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HomeMy Public PortalAboutExhibit MSD 112- Transcript of Public Hearing- July 27, 2023Page 1 ·1 ·2 ·3 ·4 ·5 ·6· ·Metropolitan Saint Louis Sewer District Public · · · · · · · · · · · · ·Hearing ·7 ·8· · ·2023 Stormwater and Wastewater Rate Change ·9· · · · · · ·John C Murphy Health Center · · · · · · · · · 6121 North Hanley Road 10· · · · · · · · · Berkeley, MO 63134 11 12 13 14· · · · · · · · · · July 27, 2023 15 16 17 18 19 20 21 22 23 24 25 Exhibit MSD 112 Page 2 ·1· · · · · · · · · · · · · INDEX ·2· · · · · · · · · · · · · · · · · · · · · · · · · ·PAGE ·3 ·4· ·Opening· · · · · · · · · · · · · · · · · · · · · · 5 ·5· ·Presentation:· · · · · · · · · · · · · · · · · · ·10 · · · ·By Brian Hoelscher ·6 ·7· ·Questions by the Public:· · · · · · · · · · · · · 33 ·8· ·Adjournment· · · · · · · · · · · · · · · · · · · ·40 ·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 27, 2023, between the hours of 13· · · 07:00 p.m. and 09:00 at 6121 North Hanley Road, 14· · · in the City of Berkeley, 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· ·Bill Clarke, Secretary · · ·Ryan Berry ·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 3:00 p.m.) ·3· · · · COMMISSIONER BERRY:· Good afternoon.· I'm ·4· ·Ryan Berry of the Metropolitan St. Louis Sewer ·5· ·District Rate Commission.· I'm joined this ·6· ·afternoon by Commissioner Bill Clark.· I will ·7· ·serve as presiding commissioner for this public ·8· ·hearing. ·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· ·7th, 2000, and established the Rate Commission. 13· ·The purpose of the Rate Commission is to review 14· ·and make recommendations to MSD's Board of 15· ·Trustees 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· · · · The Rate Commission member organizations Page 6 ·1· ·are selected by MSD's Board of Trustees through ·2· ·a public self-nomination and selection process ·3· ·set forth in the Charter.· Each member ·4· ·organization serves a six-year term and ·5· ·appoints an individual to represent the ·6· ·organization on the Rate Commission. ·7· · · · Per the voter-approved changes made to ·8· ·MSD's charter in 2000, the Board of Trustees ·9· ·shall select member organizations so as to 10· ·ensure a fair representation to all users of 11· ·the District's services. 12· · · · Rate commission member organizations shall 13· ·represent commercial-industrial users, 14· ·residential users, and other organizations 15· ·interested in the operation of the District, 16· ·including by way of example, but not by way of 17· ·limitation, organizations focusing on 18· ·environmental issues, labor issues, 19· ·socioeconomic issues, community neighborhood 20· ·organizations and other nonprofit 21· ·organizations. 22· · · · For a list of individual rate 23· ·commissioners and the organizations they 24· ·represent, please visit the Rate Commission 25· ·section of MSD's website at www.msdproject Page 7 ·1· ·clear.org. ·2· · · · The Rate Commission received a rate change ·3· ·notice from MSD staff on March 24th, 2023, for ·4· ·wastewater rates and stormwater rates and ·5· ·taxes.· Per the Charter Plan, the Rate ·6· ·Commission must issue its report on the ·7· ·proposed rate change notice to MSD's Board of ·8· ·Trustees on or before September 5th, 2023.· The ·9· ·Rate Commission adopted operational rules and a 10· ·procedural schedule to conduct its proceedings 11· ·in a timely manner and with procedural fairness 12· ·to all parties. 13· · · · Since the rate change notice was received 14· ·on March 24th, 2023, the Rate Commission has 15· ·received testimony from MSD staff and the rate 16· ·consultants employed by the Rate Commission to 17· ·evaluate the MSD staff's proposal.· The parties 18· ·have also engaged in discovery requests. 19· ·Documentation of these activities is listed on 20· ·the Rate Commission's section of MSD's website 21· ·at www.msdprojectclear.org. 22· · · · This afternoon's public hearing is one of 23· ·14 on-the-record sessions planned for between 24· ·June 21st, 2023, and August 7, 2023.· Any 25· ·ratepayer who wishes to be heard on the Page 8 ·1· ·proposed rate change may testify or participate ·2· ·in these public sessions.· The public hearings ·3· ·are publically noted via postings to the Rate ·4· ·Commission MSD's website at ·5· ·www.msdprojectclear.org.· These postings ·6· ·contain the time, date, and location of each of ·7· ·the public hearings.· As hearings are added to ·8· ·the schedule, the same information will be ·9· ·posted. 10· · · · Public hearings are held for the sole 11· ·purpose of permitting MSD staff to present its 12· ·wastewater and stormwater rate change proposal 13· ·to the general public and to permit said public 14· ·the opportunity to ask questions and/or to make 15· ·comments. 16· · · · Those unable or not wishing to provide 17· ·comments at a public hearing may provide 18· ·feedback to the Rate Commission via phone or 19· ·e-mail.· The phone number is (314)335-2028. 20· ·Again, the phone number is (314)335-2028.· The 21· ·e-mail address is 22· ·ratecommission@ahcconsulting.com.· Again, the 23· ·e-mail address is 24· ·ratecommission@ahcconsulting.com.· A card with 25· ·the contact information is available at the Page 9 ·1· ·sign-in area. ·2· · · · Alternately, staff representing the Rate ·3· ·Commission, who I will ask to identify ·4· ·themselves shortly, will also be able to ·5· ·provide that information.· Further information ·6· ·on how to provide feedback outside of the ·7· ·public hearings is listed on the Rate ·8· ·Commission section of MDS's website at ·9· ·www.msdprojectclear.org. 10· · · · Our next step is a presentation by MSD's 11· ·staff followed by a public comment period. 12· ·Tonight's presenter is Brian Hoelscher, MSD's 13· ·CEO and executive director.· Before we begin 14· ·the presentation, I ask that we observe the 15· ·following housekeeping rules.· Please hold all 16· ·questions until the comment period after the 17· ·presentation. 18· · · · If you wish to present testimony or expect 19· ·you may have questions or comments, please sign 20· ·in at the door by which you entered the room. 21· ·Speakers will be called upon in the order they 22· ·have signed up.· Each speaker should identify 23· ·themselves and any organizations they 24· ·represent. 25· · · · While not a requirement, we ask those that Page 10 ·1· ·are speaking to state their name and address so ·2· ·that we may ensure we are associating comments ·3· ·in the record with the correct speakers.· If ·4· ·you are representing an organization, please ·5· ·provide information about the organization.· If ·6· ·speakers wish to remain anonymous in whole or ·7· ·part, we respect those wishes. ·8· · · · Each speaker may have a maximum of ten ·9· ·minutes to speak regarding the proposed rate 10· ·change.· As the presiding officer, I can limit 11· ·or expand speaking time as deemed necessary. 12· ·If you have further questions regarding 13· ·bathrooms and/or logistics, staff representing 14· ·the Rate Commission, staff, please raise your 15· ·hands, are available. 16· · · · If you have not already done so, please 17· ·silence your cell phones.· Are there any 18· ·questions regarding the procedures for this 19· ·evening?· Seeing none, Mr. Hoelscher, please 20· ·begin MSD's presentation. 21· · · · MR. BRIAN HOELSCHER:· Thank you, 22· ·Commissioner Berry.· So I'm going speak about 23· ·the rate proposal.· There are other MSD staff 24· ·here, raise your hands.· If you have questions 25· ·about the way the system is working, billing, Page 11 ·1· ·something like that specific to your situation, ·2· ·they'll stay here.· We'll be here as long as ·3· ·needed to answer all questions.· If there's any ·4· ·kind of topic that's not covered as part of the ·5· ·rate proposal. ·6· · · · So, the agenda is going to be three ·7· ·things.· First of all, a tale of two systems. ·8· ·I'm going to talk about how about MSD systems ·9· ·are set up and just give you kind of a primer 10· ·on what MSD does and what services it provides. 11· ·I'll talk a little about the Rate Commission. 12· ·I'll kind of tag on to what Commissioner Berry 13· ·said, specifically about what the schedule 14· ·looks like during and beyond the Rate 15· ·Commission process.· And then specifically talk 16· ·about the 2023 proposals, what services would 17· ·be performed and how much it would cost. 18· · · · So Project Clear's job is to protect the 19· ·public's health and safety and water 20· ·environment by responsibly managing programs 21· ·with separate funding sources.· One for 22· ·wastewater, one for stormwater. 23· · · · The wastewater services are paid for 24· ·through the annual -- the monthly bill that you 25· ·get, which is based on water usage.· That's how Page 12 ·1· ·we pay for wastewater.· All the stormwater ·2· ·services are paid for on your property tax ·3· ·bill.· So there's two different sources. ·4· ·Because the change in those -- how those ·5· ·services are provided and the particulars of ·6· ·the programs, they both look different.· So ·7· ·while this is one proposal, there's two ·8· ·initiatives that are loaded in this proposal. ·9· ·I'll explain both of those. 10· · · · First of all for wastewater, with the 11· ·current services, we clean and repair the 12· ·existing wastewater system.· That's also a 13· ·federal requirement currently, as well as what 14· ·we do.· Compliance with environmental 15· ·regulations, which is driving most of the work 16· ·that is done.· The biggest one is major new 17· ·improvements. 18· · · · So in 2011, MSD signed a consent decree 19· ·after a lawsuit by the Department of Justice, 20· ·the EPA, and the Coalition for the Environment 21· ·wanting MSD to meet all of its Clean Water Act 22· ·requirements by a certain date.· MSD is not the 23· ·only one.· There are over 200 other 24· ·municipalities that were also sued.· The idea 25· ·being while that we're working to meet the Page 13 ·1· ·Clean Water Act, the Federal Government wanted ·2· ·to have a court-enforcible document that said ·3· ·you had to be done by a certain date.· That's ·4· ·what came out of that. ·5· · · · So as you see the wastewater program, to ·6· ·give you an example of how much those items ·7· ·drive it, 98 percent of the capital work that's ·8· ·scheduled to be scheduled over the next four ·9· ·years is either to be compliance schedules from 10· ·the consent decree or compliance schedules from 11· ·other regulatory requirements such as water or 12· ·the Clean Water Act. 13· · · · On stormwater, it's a little bit 14· ·different.· Remember, stormwater is paid 15· ·through property taxes.· Right now, we clean 16· ·and repair the existing storm sewers, these are 17· ·inlets, manholes, and storm sewers.· MSD did 18· ·not have the ability to do that district-wide 19· ·until 2016, when the public voted in a rate 20· ·that now allows us to maintain them throughout 21· ·the entire public.· Prior to that, inside 270, 22· ·we had some funding to maintain the storm sewer 23· ·system and everything outside or west, north, 24· ·and south of 270, we owned the facilities but 25· ·had absolutely no funding to provide any kind Page 14 ·1· ·of operation and maintenance.· That has been ·2· ·taken care of. ·3· · · · Compliance with environmental regulations, ·4· ·that's paid for on your property tax.· MSD has ·5· ·funding for that since it was created in 1954. ·6· ·The final item, the final service can be ·7· ·provided, and it's the issue or the focus of ·8· ·the rate proposal, is to provide funding for ·9· ·new improvements to address flooding and creek 10· ·erosion.· MSD does not have a district-wide 11· ·source for that. 12· · · · While MSD does not own the creeks and 13· ·streams, we don't manage the floodplains, those 14· ·are owned or managed by individual 15· ·municipalities.· We do have the ability to 16· ·raise funds, region-wide, and then take those 17· ·in a prioritized basis and solve the most 18· ·problems first, in cooperation and teaming with 19· ·our municipal partners.· That's what this 20· ·proposal is looking to do for stormwater. 21· · · · Really quick, some background on the 22· ·wastewater system improvements.· Right now, 23· ·Project Clear, we are in the midst, right now 24· ·in 2023 dollars, $7.2 billion program to meet 25· ·the requirements of the consent decree in the Page 15 ·1· ·lawsuit.· We -- you may have heard different ·2· ·numbers on the consent decree.· When we signed ·3· ·it in 2011, the value was $4.7 billion in 2010 ·4· ·dollars.· What we do is we constantly bring it ·5· ·up based on inflation into current dollars. ·6· ·2021, we valued it at 6.1 billion.· With the ·7· ·inflation you've seen and the economic ·8· ·situation over the last two years, that's how ·9· ·we got to 7.2 billion.· But the program is on 10· ·budget and ahead of schedule from the original 11· ·plan. 12· · · · Again, couple things we're doing is keep 13· ·wastewater backups from going into homes, as 14· ·well as taking care of overflows.· Prior to MSD 15· ·and a little bit after it was formed, in order 16· ·to resolve basement backups, the idea was to 17· ·punch a hole in the side of a manhole that's 18· ·next to a creek and a stream, let the 19· ·wastewater and whatever stormwater get in, go 20· ·into the creek and stream instead of basements. 21· ·Those are illegal, and we're in the process of 22· ·removing all those.· That will help improve 23· ·water quality. 24· · · · How do we do this?· There is a couple of 25· ·things.· First of all, we're removing water Page 16 ·1· ·that shouldn't be in the wastewater system. ·2· ·That's what's causing primarily most of the ·3· ·backups.· Increase the wastewater capacity ·4· ·where needed, especially with the current ·5· ·climate change.· MSD has really recognized ·6· ·climate change impacts for about 15-plus years ·7· ·in our area, and then, again, eliminate the ·8· ·points where the untreated wastewater spills ·9· ·into the creeks and streams.· That's the 10· ·primarily focus. 11· · · · The wastewater system progress, what we've 12· ·accomplished.· We've eliminated 84 percent of 13· ·those overflows that goes into the creeks and 14· ·streams.· Building backups are down 25 percent. 15· ·We were hoping for a bigger number. 16· ·Unfortunately, the impacts of climate change 17· ·and overland flooding make that number -- keeps 18· ·us from getting that number down further.· If 19· ·you think about it, when there's a flood, 20· ·overland floods floods streets, yards, homes. 21· ·It also floods the sewer system.· And when it 22· ·does that, it fills the sewer system up, and 23· ·even if somebody is not experiencing overland 24· ·flooding, it fills the sewer system up and can 25· ·be reflected in somebody's basement who is Page 17 ·1· ·quite a ways away from the overland flooding. ·2· ·But we are still down 25 percent. ·3· · · · And on the wastewater system, we've ·4· ·completed, or are in the process of completing, ·5· ·650 projects since 2011.· Stormwater is a ·6· ·little different.· Never having had a ·7· ·district-wide fund, we collect the problems and ·8· ·keep planning for a point -- is there going to ·9· ·be a point where we'll have funding for this. 10· ·This is -- what you see here are the number of 11· ·issues that have been reported to us.· In 2011 12· ·to '14, we are about 1,100 on a record.· That 13· ·went up in 2015-'18 to 2,400, and, now, it's up 14· ·to 3,700.· It seems to be tracking climate 15· ·change and the larger storms we've had. 16· · · · If you notice, as some people pointed out, 17· ·we seem to be getting the same amount of rain 18· ·per year, that's true.· However, we're getting 19· ·it in a much shorter period at a much higher 20· ·intensity.· That's what's causing a lot of the 21· ·flooding problems. 22· · · · There is an example of stormwater 23· ·problems.· There's flooding.· So this is any 24· ·place where water, stormwater, lands on a 25· ·property, doesn't go away for whatever reason, Page 18 ·1· ·whether it's because of overland flooding, ·2· ·creek flood, anything like that, looking to ·3· ·avoid those issues.· Also, on stormwater, ·4· ·there's two pieces.· There's flooding and ·5· ·there's creek erosion.· The things that are ·6· ·going on with the environment also result in ·7· ·more storms, heavier stream flows, faster ·8· ·stream flows.· It causes erosion.· That can ·9· ·also threaten people's property and their homes 10· ·just as much as overland flooding.· Those are 11· ·the two major problems we want to address. 12· · · · Right now as -- well, I'll hit that later. 13· ·Improvements identified by watershed, this is 14· ·where we've gotten the complaints from.· The 15· ·only thing I point out here is on the purple 16· ·area, if you take a look, it's -- the right 17· ·side is the Mississippi River, up at the top is 18· ·the Missouri River and you can see the 19· ·interstate system.· The purple area has some 20· ·legacy small taxing districts, where we do 21· ·small stormwater projects.· Those people pay a 22· ·tax that's existed for quite a while. 23· · · · What we found is if people complain and 24· ·they find on occasion that we can do some work, 25· ·we give more information.· It's worth Page 19 ·1· ·reporting.· The rest of the areas, whether it's ·2· ·up in North County, West County, down south ·3· ·around the Meramac River, when we get ·4· ·complaints, we say thank you, we'll log them, ·5· ·we'll let you know when we get a funding ·6· ·source.· You can imagine that doesn't drive ·7· ·people to keep reporting to us because nothing ·8· ·gets done.· So we suspect there's a lot more ·9· ·problems out there than what we've identified 10· ·so far, what's been reported to us. 11· · · · Really quick on the Rate Commission, I'm 12· ·not going to go over some of the stuff that 13· ·Commissioner Berry did, but what I am going to 14· ·do is go over the timeline.· Thank you.· So in 15· ·2022, MSD staff that summer, actually we 16· ·started at the beginning of 2022, started to 17· ·put a rate proposal together for this Rate 18· ·Commission.· We completed that proposal.· We 19· ·gave it to the Rate Commission in March of 20· ·2023.· They're scheduled to be completed by 21· ·September 2023.· They have to be done by 165 22· ·calendar days. 23· · · · Once they're done, they will turn that 24· ·over to our Board of Trustees.· They will 25· ·evaluate MSD's proposal.· They will evaluate Page 20 ·1· ·any suggestions made by the Rate Commission, ·2· ·and they'll decide how to move forward, and ·3· ·they'll use the last part of 2023 doing that. ·4· · · · Once they have the results, we will end ·5· ·up -- right now, we are going to use the ·6· ·April 2nd, 2024 election for at least one, if ·7· ·not both of these initiatives.· There will be ·8· ·two things on the ballet.· One will be ·9· ·wastewater.· If you've seen this before, this 10· ·is what we do every four years.· We come to the 11· ·Rate Commission, kind of true up the wastewater 12· ·program, and poll the public on how would you 13· ·like us to fund this? 14· · · · So in 2024, April 2024, on the wastewater 15· ·side, the public will be asked do you want to 16· ·implement the rate proposal that assumes you 17· ·allow us to borrow additional monies, and I'll 18· ·go over those details later, or do you want to 19· ·not provide additional bonding and just pay 20· ·cash.· Those have consequences I'll go over in 21· ·detail later. 22· · · · The other one is the stormwater one.· It's 23· ·a little bit different.· The wastewater one has 24· ·to be done because a federal judge and 25· ·environmental regulations say we simply have to Page 21 ·1· ·do the work.· Just a question of how we fund ·2· ·it. ·3· · · · Stormwater is up to the public.· We will ·4· ·provide a provision, here's the services that ·5· ·are proposed, here's what it costs, the public ·6· ·gets to decide if that's a good idea, I will ·7· ·vote yes, or it's not a good idea, I will vote ·8· ·no.· That will be up to the public. ·9· · · · So the details of the rate proposal, and 10· ·here's where all of the -- I'll have some good 11· ·discussions here about what's really going on. 12· ·In the stormwater rate proposal, the first 13· ·thing we wanted to do was to make sure 14· ·different sections of the community paid their 15· ·fair share.· So what we did is, we went through 16· ·and we said -- we used impervious area. 17· ·Impervious area is rooftops, driveways, 18· ·sidewalks, places where when rain hits, it 19· ·doesn't soak into the ground, it runs off.· So 20· ·we wanted to determine how much of impervious 21· ·area is on our residential customers.· It was 22· ·57 percent. 23· · · · Therefore, we set the rate assuming the 24· ·residential customers would provide 57 percent 25· ·of the funding.· The other 43 percent is for Page 22 ·1· ·not non-residential customers.· Those ·2· ·non-residential customers also include ·3· ·not-for-profit non-residential customers.· They ·4· ·will provide 43 percent of the overall amount ·5· ·of funding that we're looking to get. ·6· · · · How is that going to be divided up and how ·7· ·was it calculated?· So we were driven by the ·8· ·residential customers.· We do a lot of polling. ·9· ·Residential customers have indicated to us that 10· ·over half of them are willing to fund a 11· ·stormwater program as long it's not more than 12· ·two dollars per month for cost.· So we used 13· ·that as a starting point.· We're going to use 14· ·property tax for the residential customers, so 15· ·we found out what the median value -- 16· ·median-assessed value of a home was in our 17· ·service area, and it's $176,600. 18· · · · So to get about to two dollars per month, 19· ·that results in a property tax proposal of 20· ·$7.45 per $100 evaluation or about $25 per 21· ·year.· We use that number, it's somewhat 22· ·convenient for folks, easy ones, to double 23· ·twice the assessed value is $350,000.· So if 24· ·you have a $350,000 assessed home, if this 25· ·proposal moves forward, it would cost you $50 Page 23 ·1· ·per year on your property tax bill. ·2· · · · So doing that, setting at that amount, ·3· ·that generates a certain amount of volume, and ·4· ·providing 57 percent of the funding.· The other ·5· ·43 percent comes from the non-residential ·6· ·customers.· Again, I said we're going to use ·7· ·impervious area.· What we're going to do is ·8· ·we're going to measure the impervious area of ·9· ·all the non-residential customers, we do this 10· ·with aerial photography, and we were going to 11· ·bill them $1.05 per thousand square feet of 12· ·impervious area per month.· If we do that for 13· ·the customer base we have, that allows them to 14· ·provide 43 percent of the total funding.· By 15· ·the time you add this all up, the total 16· ·proposal is for $35 million that will be 17· ·generated annually. 18· · · · Now, where we do we spend the money? 19· ·Right now, I showed you a list of the problems 20· ·we had, those issues.· Right now, just kind of 21· ·an estimate, those problems we have identified 22· ·will cost about $700 million to fix in total. 23· ·That does not include problems that came up 24· ·from the flooding in 2022.· That would be 25· ·additional.· But how we're going to spend it, Page 24 ·1· ·and this was something we really went back to ·2· ·the public, we tried this kind of proposal in ·3· ·2019, the public voted it down 53/47.· We went ·4· ·back out, said, hey, what are things we can do ·5· ·to enhance this, to make this more attractive ·6· ·that folks might want to reconsider.· One of ·7· ·them was how we spend the money. ·8· · · · So 50 percent of the revenues, MSD is ·9· ·going to use on projects with the highest 10· ·benefit cost value throughout the entire 11· ·district for stormwater.· We have a formula 12· ·that was reviewed and approved by a public 13· ·group. 14· · · · · · · · ·(Phone rings) 15· · · · MR. BRIAN HOELSCHER:· Is that -- 16· · · · MR. LANCE LECOMB:· The video camera. 17· · · · MR. BRIAN HOELSCHER:· That's the video 18· ·camera? The video camera forgot to silence 19· ·itself. 20· · · · MR. LANCE LECOMB:· I could answer it. 21· · · · MR. BRIAN HOELSCHER:· No, that's okay. 22· ·Where I was, 50 percent is by a benefit-cost 23· ·analysis.· We take the benefit, which is a 24· ·point value for the types of things we're 25· ·protecting.· So for flooding and erosion, Page 25 ·1· ·they're kind of the same things.· A yard, ·2· ·garage, is erosion going to cause your house to ·3· ·fall into the channel, all of those things.· We ·4· ·total up the points of what the project will, ·5· ·say, what they'll protect, divide by the cost, ·6· ·and you'll end up with the benefit-cost ratio. ·7· · · · 50 percent of the dollars we simply start ·8· ·from the top of the list, the highest scoring ·9· ·projects and work our way down.· 30 percent of 10· ·the revenues will go to individual 11· ·municipalities in the form of 100 percent 12· ·grants.· We kind of started this in some of 13· ·those small-taxing districts in the individual 14· ·municipalities where we thought it was a good 15· ·idea. 16· · · · So the way this works is, the 17· ·municipalities can determine their own priority 18· ·as long as it is a stormwater need.· They'll 19· ·submit to us what that need is, the money will 20· ·be distributed by population, the higher 21· ·population municipalities will get more, the 22· ·lesser will get a smaller value.· It can 23· ·accumulate from year to year.· If you want to 24· ·save up four years worth to do a project, you 25· ·can do that.· But it will go to the -- it will Page 26 ·1· ·go to those communities.· All they have to do ·2· ·is submit, tell us what project they're going ·3· ·to spend it on, and, again, it's a hundred ·4· ·percent grants.· There's no local requirements. ·5· · · · This allows us to take care of more ·6· ·regional type stuff, as well as going to ·7· ·municipalities and provide them funding to be ·8· ·able to address issues they may think are more ·9· ·important on a stormwater side. 10· · · · Next, 10 percent of the funding will go to 11· ·adjust to environmental justice areas.· So 12· ·working through the Federal Government, the 13· ·Federal Government as well as the State of 14· ·Missouri, they call them different things.· The 15· ·Federal Government's environmental justice 16· ·areas.· The State of Missouri is low income, I 17· ·think, or some terminology.· But however they 18· ·do it, they give us the tools that they 19· ·determined map these and find out what part of 20· ·your area is environmental justice. 21· · · · So we've mapped those.· We did those 22· ·recently, what was given to us from the State 23· ·in order to apply for some grant monies and, 24· ·just in general, those areas are the north part 25· ·of the City of St. Louis, North County, North Page 27 ·1· ·County heading out to the west, and then ·2· ·there's an environmental justice area just on ·3· ·South City bleeding into South County. ·4· · · · So what we're going to do with those, ·5· ·similar to the cost-benefit analysis, we're ·6· ·going to consider those projects in those ·7· ·areas.· Then we're going to do a benefit-cost ·8· ·analysis and 10 percent of the funding we'll ·9· ·simply work down the list of only projects in 10· ·the environmental justice areas. 11· · · · And then finally, we put 10 percent aside, 12· ·this quite honestly came out of a discussion we 13· ·kind of had with a lot of the city -- the 14· ·larger city managers.· We're going to put 15· ·10 percent aside for something else.· Is there 16· ·something we're missing.· There's a real 17· ·regional need from a policy perspective that we 18· ·need to address.· The idea is for MSD to really 19· ·get public input on this.· Right now, the 20· ·Municipal League has provisionally volunteered 21· ·to be the representative and have a discussion 22· ·and decide where's a good place to direct these 23· ·dollars. 24· · · · Not that these are where they'll go, but 25· ·an example is, buying homes out of floodplains. Page 28 ·1· ·The area could decide we really need to do ·2· ·that, let's take those monies toward that. ·3· ·They could decide, you know what, the Cities ·4· ·have got some good ideas, let's enhance their ·5· ·grants.· That's another way we could do it. ·6· · · · There's a lot of other options.· MSD ·7· ·doesn't know where it's going to go.· We, ·8· ·obviously, have some ideas to consider, but we ·9· ·really want to get the public's input.· We 10· ·think that's kind of a piece that was really 11· ·missing last time.· To be able to get those 12· ·things that just don't fit in these little 13· ·buckets that we have set up. 14· · · · Next, regarding the wastewater rate 15· ·proposal.· So, as I mentioned, the current 16· ·value of the program is 7.2 billion in 2023 17· ·dollars.· The program started in 2021, our 18· ·consent decree ends in 2039, so we're just 19· ·about halfway through.· Excuse me. 20· · · · So to fund what is now $1 billion of new 21· ·work that we're going start over the next four 22· ·years, the question is, do you want to pay 23· ·cash, or do you want to approve MSD to have an 24· ·additional $750 worth of bonding authority. 25· ·That's the question that will be put in front Page 29 ·1· ·of the voters.· Obviously, just like a car, a ·2· ·house, if you borrow money, you pay less early ·3· ·but you got to pay interest later on.· If you ·4· ·want to pay cash, it costs a lot now, but ·5· ·you'll avoid the interest expense in the ·6· ·future.· Those are the options. ·7· · · · The next page is one, if you guys have ·8· ·been part of this process before, you may ·9· ·recognize.· If you want a real good close up 10· ·view, those of you who have picked up the one 11· ·page flier, it's on that side, too, if you want 12· ·to make some notes or you've seen it.· Sir, do 13· ·you have this document?· Do you have this 14· ·document? 15· · · · MR. CHRISTOPHER WILCOX:· No. 16· · · · MR. BRIAN HOELSCHER:· Do you want one? 17· · · · MR. CHRISTOPHER WILCOX:· Sure. 18· · · · MR. BRIAN HOELSCHER:· That's all right I 19· ·can read off -- I'll get it.· I'll give it to 20· ·him.· I can read off this.· This is usually the 21· ·most popular slide every four years when we do 22· ·this so.· This is on the wastewater side.· On 23· ·the left-hand side, you see a green column. 24· ·That green column assumes the public says yes, 25· ·we will permit you an additional $750 million Page 30 ·1· ·money in bonding authority. ·2· · · · The left-hand side, it says Yearly Change ·3· ·and a percentage number.· So if you take a look ·4· ·at your bill that you will get this August, and ·5· ·you want to see what this proposal will do, you ·6· ·can apply these percentages to your exact bill. ·7· ·So it will go up 7 percent in 2025; 7.6 percent ·8· ·in '26; 7.5 percent in 2027; and 6.6 percent in ·9· ·2028.· That's by percentage. 10· · · · On the right-hand side, we do show the 11· ·average monthly residential bill, very few pay, 12· ·obviously, the average monthly bill.· However, 13· ·it does give the average and helps people get a 14· ·sense of how many dollars we're talking about. 15· ·If you want to calculate exactly yours, you can 16· ·use the column on the left, the percent 17· ·increases based on your billings you'll receive 18· ·in August. 19· · · · The right-hand side is assuming no 20· ·additional bond is authorized, and we'll just 21· ·simply pay cash.· The same way under the yearly 22· ·change, the average monthly bill will go up 35 23· ·percent if there's no additional bonding the 24· ·first year.· 35 percent again the second.· Go 25· ·down 20 percent in the third year, that's Page 31 ·1· ·because of the cash needs of the capital ·2· ·program.· Then go up five percent on the fourth ·3· ·year.· And you can see the average monthly ·4· ·residential bills on the right hand side. ·5· · · · So that's what everybody will be looking ·6· ·at.· There are a couple of things I want to ·7· ·point out.· If these rates, right now, and ·8· ·these changes are based on your portable water ·9· ·usage.· Most residential customers have their 10· ·water metered.· MSD collects the winter meter 11· ·readings, and we use that assuming that's the 12· ·water you use that goes down the drain the 13· ·whole year.· We don't want to catch swimming 14· ·pools, watering the lawn, washing the car, we 15· ·don't want to do any of that.· So we use the 16· ·winter numbers. 17· · · · Some residential customers in the City 18· ·don't have meters.· They are billed based on 19· ·attributes.· The same way City Water bills 20· ·them.· We are required by the Missouri Supreme 21· ·Court to use the same billing method that City 22· ·Water uses for non-metered residential 23· ·customers in the City of St. Louis. 24· · · · For those individuals, these percentage 25· ·increases will apply to their current bill in Page 32 ·1· ·August, the only change is, we do an evaluation ·2· ·of the flows we assign to attributes every ·3· ·year.· And we look to see if there should be a ·4· ·change made. ·5· · · · So if you're an unmetered residential ·6· ·customer in the City of St. Louis, in 2025, ·7· ·instead of the 7 percent increase, the first ·8· ·thing you'll see is a 0.8 decrease in your ·9· ·monthly bill.· And that will account for a 10· ·study we did that tries to determine water 11· ·usage based on the parameters given to us by 12· ·City Water. 13· · · · The other part I want to touch on is the 14· ·customer assistance program.· It's a part of 15· ·this whole package that we're offering.· Our 16· ·customer assistance program, what it does, for 17· ·individuals who are making -- households who 18· ·are making less than two times the poverty 19· ·level, if they apply to MSD, their rates -- 20· ·their monthly cost will be cut in half.· If you 21· ·are like me, elderly, and over 60 years old, 22· ·and you're two and a half times under -- two 23· ·and a half -- under two and a half times the 24· ·poverty level, you also can apply, and you'll 25· ·get your rates cut in half.· Commissioner Page 33 ·1· ·Berry, that ends my presentation. ·2· · · · COMMISSIONER BERRY:· Thank you, ·3· ·Mr. Hoelscher.· Rate Commission staff, will you ·4· ·please announce those who have requested to ·5· ·speak? ·6· · · · MR. LANCE LECOMB:· Commissioner Berry, ·7· ·given the number of attendees and the size of ·8· ·the room, we believe it would be appropriate to ·9· ·just take questions by raising of their hands 10· ·if you so agree. 11· · · · COMMISSIONER BERRY:· Yes, yes. 12· · · · · · QUESTIONS BY THE PUBLIC: 13· · · · COMMISSIONER BERRY:· Those wishing to 14· ·speak, please remember to state your name and 15· ·address for the record, and if you represent an 16· ·organization.· At this time, does anyone any 17· ·question of comments.· Yes, sir? 18· · · · MR. CHRISTOPHER WILCOX:· I have comments. 19· · · · COMMISSIONER BERRY:· Yes. 20· · · · MR. CHRISTOPHER WILCOX:· Should I stand 21· ·or -- 22· · · · COMMISSIONER BERRY:· You can stand. 23· ·Whatever is most comfortable for you. 24· · · · MR. CHRISTOPHER WILCOX:· My name is Chris 25· ·Wilcox.· I am the director of policy advocacy Page 34 ·1· ·for A Red Circle, which is a nonprofit that ·2· ·serves folks in North St. Louis County, ·3· ·particularly those who are disadvantaged and ·4· ·low income. ·5· · · · I can say, you know, over the last year ·6· ·and a half or so, you know, how problems ·7· ·maintaining housing has been the single most ·8· ·consistent need that has been brought to us. ·9· ·And during the period when the State was 10· ·providing funding for rental assistance and 11· ·utilities, we were helping people get that 12· ·because a lot of people were not able to get it 13· ·through the program without additional 14· ·assistance because of the requirements. 15· · · · And consistently, it -- it had a lot of 16· ·uptake because people -- the need is so great 17· ·out there.· And people are as it is, having a 18· ·really difficult time maintaining their basic 19· ·needs, particularly housing.· If you look at 20· ·the calls to 211, for example, around 21· ·80 percent of them are either for 22· ·shelter-rental assistance or utility 23· ·assistance. 24· · · · So consistently, we are in the situation 25· ·where particularly the kinds of low-income Page 35 ·1· ·families that we work with, are having it ·2· ·harder and harder to get their monthly bills ·3· ·paid, which in turn is fueling a possibly ·4· ·unprecedented crisis in terms of people being ·5· ·evicted and failing to pay your utility bill is ·6· ·of the things that can get a family evicted, ·7· ·even if they're able to keep up their rent, ·8· ·which is increasing more difficult, especially ·9· ·with other costs including food going up as 10· ·well. 11· · · · I can understand that there's a lot of 12· ·work that needs to be done from that -- from 13· ·the perspective of MSD, but the Commission has 14· ·granted increases for pretty much every other 15· ·utility that people are paying.· And I've gone 16· ·through a lot of utility bills through the 17· ·course of running those -- those clinics for 18· ·people applying for rental assistance.· MSD 19· ·being one of them.· Even if they don't pay MSD 20· ·directly, they often pay separate utility fees, 21· ·which is another way that landlords are 22· ·increasingly passing the cost and raising the 23· ·rent without saying they're raising the rent. 24· · · · And so what is particularly frustrating 25· ·about this, we understand the climate change Page 36 ·1· ·and how it's contributing to all the flooding. ·2· ·The people we are talking about being asked to ·3· ·pay another 7 percent increase every year for ·4· ·the next few years, they're contributing the ·5· ·least to that problem.· They generally don't ·6· ·live in big houses.· The houses that they do ·7· ·live in tend to be the most energy inefficient, ·8· ·so they're paying more for the same amount of ·9· ·energy usage, and they are -- we know that 10· ·people struggle with transportation in this 11· ·area particularly.· It's often a struggle to 12· ·get to resources that do exist, such as food 13· ·pantries, for instance, because they don't have 14· ·a vehicle.· Because even getting a used car 15· ·over the last few years has been practically 16· ·impossible for someone on a modest income. 17· · · · So it's really concerning to me and 18· ·frustrating that as we go along, we see all of 19· ·these continued problems, the poorest people 20· ·are the ones paying the price, and meanwhile, 21· ·they've contributed to the actual problem the 22· ·least, and that's why it's -- it's very 23· ·difficult to keep coming to these and seeing 24· ·how people's -- the poorest people's costs are 25· ·going up and nothing is coming in to help. Page 37 ·1· ·And, so, having seen that, Ameren got an ·2· ·increase.· Spire got an increase.· I believe ·3· ·Missouri America Water might got an increase as ·4· ·well.· So this is just another rate increase in ·5· ·a situation where more and more families who ·6· ·are low income are finding it impossible to ·7· ·keep up with their expenses, and that's why I ·8· ·want to express concerns about the proposed ·9· ·rate increases. 10· · · · COMMISSIONER BERRY:· Thank you for your 11· ·comment.· Would MSD like a chance to -- 12· · · · MR. BRIAN HOELSCHER:· Yeah, I think 13· ·just -- since -- we take the opportunity at 14· ·these meetings, sometimes it's difficult for 15· ·us, we try a lot of methods to outreach to 16· ·folks who are looking for assistance. I 17· ·know -- I heard you say you're familiar with 18· ·MSD's program.· The gentleman who runs that 19· ·program right next to you is our director of 20· ·finance, Marion Gee.· If you don't mind talking 21· ·with him afterwards, if there's a way we can 22· ·leverage and get more people involved in the 23· ·program, that would be helpful.· If you don't 24· ·mind talking to him after the -- this is over. 25· · · · MR. CHRISTOPHER WILCOX:· I guess I would Page 38 ·1· ·say one thing about that, if I may. ·2· · · · MR. BRIAN HOELSCHER:· Sure. ·3· · · · MR. CHRISTOPHER WILCOX:· So the problem ·4· ·with these is that, you put these administrator ·5· ·burdens, and they're -- it makes them ·6· ·particularly less accessible to the people that ·7· ·need them the most, right?· So we can raise the ·8· ·rate, and you can say, oh, it's going to impact ·9· ·the poorest people because this program is 10· ·here.· Well, the people that need the program 11· ·the most are going to be least -- access it. 12· ·So it doesn't make a lot of sense to plan from 13· ·that perspective from my point of view. 14· · · · And, you know, the State is sitting on a 15· ·historical budget surplus.· Those are -- that's 16· ·money for public services that isn't currently 17· ·being spent.· I understand there's planning 18· ·that went into putting in a proposal together, 19· ·but we're asking -- you know, we are asking 20· ·people who just don't have the money to 21· ·contribute, and a lot of them are going to 22· ·become unhoused as a result of this because 23· ·already there are people whose rents are going 24· ·up 50 percent.· Possibly even a 100 percent in 25· ·some areas.· And, so, that's part of what I Page 39 ·1· ·want to -- ·2· · · · MR. BRIAN HOELSCHER:· Okay. ·3· · · · MR. CHRISTOPHER WILCOX:· -- get that point ·4· ·across. ·5· · · · MR. BRIAN HOELSCHER:· So -- and, sir, I ·6· ·wasn't denying you that.· I think one of things ·7· ·Marion's -- one of his initiatives is, we try ·8· ·everything we can to make it that much easier. ·9· ·And I think your input and ideas, talking with 10· ·him, if you got anything we're missing, we want 11· ·to make it as easy as possible to be part of 12· ·the program, and we'd like to take the 13· ·advantage while you're here to be able to talk 14· ·with Marion and see if there's anything we're 15· ·missing. 16· · · · MR. CHRISTOPHER WILCOX:· Sure. 17· · · · MR. BRIAN HOELSCHER:· That's Marion Gee 18· ·right there.· He's our director of finance, 19· ·sir. 20· · · · COMMISSIONER BERRY:· Thank you.· Any other 21· ·questions from the attendees today or comments? 22· ·Okay, hearing none, I'm gonna announce that the 23· ·next public hearing is scheduled for Saturday, 24· ·July 29th, 2023, at 9:30 a.m.· The hearing will 25· ·be held at O'Fallon Park Recreation Complex, Page 40 ·1· ·YMCA, in the AOA room.· The address for ·2· ·O'Fallon Park Recreation Complex, YMCA, is 4343 ·3· ·West Florissant Avenue, St. Louis, Missouri ·4· ·63115.· Thank you for your attendance and ·5· ·feedback.· This public hearing is adjourned. ·6· · (Ending time of the hearing: 03:39 p.m.) ·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' LEXITAS'