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MWRD Corporate Boundaries Criteria for Participation in Green Infrastructure Projects to be Reassessed

10/28/2019

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Metropolitan Water Reclamation District (MWRD) Board Meeting
October 17, 2019

Items Discussed and Approved:

The board approved Item #46, 19-1027 granting staff the authority to negotiate intergovernmental agreements to assist 20 local municipalities and other governmental organizations with Green infrastructure projects. However, commissioners Garcia and Shore asked why some County municipalities could not participate and were told that they were outside the “corporate” boundaries. The MWRD corporate boundary is defined by its sewage treatment service which includes 95% of Cook County. However, its Stormwater Management Authority covers 100% of Cook County. Chicago Heights and Barrington projects were denied because they are located outside of corporate boundaries. Staff was asked to take another look at the roadblocks to participation as it seems unfair to these commissioners that these covered communities cannot participate because they are not in the defined corporate boundaries. Commissioner Davis requested methodology for granting projects be more equitable for underserved communities.
# 11, 19-1007 Board approved an increase of 100% for the cost of digging the TARP gate at the O’Brien plant. Depth is currently at the mezzanine level. Commissioner Spyropoulos asked if there might be another increase as they go even deeper. Answer: another change order may be needed and costs might rise.
#14, 19-0980 Authority to advertise contract for enhancements to the District’s new website. Commissioner Garcia asked that The Board be provided the list of enhancements and asked if this site will be fully functional in Spanish (not google translate).
#18, 19-1005 Authority to advertise for Safety Consulting Services on best practices. The District has put in place a newly appointed safety manager for 2020, Ed Carpinski.
#40, 19-1033 Approval to pay a Chicago Defender Invoice - Commissioner Garcia asked about using the Chicago Reader instead of the Chicago Defender that will cover 9 newspapers in print and digitally. Commissioner McGowan reminded the board that the Defender is used specifically to reach the African American community. Staff to look into the Chicago Reader.
#42, 19-1040 Report on Worker’s Compensation claim settlements. Commissioner Spyropoulos requested a report on correlation between safety prevention and workers compensation percentages for the last 3 years. Commissioner Shore asked if there was a remediation plan for unsafe transportation issues. Answer: YES.
#44, 19-1012 Report on Green Infrastructure. Commissioner Shore inquired if the Board receives an annual report in addition to required Consent Decree quarterly reports on green infrastructure projects. Guidance for where these projects are located was requested. What metric is used for the success of the locations where they have been installed? Ans: NA
#45, 19-1026 Authority to enter into a feasibility cost sharing agreement with the Army Corps of Engineer’s for a limited reevaluation of the Upper Des Plains River and Tributaries Study in the amount of $99,998. Concern centers on the Foxcom water diversion request.

Items Deleted from the consent agenda:

#13, 19-0937. Bagging services for the Stickney plant composted Biosolids. Deleted as decision was made to have bagging done on site rather than by a contractor. Item pulled until costs associated with decision can be brought to the board.
#24, 19-1014. Purchase order request for the delivery of Rock Salt. Commissioners asked that other options be evaluated for safety and cost criteria - staff reported that there has been little success in other areas of the country with alternatives that are environmentally safer. A question was raised over whether the cost of the $500,000 legal fees associated with the use of salt was factored into the evaluation of cost and safety. There is enough salt on hand for the early winter months.
#27, 19-1017. This was a request to issue purchase orders to furnish and deliver odor control chemicals and a delivery system from a new vendor. However, in public testimony, Mr. Nick Leonis of D3W Industries serving the Calumet plant since 2014 asked that this item be eliminated because the product chosen does not meet specifications. The Executive Director had already deleted the request for further evaluation, and Commissioner Shore requested a memo from D3W explaining the irregularities they have identified in the testing methodology of the new vendor.
#34, 19-1000. Without comment this authority to decrease a purchase order and amend an agreement with the University of Illinois to conduct four years of research of the use of perennial riparian grass buffer strip at the Fulton County site was deleted by the Executive Director.

Item Deferred:

#32, 19-0932 Garcia asked for a second deferment to increase a purchase order from $224,668 to $244,668 for Legal Services for Workers’ Compensation Defense. He asked for a complete list of law firms with whom the District has contracted for services.

New Business:

A 2021 Strategic Business Plan Committee has been formed including Commissioners Shore and Garcia, Executive Director Brian Perkovich, and department heads, Marianne Boyle, Susan Morakalis, John Murray and Catherine O’Connor

To view meeting agenda click HERE

Observer - Patricia Lind Meeting Length: 2 hrs. 30min

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MWRD Board Forwards Land Deal for Crestwood Casino Project

10/4/2019

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Metropolitan Water Reclamation District (MWRD) Board Meeting
October 3, 2019

What did the Board decide?

Approved 99-year lease for 44.4 acre property for Crestwood development project (AgendaI Item #16, 19-0992)

The board unanimously accepted an initial annual rental bid of $820,626 from the City of Crestwood. It is not clear if the lease is contingent on Crestwood receiving a casino license from the State of Illinois. The lease is for 99 years, a departure from the MWRD’s typical lease length of 39 years. There was no discussion of the 35% reduction in annual rent from the minimum $1,262,500 Commissioners authorized for this property at their August 8, 2019 meeting.
During public comment Chelsey Grassfield, policy specialist for Friends of the Chicago River, addressed the board, seeking vigilance in maintaining 60-100 foot required setbacks from the river and advocated use of sustainable landscape design when the MWRD reviews site plans for the 44.4 acre parcel bordering the Cal-Sag canal that the City of Crestwood will lease from the MWRD. The community is seeking a casino license to anchor development on this property. Ms. Grassfield said leaseholder’s focus should be on the health of the river and maintaining established waterway standards.
Later in the meeting Commissioner Cameron Davis inquired when the public would again be able to comment on sustainability and design of the development of the property. Staff said the MWRD would review site plans when they are available, and Commissioners could participate in the process.

2020 Regular Board Meeting Calendar approved (Agenda Item #1 - 19-0998)

Study of Affirmative Action hiring record deferred (Agenda Item #23 - 19-0993)

The MWRD is required to conduct a study of disparity in its Affirmative Action hiring practices. This item would have authorized request for proposals seeking an outside contractor to perform the analysis at an estimated cost of $200,000.
Commissioner Marcelino Garcia asked for this item to be deferred until he had time to discuss his concerns with staff. He said that he wanted this to be a meaningful accounting of the District’s minority hiring practices, and not just the minimum required by law. After supporting comments from Commissioners Frank Avila, Barbara McGowan, and Board President Kari Steele, the Board directed staff to schedule a study session for them on progress in minority hiring practices
Commissioner Garcia then asked to remove this RFP authorization item the Board’s agenda until after the study session.

Allocation for expert witness testimony deleted from agenda (Agenda Item #29 - 19-0952)

This item would have budgeted $200,000 for expert witness testimony in an ongoing lawsuit.
It was removed from the agenda without comment by Executive Director Brian Perkovich

Bio solids bagging contract deferred (Agenda Item #18- 19-0937)

The MWRD gives away biosolids (compost) to the public at its Stickney plant. People can take it away in their own containers, but the District pays to bag some of the material for distribution. This item proposed to seek and pay a contractor $45,000 over a 3-year period to pick up composted biosolids from the Harlem Ave. composting facility, transport them to an off-site location, bag it, and return the filled bags to the Stickney Plant.
In response to Commissioners’ questions, staff said the plan would produce 5,000 bags of compost per year at a cost of $15,000 per year. Commissioner Debra Shore asked for cost-comparisons between buying the bagging equipment and having MWRD employees do the bagging and outsourcing. Commissioner Barbara McGowan questioned the process of transporting the compost back and forth.
Commissioner Marcelino Garcia questioned the value of the project, saying that while it is very nice that the District gives away composted biosolids, the MWRD lacks a plan to monetize and distribute it products at scale. “We need to industrialize and sell the products we create,” he said. “We need a staff person who is dedicated to this idea, and who can move us forward.” The Commissioners agreed to defer this item until it could be more fully explored.

Other discussions of interest:

Commissioner Mariyana T. Spyropoulos questioned why certain contracts were rejected and why the District received so few responses to some requests for proposals. She asked if specifications for services were being too narrowly written. She suggested a look at procedures for contracting.
Commissioner Marcelino Garcia questioned if minority guidelines were being observed when the District added scope or funding to existing contracts. There were several items on the agenda that did add funds to existing contracts, and he highlighted them. Staff said that they would be attentive to this issue.

Observer - Laurie Morse Meeting Length - 2.5 hours

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Biosolids Processing Contract Reduction Approved by MWRD Board

9/29/2019

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Metropolitan Water Reclamation District (MWRD) Board of Commissioners Meeting
September 19, 2019

Board Actions:
The Board approved the authority to decrease the amount of a 20-year contract with Metropolitan Biosolids Management, LLC. to design, build, own, operate, finance, and maintain a 150 dry tons per day biosolids processing facility at the Stickney Water Reclamation Plant. After discussion and comments the Commissioners approved this contract price reduction of $2,301,917.50 from $199,537,840.13 to $197,235,922.63. (Agenda Item #41 19-0890)

Commissioner Davis wanted to understand why the decrease does not align with the original contract and why the devaluation. It was stated that due to a very wet spring and summer there has been a decrease in the amount of dry biosolids being processed. The amount of processed dry biosolids has gone from 120 Tons per day to 100 tons per day. This does not align with the original contract of 150 tons per day.
Public speaker, Mike Archer, stated that this could cost the taxpayer more money. Davis asked if next year is a drier year would this contact need to be amended. Answer from staff: the contract would be reviewed again. Commissioner Davis asked for a full report on this issue.
Mike Archer’s request for a meeting with staff was approved.

Action on deferrals from previous meeting:

Authority to advertise a contract for a pilot study of the Calumet Water Reclamation Plant with the goal of finding a cost-effective method to remove phosphorus from the effluent discharge which ends up in the Gulf of Mexico was passed. Commissioner Shore did want more information as to what happens to the phosphorus when it is removed. (Agenda Item #20 19-0819)
A resolution asking for authority to advertise a one-year contract to bid on legal notices the district issues such as original entrance and promotional civil service examinations, general contract, etc. Commissioner Garcia wanted to make sure this was advertised daily and well circulated. He is going to work with Procurement to make sure this happens. This was passed. (Agenda Item #21 - 19-0846)
A resolution to issue a purchase order and enter into a 3 year agreement with HR Solutions and Services LLC. for On-site Training Services; E.G., Sexual Harassment and other inappropriate Workplace Behaviors and Value of Diversity. The contract is not to exceed $296,700.00. Commissioners Garcia and Shore want to make sure this is the best training and stated they want to read the evaluation of this program when it is completed. This was passed. (Agenda Item #27 - 19-0801)

Items Deferred:
Authorization to exercise an option to extend an agreement for one year, for the professional legal services, of Valentine Austriaco & Bueschel, P.C. that represent the MWRD in connection with bankruptcy and collection matters. Commissioner Garcia questioned the choice of Law Firms. He wanted to know why they chose a firm that was not on list of firms that the MWRD regularly uses. It was stated that this firm specializes in this type of law and that is why they were chosen. There was much discussion on this issue and Commissioner Garcia wanted more information. It was deferred. (Agenda Item #17 - 19-0897)

Deleted Items:
1. Authority to advertise for a contract to provide Web Housing and support of Oracle Primavera software was deleted by the Executive director Brian Perkovich with no comment. (Agenda Item #25 - 19-0875)
2. Authority to commence statutory procedures to lease up to 75+ acres of District real estate located south of Lockport Powerhouse between the DesPlaines River and the Main Channel in Crest Hill, Illinois for installation of a photovoltaic solar plant. (Agenda Item #49 - 19-0913) This item was deleted for more information.

Commissioner Garcia wanted to know about this lease and why there were restrictions that this property be used solely for a solar plant.
Commissioner Shore also was concerned and suggested this be put to an RFP to the marketplace.
It was stated that a Task Force was formed consisting of engineers, law department and research department and they concluded that the best use for this land would be for a solar plant. This land would not be good for recreation or other uses due in part to difficulty in accessing this land, and it is near a Com-ed sub- station. This item could be on the agenda for the next MWRD Board Meeting in October.

Observed by: Nancy Marcus Meeting Length: 2 hours plus a 1 hour break for Executive Session

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Lack Of Quorum Requires MWRD Board To Reconvene On August 9

8/27/2019

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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 Corporate Boundaries Criteria for Participation in Green Infrastructure Projects to be Reassessed

MWRD Board Forwards Land Deal for Crestwood Casino Project

Biosolids Processing Contract Reduction Approved by MWRD Board

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

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