MWRD Board Observer Reports

Lack Of Quorum Requires MWRD Board To Reconvene On August 9

8/27/2019

Metropolitan Water Reclamation District (MWRD) Board Meeting
August 8, 2019

Board Actions:

Agenda Item 19-0785 #70

Lou Presta, Mayor Village of Crestwood and Terry O'Brien, the O'Brien Network, addressed the Board to consider the lease on 44.61 acres of District real estate in Crestwood, specifically to consider the lease terms at 6% for the Crestwood Casino Project.
Later in the meeting, a motion was made by Debra Shore, seconded by Marcelino Garcia, to Amend Agenda Item #70 to put parcel out for bid at 8%. The motion to amend failed.
MOTION was finally passed to amend File No. 19-0785 to grant Authority to advertise Contract 19-365-11 for public tender of bids for a 99-year lease on 44.61 acres of District real estate located south of the Cal-Sag Channel between Cicero Avenue and Kostner Avenue in Crestwood, Illinois; Cal-Sag Channel Parcels 12.05, 12.07 and 12.08. The minimum initial annual rental bid shall be established at $1,262,500.

Agenda Item 19-0720: #22

Authorization to amend Board Order of June 6, 2019, for Authority to advertise Contract 16-708-21, Repair and Rehabilitation of the Gloria Alitto Majewski Reservoir in Des Plaines, Illinois, estimated cost $1,200,000.

Agenda Item 19-0745 #35

Authority to advertise Contract 18-277-3M Digester Sludge Heating System Upgrades and Boiler Removal, Calumet Water Reclamation Plant, estimated cost between $27,075,000 and $32,775,000. The contract is expected to be awarded in December 2019.
The boilers for the Digester Complex are between 20 to over 30 years old. Due to their condition, the increased risk of failure necessitates their replacement to ensure an appropriate level of service for the digestion process and space heating. It is felt that it is economically justified to replace or rehabilitate them due to the increased level of maintenance cost.

Observer - Nancy Mitzen Meeting Length: 2½ hour

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Water District Board Revises Bid Deposit Requirement

7/23/2019

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Metropolitan Water Reclamation District (MWRD) Board Meeting
July 11, 2019

The Board approved:

Change to Bid Deposit Requirements: At the request of Commissioner Garcia at the June 6 meeting, the staff did a survey of other governmental entities to find out for what types of contracts a deposit is required of bidders. Overwhelmingly, the results were that deposits were generally only required for construction contracts. The Board approved the new policy proposed by staff so that the MWRD will generally only require bid deposits for construction contracts. Other types of contracts may require bid deposits on a case-by-case basis, as determined by the Director of Procurement and Materials Management. This new policy should reduce the number of instances when a bid deposit is required, and the hope is that this will increase bidder participation and reduce costs to the MWRD by having a more competitive bid process. (Agenda Item 15, 19-0691) Commissioner Garcia requested that a similar survey be performed to find out the Minority, Women and Small Business owned business requirements (MBE, WBE, & SBE) that other government entities have.
Award of Contract after Lowest Bid Struck: Commissioner Garcia expressed concern that the staff was proposing to award a contract to a bidder with a bid of $452,000 after the lowest bid of $354,880 was struck because the bidder did not comply with the MBE, WBE, SBE requirements. Commissioner Garcia, who is a great proponent of these requirements, asked whether any attempt had been made to work with this lowest bidder so it could comply. Staff responded that they had had discussions, but the bidder said it could not. When it came time to vote, Commissioner Garcia said he would vote to award the contract to the higher bidder after talking to Commissioner McGowan during a break. (Agenda Item 44, 19-0683)
Amended Evanston lease agreement to allow Evanston to have festivals and sell and consume alcoholic beverages. This was deferred from the June 20 meeting. Evanston agreed to do environmental assessment before the start of each season, and then to do walk-throughs before and after (with MWRD staff) each event to see if there are any car leakages. If so, Evanston will do environmental testing and perform any necessary clean-up. (Agenda Item 58-19-0600)
Extend Space to Grow program with Chicago Public Schools to 2022: This adds $1 million to the program and extends for 1 year; program to cover 30 schools. Staff felt that prior concerns about school maintenance had been satisfied by schools proposing a new entity to do maintenance. Commissioner Davis said he hopes this program can be expanded in the future to cover schools elsewhere in Cook County, too. (Agenda Item 69, 19-0675)

Other discussions of interest:

Commissioner McGowan asked that the staff look at incorporating into lease agreements penalties for non-compliance. That way, the Board won’t have to deal with these breaches by others after the fact.
The MWRD received $9.2 million during the first quarter from a declaration by the City of Chicago of surplus TIF funds. Commissioner Shore asked that there be a discussion of how to treat such “bonus” funds (which are not budgeted); for example, Commissioner Shore suggested consideration might want to be given to using such funds for the Retirement Fund. (Agenda Item 53, 19-0669)
The Executive Director of the MWRD Retirement Fund reported that the Fund was down at the end of 2018 because of the drop in the stock market in December. However, it is up considerably this calendar year and he expects it to be up by 11.5% for the quarter just ending. (Agenda Item 57, 19-0661)

Items deferred:

Agenda Item 55, 19-0636, Authority to transfer $60,000 from account for payment of real estate taxes to the account for payment for professional services, in this case to pay the Barnes & Thornburg law firm to represent the MWRD in seeking a variance from the new winter quality standard for chlorides in the Chicago Area Waterway System (CAWS), taking the lead role for the CAWS Chlorides Watershed Group. Staff explained that because of the use of road salt in this area during winter, it is currently not possible to meet the new standard, which is why the variance is being sought for an initial 5-year period, even as efforts would continue to meet the standard in the future. It appeared from the discussion that the main issue here is that the MWRD would be bearing the full cost of this effort initially, until such time as the CAWS Chlorides Watershed Group is finalized. Commissioner Davis asked for the deferral so his questions could be answered.

Observer - Priscilla Mims Meeting Length: 1.5 hours

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Water District Board Deals with Lease Issues at Board Meeting

7/5/2019

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Metropolitan Water Reclamation District (MWRD) Board Meeting
June 20, 2019

Board Actions:

An amendment to the lease agreement dated June 11, 2013 between the District and the City of Blue Island on 137.64 acres of District real estate located north and south of the Cal-Sag Channel between Kedzie Avenue and Fay’s point in Blue Island, Illinois was approved. (Agenda Item 19-0537)

The main provisions of the amendment were to expand Blue Island’s leasehold to include the District’s SEPA Station 3 site and Cal-Sag Channel Parcel 15.09 and to allow Blue Island to host various community events and maintain community farms and a parking lot.
This amendment had been previously pulled from the June 6, 2019 agenda.
There was much discussion on this amendment because Blue Island had entered into an agreement with BIOS Farm, an organic farm serving the community and benefiting 100’s of residents. However, due to the fact that BIOS Farm is an commercial enterprise and sells its production to the public, the District's legal department held that this is an unauthorized agreement and use under the lease. The agreement between Blue Island and BIOS Farm did not go through the District bidding process as well. While BIOS Farm serves the community it is not considered a ‘community farm’, which is typically individually operated for the operators’ own personal consumption.
Public comment from BIOS Farm, Village of Blue Island and District discussion revealed that there was general support for the mission and activities of BIOS Farm and an agreement with Blue Island, but that a study session should be called for to address the legality of their agreement and that provisions should be made to allow for BIOS Farms operations to wind down to prevent waste, as the growing season is in full swing.

OTHER DISCUSSION:
Two agenda items relating to 91.9 acres of District real estate located in the City of Evanston were discussed.
DEFERRED:
Item 19-0600: Authority to amend lease agreement dated October 14, 1966, as amended, between the District and City of Evanston on approximately 91.9 acres of District real estate located in Evanston along the north Shore Channel to (1) allow Evanston to hold festivals and outdoor concerts and (2) allow the sale and consumption of alcohol. Consideration shall be a nominal fee of $10.00.
Commissioner McGowan would like more information and will submit questions in writing.
APPROVED:
Item 19-0610: Authority to resolve the Notices of Default issued to the City of Evanston arising out of violations of the lease agreement dated October 14, 1966, as amended between the District and the City of Evanston on Approximately 91.9 acres of District real estate located in Evanston along the North Shore Channel. Consideration shall be $77,450.25

Item 19-0614: Authority to issue a 1-year permit to Northwestern University to allow parking and tailgating activities during home football games on North Shore Channel Parcels 2.05, 2.06, 2.07, and 2.08, in Evanston Illinois. Consideration shall be an annual fee of $80,000.00.

Observer - Nancy Mitzen Meeting Length: 2.5 hours

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MWRD to Study Bid Deposit Process

6/15/2019

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Metropolitan Water Reclamation District (MWRD) Board Meeting
June 6, 2019

Highlights of the Board Meeting:

Pris Mims accepted a resolution on behalf of the League of Women Voters of Cook County, celebrating the 100th Anniversary of Illinois being the first state to ratify the 19th Amendment (Women's Right to Vote) to the United States Constitution.
Three other resolutions were presented: Celebration of the 100th Season of the Chicago Bears; Recognition of World Environment Day; Recognition of June as Puerto Rican Pride Month
Joe Evans of RSM – US (CPA firm) presented a report of their audit of MWRD, which resulted in an unmodified opinion (a clean opinion) which found that all appropriate standards are being met. Commissioner Debra Shore asked a series of detailed questions; a number of which it was suggested would be better answered by MWRD staff.

Consent Agenda Items Discussed:

Item #9 - Report on rejection of bids for contract - Commissioner Garcia asked if the MWRD requirement of bid deposits might be negatively impacting the number of bids being submitted. Staff responded that they are studying the bid deposit process, comparing it to the process utilized by other government agencies, but do see the bid deposit as a vehicle to reduce the number of frivolous bids. (Item was moved back to the consent agenda.)
Item #15 - Authority to advertise Contract for Repair and Rehabilitation of Gloria Alitto Majewski Reservoir - Commissioner Shore raised questions regarding the reason for slope failure at this site and wondered, if wet weather was impacting slopes at various reservoirs. Staff responded with explanation of engineering at the reservoirs that mitigate against impact of weather. (Item was moved back to consent agenda.)
Item #20 - Awarding of contracts to several companies for janitorial services and supplies Commissioner Garcia asked about the number of women and minority vendors for these contracts. Mr. Murray responded that staff will provide that information. (Item was moved back to consent agenda.)
Item #25 - Authority to increase purchase order with the legal firm of Neal & Leroy LLC to represent MWRD in acquiring property rights in connection with the Addison Creek Channel Improvements Project - In response to questions from Commissioner Spyropoulos, staff indicated that acquisition of 75 different parcels in six municipalities was involved. Staff also reported that as much legal work as possible was handled in-house to reduce costs. (Item was moved back to consent agenda.)
There was no new business.

Public Comment

Larry O’Toole of BIOS Farm requested that MWRD table an amendment to a lease of one acre of MWRD land, because the proposed lease change would prevent his group from continuing to grow organic produce at this site. BIOS Farm produce is sold at below market rate to underserved communities.

Observed by: Diane Hodges Meeting Length: 100 minutes

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Water Reclamation Board Passes Amendment to Watershed Management Ordinance

5/21/2019

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Metropolitan Water Reclamation District (MWRD) Board Meeting
May 16, 2019

What did the Board Decide?

The commissioners passed the Authority to Amend the Watershed Management Ordinance (WMO) that was previously pulled from the May 2, 2019 MWRD Agenda. This Amendment to WMO contains a number of changes, the most significant of which provides for the study of current provisions and potential future amendments to the WMO. This study is scheduled to begin at the end of 2019 with a target end date of May 2022. The study provides for the following:

Pilot study on regional storm water detention and a volume control training program.
Impact of watershed release rates on Communities
Impact on release rates under existing and future development in Collar Counties on Watershed and MWRD.
Impact on volume control and watershed release rates on streams erosions and related water quality.

Other Business:

The commissioners authorized an increase to the cost estimate for an Order Control System at Two TARP shafts and the decommissioning of the Thorton Transitional Reservoir, Calumet Service Area. This is due to complaints of odor. MWRD will continue to monitor the air quality.

New Business:

Commissioner Davis requested a status update on the website from the Technology Department. Davis stated that during the recent heavy rain events the website did not adequately communicate to the public about river and other flooding. It was reported that the public had difficulty finding flooding information on the website. Davis asked the Technology department to give a status report on the Website improvements as soon as possible.
Commissioner Shore requested MWRD look into the possibility of setting up cameras at reservoirs which can be monitored during heavy rain events. She requested information concerning the costs and feasibility of completing this project.

After adjournment the Commissioners celebrated the 130th anniversary of the MWRD.

Observer - Nancy Marcus Meeting Length: 2 hours

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MWRD Board Postpones Consideration of the Watershed Management Ordinance Amendment

5/6/2019

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Metropolitan Water Reclamation District (MWRD) Board Meeting
May 2, 2019

Items of Interest that were discussed:

Executive Director Brian Perkovich pulled from the agenda at the start of the meeting, Item 9 (File #O19-004), the proposed Amendment to the Watershed Management Ordinance (“WMO”). This Amendment contains a number of changes to the WMO (1) to effectuate Watershed Specific Release Rates by June 6, 2019, as required by Article 5 of the WMO, (2) to incorporate updated rainfall data for the State of Illinois, and (3) to provide clarity on the regulatory requirements and moving guidance and explanatory information from the WMO to the Technical Guidance Material. Based on comments from Commissioner Davis, it appeared that the Amendment was pulled to allow more time to respond to questions from individual Commissioners. The Executive Director told this Observer that he expects the Amendment to be on the agenda for the May 16 meeting.
During the “New Business” section of the meeting, Executive Director Perkovich gave an update on the status of the Tunnel and Reservoir Plan (“TARP”) in light of the heavy rains the past week. The McCook system, which serves central Chicago and 36 suburban communities, was at full capacity, storing approximately 5.1 billion gallons. The Kirie TARP system in the center of northern Cook County was storing nearly 300 million gallons. The Calumet system serves the far South Side of Chicago and 13 south suburban municipalities and was storing 3.5 billion gallons. All of this water will be pumped back to MWRD water reclamation plants for treatment when conditions permit. The Executive Director did not expect to have to release any water into Lake Michigan. The Commissioners praised the MWRD staff for all that they had been doing.
The Commissioners were also given an update on the status of the Intergovernmental Agreement with Cook County for the County’s Independent Inspector General (“IG”) to provide similar services to the MWRD. It is expected that the Agreement will be fully executed in the next week or so. The IG (Patrick Blanchard) is planning a series of meetings with employees at the plants and main office to explain the role of the IG and how to contact him. A brochure about the IG is being prepared that will be sent to all employees. The IG says he expects to have the two employees called for in the Agreement to be at the MWRD very soon.
The MWRD is celebrating its 130th anniversary by hosting open houses on May 18 at its Calumet, O’Brien, and Stickney plants, which include tours, free compost, free oak saplings, and kid-friendly activities. People are also encouraged to bring unused medications for proper disposal.
Commissioner McGowan said she had given a package of information to each Commissioner concerning the time capsule that was installed with the Nicholas G. Melas Centennial Fountain (located on the north bank of the main branch of the Chicago River to the east of the Sheraton Hotel) in 1989, the centennial of the creation of the Chicago Sanitary District, now known as the MWRD. This time capsule is to be opened in 2089, and Commissioner McGowan wants to make sure that, in case she isn’t around, the other Commissioners will continue to pass on the information so that the time capsule is not forgotten.

Observed by: Priscilla Mims Meeting Length: 1 hour 45 minutes

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Lack Of Quorum Requires MWRD Board To Reconvene On August 9

Water District Board Revises Bid Deposit Requirement

Water District Board Deals with Lease Issues at Board Meeting

MWRD to Study Bid Deposit Process

Water Reclamation Board Passes Amendment to Watershed Management Ordinance

MWRD Board Postpones Consideration of the Watershed Management Ordinance Amendment

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