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HomeMy Public PortalAboutExhibit MSD 117 - MSD's Response to Public Comments received at May 12 and May 27, 2015 Public HearingsMetropolitan St. Louis Sewer District 2350 Market Street St. Louis, MO 63103-2555 (314) 768-6200 Paul E. Caster Governor Court Homeowners Association 491 Governor Ct. Ballwin, MO. 63021 Re: June 1, 2015 letter Dear Mr. Caster: June 8, 2015 Please note that your letter and its attachments, along with this response, will be made part of the Rate Commission record. In response to the three requests made at the end of your letter, I offer the following: MSD's Stormwater Creek Maintenance Policy I have attached a copy of MSD's current policy, and direct your attention to the specific section on creek maintenance, paragraph A. Maintenance activities are obviously also allowed by the owners of the creek, either the subdivision through its common ground or direct ownership by the adjacent property owners. Your situation will depend on the conditions laid out when your subdivision was developed. As described in the Rate Proposal and at the Rate Proposal presentation, MSD is seeking to raise limited district -wide funding to address the type of creek erosion issue you describe. However, no funding currently exists in Ballwin for this type of MSD activity. Understanding of the Public Hearings It appears that this refers primarily to paragraph "c" of your letter. Other than the discussions you have had with MSD's Secretary -Treasurer regarding corrections to some of the statements you have made, I only have two other points: • First, as mentioned at the public sessions you attended both on May 12th and May 27th, the presentation is only a synopsis of the Rate Proposal. The entire Rate Proposal and a record of all proceedings of the Rate Commission are available to anyone at our website, www.stlmsd.com. • Second, regarding your statements about the Consent Decree, the Decree itself also has been and will continue to be available on our website for anyone to review. Note that the Consent Decree requires $4.7 billion in total capital work. In the past and as we suspect will happen in the future, funding of Consent Decree work has been paid for through a combination of cash and bond financing as directed by the voters. Complete bond financing of the capital program is not a requirement of the Consent Decree. Requested Corrective Action As presented to you at the May 27th meeting, the district -wide issues you describe are being addressed in three ways: 1. The pollutant issue is addressed through the implementation of Consent Decree activities to reduce sewer system overflows and is funded through wastewater rates. 2. Activities to control storm water run-off pollution are addressed through the District's Municipal Separate Storm Sewer System permit and are funded through the District -wide two -cent property tax. 3. Creek erosion is not currently addressed due to an absence of funding, but approval through the Rate Commission process and by voters of a District -wide stormwater tax would provide funds to start addressing creek erosion and other stormwater issues throughout the District, including in the Ballwin area. These programs and initiatives are ongoing and will require work over several decades. They will not result in your issue being addressed immediately as you have requested. Sincerely, Brian Hoelscher Executive Director & Chief Executive Officer Cc: Rate Commission w/all attachments APPENDIX I THE METROPOLITAN ST. LOUIS SEWER DISTRICT STATEMENT OF POLICY FOR MAINTENANCE OF STORMWATER SEWER SYSTEMS AND FACILITIES The following summarizes the District's current policy on Stormwater System Maintenance. A. Unimproved Channels The District will remove debris, trees, brush, and weeds that significantly obstruct the flow in the channels. Priority will be given to blockages that are in evidence and/or reported causing major flooding. B. Improved Channels The District will remove debris, trees, brush, silt, and weeds that significantly obstruct the flow in the channel. The structural integrity of the channel bottorns and sides shall be maintained. C. Storm Sewers (Enclosed Systems) The District will clean and maintain all public storm sewers (enclosed systems) that have been dedicated to and accepted by the District for operation and maintenance. D. Road Culverts and Bridges The District will not maintain road culverts and/or bridges. This responsibility belongs to the agency or individual that has jurisdiction over the roadway. The District will maintain a road culvert which was installed by the District as an integral part of the storm sewer system. E. Driveway Culverts The District will not maintain any driveway culverts. F. Missouri State Highway Department The District will not maintain any storm sewers located on State Highway right-of-way, unless they are an integral part of an accepted storm system. G. Road inlets The District does maintain road inlets on systems dedicated and accepted by the District. H. Trench Drains The District does not maintain trench drains. I. Roadside Ditches or Gutters The District will not maintain roadside ditches or gutters. This responsibility belongs to the agency or individual that has jurisdiction over the roadway. J. Bars Over Inlets The District does not allow bars, grating, screens, or any other obstructions to flow to be placed in front of inlets or pipe openings. K. Weeds The District only cuts weeds on property owned by the District. The District does not cut weeds on easements. L. Swales Yard swales will not be maintained by the District. M. Fences The District will maintain fences along improved stormwater channels that were installed in the concrete sides of the channel or installed by the District as an integral part of an improvement. N. Retention and Detention Basins The District does not maintain retention or detention basins. O. Sink Holes The District shall not maintain sink holes, but will maintain the structures over the sink hole if it is a public system. In the event a dispute arises as to whether a particular stonnwater sewer system or facility or any part thereof should be maintained, repaired, or replaced by the District pursuant to this policy, the decision of the Executive Director shall be final. Any person or persons jointly or severally aggrieved by such decision may appeal such decision in the manner provided for in Section 12.110 of the District's plan. Paul E. Caster, MBA, NHA Ballwin Governor Court Homeowners Association 491 Governor Ct. Ballwin, MO 63021 Phone: (636) 207-0234 Fax: (636) 256-9338 pauleaster@.shegloha1.net «CE I! TITIED MAIIL» June 1, 2015 Mr. Brian L. Hoelscher, P.S. Executive Director Metropolitan St. Louis Sewer District 2350 Market Street St. Louis, MO 63103-2555 Re: Governor Court Fishpot Creek Dear Mr. Hoelscher: On behalf of our Governor Court Homeowners Association members, this letter will confirm my understanding and recorded notes taken at the May 12, 27 Public Hearings sponsored by MSD and the Missouri Rate Commission. I am grateful for the opportunity to provide comments and related documents pertaining to Clean Water/Storm Water and related emergency issues located and impacting our Ballwin residential community. As recorded, the purpose of the writer's appearance was to solicit your, MSD executive staff, Board of Directors and the Missouri Rate Commission's assistance to immediately address and resolve ongoing Clean Water Act and Stormwater issues. Since 2007, these issues have been presented to MSD, City of Ballwin and The Missouri Coalition for the Environment and have reached critical emergency health and safety concerns for our children who have direct contact with and in the Fishpot Creek water. In support of our request for immediate MSD corrective action, as identified in objective Advocate comments contained in documents presented to Mr. Stein at the May 27 Public Hearing at Wildwood, please find the following attachments; a) May 7, 2014 correspondence from Mr. Gary Kramer, City of Ballwin Engineer/Director, addressed to your attention. Mr. Kramer's on -site inspection correctly reports that "The creek has severely eroded and the pipe suspended above the creek bed. In addition, discharge from this pipe has created a deep, signature of water, great for mosquito breeding." Please furnish your response. b) April 16, 2015 correspondence from Alicia Llyod, Clean Water Policy Coordinator, The Missouri Coalition for the Environment addressed to the writer. Ms. Lloyd reports, in part, that "In researching Fishpot Creek, I learned that it is listed on Missouri's Impaired Waters list for bacteria contaminants — specifically, E-coli". Mr. Brian Hoelscher P: 2 of 2 June 1, 2015 c) The writer's prepared document titled "Metropolitan St. Louis Sewer District - Rate Proposal -Community Presentations". This vital information/data can be internally verified in summary or in part. Furthermore, it is essential to satisfy full Consumers/Voters disclosure prior to Rate Commission bond approval/offering with details included in any bond ballot publication. Specifically, full disclosure must include current per capita debt burden and forecasted burden with an additional $1 billion bond financing. In the event of MSD bond payment default, Voters/Consumers must be informed of their financial contingent liability to cure such default. Furthermore, Consumers/Voters must be notified that the Federal Consent Decree requires MSD to incur a minimum $4.7 billion in future bond financing. Also, since the current proposed $1 billion funding will aggregate $2 billion of the required Consent Decree, an additional $2.7 bond financing shall remain outstanding. This additional amount will be presented to Consumers/ Voters for approval in the future resulting in additional rate/fees to be assessed. Since there have been prior scheduled Public Hearings in which full Consumers/Voters per capita debt and risk exposure resulting from current and additional bond financing disclosure was not offered, it is recommended that various media outlets be contacted with instructions to publish the information/data as presented and verified herein. In summary, on behalf of the Ballwin Governor Court Homeowners Association, we are requesting that you, MSD Executive Staff and Board Members reconsider your decision not to take immediate corrective action to address and resolve the serious emergency life - threatening E-coli bacteria contaminants, child safety, erosion, health and related issues as publically recorded in the hearing meetings and identified in the attachments. As committed, please forward a copy of MSD's Stormwater Creek Maintenance Policy, respond to my understanding of the Public Hearings and review our request for Fishpot Creek emergency priority corrective action as recorded on or before June 10, 2015 Respectfully and with urgency, aul E. Caster Governor Court Homeowners Association Member Cc: Mr. John Stein Missouri Rate Commission Mr. Chris Garrett, President Governor Court Homeowners Association SIZ9/is w 1 t,! l J r k 'Tv-4-se �. `72/-� METROPOLITA ST. LOUIS SEWER DISTRICT - RATE PROPOSAL - COMMUNITY PRESENTATIONS This Memorandum is intended to fully inform St. Louis Community Voters of various consequences which will impact their per capita debt, bond default remedy and related matters NOT disclosed by the MSD presentation and which SHOULD BE PRINTE D IN THE BOND BALLOT AND PUBLISHED BY various media throughout the IVISD service area. CI Per Capita MSD customer DEBT Burden will increase approximately 54% --- from the from the current $1,400 amount to $2,158 >Bond Payment Default: In the event MSD default's on Bond payments, MSD customers are liable to cure such payment default. Accordingly, MSD has the authority to assess MSD customers whatever fees are required to remedy any Bond payment default. > MSD has incurred $1.7 bifflon hi Bond Financing of which $1 billion is outstanding MSD has made no payments on $691 million Senior Bond Financing dated 2006-2013 r-> MSD's 2015 debt service includes $47 million of interest + $20 million principal or a total of $67 million annuahy. > MSD Bonds are considered "Restricted" and cannot be co -mingled with MSD "General Funds" nor used for operational purposes such as funding MSD employee Pension, Retirement, Health Benefit Plans with Annual $10 million cost contributions and $254 million actuarial accrued liability. > IVISD's Bond revenues produced approximately $390 million investments Assets which are invested to yield $2.9 million of revenue offset by $25.6 million of interest expense iii1SD's "Public Funds Investment Policy" prohibits borrowing for Investment Purposes US District Court 2011 "Consent Decree" mandates that MSD achieve and maintain compliance with the Clean Water Act and Missouri Clean Water Law without qualification. The decree requires MSD to spend a "Minimum" $4.7 billion by 2023. Since an additional $1. billion will be added to the existing $1.7 billion, MSD will add an additional $2 billion in Voter Approved Bond Financing. > Data Source: MSD published Financials, Us District Court, City Ballwin, Missouri Coalition for the Environment > NOTE: MSD Executive Staff has been put on not4ce that Ballwin "Fishpot Creek" contains clean watti'E coIi bacteria contaminants, bank erosion, health -safety issues requiring immediate Emergency Action to protect children's lives. or "leveraging" Department of Public Works 200 Park Drive Ballwin, MO 63011-3728 May 7.2014 Mr. Brian L. Hoelscher, P.E. Executive Director Metropolitan St. Louis Sewer District 2350 Market Street St. Louis, MO 63103-2555 Re: Governor Court Creek Dear Mr. Hoelscher: Arki-.4. "' s, d 3 (636) 227-9000 Fax: (636) 207-2333 ww w. b a liwi n. rno. u s We met on May 6, 2014 with the resident at 491 Governor Court regarding the adjacent creek condition. The concerns pertain to creek bank erosion and a storm sewer pipe that discharges into the creek. The creek has severely eroded and the pipe suspended above the creek bed. In addition, discharge from this pipe has created a deep, stagnate pool of water; great for mosquito breeding. Please advise what assistance MSD can provide in correctly the bank erosion, securing the suspended pipe, and eliminate the pool created by the pipe. Sincerely. Gary R. Kramer. P.E. City Eniiineer%Director Ballwin Public Works cc: Robert Kuntz, City Administrator Tim Pogue, Mayor Kathy Kerlaaon, Ward 4 Alderwornan Mike Boland, Ward 4 Alderman Paul Caster, 491 Governor Court, Balhwin. MO 63021 P: CREEKS PONDSiGorernor Cti49I Governor Court ( -7- 4).D, i vli aouri Coalition for the. EIIv2r nn icnr F.IT c-r:vr: CITIZEN Ac: rUON srNcE 1969 April 16, 2015 Paul Caster Governor Court Homeowners Association 491 Governor Ct. Ballwin, MO 63021 Dear Paul: Thank you for taking the time to visit with us regarding Fishpot Creek's water flow, drainage, and erosion issues adjacent to your property and neighborhood association. We believe landowners and community members are critical to supporting healthy water systems in their communities so we appreciate your interest in the creek's environmental health and contribution to your community and we understand you are concerned. While we do not have the capacity to speak to the legal responsibility for removing debris from within the specific waterway, we can offer a few suggestions regarding improving the health of your watershed which would include the section of Fishpot Creek adjacent to your property and resources to look into. If the Governor's Court Homeowner's Association chooses to explore remedying the erosion and debris issues in Fishpot Creek, a good resource is Missouri Stream Team. Stream Team is a citizen group that holds organized work days of volunteer teams on Missouri river and stream issues including bank stabilization projects. They have biologists that contribute their expertise and conduct free trainings and may be a good place to get assistance. In researching Fishpot Creek, I learned that it is listed on Missouri's Impaired Waters list for bacteria contaminants — specifically, E.coli. The Missouri Department of Natural Resources' Total Maximum Daily Load (TMDL) Implementation Plan for addressing the impairment is available here: http:i/dnr.mo.gov/envIwpp/tmdl/does/ip-bacteria-fishpot-cr.pdf. The Kiefer Creek Watershed just southwest of Fishpot Creek is also impaired with E. coli contamination. In 2009, MCE obtained state funding to help local watershed residents develop a coalition and a comprehensive watershed management plan for the Kiefer Creek Watershed after learning of the watershed's significant bacterial contamination. Here is a link to the Kiefer Creek Watershed project: http:!/kieterereekwatershed.weeblv.corn/. We hope this project will serve as a model for other community groups who care about and want to improve the health of their watersheds. Here is further information about E. coli contamination in Kiefer Creek: http://kiefercreekwatershed. weebly. com/bacteria-assessment.htm t. One of the major contributors to bacterial runoff is failing septic systems. During our meeting on 3/17/2015, Heather mentioned the Metropolitan Sewer District Consent Decree requiring MSD to spend $4.7 billion on improving sewer infrastructure. She looked at the most recent report and 311$ SOUTH GRAND BLVD. • SUITE 656 • ST.LOUIS, i1lISSOURI 63118 • (314) 727-0600 • MOFNVIRON@MOENVIRON.ORG • WWW.MOFNVIRON.ORG t' did not see any work in your immediate area. There is information in the linked TMDL about scheduled improvements for Fish Pot creek related to the consent decree. Again, thank you for being engaged with the environmental issues in your neighborhood and for reaching out to MCE. I hope some of this information will be helpful to the Governor Court Homeowner Association. Please let us know if you have further questions. MCE is a statewide environmental advocacy organization. We are dependent on members for support. If any of this information has proven useful to you I hope you will consider joining MCE. Many of the issues we work on, including monitoring the MSD Consent Decree and improving water quality standards directly relate to the issue you are facing. I wish we could be more responsive to your individual issue, and as our organization grows our goal is to be able to provide more direct support where it's needed. Best, Alicia Lloyd Clean Water Policy Coordinator Missouri Coalition for the Environment 3115 SOUTH GRAND BLVD. • SurrE 650 • ST.IAUIS, MissouRu 63118 • (314) 727-0600 • MOP.NVIRON@MOENVIRON.ORG • W W W.MOENVIRON.ORG edeto-