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HomeMy Public PortalAboutExhibit MSD 105- Transcript of Public Hearing- July 25, 2023Page 1 ·1 ·2 ·3 ·4 ·5 ·6· ·Metropolitan Saint Louis Sewer District Public · · · · · · · · · · · · ·Hearing ·7 ·8· · ·2023 Stormwater and Wastewater Rate Change ·9· · · · · · ·Thomas Dunn Learning Center · · · · · · · · · 3113 Gasconade Street 10· · · · · · · · Saint Louis, MO 63118 11 12 13 14· · · · · · · · · · July 25, 2023 15 16 17 18 19 20 21 22 23 24 25 Exhibit MSD 105 Page 2 ·1· · · · · · · · · · · · · INDEX ·2· · · · · · · · · · · · · · · · · · · · · · · · · ·PAGE ·3 ·4· ·Opening· · · · · · · · · · · · · · · · · · · · · · 5 ·5· ·Presentation:· · · · · · · · · · · · · · · · · · ·11 · · · ·By Brian Hoelscher ·6 ·7· ·Questions by the Public:· · · · · · · · · · · · · 29 ·8· ·Adjournment· · · · · · · · · · · · · · · · · · · ·36 ·9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 3 ·1· ·Metropolitan Saint Louis Sewer District Public ·2· · · · · · · · · · · ·Hearing ·3 ·4 ·5 ·6 ·7 ·8 ·9 10 11· · · · · ·MSD Public Hearing, produced, sworn and 12· · · examined on July 25, 2023 between the hours of 13· · · 07:00 p.m. and 09:00 at 3113 Gasconade Street , 14· · · in the City of St. Louis, State of Missouri, 15· · · before Colin Wallis, within and for the State 16· · · of Missouri. 17 18 19 20 21 22 23 24 25 Page 4 ·1· · · · · · · · · A P P E A R A N C E S ·2· ·RATE COMMISSIONERS: ·3· ·Jim Faul ·4 ·5· ·MSD Staff: ·6· ·Brian Hoelscher, MSD CEO · · ·Lance Lecomb ·7 ·8 ·9· ·REPORTED BY: 10· ·Mr. Colin Wallis · · ·Lexitas Legal 11· ·711 North Eleventh Street · · ·St. Louis, Missouri, 63101 12· ·(314) 644-2191 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 5 ·1· · · · · · · · · *· *· *· * * ·2· · · · ·(Proceedings commenced at 6:00 p.m.) ·3· · · · COMMISSIONER FAUL:· All right, ladies and ·4· ·gentlemen.· I appreciate everybody coming here ·5· ·today.· My name is Jim Faul of the Metropolitan ·6· ·St. Louis Sewer District Rate Commission. I ·7· ·will be serving as the presiding commissioner ·8· ·for tonight's public hearing this evening. ·9· · · · The Charter Plan of the District was 10· ·amended by voters in St. Louis City and St. 11· ·Louis County at a general election on November 12· ·the 7th, 2000, and established the Rate 13· ·Commission.· The purpose is to review and make 14· ·recommendations to MSD's Board of Trustees 15· ·regarding changes in wastewater rates, 16· ·stormwater rates, and tax rates proposed by MSD 17· ·staff. 18· · · · The Rate Commission seeks to ensure MSD 19· ·ratepayers, and the public in general, have a 20· ·voice in MSD's rate-setting process.· Per the 21· ·Charter Plan, the Rate Commission is composed 22· ·of 15 member organizations who collectively 23· ·represent the broadest possible cross-section 24· ·of MSD customers and the community it serves. 25· ·I am the commissioner representing the North Page 6 ·1· ·American Building Trades Unions. ·2· · · · The Rate Commission member organizations ·3· ·are selected by MSD's Board of Trustees through ·4· ·a public self-nomination and selection process ·5· ·that's set forth in the charter.· Each member ·6· ·organization, such as North American Building ·7· ·Trades Unions, serves a six-year term and ·8· ·appoints an individual to represent the ·9· ·organization on the Rate Commission. 10· · · · Per voter-approved changes made to MSD's 11· ·charter in 2000, the Board of Trustees shall 12· ·elect member organizations so as to ensure a 13· ·fair representation to all users of the 14· ·District's services. 15· · · · Specifically, the Rate Commission member 16· ·organizations shall represent 17· ·commercial-industrial users, residential users, 18· ·and other organizations interested in the 19· ·operation of the District, including by way of 20· ·example but not by way of limitation, 21· ·organizations focusing on environmental issues, 22· ·labor issues, socioeconomic issues, community 23· ·neighborhood organizations and other nonprofit 24· ·organizations. 25· · · · For a list of individual rate Page 7 ·1· ·commissioners and the organizations they ·2· ·represent, please visit the Rate Commission ·3· ·section of MSD's website at www.msdproject ·4· ·clear.org.· There you'll see a list of all the ·5· ·member organizations, including but not limited ·6· ·to the North American Building Trades Unions. ·7· · · · The Rate Commission received a rate change ·8· ·notice from MSD staff on March 24th, 2023, for ·9· ·wastewater rates and stormwater rates and 10· ·taxes.· Per the Charter Plan, the Rate 11· ·Commission must issue its report on the 12· ·proposed rate change notice to MSD's Board of 13· ·Trustees on or before September 5th, 2023, 14· ·which is steamrolling towards us right now. 15· ·The Rate Commission adopted an operational 16· ·rules and a procedural schedule to conduct its 17· ·proceedings in a timely manner with procedural 18· ·fairness to all parties. 19· · · · Since the rate-change notice was received 20· ·on March 24th, 2023, the Rate Commission has 21· ·received testimony from MSD staff and rate 22· ·consultants employed by the Rate Commission to 23· ·evaluate the MSD staff's proposal.· The parties 24· ·have also engaged in discovery requests. 25· ·Documentation of these activities is listed on Page 8 ·1· ·the Rate Commission's section of MSD's website ·2· ·at www.msdprojectclear.org. ·3· · · · Tonight's public hearing is one of 14 ·4· ·on-the-record sessions planned between ·5· ·June 21st, 2023, and August 7, 2023.· As an ·6· ·aside, I noticed the way I said that may have ·7· ·made it sound like there will be ·8· ·off-the-record, there aren't.· Only ·9· ·on-the-record, I apologize. 10· · · · Any ratepayer who wishes to be heard on 11· ·the proposed rate change may testify or 12· ·participate in these public hearing sessions. 13· ·The public hearings are publically noticed via 14· ·postings on the Rate Commission MSD's website 15· ·at www.msdprojectclear.org.· These postings 16· ·contain the time, date, and location of each of 17· ·the public hearings.· As hearings are added to 18· ·the schedule, the same information will be 19· ·posted. 20· · · · Public hearings are held for the sole 21· ·purpose of permitting MSD staff to present its 22· ·wastewater and stormwater rate change proposals 23· ·to the general public and to permit said public 24· ·the opportunity to ask questions and/or to make 25· ·comments. Page 9 ·1· · · · Anybody who is unable or not wishing to ·2· ·provide comments at a public hearing are still ·3· ·able to provide feedback to the Rate Commission ·4· ·via phone or e-mail.· The phone number is ·5· ·(314)335-2028.· Again, the phone number is ·6· ·(314)335-2028.· The e-mail address is ·7· ·ratecommission@ahcconsulting.com.· Again, ·8· ·ratecommission@ahcconsulting.com.· A card with ·9· ·the contact information is available at the 10· ·sign-in area. 11· · · · Alternately, staff representing the Rate 12· ·Commission, who I will ask to identify 13· ·themselves very shortly, will also be able to 14· ·provide that information.· Further information 15· ·on how to provide feedback outside of the 16· ·public hearings is listed on the Rate 17· ·Commission section of MDS's website, again, at 18· ·www.msdprojectclear.org. 19· · · · Our next step tonight is a presentation by 20· ·MSD's staff followed by a public comment 21· ·period, and tonight's presenter is Brian 22· ·Hoelscher, MSD's CEO and executive director. 23· ·Now, before we begin, I ask that we observe the 24· ·following housekeeping rules.· Please hold all 25· ·questions until the comment period which will Page 10 ·1· ·happen after the presentation. ·2· · · · If you wish to present testimony or expect ·3· ·you may have questions or comments, please sign ·4· ·in at the door out there by which you entered ·5· ·the door.· Speakers will be called upon in the ·6· ·order they have signed up.· Any speaker should ·7· ·identify themselves and any organizations they ·8· ·represent.· If you represent North American ·9· ·Building Trades Unions, I'm going to be very 10· ·surprised. 11· · · · While not a requirement, we ask those that 12· ·are speaking to state their name and address so 13· ·that we may ensure we are associating comments 14· ·in the record with the correct speakers.· If 15· ·you are representing an organization, please 16· ·provide information for your organization.· If 17· ·any speakers wish to remain anonymous in whole 18· ·or part, we completely respect those wishes. 19· ·Not a problem at all. 20· · · · Each speaker may have a maximum of ten 21· ·minutes to speak regarding the proposed rate 22· ·change.· As the presiding officer of this 23· ·hearing or meeting, I retain the right to limit 24· ·or expand speaking time as I deem necessary. 25· ·If you have further questions regarding Page 11 ·1· ·bathrooms or any other logistics, there's staff ·2· ·of the Rate Commission here available, if you ·3· ·please raise your hands, just let them know, ·4· ·they can help you. ·5· · · · If you have not already done so, please ·6· ·silence your cell phones.· Are there any ·7· ·questions?· All right, Mr. Hoelscher, please ·8· ·begin MSD's presentation. ·9· · · · MR. BRIAN HOELSCHER:· Thank you 10· ·Commissioner Faul.· My name is Brian Hoelscher. 11· ·I'm the executive director and CEO of MSD.· I'm 12· ·going to go over the rate proposal.· Before I 13· ·start, if at some point in the rate proposal, 14· ·you find you have questions about billing or 15· ·specific system issues involving your property, 16· ·we've got staff here, raise your hand, they'll 17· ·be here until everybody leaves.· So if you have 18· ·questions, we'll hang around and answer those. 19· ·Those aren't going to be answered or addressed 20· ·in the -- 21· · · · MR. LANCE LECOMB:· This is your MSD dream 22· ·tonight.· Any question you have, we're here. 23· · · · COMMISSIONER FAUL:· Captive audience. 24· · · · MR. BRIAN HOELSCHER:· There you go.· So, 25· ·it's going to be in three pieces.· One, a tale Page 12 ·1· ·of two systems.· A quick description of what ·2· ·MSD systems look like, briefly I'll go over the ·3· ·Rate Commission, primarily our schedules since ·4· ·Mr. Faul has gone over a lot about the Rate ·5· ·Commission, and then go into the details of the ·6· ·rate proposal. ·7· · · · So, MSD Project Clear protects the ·8· ·public's health and safety environment by ·9· ·responsibly managing two programs with separate 10· ·sources of funding: wastewater and stormwater. 11· ·In this rate proposal, there are two specific 12· ·proposals.· One for wastewater, one for 13· ·stormwater.· I'll go over both of these.· Their 14· ·funding is different and therefore they're 15· ·separated, so I'll make sure I separate them so 16· ·you know exactly what the two issues are. 17· · · · Current services on the wastewater 18· ·program, we clean and repair the existing 19· ·wastewater system.· We start early in the 20· ·program.· We comply with environmental 21· ·regulations.· In fact, that is the main driver 22· ·of the wastewater program right now. 23· · · · Most of all the work, almost all of our 24· ·work, 98 percent over the next four years, 25· ·comes either from a lawsuit that was filed Page 13 ·1· ·against us by the Department of Justice, EPA, ·2· ·and the Coalition for the Environment.· That ·3· ·consent decree would last from 2011 to 2039. ·4· ·The other part is regulatory schedules just as ·5· ·part of the EPA doing its normal regulatory ·6· ·work. ·7· · · · Another part of it is major new ·8· ·improvements, and that is the piece where I was ·9· ·talking about, 98 percent of the work is driven 10· ·by one of those two regulations or consent 11· ·decrees.· MSD is not doing voluntary work.· It 12· ·costs enough, and we just need to cost 13· ·effectively get through those. 14· · · · Stormwater, there's three pieces.· Clean 15· ·and repair the existing storm sewers.· We've 16· ·been able to do that since 2016, when the 17· ·public voted yes on a provision.· Prior to 18· ·that, old storm sewers: inlets, manholes, and 19· ·storm sewers outside of 270, we owned but had 20· ·no money to operate and maintain.· The public 21· ·gave us funding to be able to do that in 2016. 22· · · · Compliance with environmental regulations, 23· ·that is primarily control pollutants and 24· ·rainwater runoff, we've always been funded for 25· ·that. Page 14 ·1· · · · The last item is new improvements to ·2· ·address flooding and erosion.· MSD has never ·3· ·had a district-wide fund to do that.· It's the ·4· ·last service we can provide.· We are coming ·5· ·back again -- we last tried in 2019.· We are ·6· ·going to try see if the public would like MSD ·7· ·to participate in flooding and erosion issues. ·8· · · · COMMISSIONER FAUL:· Preventing flooding ·9· ·and erosion. 10· · · · MR. BRIAN HOELSCHER:· Preventing flooding 11· ·and erosion, that's correct.· Project Clear, 12· ·the wastewater side, we're -- it's a 13· ·$7.2 billion program.· We price our program 14· ·based on current dollars.· When we signed the 15· ·agreement in 2011, it was 4.7 billion in 2010 16· ·dollars.· In 2021, we repriced.· It was $6.1 17· ·billion just because of the cost of money.· And 18· ·then, because of the environment or economic 19· ·situation we've seen over the last two years, 20· ·we repriced it before this proposal.· The 21· ·current value is 7.2 billion.· That doesn't 22· ·mean we are over budget.· It doesn't mean we're 23· ·adding work.· It's just the current value of 24· ·money. 25· · · · Some of the big things is reduce Page 15 ·1· ·wastewater backups in the homes that overflow ·2· ·the environment.· Those are ones that are not ·3· ·caused by overland flooding. ·4· · · · Improve the water quality and keep our ·5· ·region in compliance with the Clean Water Act. ·6· ·Some of the methods we've used, we've taken ·7· ·that stormwater getting into the collection ·8· ·systems, the wastewater systems, that was ·9· ·causing basements backups, we're addressing 10· ·that. 11· · · · If necessary, we increase the capacity of 12· ·existing systems, and, more importantly, we 13· ·eliminate or manage the overflows that come 14· ·through the system into the environment.· Some 15· ·were of illegal when they were put in, we're 16· ·eliminating those.· Others are legal and 17· ·permitted, but we have to control their impact 18· ·on water quality. 19· · · · What we've done so far for the wastewater 20· ·overflow is we removed 84 percent of those 21· ·overflow points.· Building backups are down 22· ·25 percent.· If it wasn't for climate change, 23· ·they would be down more.· If you think about 24· ·it, whenever we get big storms like we got last 25· ·summer, not only do streets flood and yards Page 16 ·1· ·flood, but the sewer systems flood, and water ·2· ·gets into the homes.· When it gets into homes, ·3· ·it gets into the sewer system.· And what ·4· ·happens is, it floods the sewer system, and ·5· ·people who are not even flooded start seeing ·6· ·water in their basements. ·7· · · · In spite of that, we're still down ·8· ·25 percent.· Today, we've gotten 650 projects ·9· ·either completed or underway.· That's the 10· ·wastewater side. 11· · · · Now, on the stormwater side, there we go. 12· ·The stormwater side, the number of reported 13· ·incidents have gone up.· So we gained -- this 14· ·is a list of issues we knew about.· In 2011 to 15· ·'14, we had about 1,100.· And it's gone up as 16· ·climate change has increased the number of 17· ·stormwater issues we had. 18· · · · Right now, there's 3,700 issues that we're 19· ·aware of.· The current value is something over 20· ·$700 million, if we were to fix all these 21· ·issues. 22· · · · Next page, so what these look, stormwater 23· ·problems is, like I said, it's flooding and 24· ·creek erosion.· This is an example of flooding. 25· ·It's a small example, but just the way the Page 17 ·1· ·neighborhoods develop, the way they are.· It's ·2· ·been graded -- people have built and developed ·3· ·a water system that doesn't go anywhere. ·4· ·That's an example of a small flooding issue. ·5· · · · Creek erosion looks like this.· This is ·6· ·also driven by climate change.· As we get ·7· ·heavier storms in shorter periods of time, that ·8· ·amount of water going through creeks and ·9· ·streams stresses the slopes, and causes the 10· ·slopes to eat away and can damage yards, 11· ·garages, and homes of people who live next to 12· ·those facilities. 13· · · · Where are all the stormwater problems at? 14· ·Take at a look at the map.· This is MSD's 15· ·boundaries.· To the north is the Missouri 16· ·River, to the right or east is the Mississippi 17· ·River.· The Meramac River runs along the 18· ·bottom.· Where it ends is about Highway 109 and 19· ·Wildwood.· Those are the District's boundaries. 20· ·We've highlighted four of the major water 21· ·sheds. 22· · · · One thing I'd point out, the pink or 23· ·purple one, it's called River Des Peres Water 24· ·Shed, has about 246 complaints, projects, and 25· ·where as the owners have something less, the Page 18 ·1· ·reason for that -- in that River Des Peres ·2· ·area, a long time ago, there was small taxing ·3· ·districts set up, we were able to do a small ·4· ·amount of stormwater work. ·5· · · · What we found is, if we do a small amount ·6· ·of work, people will report problems to us.· If ·7· ·they report problems to us and we keep telling ·8· ·them we have no money, they stop reporting ·9· ·problems.· So, I think the takeaway from this 10· ·is this, is they are everywhere throughout the 11· ·entire District. 12· · · · Quick description of the Rate Commission. 13· ·I am not going to go completely through this 14· ·slide.· Commissioner Faul kind of went through 15· ·it, but I am going to go over the next slide, 16· ·the schedule. 17· · · · So MSD staff started putting together a 18· ·rate proposal in 2022, both for wastewater and 19· ·stormwater.· We submitted that rate proposal to 20· ·the Rate Commission in March 2023.· They have 21· ·until September, early September, to complete 22· ·their review and set their findings to our 23· ·Board of Trustees.· Once they do that, our 24· ·Board of Trustees will spend the last three 25· ·months, of 2023, looking at staff's proposal, Page 19 ·1· ·looking at the recommendations for the Rate ·2· ·Commission, and then they will decide how to ·3· ·proceed. ·4· · · · 2024, right now, the earliest possible ·5· ·date that we would vote on both of these is ·6· ·April 2nd, 2024.· During that time period, the ·7· ·Rate Commission will be done.· Staff will go ·8· ·out, and they will be educating the public.· If ·9· ·you vote no on one provision, this is what 10· ·happens.· If you vote yes, this is the other 11· ·thing that occurs.· You will not find MSD staff 12· ·advocating for one or the other.· It's our job 13· ·to educate.· It's up to the individual 14· ·customers to decide how they want to vote on 15· ·these provisions. 16· · · · They look -- they look like two different 17· ·things.· So implementation will occur in fiscal 18· ·year '24-'25.· On the wastewater side, the 19· ·provision will be, and I'll go over this later, 20· ·folks will be asked do you want to allow us to 21· ·borrow more money to complete work for the next 22· ·four years, which will be like borrowing money 23· ·for any amount to buy something.· It keeps our 24· ·costs lower down and more later on. 25· · · · Or do you want to just use your cash and Page 20 ·1· ·immediately spend that.· That results in higher ·2· ·rates now, but the program gets out -- extends ·3· ·towards 2039, it will then become cheaper. ·4· ·That's the offer that's going to be made to the ·5· ·residents. ·6· · · · The other one is stormwater.· Again, we're ·7· ·asking whether or not the public wants to fund ·8· ·a stormwater program so MSD can be involved in ·9· ·stormwater flooding and erosion -- preventing 10· ·stormwater flooding and erosion.· If it passes, 11· ·the plan is to collect monies during calendar 12· ·year 2025, and then start a new program.· If it 13· ·does not pass, MSD will maintain the current 14· ·system, and we will not have a district-wide 15· ·program for flooding and erosion.· It's a 16· ·simple yes no provision.· That's what we're 17· ·asking the voters for their opinion on. 18· · · · So what the rate proposals looks like, 19· ·we're going to go over wastewater and 20· ·stormwater.· For the stormwater-rate proposal 21· ·first, if you have the one-page sheet, there's 22· ·one side that says "Stormwater rate proposal." 23· ·You'll see the same information that's up on 24· ·the slide.· It's designed to address the 25· ·flooding and erosion throughout the area. Page 21 ·1· · · · How do we develop this?· We determine, ·2· ·first of all, how to distribute the costs ·3· ·between residential and non-residential ·4· ·customers.· We use the impervious area. ·5· ·Residential customers who represent 57 percent ·6· ·of the impervious area throughout the District. ·7· ·Therefore 57 percent of the revenues will be ·8· ·collected from residential customers through ·9· ·property taxes. 10· · · · 43 percent will be charged to the 11· ·non-residential customers.· We will collect 12· ·revenues from them based on the impervious area 13· ·on the property.· Impervious area is rooftops, 14· ·driveways, sidewalks, places where water hits 15· ·but doesn't soak in, it runs off.· And that's 16· ·where we'll distribute the cost. 17· · · · Go to the next one.· So it consists of two 18· ·parts.· Obviously, there's residential and 19· ·non-residential.· For the residential, we found 20· ·that the residential customers, over half of 21· ·them if they want a program, don't want to 22· ·spend more than $2 per month.· So what we did 23· ·is we took a look at the immediate value, the 24· ·raised value, of proprieties throughout the 25· ·District.· That median value is $176,600.· In Page 22 ·1· ·order for us to make it a $2 per month charge, ·2· ·that means we're going to request a new ·3· ·property tax of $7.45 per $100 evaluation. ·4· · · · If you own a median-valued house at ·5· ·176,000, that will result in your property tax ·6· ·bill of $25 per year.· If you double that ·7· ·amount to the $350,000, it would be $50 per ·8· ·year.· 176 is the median value. ·9· · · · For the non-residential customers who have 10· ·already paid for their 43 percent of their 11· ·revenues, we'll charge them $1.05 per 1,000 12· ·square feet of impervious area per month.· We 13· ·determined that impervious area by overflights 14· ·in the area where we can identify where the 15· ·impervious areas are. 16· · · · How are we going to spend the money?· This 17· ·is where we're doing something a little bit 18· ·different.· In 2017, we were going to continue 19· ·spending the money the way we were, and the 20· ·public voted no, 53/47, to that proposal. 21· ·This -- our proposal generated $34 million per 22· ·year.· And again, we've identified about 23· ·$700 million of issues. 24· · · · Where we are going to spend the money? 25· ·50 percent will be based on benefit-cost Page 23 ·1· ·analysis that MSD does right now in ·2· ·small-taxing Districts for all projects.· We ·3· ·take the benefit points, are we protecting a ·4· ·yard, are we protecting a garage, home, ·5· ·multiple homes and yards, we total up the ·6· ·benefits, we divide by the cost, we want to ·7· ·know the benefit-cost ratio, we'll simply start ·8· ·our way down the list district-wide on the ·9· ·projects that score the best. 10· · · · 30 percent of it will go to municipal 11· ·grants.· So, 30 percent of those revenues, just 12· ·over -- just about $10 million, will be 13· ·distributed among the individual 14· ·municipalities, no local match required, their 15· ·grants for them to address what they think is 16· ·the most important stormwater project without 17· ·worrying about MSD's priorities.· Our only 18· ·requirement is that it's spent on something 19· ·that is stormwater.· We've been doing this on 20· ·some of the small-taxings districts.· It's 21· ·really met with a lot of praise from the 22· ·individual municipalities.· We're going to 23· ·include it in this program. 24· · · · 10 percent is going towards back to the 25· ·benefit-cost analysis.· We've -- the State has Page 24 ·1· ·a mapping system that helps us identify ·2· ·environmental justice areas or low-income ·3· ·areas.· We're going to take ten percent of the ·4· ·funds and designate them to do a benefit-cost ·5· ·analysis for only projects in those ·6· ·environmental justice areas.· It does two ·7· ·things.· It helps up direct a few projects in ·8· ·that direction.· The other part is the State ·9· ·often has dollars available for grants aimed at 10· ·environmental justice areas.· With us having a 11· ·dedicated revenue source for those areas, it 12· ·will increase our chances at being able to 13· ·bring outside dollars. 14· · · · And then finally, 10 percent of the 15· ·projects -- or the 10 percent of cost is going 16· ·to be decided by the area in general.· So we 17· ·wanted to get representatives throughout our 18· ·sewer district, which, again, is the City and 19· ·almost the entire county and city, what are 20· ·missing?· Is there a big issue that really 21· ·needs to be addressed?· So, we decided 22· ·10 percent of about $3.5 million to that 23· ·discussion. 24· · · · Right now, we have had discussions with 25· ·The Municipal League.· They seem like a natural Page 25 ·1· ·partner to develop something since they ·2· ·represent everyone in the municipalities, the ·3· ·City of St. Louis in there, to determine is ·4· ·there something we're missing.· Just because it ·5· ·happened recently, is it, hey, from the storms ·6· ·last summer it's obvious, we need to buy some ·7· ·homes out.· Maybe they decided that's a good ·8· ·thing to spend the money on.· Maybe they want ·9· ·us to increase the amount of contributions we 10· ·made to the grants to each one of the 11· ·municipalities.· They may decide that's 12· ·worthwhile. 13· · · · We'll have that discussion and have a 14· ·policy discussion to decide where should that 15· ·money go that will be most effective and most 16· ·timely in the opinion of our customers. 17· · · · On the wastewater side, we're in the 18· ·midst, again, of a $7.2 billion project.· 28 19· ·years old, it started in 2011 and will be done 20· ·in 2039.· We do this in four-year buckets. 21· ·Somewhere in the middle of this next one, 2025 22· ·or so, we'll be halfway through the cost of the 23· ·program. 24· · · · Part of these improvements, what's going 25· ·to be asked of the customers is, do you want to Page 26 ·1· ·give MSD the authority to have an additional ·2· ·$700 million worth of bonds, $750 in bonds, to ·3· ·complete the $1.5 billion worth of work that ·4· ·needs to be started over the next four years. ·5· ·Again, as you would expect, if you bond the ·6· ·project, you're borrowing money.· Less cost ·7· ·now, more costs later.· If you decide not to ·8· ·bond, you pay for cash and this is the chart ·9· ·that demonstrates that. 10· · · · So, on the left-hand side, is what the 11· ·average monthly cost for a sanitary wastewater 12· ·customer will be, what the increases would be, 13· ·assuming the voters approve bond financing for 14· ·an additional 750 million.· If they do, in 15· ·2025, the monthly cost will go up about 16· ·7 percent; 2026, 7.6; 2027, 7.5 percent; and 17· ·2028, 6.6 percent. 18· · · · Now, there's numbers on the right-hand 19· ·side.· That's for the average customer.· Very 20· ·few customers are the average customer.· If you 21· ·want to see what the impact would be to your 22· ·bill, you could take the bill you get next 23· ·month in August and apply these percentage 24· ·increases, you'll see what happens to your bill 25· ·if the bond issue is approved. Page 27 ·1· · · · If you take a look on the right side, that ·2· ·is what happens to the bills that the voter ·3· ·decides, no, we don't want you to borrow any ·4· ·money.· We want you to just use the cash you ·5· ·collect from us to get the work done as needed. ·6· ·So, if that's the case, within the first year, ·7· ·the monthly -- average monthly cost will go up ·8· ·35 percent.· The second year, a little over 35. ·9· ·The third year will go down 20 percent.· This 10· ·is just the verities of the projects we're 11· ·doing and the cash-flow needs.· And the final 12· ·year goes up 5 percent. 13· · · · It will be up to the -- up to the public 14· ·to decide how they want to fund the next four 15· ·years of the program.· There's a couple -- two 16· ·things that I want to note that are not shown 17· ·on this chart. 18· · · · If you -- the chart right now is assuming 19· ·folks who have metered water usage, and we bill 20· ·based on your usage during the winter months. 21· ·If you're a city resident who has unmetered 22· ·billing through your water company, some have 23· ·meters, most do not.· If you have unmetered, we 24· ·bill for an attribute to your home, just like 25· ·the water company charges you.· We're going to Page 28 ·1· ·apply a flow to those.· If you are in that ·2· ·situation, take a look at the chart on the ·3· ·left-side, on the green one.· On the first ·4· ·year, instead of your monthly cost going up ·5· ·7 percent, it will actually go down ·6· ·0.8 percent. ·7· · · · Every four years, we do a study and ·8· ·recheck water usage for attributes.· Usually, ·9· ·we find they have gone down, so we'll make the 10· ·adjustment on the front end.· So, if you take a 11· ·look at your bill on August 2024, if this 12· ·passes, then your bill will be down about one 13· ·percent starting in August of 2025. 14· · · · The second part is our customer assistance 15· ·program.· It's crucial to this whole rate 16· ·structure.· If you're an individual who is 17· ·making less than two times the poverty level, 18· ·then our customer assistance program, that you 19· ·apply for, will charge you one-half the rate. 20· ·If it calculates you should spend $60, you will 21· ·be billed for $30.· If you're of my age, 60 or 22· ·62, right?· 62?· I'm obviously over 62.· So 62 23· ·or older, and you're less than two and a half 24· ·times the poverty rate, if you -- the poverty 25· ·level, if you apply to MSD, you also will have Page 29 ·1· ·your monthly wastewater bill cut in half. ·2· ·Those are two really important parts of this ·3· ·program.· So with that, Commissioner Faul, I'm ·4· ·done with my presentation. ·5· · · · · ·QUESTIONS BY THE PUBLIC: ·6· · · · COMMISSIONER FAUL:· That's wonderful. ·7· ·Thank you, Mr. Hoelscher.· The Rate Commission ·8· ·staff will you please announce those who have ·9· ·requested to speak, if any? 10· · · · MR. LANCE LECOMB:· Mr. Commissioner, we 11· ·only have one attendee this evening.· So, I 12· ·think we can handle it on an ad hoc basis. 13· · · · COMMISSIONER FAUL:· I'll take that 14· ·recommendation.· That's fine. 15· · · · SUSAN LUEPKER:· Yes. 16· · · · COMMISSIONER FAUL:· Yes? 17· · · · SUSAN LUEPKER:· I'm here.· I live on South 18· ·Broadway, and I get my MSD bill.· I'm one 19· ·person, a senior, and the charges are $99.19 a 20· ·month.· And they're charging me for the base 21· ·charge, 28.26, which you show on here, Base 22· ·Charges, sounds good.· I'd like to pay that 23· ·bill. 24· · · · MR. BRIAN HOELSCHER:· Well, that base 25· ·charge -- Page 30 ·1· · · · SUSAN LUEPKER:· Nevermind.· I'm just ·2· ·making a point -- ·3· · · · MR. BRIAN HOELSCHER:· Oh, okay.· I'm ·4· ·sorry. ·5· · · · SUSAN LUEPKER:· I'm just saying. ·6· · · · MR. BRIAN HOELSCHER:· Okay, I'm sorry, I'm ·7· ·sorry. ·8· · · · SUSAN LUEPKER:· But then after you have ·9· ·your base charge, they have bathrooms, and they 10· ·said one bath $9.84.· Rooms, five, $15.85. 11· ·Showers, one, $9.84.· Water closets, three, 12· ·which we don't -- we've only got two.· And, you 13· ·know, I really can't use two bathrooms.· I've 14· ·been -- take a shower and take a bath at the 15· ·same time. 16· · · · So, who figured that -- who went with 17· ·this, you know?· That is so -- you can take -- 18· ·okay, this is a home -- with rooms.· Now, we're 19· ·going with one person living in a lot of the 20· ·houses we have here are apartments.· And you 21· ·can have five people in the apartment, one 22· ·bathroom, one shower or one tub.· And you know 23· ·then their base charge is probably a third of 24· ·this.· So, I think it's very unfair, and I want 25· ·to do it and how we can correct it. Page 31 ·1· · · · MR. BRIAN HOELSCHER:· Sure.· So, just so ·2· ·you know, the base charge every customer pays ·3· ·is $28.· Everybody sees that when you live ·4· ·within the County or the City -- ·5· · · · SUSAN LUEPKER:· Good. ·6· · · · MR. BRIAN HOELSCHER:· -- sees that $28 ·7· ·charge. ·8· · · · SUSAN LUEPKER:· That's fair. ·9· · · · MR. BRIAN HOELSCHER:· The charge you see 10· ·per attribute, by a ruling from the Missouri 11· ·Supreme Court, we're required to bill you in 12· ·the same fashion that the water provider bills 13· ·you.· So your water bill is based on those same 14· ·parameters -- 15· · · · SUSAN LUEPKER:· So, this is the Supreme 16· ·Court that said that? 17· · · · MR. BRIAN HOELSCHER:· The Supreme Court of 18· ·-- 19· · · · COMMISSIONER FAUL:· Missouri Supreme 20· ·Court. 21· · · · SUSAN LUEPKER:· Okay. 22· · · · MR. BRIAN HOELSCHER:· So, in areas where 23· ·people are metered, and that includes some 24· ·residential customers in the city who have 25· ·metered, we'll use actual water usage over the Page 32 ·1· ·summer -- over winter, I'm sorry.· If they ·2· ·don't use the data, the data on the number of ·3· ·attributes you have comes directly from City ·4· ·Water. ·5· · · · SUSAN LUEPKER:· But City Water does the ·6· ·same thing.· I don't think it's metered. ·7· · · · MR. BRIAN HOELSCHER:· Correct. ·8· · · · SUSAN LUEPKER:· Why is it metered?· It's ·9· ·doing the same as this. 10· · · · MR. BRIAN HOELSCHER:· Correct. 11· · · · SUSAN LUEPKER:· I don't have a -- yeah -- 12· · · · COMMISSIONER FAUL:· Correct -- 13· · · · SUSAN LUEPKER:· Me and other folks, you 14· ·know -- 15· · · · MR. BRIAN HOELSCHER:· Right. 16· · · · SUSAN LUEPKER:· -- in my situation. 17· · · · MR. BRIAN HOELSCHER:· The -- the one 18· ·thing -- and it's different for everybody, and 19· ·I know it's costly.· One of the items, 20· ·Commissioner Faul used to be on our board so 21· ·he's had some experience with this, some 22· ·people, if affordable, will get a water meter 23· ·installed.· They go off actual water usage. 24· ·There's that option.· There's potentially a lot 25· ·of cost associated with that with plumbing and Page 33 ·1· ·other things, but the residents do have that ·2· ·option.· If they go to a water meter, the City ·3· ·will bill you based on actual water usage, and ·4· ·they will convey that information to MSD who ·5· ·will use that number in order to bill for ·6· ·wastewater. ·7· · · · COMMISSIONER FAUL:· So if I may?· Correct ·8· ·me if I'm wrong because it's been a while.· As ·9· ·I understand it that the way MSD bills its work 10· ·is -- in the City is, they look at -- the Water 11· ·Department has the bills, okay?· They bill 12· ·everybody accordingly.· People in the City 13· ·either have the water meters, or if they don't 14· ·have a water meter, the Water Department says, 15· ·well, you have this many facilities, this many 16· ·rooms, and so they make an assumption.· And 17· ·that's what it is.· For some people, like I 18· ·said, they probably have a small place with a 19· ·lot of people in it and that assumption might 20· ·be low.· And other people, it might be a large 21· ·place with one person in it and that assumption 22· ·may be high. 23· · · · But since it's unmetered, there has to be 24· ·an assumption, and it's based that way.· If 25· ·somebody is metered, then the MSD rate looks at Page 34 ·1· ·what the metered water was and bases their -- ·2· ·off that actual usage.· If it is unmetered, ·3· ·then MSD has no choice but to look, okay, what ·4· ·does the Water Department do?· They make these ·5· ·assumptions, and they base their billing on all ·6· ·of those same assumptions. ·7· · · · Now, some people -- if the City has an ·8· ·ordinance on the books but no money to fund it ·9· ·to make -- the City wants people to be metered. 10· ·There's just not a lot money for anyone really 11· ·to make that happen.· So individual homeowners 12· ·do have the option of metering themselves and 13· ·having the meter put in, and the Water 14· ·Department will say, okay, now we see you are 15· ·metered, and we'll base our water bill upon 16· ·that going forward.· In which case, MSD would 17· ·put their bills based on that same water meter 18· ·going forward. 19· · · · The issue is that having the meter 20· ·installed, probably effectively so that it 21· ·works, can be costly.· It goes 6,000 to 10,000 22· ·to maybe $15,000 depending on what it is to 23· ·have it put in.· Some people might choose to do 24· ·that because if you live in a big house, and 25· ·you're a single person, over the long run, Page 35 ·1· ·perhaps your water and your MSD bills will ·2· ·reflect to recuperate that.· Other people, it ·3· ·may not be feasible even if they wanted it to. ·4· · · · But, unfortunately, because of the way -- ·5· ·because of the age of the City and because of ·6· ·the way the billing cycle works, where the MSD ·7· ·for the stormwater and wastewater has to bill ·8· ·in the same manner as the water does by the ·9· ·Supreme Court decision, we just have to follow 10· ·their coattails.· And sometimes it does result 11· ·in silly -- in expensive situations for folks. 12· · · · SUSAN LUEPKER:· Exactly.· It does.· It's 13· ·very unfair, I think.· Very, very unfair. 14· · · · COMMISSIONER FAUL:· Unfortunately, it's 15· ·something right now that is not in MSD's 16· ·control.· But they're certainly aware of it 17· ·with -- 18· · · · SUSAN LUEPKER:· There's nothing they can 19· ·do? 20· · · · COMMISSIONER FAUL:· Well, and I think to 21· ·justifiably show -- MSD, from what remember, I 22· ·don't want to speak for you, but is not 23· ·unsympathetic to the predicament that people 24· ·are in.· And one of the things that you saw for 25· ·this Rate Commission, is to try to -- not Page 36 ·1· ·equally, but equitably push the costs out ·2· ·amongst folks along the region.· So, it's ·3· ·something that they're certainly aware of. ·4· · · · Unfortunately, it's a problem that both ·5· ·for legal and for practical implementation ·6· ·reasons, a lot of things outside of MSD's ·7· ·control have to happen first.· While we are -- ·8· ·I shouldn't say "we".· I'm not a trustee of MSD ·9· ·anymore.· But from my recollection, and they'll 10· ·correct me if I'm speaking out of turn, MSD is 11· ·sympathetic and understands the situation and 12· ·tries to ameliorate it where and how possible, 13· ·such as with these customer-assistance 14· ·programs, those kind of things they do have 15· ·control over. 16· · · · The actual underlying issue of getting 17· ·accurate information, comes from what the 18· ·water-billing cycle has to do, which is a 19· ·completely separate thing that MSD doesn't have 20· ·any influence over. 21· · · · I think one thing I would recommend is -- 22· ·I live in the City as well, but, you know, we 23· ·read that our water bills are going to go up, 24· ·and because they probably should have gone up a 25· ·long time ago, and now we're paying for it, Page 37 ·1· ·letting your alderman know and the folks at ·2· ·City Hall, that, hey, maybe it's time to start ·3· ·getting some of this unmetered and have more ·4· ·accurate billing information.· That might be ·5· ·the time to do it.· That's just not even a ·6· ·commissioner recommendation.· That is one man's ·7· ·opinion and nothing more. ·8· · · · SUSAN LUEPKER:· Exactly.· You wouldn't get ·9· ·very far with City Hall. 10· · · · MR. BRIAN HOELSCHER:· We did -- there was 11· ·one lady who submitted a letter to us, asking 12· ·us to forward it to the Board of Aldermen early 13· ·in the process.· And we have done that. 14· · · · SUSAN LUEPKER:· Good. 15· · · · MR. BRIAN HOELSCHER:· We forwarded it to 16· ·them so they know that there is that concern. 17· ·It doesn't affect just your water billing. 18· ·Because you're facing the same thing with your 19· ·water billing.· You, as one person, are paying 20· ·less than a bunch of people in small homes.· So 21· ·we pass that on to them to let them know that 22· ·concern is out there to them. 23· · · · MR. BRET BERTHOLD:· Can I make just one 24· ·comment?· If you disagree with the attributes 25· ·that are the bill, my recommendation is to go Page 38 ·1· ·to City Water and correct with them, because ·2· ·then that information will translate to us, and ·3· ·we'll adjust our bill as well. ·4· · · · SUSAN LUEPKER:· Right.· Well, I did go, ·5· ·you know, to them or just by phone with the ID. ·6· ·The thing is you have three bathrooms now, and ·7· ·it's not right, you know.· And they go, oh, ·8· ·okay, we'll make note of that.· And, so, it's ·9· ·like one -- 10· · · · MR. BRIAN HOELSCHER:· Ma'am, here's what I 11· ·will offer.· If you made that call, it would 12· ·help if we knew who you talked to, if you 13· ·haven't made some notes. 14· · · · SUSAN LUEPKER:· Yeah. 15· · · · MR. BRIAN HOELSCHER:· If not, if you made 16· ·a call to City Water, let -- if you call MSD, 17· ·our billing number, let them know you've done 18· ·that.· Our staff will go to the City and say we 19· ·heard this has happened, are we missing some 20· ·information -- 21· · · · SUSAN LUEPKER:· Okay. 22· · · · MR. BRIAN HOELSCHER:· We kind of push them 23· ·from the other side as well. 24· · · · COMMISSIONER FAUL:· And while certainly 25· ·that doesn't ameliorate your issue, and, you Page 39 ·1· ·know, we -- doesn't ameliorate or address the ·2· ·broader issue, you know, if you're paying for ·3· ·an extra attribute you shouldn't have, and you ·4· ·look at, at least it's a small step in the ·5· ·right direction. ·6· · · · SUSAN LUEPKER:· There we go, okay. ·7· · · · MR. BRIAN HOELSCHER:· I think the floor is ·8· ·yours. ·9· · · · COMMISSIONER FAUL:· And another thing -- 10· ·well, thank you, if there is anyone else that 11· ·wishes to speak?· Seeing none, I -- our members 12· ·of the public who did come out today, ma'am, 13· ·thank you for coming.· We appreciate your time 14· ·and your input.· You didn't hear it from me, 15· ·but there's extra drinks if you want to throw 16· ·in your purse on the way out.· The next public 17· ·hearing is -- 18· · · · MR. LANCE LECOMB:· This is on Facebook 19· ·Live. 20· · · · MR. BRIAN HOELSCHER:· The next public 21· ·hearing is scheduled for Wednesday, July 26, 22· ·2023, at 6:00 p.m.· The hearing will be at St. 23· ·Simon the Apostle Catholic Church in the lower 24· ·church hall.· The address for St. Simon is 25· ·11011, Mueller Road, St. Louis, Missouri 63123. Page 40 ·1· ·Thank you for your attention and your feedback. ·2· ·This public hearing is adjourned. ·3· · (Ending time of the hearing: 06:40 p.m.) ·4 ·5 ·6 ·7 ·8 ·9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 41 ·1· · · · I, Colin Wallis, in and for the State of ·2· ·Missouri do hereby certify that the witness ·3· ·whose testimony appears in the foregoing ·4· ·Examination Under Oath was duly sworn by me; ·5· ·that the testimony of the said witness was ·6· ·taken by me to the best of my ability and ·7· ·thereafter reduced to typewriting under my ·8· ·direction; that I am neither counsel for, ·9· ·related to, nor employed by any of the parties 10· ·to the action in which this examination was 11· ·taken, and further that I am not relative or 12· ·employee of any attorney or counsel employed by 13· ·the parties thereto, nor financially or 14· ·otherwise interested in the outcome of the 15· ·action. 16· · · · ______________________ 17· · · within and for the State of Missouri 18 19 20 21 22 23 24 25 LEXITAS' LEXITAS' LEXITAS' LEXITAS' LEXITAS' LEXITAS' LEXITAS' LEXITAS' LEXITAS' LEXITAS'