our properties will fall in Tier 2. 10 That means they have 2,001 to 3,600 square feet of 11 impervious area on their residential property. Again, 12 as I mentioned, that's where the average property owner 13 is. They will be asked to pay $2.25 a month. 14 We'll have a Tier 3 for homes that have a more 15 impervious area, between 3,601 and 6,000 square feet. 16 That will be $3.74 per month. 17 And then for the much larger residential 18 properties, over 6,000 square feet of impervious area, 19 the proposal is that they pay $6.84 per month for the 20 program. 21 Those are residential customers. That's 450,000 22 of our customers. 23 There's another 50,000 customers who would be 24 billed that are not residential. Industrial, 25 commercial, multi-family dwellings, those types of PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 18 1 things. 2 They're going to be billed based on the number of 3 ERUs. And I mentioned, an ERU is 2,600 square feet of 4 impervious area. For each ERU, they're going to be 5 billed $2.25 per month. 6 The example that's up on the screen; we have a 7 commercial customer with 10,000 square feet of 8 impervious area. You take 10,000, divide by one ERU, 9 which is 2,600 square feet, you come up with about -- 10 you come up with 3.85 ERUs. 11 We will round that up to 4, the cost per ERU is 12 $2.25; so four times $2.25 in this particular case, that 13 customer would pay $9.00 a month towards the program. 14 As to how the program would go if it's approved, 15 we will collect charges -- the first full year of 16 collecting charges would be July 2021 to June 2022; 17 although we will start collecting revenues earlier than 18 that. I'll get to that in just a minute. 19 So how does the total revenue break out? Based 20 on those calculations, the single-family residential 21 individuals will pay for about -- will provide revenues 22 of about 13.8 million towards the $40-million program. 23 That's slightly less than half of the total cost. 24 The nonresidential customers, the multi-family, 25 commercial, industrial, their total will be 16.2 PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 19 1 million, or slightly more than half of the $30 million 2 total program. 3 How often will you be billed. If a customer 4 currently receives a wastewater bill, we will simply put 5 that on their monthly bill and ask that them to pay that 6 at that time. That's about 450,000 of our customers as 7 well that get a monthly bill. The stormwater charge, if 8 approved by the voters, will be put on that bill. 9 We do have customers who are not billed for 10 wastewater; they either don't have wastewater or they 11 provide their own wastewater treatment. If a property 12 has at least 20 ERUs, we will bill them monthly, and we 13 will collect those fees from them. 14 Any other customer that doesn't receive 15 wastewater service, the easiest example is a residential 16 customer who has a septic tank. We will bill them every 17 three months. 18 The reason for that is, the average home is going 19 to get billed $2.25 per month. It doesn't make economic 20 sense for us to send a monthly bill -- it's going to 21 cost us to sending a monthly bill of $2.25 per month to 22 collect that. Therefore, we will be billing them every 23 three months. In this case, we'll be billing them $7.75 24 every three months. 25 We have incentives built into the program. The PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 20 1 most effective incentive is to reduce the amount of 2 impervious area. For the individual homes, that would 3 mean reducing enough impervious area so that you drop 4 into a different tier. That would save you money. 5 One of the examples we've seen when we looked at 6 this 10 years ago, people will take their backyard or 7 concrete or solid patios out and replace them with 8 engineered porous pavers that allow the water to go down 9 and soak in the ground. You do that, and we will reduce 10 the amount of the impervious area and bill you 11 accordingly. 12 For nonresidential customers who are being billed 13 by the number of ERUs, or every 2,600 square foot block, 14 by removing ERUs or impervious area, you would reduce 15 your billing $2.25 every month by every ERU that you 16 remove. 17 Those properties that -- where the stormwater 18 from the property goes to directly towards rivers or 19 some equivalent situation, such as the Missouri River, 20 the Meramec River, or the Mississippi River, they will 21 get a 70 percent credit. 22 We are asking them to pay 30 percent of that bill 23 to address the runoff that comes from the public 24 transportation infrastructure that's not being billed in 25 this charge. PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 21 1 If you do best management practices, we can offer 2 a credit. For residential customer, if they take 500 3 square feet of impervious area, and they capture it in a 4 best management practice method, which is a rain garden, 5 or some of the things you see advertised on MSD's 6 program for Project Clear, we give you an incentive 7 payment of $135. That would effectively reduce your 8 stormwater rate in half for the next 10 years. 9 If you're a commercial property, you can treat -- 10 for every ERU you treat in the same fashion, we will 11 bill you 50 percent for that particular ERU. So instead 12 of $2.25, my director of finance told me we would round 13 that up and charge $1.13 for every ERU that's treated by 14 the best management practice. 15 We also have a low-impact developing credit of 35 16 percent. If you have a lot size of three acres or more 17 and 50 percent or less of your property is covered by 18 impervious area, you can get a 35 percent credit. That 19 calculation, in theory, mirrors environmentally 20 sensitive development design standards that reduce 21 runoff on the property. 22 The timeline for this proposal: Again, I'm 23 repeating some of the things the chairman went over. 24 But we did submit a proposal to our Rate Commission on 25 February 26, 2018. The Rate Commission now has 165 days PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 22 1 to review the recommendations of MSD Board of Trustees. 2 Technical meetings are currently being held, as 3 described by the chairman. We are in the middle of the 4 public meetings. This would be the third one on the 5 list, you see up here. 6 Under the current schedule, the Rate Commission 7 is supposed to be completed -- have its recommendation 8 to our Board of Trustees no later an August 10. 9 Once that recommendation goes to our Board of 10 Trustees, they will spend the rest of calendar 2018 11 doing their own review, under the same standards as the 12 Rate Commission is doing their review. That should be 13 completed by the end of the calendar year. 14 If we move forward, the proposal right now is to 15 put this initiative in front of the voters in April 16 2019. Two things will happen. If the voters vote yes, 17 we will now have the revenues to provide the service -- 18 the districtwide services to address flooding and 19 erosion. If the voters say no, MSD will not be able to 20 provide the service. 21 So that stormwater -- I do want to touch really 22 quick on wastewater. Like I said, we're two utilities. 23 Coming up right before the election in April 2016, we 24 have to go in front of this body, the Rate Commission, 25 to propose our next four years of wastewater revenues, PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 23 1 needed to meet or Project Clear requirements; a $4.7 2 billion consent decree. 3 We plan on starting with the development of that 4 program in July of 2018. We plan on getting a proposal 5 to the Rate Commission in February of 2019, just before 6 the stormwater vote. 7 We will go through exactly the same process of 8 procedures with the Rate Commission, including the 9 public hearings. And hopefully by then, our board, at 10 the end of 2019, will be concerning the wastewater 11 votes. 12 So what you see us going through this year with 13 stormwater with this one service, you will see us again 14 going through the four years of funding for wastewater 15 services. 16 If you have -- we're leaving our contacts -- 17 outside the contacts with the Rate Commission. If 18 there's any questions, you have other than that with 19 your MSD, I've got the name and number and e-mail 20 address of Lance LeComb this gentleman here. Raise your 21 hand. He's our manager of public affairs. 22 Anything else that's going on in the district, 23 you can contact him. He will make sure the right people 24 get back to you. 25 And again, I would offer other than the stuff PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 24 1 that's on the presentation, when these proceedings are 2 closed, staff will hang around in case you have other 3 questions of MSD regarding any other issues. Mr. 4 Chairman, thank you. 5 MR. TOENJES: Thank you, Mr. Hoelscher. I 6 appreciate that. Before you leave, do the Rate 7 Commissioners have any questions or comments about the 8 presentation here? Mr. Stein? 9 MR. STEIN: Yes. Mr. Hoelscher, you indicated 10 that there's $67 million left from the original 11 impervious charge. How fast is that being used up and 12 when that is going to be gone? 13 MR. HOELSCHER: Okay. So couple things. The 67 14 million -- actually, it isn't from the original 15 impervious charge. It's all the taxes. There were 23 16 different fees and taxes being collected and remote and 17 isolated areas throughout the district. 18 So when we passed Proposition S and shut those 19 down, the balance there was 67 million. So the 20 expenditures of those right now, if everything were to 21 go smooth, they would be done around -- the last 22 contracts should be getting started around 2022. 23 However, with the stormwater project issue moving 24 forward, and that depends on the folks willing to issue 25 easements, utility relocations, regulatory permitting -- PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 25 1 there's a lot of things that will invariably slow things 2 down. And unfortunately, you can never make it go 3 faster. But we should be done just -- very early 2020s. 4 MR. BECKMANN: Brian, you said there was about 5 500 or 560 projects that are in line for this funding. 6 How did you arrive at that -- those 560 projects? Where 7 did that come from? 8 MR. HOELSCHER: I'm going to say this because I'm 9 a fanatic about this. We have 560 issues. Issues. We 10 don't necessarily have projects. That information comes 11 from residents. We don't usually have a way of knowing 12 there's a stormwater problem unless somebody's property 13 floods, and they start having basement backups as well. 14 Mostly, it comes from the residents. A lot of it 15 comes from some municipalities who collect their own 16 information and develop some of their owner stormwater 17 concerns, and they will send those to us also. 18 But primarily, the source of these projects and 19 the source of these issues is coming from the public. 20 MR. SCHOEDEL: Of all the issues you have, how do 21 you go about prioritizing those projects to determine 22 what is the most important and what will be done first? 23 MR. HOELSCHER: So there's a calculation that is 24 done to prioritize all the projects. This was the 25 process that was used to determine which projects are in PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 26 1 that $67 million pot that's being done right now. 2 We do two things. First of all, we judge the 3 value to the severity of the problem. The easiest one 4 would be flooding or erosion. If somebody has a 5 property, and the backyard fence is being subject to 6 erosion or flooding, that has a value associated with 7 the problem. 8 If somebody has flooding or erosion that's 9 getting in their garage and has a higher value -- it's 10 getting up to the back stoop of their back door, that 11 has an even higher value. 12 So we add up all those numbers to determine what 13 the value of the problem is. We then divide it by the 14 cost, so we end up with a benefit/cost ratio. You do 15 the calculation, and we pursue the projects that score 16 the highest and work our way down the list. 17 MR. TOENJES: Any other questions from the Rate 18 Commission? 19 MR. HOELSCHER: Pardon me? 20 MR. TOENJES: I need to capture your names and 21 comments here, so thank you -- since we are on the 22 record here, okay. Yes, sir. Please introduce 23 yourself. 24 MR. CHRISTENSEN: My name is Gary Christensen. 25 I'm a resident of Ballwin. And we did hear this PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 27 1 presentation from MSD about a year ago. 2 But one of your questions about the number of 3 projects and how they're identified; how do we know if 4 our project, even though we submitted information, is 5 really in the list? How do we go about getting 6 confirmation on that? 7 MR. HOELSCHER: Mr. Chairman, do you want me to 8 -- 9 MR. TOENJES: Please. 10 MR. HOELSCHER: I'll wait for you to let me know. 11 One of the best ways to do it is -- especially with the 12 folks we have, is call us and make sure your address is 13 still on the list. 14 MR. CHRISTENSEN: Okay. I'll do that. I did 15 send an e-mail last year and got a couple of responses, 16 but never closed it out. So I didn't know. 17 MR. HOELSCHER: Okay. 18 MR. CHRISTENSEN: No one followed up. 19 MR. HOELSCHER: I would add, if you've contacted 20 us in the past and we tell you we have your issue, if 21 something like this passes -- let's say this passes in 22 April of 2019, we'll start getting a feel for when the 23 priority of that project will start matching up against 24 others. And then we may even be able to start getting 25 an idea about what day something might be. PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 28 1 MR. TOENJES: Correct me if I'm wrong, Mr. 2 Hoelscher. Isn't the list of all the projects part of 3 the -- 4 MR. HOELSCHER: Oh, that's true. 5 MR. TOENJES: -- documents for the rate case. 6 There were over -- all the projects that are on the list 7 to be funded by this have been submitted to the Rate 8 Commission as an exhibit in our testimony. So is it -- 9 am I right? 10 MR. HOELSCHER: By property, location, street 11 name. It's usually not the address. So you might be 12 able to recognize your project off of that street name. 13 The best way to be really sure is to call and 14 check on it, what's going on. Especially call us if 15 something's changed. 16 MR. CHRISTENSEN: It's an ongoing process? 17 MR. HOELSCHER: It's an ongoing process, yes. 18 We're continuing to reevaluate. 19 MR. TOENJES: We had a lengthy discussion this 20 morning about the number of projects, how they're 21 prioritized. And it will show -- have some designation 22 that the district has given it; whether it's erosion or 23 whether it's flooding, what the cost of the -- or 24 estimated cost of remediation is. So that's all part of 25 our rate case procedure. PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 29 1 It may be as simple as looking at the exhibits on 2 the website for the Rate Commission and locating it on 3 there. If not, then the next step I would think would 4 be to go ahead and call. Does that answer your question 5 Mr. Christensen? 6 MR. CHRISTENSEN: I think so. And the exhibits 7 for the Rate Commission, what website is that on, 8 please? MSD's, or is that on -- 9 MR. TOENJES: That's on stlmsd.com slash Rate 10 Commission. We're up over 40 exhibits right now. So 11 it's not like you're going to click one button and the 12 list is going to pop up. You will have to do a little 13 digging to locate it. 14 MR. CHRISTENSEN: Thank you. 15 MR. TOENJES: Steve Cuba. 16 MR. CUBA: Couple questions. Well, I got a list 17 of questions. First one is, we're now paying so much 18 per hundred dollars of valuation in county funds of the 19 property tax. 20 MR. TOENJES: Yes. 21 MR. CUBA: How does that differ from the sewer 22 tax or from the -- what we're talking about here? 23 MR. TOENJES: What we're talking about here as 24 far as the stormwater case is that this has nothing to 25 do with the value of the property. It has nothing to do PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 30 1 with any other taxing entity. It is strictly a 2 fee-slash-tax that is based on the amount of the 3 impervious area on that property. So. 4 MR. CUBA: So it's not -- 5 MR. TOENJES: If the property is located in Ladue 6 or Huntley or Manchester or Hazelwood, the value of the 7 property doesn't enter into it. It's strictly based on 8 the impervious area. 9 MR. CUBA: When you are calculating the 10 impervious area, is it based on, like, an aerial view, 11 or actual square footage? I ask, because I have a 12/12 12 pitched roof, and my house is only, like, 1,550 square 13 feet on the footprint. But there's a lot more roof on 14 that, but it's not going to catch any more water because 15 it's on an angle. 16 MR. TOENJES: I will ask Mr. Hoelscher to go 17 through the methodology of how those are determined. 18 MR. HOELSCHER: We have to, for our purposes, fly 19 the district and take an aerial photography. So it will 20 be based on an aerial footprint of the view. 21 So in your case, it would be just that horizontal 22 view. The extra pitch of the roof wouldn't result in an 23 additional charge. It would not. 24 MR. CUBA: Okay. So we at least, in my case, I 25 have three acres. I have a barn and I have a house. PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 31 1 And half of the barn, we recover the water. We've got 2 -- we bought it from MSD, matter of fact. We have four 3 rain barrels years ago, and we use them; we've been 4 using them ever since. That's what we use to water our 5 gardens. 6 Is that something that would qualify as a 7 mitigation to the lower the rate? Because we're only 8 using -- we're collecting half that water off the barn 9 anyway. 10 MR. TOENJES: Sure. 11 MR. CUBA: So if that's the case, how do we 12 express that to somebody? Does somebody come out and 13 say, yeah, this is what it's supposed to be. There's 14 going to be a lot of people out, especially in the 15 Wildwood area where I live, that are going to want 16 somebody to come out and look at it. So I was wondering 17 how that's going to get handled. 18 MR. TOENJES: Any Rate Commissioners have 19 anything to comment, or should I turn that over to MSD 20 staff? All right. 21 MR. HOELSCHER: So it's not up yet, but we're 22 going to have up, way before the end of this year, is we 23 will have a website up that you can look up your 24 individual address, and we will determine what we 25 believe the aerial photography is showing. PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 32 1 We're not going to get it all right. Some areas 2 -- we joke about this -- when we did this 10 years ago, 3 some people painted their driveways green. Pretty smart 4 thing to do when using aerial photography. 5 We're going to take our best shot based on the 6 aerial. There will be an appeal process, and you will 7 be to see exactly how and why yours is calculated. If 8 you feel there's a difference, you make an appeal, we 9 will go out and check. 10 And I can't remember what the timeframe is, 11 because we've got -- we'll go back years if necessary in 12 order to do the correct billing. So there will be an 13 appeal process in place if you feel the billing's 14 inaccurate. 15 MR. CUBA: Okay. That's it. Thanks. 16 MR. TOENJES: Thank you very much. We appreciate 17 it. 18 MR. SCHOEDEL: Mr. Chairman, should we note that 19 there is an incentive program as part of this to try to 20 help people look at ways where they can reduce their 21 rate and put in some ideas to help control this little 22 bit, which could impact it as well. I believe rain 23 barrels are a part of that. Is that correct, Mr. 24 Hoelscher. 25 MR. HOELSCHER: They can be, if they're properly PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 33 1 sized. So in your particular instance, you would 2 probably ultimately say, hey, come out and please 3 contemplate whether or not I'm collecting enough runoff 4 off of 500 square feet of impervious area that I would 5 qualify for a credit. 6 You would mention you have over three acres; you 7 also potentially are available for that credit. That 8 one we would probably pick up, because we measure the 9 impervious area versus the acreage. 10 And these credits are additive. So you can get 11 credit for more than one of those. 12 MR. TOENJES: Thank you. Anything else? 13 MR. CUBA: No. Thank you, sir. 14 MR. TOENJES: Mary Cook. 15 MS. COOK: I have a couple of questions. We deal 16 with -- and we realize, you have many properties to 17 consider. But we live in an area where you can't have 18 less than three acres. So you said three, and is that 19 including three, or three above three? I didn't get 20 that necessarily. 21 And the other thing is, you know, if you have a 22 1,500 square foot house and you have more than three 23 acres, sometimes it's hard to imagine, you know, that 24 the water gets that far away from you that fast. 25 Perhaps it does. PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 34 1 But the guy next door has 40 acres, and the next 2 guy has 15 acres. We live in a place where there's not 3 much roof per land. But then you said it's the 4 impervious surface, so it doesn't matter that we're 5 paying taxes on this large piece of property. 6 But it kind of feels like it should matter that 7 you're maintaining this big piece of dirt to absorb the 8 water that comes off of this roof. 9 But I am glad to see that there are allowances 10 for people who live near a river, or people who have 11 rain barrels or something. 12 So if you could demonstrate that you had what 13 amounts to your retention pond within your acreage, 14 those kind of things. 15 So how flexible is that idea, that you probably 16 are not just -- the water isn't running off and running 17 right to the neighbor's house, and running to the next 18 neighbor's and the next neighbor's and then going to the 19 creek and tearing up the backyards we don't have that. 20 MR. TOENJES: Mr. Hoelscher. 21 MR. HOELSCHER: The biggest point I think I got 22 is that the credit for large properties is three acres 23 and over. So I think the point is you would fall into 24 those. 25 These rules are flexible. We experienced from 10 PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 35 1 years ago, there are properties that exist that, for a 2 lot of reasons, can demonstrate stormwater never leaves 3 their property, for instance. 4 So because somewhere lives next to a big river 5 and all your stormwater going off to the Meramec River 6 or something, MSD has no responsibility for. So that's 7 one of the reasons we put in some of these provisions, 8 or similar circumstances. 9 We couldn't necessarily list everything. So if 10 you feel there is an unusual situation of something 11 that's really slowing down the amount of runoff outside 12 of what we've taken provisions for, we will go look at 13 them. 14 We know there's no way we can put in a program 15 that absolutely covers 100 percent every particular 16 situation. That's something we would be willing to go 17 out and look at as well. 18 MS. COOK: Okay. Thank you. 19 MR. TOENJES: Yeah. This is a significant change 20 from the way that the stormwater fee is being looked at 21 now. So I think we are -- the sense I get from the 22 district is there's a lot of openness to the ideas and 23 solutions here. 24 MS. COOK: We'll see how that works. 25 MR. TOENJES: That's why we have these hearings. PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 36 1 MS. COOK: I'm very happy to see that. It's 2 being reasonable and sensible, as in -- like you said, 3 an incentive for people to not cause problems in the 4 first place. 5 MR. TOENJES: Correct. Anyone else? I have 6 three folks who are signed up here. Anything else you 7 would like -- 8 MR. CUBA: I have a general question -- 9 MR. TOENJES: Yes, Steve. 10 MR. CUBA: -- that goes back. What is your guys' 11 role when a new subdivision goes in, or a new strip mall 12 goes in? I know that lot of times they have to have 13 retention ponds and stuff. 14 Would they get credit for a retention pond, and 15 do they still enforce that kind of thing? Because one 16 of the problems that we had with this fee that we had 17 before; it was explained to me by a gentleman from MSD 18 that came out, that the reason I was being charged that 19 fee was because of a pumping station that had to be 20 built down -- it was a good mile and a half from my 21 house -- that the water would reach the property in 22 approximately two weeks. 23 And that was there because of the number of 24 buildings that were built in the flood plane. So they 25 had to build a pumping station to get it up in the air PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 37 1 to start flowing again properly. 2 And I was being told I had to pay a fee. And 3 I've been doing this for -- you know, forever, and all 4 of a sudden, you're going to have to pay a fee. 5 So I understand how you do it with, you know, big 6 buildings and churches and the like. How are they are 7 still enforcing those types of rules to prevent what's 8 happening in University City, for instance, where 9 everything is getting backed up in people's yards, and 10 you have to buyout properties? Are they still following 11 that as well to prevent this from happening or getting 12 worse? 13 MR. TOENJES: As far as permitting and zoning and 14 new construction? 15 MR. CUBA: Right. Right. Like, maybe 16 incentivize the people to use permeable driveway 17 surfaces, you know, right out of the -- you know, when 18 you go to get your permit, you know. Ask them, have you 19 ever considered just putting two concrete runners in, or 20 bricks, or like rain garden; those types of things. 21 MR. TOENJES: Brian, maybe you be elaborate on 22 the district's relationship and various zoning and 23 permitting municipalities and agencies. 24 MR. HOELSCHER: Yes. So first of all, I want to 25 -- and we can spend time later if you want. What we're PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 38 1 talk about here that has nothing to do with the 2 situation in University City. 3 So sometimes you really want to -- we have a very 4 complicated system. That system is completely different 5 from anything we're talking about here. If you want 6 sometime, I got staff here, we and myself can go over 7 that. 8 The process that's currently in place has been in 9 place in its currently form since 1997. Mark, am I 10 getting that right? Okay. Since 1997. 11 And to a lesser extent, before that, when anybody 12 puts new development in, there's two things that MSD is 13 responsible for with regard to the runoff. 14 One, we make sure that when they put the -- when 15 they do a development, whatever runoff was occurring 16 during various storms on that property, as you said, if 17 you have a large grassy area, there's less coming off of 18 it. They have to make provisions for that subdivision 19 that the discharge from that subdivision is no greater 20 than what was there before it was developed. 21 In the old days, you almost always saw things 22 like retention basins. Nowadays, we're seeing people 23 develop while still using some kind of retention basin, 24 you will see folks using impervious pavement for 25 driveways. PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 39 1 Things like that will reduce the runoff, because 2 it reduces the size of the retention. If somebody were 3 to put in a retention like that, they are signing an 4 agreement that they are responsible for the cost and 5 full-time maintenance of those facilities. So it 6 doesn't cost you or any of the MSD ratepayers it's the 7 cost of building. 8 The second thing that MSD gets involved in, and 9 this has been in the last 10 years or so, is water 10 quality. So runoff, you know, those large basins that 11 take care of the really big storms -- 10, 20, 25-year 12 storms, where volume is a problem. 13 Also, recently, one of the issue becomes the 14 water quality. It's not the volume, it's the excess 15 salt or fertilizer or pet waste that the small storms 16 takes down into the system and dumps in the creeks and 17 streams and causes the water quality issues there. 18 There are also provisions to have you put into 19 any new development to capture those, and allow that to 20 be treated. So we have those small ways we control that 21 wastewater. 22 So MSD has the ability to govern those. They're 23 all done at the expense of whoever is doing the 24 development. And that developer is then responsible for 25 the cost of operating and maintaining that. That's PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 40 1 never passed on to the ratepayers. 2 Everything else that goes on in that development, 3 how it's shaped, how much green space is available, 4 whether or not they are building in a flood plane, 5 that's all the responsibility and under the authority of 6 the individual municipalities. 7 They are the flood plane managers, and it's the 8 building code responsibility to determine what that 9 looks like. 10 So we take care of the stormwater. We have a 11 kind of similar responsibility for what they do to get 12 wastewater to us. We'll review that as well. 13 But whether or not something eventually gets 14 built is the responsibility of the local government 15 that's responsible for the building codes. 16 MR. CUBA: Thanks. 17 MR. SCHOEDEL: I would like to mention that 18 developers aren't being encouraged, they're required as 19 an organization to develop several pieces of property. 20 We can't build some of the things that were mentioned 21 that are part of the design. 22 They also require ongoing maintenance, which we, 23 as the owner, have to do. So I get a letter once a year 24 stating, have you done the maintenance. And I have to 25 show that I have. So it's something that is been done PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 41 1 on a regular basis, that the owner is having to do bear 2 the cost. 3 MR. CUBA: Okay. Thanks. 4 MR. TOENJES: Any other comments? Questions? 5 Hearing none, thanks everybody for being here this 6 evening. Please stay tuned on the website, follow 7 what's going on. 8 The next public hearing in person will be May 22, 9 2018, at 6:00 p.m. at the Maryland Heights Community 10 Center. I should also mention that there will be an 11 online streaming public hearing on May the 30th, 2018, 12 at 1:00 p.m. So certainly encourage anyone who can't be 13 there in person to perhaps participate in the online 14 hearing. 15 Hearing nothing else, we will stand adjourned. 16 Thank you. 17 18 19 20 21 22 23 24 25 PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES Page 42 1 CERTIFICATE OF REPORTER 2 3 STATE OF MISSOURI ) 4 ) ss. 5 CITY OF ST. LOUIS ) 6 7 I, Georgia Beth Long, a Certified Court Reporter (MO), 8 Certified Shorthand Reporter (IL), do hereby certify 9 that the meeting aforementioned was held on the time and 10 in the place previously described. 11 12 IN WITNESS WHEREOF, I have hereunto set my hand and 13 seal. 14 15 16 17 18 19 ____________________________ 20 21 22 23 24 25 PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES A ability 39:22 able 16:24 22:19 27:24 28:12 absolutely 35:15 absorb 13:25 15:8 34:7 acreage 33:9 34:13 acres 21:16 30:25 33:6,18 33:23 34:1,2 34:22 actual 30:11 add 10:1 26:12 27:19 addition 7:21 additional 30:23 additive 33:10 address 11:16 12:18 13:19 14:7,21 15:11 20:23 22:18 23:20 27:12 28:11 31:24 addressing 10:20 12:23 adjacent 13:12 adjourned 41:15 adopted 4:13,15 5:1,5 advance 7:9 advertised 21:5 aerial 30:10,19 30:20 31:25 32:4,6 affairs 23:21 aforemention... 42:9 agencies 37:23 ago 20:6 27:1 31:3 32:2 35:1 agreement 39:4 ahead 8:4 29:4 air 36:25 airport 14:20 Alaris 2:23 allow 10:6 16:6 20:8 39:19 allowances 34:9 allowed 7:10 allows 10:23 amended 3:16 5:6 amendment 9:4 11:1 American 6:9 amount 14:11 15:13,16 16:13 16:21 17:2 20:1 20:10 30:2 35:11 amounts 34:13 angle 30:15 answer 9:1 29:4 answered 6:22 anybody 38:11 anyway 31:9 appeal 32:6,8 32:13 application 5:8 5:9,11 appointed 9:8 appreciate 24:6 32:16 approved 4:19 4:19,20 18:14 19:8 approximately 9:24 36:22 April 10:5 11:18 22:15,23 27:22 area 9:20 10:10 14:12,15 15:6,9 15:13,16,25 16:10,13,18,21 16:21 17:2,6,11 17:15,18 18:4,8 20:2,3,10,14 21:3,18 30:3,8 30:10 31:15 33:4,9,17 38:17 areas 12:23 14:13 15:8 24:17 32:1 arrive 25:6 Arts 1:20 asked 17:13 asking 20:22 associated 26:6 August 4:22 22:8 authority 40:5 available 33:7 40:3 average 14:16 16:16,22 17:12 19:18 B back 23:24 26:10,10 32:11 36:10 backed 37:9 backups 25:13 backyard 20:6 26:5 backyards 34:19 balance 12:3 24:19 Ballwin 1:1,22 26:25 barn 30:25 31:1 31:8 barrels 31:3 32:23 34:11 based 14:11 15:25 16:13 18:2,19 30:2,7 30:10,20 32:5 basement 25:13 basin 38:23 basins 38:22 39:10 basis 41:1 bear 41:1 Beckmann 2:7 3:14,14 25:4 beginning 6:6 belief 16:8 believe 13:21 31:25 32:22 benefit/cost 26:14 best 21:1,4,14 27:11 28:13 32:5 Beth 2:21 42:7 big 13:15 34:7 35:4 37:5 39:11 biggest 34:21 bill 9:12 10:17 11:7 14:17 19:4 19:5,7,8,12,16 19:20,21 20:10 20:22 21:11 billed 17:24 18:2 18:5 19:3,9,19 20:12,24 billing 19:22,23 20:15 32:12 billing's 32:13 billion 23:2 bit 32:22 blacktop 15:6 block 20:13 blocked 12:17 blue 8:24 board 3:21 4:18 4:22 9:7 14:1 22:1,8,9 23:9 body 22:24 bottom 11:10 bought 31:2 break 18:19 Brian 2:11 8:8 25:4 37:21 bricks 37:20 brief 5:25 bring 14:6 build 36:25 40:20 building 39:7 40:4,8,15 buildings 36:24 37:6 built 19:25 36:20,24 40:14 bulk 8:16 button 29:11 buy 13:6 buyout 37:10 buys 13:9 C C 2:1 calculate 16:12 16:13 calculated 32:7 calculating 30:9 calculation 21:19 25:23 26:15 calculations 18:20 calendar 22:10 22:13 call 27:12 28:13 28:14 29:4 called 6:25 16:14 17:4 capital 14:6 16:19 capture 21:3 26:20 39:19 care 10:18 39:11 40:10 carried 10:21 case 18:12 19:23 24:2 28:5,25 PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES 29:24 30:21 30:24 31:11 catch 30:14 cause 12:21 36:3 caused 12:25 causes 39:17 causing 13:2 CCR 2:22 CCR/CSR 2:21 cell 7:15 cemeteries 14:19 Center 1:20 41:10 cents 11:6 CEO 2:10 8:8 certainly 41:12 CERTIFICATE 42:1 Certified 42:7,8 certify 42:8 chairman 2:5 3:4 8:7,21 21:23 22:3 24:4 27:7 32:18 change 4:11 5:7 6:14 7:12 15:4 35:19 changed 28:15 changes 3:19 4:11,20 charge 14:16,18 15:25 17:7 19:7 20:25 21:13 24:11,15 30:23 charged 14:20 36:18 charges 18:15 18:16 charter 3:15,21 9:6 check 28:14 32:9 Christensen 26:24,24 27:14,18 28:16 29:5,6,14 churches 14:19 37:6 circumstances 35:8 city 1:1 4:9 9:8 9:21 14:19 37:8 38:2 42:5 Clear 21:6 23:1 click 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contact 23:23 contacted 27:19 contacts 23:16 23:17 contain 6:10 contemplate 33:3 continue 12:8 continuing 28:18 contracts 24:22 contribution 15:15 control 10:23 32:21 39:20 Cook 33:14,15 35:18,24 36:1 correct 28:1 32:12,23 36:5 cost 11:24 15:18 16:22 18:11,23 19:21 26:14 28:23,24 39:4 39:6,7,25 41:2 counsel 5:2 country 10:3 county 4:9 9:9 9:9,21,22 29:18 couple 24:13 27:15 29:16 33:15 Court 2:21 16:2 42:7 cover 12:1 13:20 13:20 covered 21:17 covers 35:15 created 9:4 credit 20:21 21:2,15,18 33:5,7,11 34:22 36:14 credits 33:10 creek 12:14,22 13:1,1,24 14:1 34:19 creeks 10:22 12:20 14:22 39:16 Croyle 2:6 3:13 3:13 CSR 2:22 Cuba 29:15,16 29:21 30:4,9 30:24 31:11 32:15 33:13 36:8,10 37:15 40:16 41:3 current 4:15 10:4 22:6 currently 4:7 8:14 10:15 11:1 11:19 12:4 15:2 19:4 22:2 38:8,9 customer 18:7 18:13 19:3,14 19:16 21:2 customers 9:22 16:7,23 17:1,7 17:21,22,23 18:24 19:6,9 20:12 customers's 14:12 D damage 13:2 dates 6:10 day 9:25 27:25 days 21:25 38:21 deal 33:15 decree 23:2 deem 7:14 Deer 12:22 definitely 11:12 demonstrate PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES 34:12 35:2 depending 14:9 17:2 depends 24:24 Des 12:22 describe 9:16 described 22:3 42:10 describing 5:23 description 5:25 8:12 10:15 15:5 design 21:20 40:21 designation 28:21 details 16:24 determine 15:14 25:21,25 26:12 31:24 40:8 determined 30:17 develop 25:16 38:23 40:19 developed 38:20 developer 39:24 developers 40:18 developing 21:15 development 15:1 21:20 23:3 38:12,15 39:19,24 40:2 differ 29:21 difference 32:8 different 20:4 24:16 38:4 digging 29:13 direct 7:22 directly 15:11 20:18 director 2:10 8:8 21:12 dirt 34:7 discharge 38:19 discovery 5:15 discussing 8:13 discussion 28:19 Dispatch 6:9 distribute 15:18 district 1:9 2:3 3:4,16,18,20 4:3 6:13,17,18 7:23 8:6,23 11:17 14:4 23:22 24:17 28:22 30:19 35:22 district's 3:23 4:12 37:22 districtwide 8:20 10:13 11:8 12:8,9 22:18 ditches 12:17 divide 18:8 26:13 dividing 16:20 document 9:5 documents 5:18 5:24 28:5 doing 12:1 22:11 22:12 37:3 39:23 dollars 11:4 29:18 door 7:19 26:10 34:1 dots 11:20 driveway 37:16 driveways 14:13 15:7 16:18 32:3 38:25 drop 20:3 dumps 39:16 dwellings 17:25 E E 2:1,1 e-mail 23:19 27:15 earlier 18:17 early 25:3 easement 13:13 easements 24:25 easiest 19:15 26:3 economic 19:19 effect 12:18 effective 20:1 effectively 21:7 either 7:18 11:14 15:4 19:10 elaborate 37:21 election 3:16 10:9 11:18 22:23 Eleventh 2:23 eliminated 11:14 encourage 41:12 encouraged 40:18 Energy 5:10 enforce 36:15 enforcing 37:7 engaged 5:2,15 engineered 20:8 ensure 3:22 enter 30:7 entire 13:13 entities 14:18 entity 30:1 environmental 4:4 environmenta... 21:19 equivalent 16:14 20:19 eroding 13:1 erosion 11:17 12:2,25 13:5 13:16,24 14:22 15:10 22:19 26:4,6,8 28:22 ERU 18:3,4,8,11 20:15 21:10,11 21:13 ERUs 18:3,10 19:12 20:13,14 especially 27:11 28:14 31:14 established 3:17 estimated 11:16 28:24 evening 3:3,6 41:6 evenings 6:5 eventually 40:13 everybody 41:5 exactly 11:25 23:7 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housekeeping 7:4 hundred 11:4 29:18 hundred-dollar 10:17 Huntley 30:6 I idea 27:25 34:15 ideas 32:21 35:22 identified 10:25 27:3 identify 7:2 identifying 5:17 IL 42:8 illegal 16:4 Illinois 2:22 imagine 33:23 immediately 14:14 impact 10:21,23 32:22 impacted 13:6 15:11 impervious 14:12,13,20 15:5,8,13,16 15:24,25 16:10 16:13,17,21 17:2,5,11,15,18 18:4,8 20:2,3 20:10,14 21:3 21:18 24:11,15 30:3,8,10 33:4 33:9 34:4 38:24 implement 14:5 important 9:10 25:22 improvement 16:20 inaccurate 32:14 incentive 20:1 21:6 32:19 36:3 incentives 19:25 incentivize 37:16 includes 13:24 including 4:3 4:25 15:19 23:8 33:19 PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES independent 5:3 indicated 8:21 16:2 24:9 individual 20:2 31:24 40:6 individuals 14:24 18:21 industrial 4:1 5:10 17:24 18:25 information 6:19 7:24 25:10,16 27:4 infrastructure 20:24 initial 6:22 initiative 22:15 inlets 10:8 inside 7:19 instance 13:25 33:1 35:3 37:8 institutions 4:8 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7:11 mirrors 21:19 Mississippi 20:20 Missouri 1:2 2:22,24 5:10 20:19 42:3 mitigation 31:7 MO 1:22 42:7 modified 4:19 money 11:13 12:3 20:4 moneys 9:13 month 14:17 16:23 17:8,13 17:16,19 18:5 18:13 19:19,21 20:15 monthly 9:12 19:5,7,12,20 19:21 months 19:17,23 19:24 morning 4:24 5:1 28:20 move 13:8 22:14 moving 24:23 MSD 2:10 3:2,7 3:21 4:7,16,18 4:22 5:2,4,12 5:13 8:9,12,14 9:3,6 10:8,10 10:18 13:9 15:23 16:5,16 PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES 16:17,21 22:1 22:19 23:19 24:3 27:1 31:2 31:19 35:6 36:17 38:12 39:6,8,22 MSD's 21:5 29:8 multi-family 17:25 18:24 municipalities 9:23 13:18 15:2 25:15 37:23 40:6 municipality 13:12 N N 2:1 name 3:3 8:7 23:19 26:24 28:11,12 names 7:1 26:20 near 34:10 necessarily 12:13,20 25:10 33:20 35:9 necessary 7:14 32:11 need 8:1 11:11,12 26:20 needed 16:3 23:1 needs 11:2 neighbor's 34:17,18,18 neighborhood 4:5 neighbors 12:15 never 13:10,14 25:2 27:16 35:2 40:1 new 36:11,11 37:14 38:12 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Post 6:8 pot 26:1 potentially 33:7 practice 21:4,14 practices 21:1 prehearing 5:16 5:21,22,22 prepared 5:18 5:24 present 6:13 7:5 7:23 12:6 presentation PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES 6:16,21,23 8:5 8:10,16 9:2 24:1,8 27:1 presenting 6:18 preside 3:5 presiding 7:13 Pretty 32:3 prevent 37:7,11 previous 16:8 previously 5:18 42:10 primarily 25:18 Prior 10:9 prioritize 25:24 prioritized 28:21 prioritizing 25:21 priority 27:23 private 13:2 15:19 privately 14:23 probably 33:2,8 34:15 problem 11:24 12:10 13:7,15 14:7 25:12 26:3,7,13 39:12 problems 11:17 12:21 15:10 36:3,16 procedural 4:13 4:15,25 5:5 procedure 28:25 procedures 23:8 proceed 16:10 proceeding 7:22 proceedings 4:14 5:8 6:8 24:1 process 16:1,3 23:7 25:25 28:16,17 32:6 32:13 38:8 program 12:8 14:10,21 15:18 16:9 17:8,20 18:13,14,22 19:2,25 21:6 23:4 32:19 35:14 project 11:20 21:6 23:1 24:23 27:4,23 28:12 projects 25:5,6 25:10,18,21,24 25:25 26:15 27:3 28:2,6 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R R 2:1 rain 13:1 21:4 31:3 32:22 34:11 37:20 rains 12:13 rainstorm 13:22 Raise 23:20 raised 5:17,23 rate 1:9 2:3 3:2 3:4,7,17,24,25 4:7,10,11,12,16 4:16,18 5:2,3,5 5:6,12,13,17 5:24 6:7,14 7:12,23,24 8:17,22 12:6 14:6,20 15:21 15:23,23,24 16:8,19 21:8 21:24,25 22:6 22:12,24 23:5 23:8,17 24:6 26:17 28:5,7 28:25 29:2,7 29:9 31:7,18 32:21 ratepayer 6:15 7:1,3,11 ratepayers 6:3 39:6 40:1 rates 3:19,19,20 4:12 ratio 26:14 rationale 6:1 Ratzki 2:7 3:12 3:12 reach 36:21 realize 33:16 really 22:21 27:5 28:13 35:11 38:3 39:11 reason 19:18 36:18 reasonable 36:2 reasons 35:2,7 receive 9:12 19:14 received 4:11 5:13 receives 19:4 receiving 7:25 recognize 28:12 recognized 7:7 recommenda ... 22:7,9 recommenda ... 3:18 4:17 22:1 recommended 16:19 record 5:19 26:22 recover 31:1 Recreation 1:20 redeveloped 13:10,14 reduce 20:1,9 20:14 21:7,20 32:20 39:1 reduces 39:2 reducing 20:3 reevaluate 28:18 refer 8:1 regard 38:13 regarding 3:19 6:8 7:12 24:3 regional 12:19 12:23 13:4 regular 12:13 41:1 regulatory 10:18 10:20 11:2 24:25 relationship 15:3 37:22 PUBLIC HEARING 5/17/2018 www.alaris.us Phone: 1.800.280.3376 Fax: 314.644.1334 ALARIS LITIGATION SERVICES relocations 24:25 remain 14:23 remediation 28:24 remember 9:10 15:22 32:10 remote 24:16 remove 20:16 removing 20:14 repeating 21:23 replace 20:7 report 5:23 Reporter 2:21 42:1,7,8 represent 4:1 representation 3:23 representative 3:25 represented 7:2 represents 11:20 requested 4:21 requesting 7:9 requests 5:15 require 40:22 required 40:18 requirements 23:1 requires 3:21 resident 26:25 residential 4:2 16:15,16,23 17:1,6,11,17,21 17:24 18:20 19:15 21:2 residents 9:18 13:17 25:11,14 responses 27:15 responsibility 14:25 15:1 35:6 40:5,8,11 40:14 responsible 38:13 39:4,24 40:15 rest 22:10 restrooms 7:18 result 30:22 retention 34:13 36:13,14 38:22,23 39:2 39:3 revenue 9:16 10:11,13 12:8 14:7 15:14 18:19 revenues 12:4 18:17,21 22:17 22:25 review 3:18 4:17 22:1,11,12 40:12 right 3:1 11:11 14:3 16:10 22:14,23 23:23 24:20 26:1 28:9 29:10 31:20 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