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
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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
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