Miami Special Utility Authority (MSUA)
⚠️ DISCREPANCIES
⚠️ Discrepancies & Missing Documents (2)
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📹 Meeting Video
📝 AI Transcript
[00:00] Seeing of the model, especially until the authority board meeting for May 16, 2022, the application model.
[00:08] That's your one-chirped herb note.
[00:10] Let's pray.
[00:12] Oh, they got a week thank you, Lord, for your blessings over this community, over this
[00:16] Lord got over our elected officials, praying out for your guidance, and your wisdom, Father, we pray
[00:20] for your favor on this town, got to pray that you'll bless us, got to send businesses
[00:25] our way of blessing the businesses that are here, got to guide each and every decisions
[00:28] May we pray that you'll honor and glorify your name in Christ and we do pray.
[00:32] Amen.
[00:33] I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands,
[00:42] one nation, under God, and in the middle, who would live a team and justice for all.
[00:48] Number four, public input of the personal appearances, of the five, consent and into
[01:00] the staff recommends we approve item six and seven.
[01:03] Question two approved?
[01:09] Second.
[01:11] E7.
[01:12] Hi.
[01:13] Hi.
[01:14] David.
[01:15] Hi.
[01:16] Parker.
[01:17] Hi.
[01:18] Eight.
[01:19] Good day, I'll straighten.
[01:20] And David, David's right from any claim from your day, every licensee.
[01:25] So, may our members of the council, you'll find in your pack as a purchaser related to the
[01:29] call of relicencing project and rule curve.
[01:36] So this is actually a combination of three separate invoices.
[01:44] The total of the purchase order is $77,492.70.
[01:49] There are two separate invoices from Davis' right to Maine in one from Goodell, Stratton.
[01:56] And again, these invoices are for legal fees related to the Pins' Call of Relicencing Project
[02:02] and rule curve change.
[02:03] And so before the council votes on this item, I'd like to take some time for a minute and kind
[02:11] of break down and explain a lot of the city's efforts on going efforts related to these legal
[02:19] issues and it's quite a complex situation.
[02:23] So hopefully I can shed some light on it and not just confuse everybody and hopefully Jack and Larry
[02:29] will be patient with me who are two of the most knowledgeable individuals on this who are in the crowd.
[02:34] So this can be a little bit intimidating with those folks across, but I'll do my best.
[02:41] The background on these GRDA related issues go back quite a bit.
[02:45] And I know it's a very complex item and should not be taken lightly.
[02:50] We also have to be sensitive to the fact that these are active legal matters.
[02:54] And elements, it's not always appropriate to discuss all of our leads.
[03:00] legal issues and elements in a open meeting, so be patient with me as I kind of refer to
[03:06] my notes and make sure I stay on target.
[03:09] I do often provide updates when related purchasers and invoices for legal fees appear
[03:14] on our agenda.
[03:15] So, if you go where have this refer to it, be patient with me.
[03:22] There are three distinct legal areas related to GRDA in which the city contracts for legal
[03:28] and engineering expertise.
[03:31] These three are the civil litigation, our appeal to FERC regarding current license violations
[03:37] and GRDA's re-licensing of the Pinscolon Dam.
[03:41] FERC, who you'll hear me refer to often, is the federal energy regulatory commission
[03:45] who's responsible for the federal oversight of GRDA.
[03:50] So to explain further, the first area is the civil litigation.
[03:55] This is also known as the city's lawsuit against GRDA.
[03:59] There are about 250 units or properties in about 450 plaintiffs represented in this lawsuit,
[04:06] most of which live in the city limits.
[04:11] The city is only one of those 450 plaintiffs.
[04:16] In totality, all claims combined in the civil lawsuit is in the neighborhood of around $100 million
[04:23] for all again for all plaintiffs.
[04:25] However, the city's claim is only for $3.2 million of that $100 million.
[04:33] Although the city has not paid any attorney fees, many years ago, the city did agree
[04:39] to front $300,000 for engineering and surveys that have been used in the civil litigation.
[04:45] So again, the city has not just declared the city has not paid any attorney fees for the city's
[04:49] lawsuit against GRDA.
[04:53] The second area is the appeal.
[04:57] This is the city of my, my, my, my, the federal energy regulatory commission in the U.S. Court
[05:02] of Appeals for the District of Columbia Circuit case number 20-1325.
[05:09] The appeal is related to a complaint filed by the city with FERC in 2018, where the city
[05:15] has FERC to enforce the provisions of the current GRDA license, which states that GRDA must
[05:20] acquire the rights to all lands and floods.
[05:23] It is, in fact, GRDA is, in this, it is, in fact, that GRDA is in violation of this particular
[05:33] current license.
[05:36] FERC, however, decided to kick the can down the road and not deal with these violations of the
[05:40] current license and instead address them in the relationship process.
[05:46] Stating the city did not provide sufficient evidence of upstream flooding, knowing the
[05:51] everlasting process and is often delayed, and in one instance it is delayed for about 24
[05:55] years.
[05:56] So, we knew the city could not wait that long so the city did.
[06:00] to appealed the decision to the DC Circuit Court of Appeals in March of 2020.
[06:07] The city of the city's appeal outlined a series of misrepresentations, promises, and changes
[06:13] of positions taken by GDRDA over the last several decades regarding the flooding in and around
[06:19] by Emma.
[06:20] It also argued that FERC ignored the evidence of flooding presented by the city and that
[06:25] the Court should order FERC to order GDRDA to comply with current license.
[06:34] In their response of briefs, GDRDA argued that the matter should be deferred to the
[06:38] relicencing process, FERC also argued that the matter should be deferred to relicencing
[06:44] and that it adequately considered the city's evidence of flooding.
[06:48] The city filed its reply brief disputing those arguments on July 6th and oral arguments
[06:54] took place in December of last year.
[06:57] In January of this year, the DC Circuit Court ruled in the city's favor stating that
[07:03] FERC's argument that the GDRDA had not violated its operating license was surprisingly
[07:09] unpersuasive.
[07:11] The Court found that while the city provided powerful evidence that the GDRDA's principal in Dam caused
[07:17] had caused flooding in the city, and that FERC had conducted a thorough analysis of its review.
[07:23] So we are now waiting for FERC to review as remained by the DC Circuit Court.
[07:32] This was a very big deal.
[07:34] In fact, I've got some articles that were written in the law 360, during that if you get a chance
[07:41] you need to take a look at and we probably wish I had enough copies to hand out everybody,
[07:50] but if anybody wants a copy of one, provide one.
[07:55] Maybe I like a copy.
[08:00] It's a very well written article, you know, law up here review that just kind of outlines and explains
[08:06] the court case and the findings and they just, they did a very good job because it is a very complex.
[08:17] So the third and final area is the re-license.
[08:22] And to add insult to injury, GDRDA has filed its application for re-license of the Pinsco Dam requesting
[08:28] their application to essentially raise the leg level by another two feet.
[08:34] As published in the Tulsa World on January 9th of 2020, GDRDA has also requested the license
[08:40] be for a period of 50 years instead of the current 30 years.
[08:45] So you can imagine how this can greatly emphasize the importance of this process, this
[08:53] re-licensing process.
[08:56] There are ongoing technical studies being conducted by GDRDA as required.
[09:00] by FERC and outlined in a detailed study plan. We are evaluating these studies and results
[09:05] every step of the way to ensure that the impact of my image is understood and considered.
[09:10] There are public technical conferences where we have an opportunity to ask questions and raise concerns.
[09:16] These technical conferences are attended by FERC, City of Miami, and our experts,
[09:21] several tribes, tribal leaders, and their legal experts, the wildlife department,
[09:27] Rebecca Jam and the Lead Organization and many other stakeholders who understand the importance of this situation.
[09:33] To date, the issues that concerns raised by the city have resulted in significant changes to the
[09:38] study plan and shown a light on the serious issues of flooding upstream. If we do nothing,
[09:44] then we are blindly accepting the outcome of the re-licensing and whatever GRDA wants to do with the
[09:48] lake levels and the operations of the dam. Related to settlement offers, it should be pointed out
[09:57] that over the last year, myself, and many others, have met with GRDA leadership many times in search of
[10:03] solutions to our civil lawsuit. Today, there have been no official settlement offers made. Even though
[10:11] our lead attorney regarding the FERC matter has made it clear to the GRDA lead attorney that the city
[10:17] is open to settlement offers. Regarding expenses that we've incurred over the life of some of these legal
[10:28] issues, just to provide some history related to the fiscal impact, the city's record show,
[10:36] the expenses as far back as 2008, totaling around 3.5 million. That's for legal and engineering expenses.
[10:46] Not all of that is even legal expenses, but a combination of legal and engineering
[10:50] combining the expenses for all of these efforts. Now, again, any of the legal expenses that
[10:59] we've paid for were for the appeal and re-licensing, but nothing no legal fees have been paid for the
[11:05] city's lawsuit. The per kind of a point of reference, however, the myime-especially utility
[11:15] pays GRDA around 700,000 to 1.2 million every month for power. That is more than we spend in
[11:25] an entire fiscal year defending ourselves. Our community in economy has lost millions due to flooding
[11:33] and flood damage, our citizens spend thousands on flood insurance, and no one can afford more flooding
[11:40] or for FEMA to raise the flood map yet again, including even more properties in the flood zone.
[11:46] This would result in further lowering our property values, and we all agree that the legal issues
[11:52] have been going on for many, many years, but honestly, for the first time, myime-es being heard in the concerns
[11:58] are being heard.
[12:00] the way to the federal court. And I could assume that GRDA would love for the community to lose
[12:06] faith and become distracted or let our guard down. But this is not the time to throw in the
[12:13] towel and roll over. There is just way too much at stake for the city of Miami. You must consider
[12:21] the past, the future impact, and our current efforts for decades to come. So closing, I should also
[12:29] make note that the city is also working on ways to be more flood resilient. So besides just
[12:35] our legal approach, this includes applying for the building resilient infrastructure and communities
[12:42] to raise various roads around Miami, as well as the DR4575 City of Miami mitigation of roadway flooding
[12:51] to raise roads. The city has also been working with the Department of Transportation to raise highways
[12:56] around Miami. And the city is working with one of our engineers, Tectrere Tech, who recently
[13:01] completed a levee survey or feasibility study that will be presented in coming months. I also want
[13:09] to note that it would be my recommendation to anyone that's interested in learning more about this in
[13:16] these GRDA matters. A 10-up coming town hall meeting that has been scheduled for Friday, June 10th.
[13:24] At 7 p.m. here at City Hall, this is something that Larry Bork has been working with all of the
[13:32] different plaintiffs involved in those stakeholders involved across the city to pull this together.
[13:37] He's been working on this several weeks and they finally knelt down a date. And so I think we need to
[13:43] make every effort possible now to get the word out when this is June 10th 7 p.m. I make sure that
[13:49] everyone in the community attends because we'll have all the experts there. We'll have the historians
[13:55] of our community that have involved with this for years. And the goal is to share all the information that
[14:03] we can answer questions and educate the community again on why we continue to be in the position we're in
[14:10] and why it's so important that the city of Miami would be heard. Defend ourselves and make our issues
[14:15] known. So with that, I appreciate you all for your patience with my long answer, but I'm happy to
[14:24] answer any questions you might have. I'm still in your motion. I'm still in your motion.
[15:00] other new business, if any, which is really supposed to be this agenda.
[15:05] TAN staff report, 11 trustee community announcements, 12 adjournment.
[15:19] Come in.
[15:20] Thank you.
[15:21] Thank you.
[15:24] Thank you.
[15:25] Thank you.
📄 Full Agenda
NOTICE OF REGULAR MEETING AND AGENDA
OF THE MIAMI SPECIAL UTILITY AUTHORITY (MSUA)
Monday, May 16, 2022
6:00
p.m.
MIAMI CIVIC CENTER
129 5th Avenue Northwest, Miami, Oklahoma
Filed in the Office of the City Clerk and displayed in the main lobby of the Miami Civic Center and by
posting on www.miamiokla.net.
THE MSUA MAY DISCUSS, CONSIDER, AND VOTE ON ANY ITEM LISTED IN THIS AGENDA:
1.
Call to Order Chairman Parker
2.
Invocation by Pastor of One Church Herb Young
3.
Pledge of Allegiance Trustee Estep
4.
Public Input and Unscheduled Personal Appearances
Each person will be limited to three minutes. The purpose of this agenda item is to provide an opportunity for citizens’ comments and public announcements. In keeping with the principals of the Oklahoma Open Meeting Act, Council [or commission, authority or board] members and city staff will not engage in discussion or take any action under this agenda item. If you seek discussion or further inquiry, please contact your Council Member, the Mayor or the office of the city manager. Responses to citizen comments, if any, will occur under an applicable Agenda item at this or a future public meeting, or a response may be given by a phone call, personal meeting or a posting on the city website:
www.miamiokla.net
5.
*Action Item* CONSENT AGENDA Trustees
By unanimous consent the public body may designate noncontroversial items to be considered in one motion and one vote. The public body may add items from the regular agenda and approve. Posted agenda items not added to the consent docket will be considered separately. Staff recommends that Item 6 through Item 7 be placed on the consent agenda.
6.
*Action Item* Claims Trustees
Claims List
Credit Cards
7.
*Action Item* Minutes: May 02, 2022 (Regular) Trustees
Minutes
8.
*Action Item* Goodell Stratton Claim and Davis, Wright, Tremaine Claims for GRDA Relicensing Trustees
Claims List
9.
*Potential Action Item* Other New Business, if any, Which has Arisen Since the Posting of the Agenda and Could not Have Been Anticipated Prior to the Time of Posting (25 O.S. § 311(9)) Trustees
10.
Staff Reports (Written report included in packet, if available staff is present for questions) Trustees
Pollution Control
Solid Waste
11.
Trustee Community Announcements Trustees
12.
Adjournment Trustees
The MSUA Board of Trustees for the City of Miami is committed to making this meeting accessible to all citizens. If special assistance or accommodations are required, please submit your request to the City Manager's office. We also ask that those in attendance place all electronic devices on silent. Thank you.
OF THE MIAMI SPECIAL UTILITY AUTHORITY (MSUA)
Monday, May 16, 2022
6:00
p.m.
MIAMI CIVIC CENTER
129 5th Avenue Northwest, Miami, Oklahoma
Filed in the Office of the City Clerk and displayed in the main lobby of the Miami Civic Center and by
posting on www.miamiokla.net.
THE MSUA MAY DISCUSS, CONSIDER, AND VOTE ON ANY ITEM LISTED IN THIS AGENDA:
1.
Call to Order Chairman Parker
2.
Invocation by Pastor of One Church Herb Young
3.
Pledge of Allegiance Trustee Estep
4.
Public Input and Unscheduled Personal Appearances
Each person will be limited to three minutes. The purpose of this agenda item is to provide an opportunity for citizens’ comments and public announcements. In keeping with the principals of the Oklahoma Open Meeting Act, Council [or commission, authority or board] members and city staff will not engage in discussion or take any action under this agenda item. If you seek discussion or further inquiry, please contact your Council Member, the Mayor or the office of the city manager. Responses to citizen comments, if any, will occur under an applicable Agenda item at this or a future public meeting, or a response may be given by a phone call, personal meeting or a posting on the city website:
www.miamiokla.net
5.
*Action Item* CONSENT AGENDA Trustees
By unanimous consent the public body may designate noncontroversial items to be considered in one motion and one vote. The public body may add items from the regular agenda and approve. Posted agenda items not added to the consent docket will be considered separately. Staff recommends that Item 6 through Item 7 be placed on the consent agenda.
6.
*Action Item* Claims Trustees
Claims List
Credit Cards
7.
*Action Item* Minutes: May 02, 2022 (Regular) Trustees
Minutes
8.
*Action Item* Goodell Stratton Claim and Davis, Wright, Tremaine Claims for GRDA Relicensing Trustees
Claims List
9.
*Potential Action Item* Other New Business, if any, Which has Arisen Since the Posting of the Agenda and Could not Have Been Anticipated Prior to the Time of Posting (25 O.S. § 311(9)) Trustees
10.
Staff Reports (Written report included in packet, if available staff is present for questions) Trustees
Pollution Control
Solid Waste
11.
Trustee Community Announcements Trustees
12.
Adjournment Trustees
The MSUA Board of Trustees for the City of Miami is committed to making this meeting accessible to all citizens. If special assistance or accommodations are required, please submit your request to the City Manager's office. We also ask that those in attendance place all electronic devices on silent. Thank you.