Board says MSD response delays are raising arbitration costs; plans to seek agenda time

Danielle told the board on June 3 that the district is still waiting for a draft response from the Metropolitan Sewer District (MSD) to the authority’s addendum and that missed or shifting deadlines have increased outside counsel and expert-preparation costs.

"We're still waiting on an update from MSD in response to our addendum," Danielle said. She explained staff had to prepare discovery and a report limited to 15 pages to meet the arbitrator's deadline, and that multiple scheduling orders have required additional attorney and expert time. "Yes. Because... preparing for two different things right now and we don't know which way it's going to go. So yes, it's costing us more," a board member said in response.

Board members discussed options, including jointly requesting extensions or allowing deadlines to run and proceeding to arbitration. They agreed to seek a place on MSD's public meeting agenda for June 10 to press for resolution and asked for volunteers to attend that meeting.

Next steps: staff will request an agenda slot with MSD and the board’s volunteers will attend MSD's next public meeting; if MSD fails to respond by the arbitration deadlines the authority will proceed with the arbitration schedule.