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Water District Board Deals with Lease Issues at Board Meeting

7/5/2019

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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Water District Board Adopts Cook County Independent Inspector General Ordinance

4/22/2019

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Metropolitan Water Reclamation District (MWRD) Board Meeting
April 18, 2019

What did the Board decide?

Agenda Item 019-003 - Adoption of Cook County Independent Inspector General Ordinance for services to the MWRD

Discussion of the proposed Inspector General ordinance centered on who will receive summary reports from investigations, including an investigation of an individual commissioner. The Cook County ordinance sends them to the “chair and applicable personnel.”
Commissioners Shore and Davis were concerned that confidentiality be protected and that the report not be distributed to the entire board. Patrick Blanchard, head of the Cook County Office of the Independent Inspector General, gave assurances that only the Board president, applicable personnel, and the involved individual would receive the report. Indeed, the individual under scrutiny would need to submit a written request before the report could be released. Blanchard also assured the commissioners that the quarterly reports, sent to the entire board, would have no identifying information that would cause a breach in confidentiality.
Commissioner McGowan expressed concern that the term, “chair and applicable personnel,” was too general. MWRD counsel stated that there was specific language in the ordinance delineating precisely who was on the list to receive information.
Public Comment: Representatives of four organizations made statements in support of the ordinance: League of Women Voters of Cook County, the Civic Federation, the Better Government Association (BGA), and Reform Illinois.
Before the final vote, all commissioners went on record with their full support for the role of the Independent Inspector General and the importance of transparency in government. The final vote accepted the Cook County ordinance without amendments. Vote: 9 ayes 0 nays

Agenda Item 19-0319

The Energy Efficiency Project under the Agreement with the Public Building Commission of Chicago was discussed again, after having been considered at the last meeting.
Commissioner Shore reiterated support for lighting efficiency but still had questions about why this needed to be contracted out. Staff stated that it could be done in-house, but would take significant time away from other jobs.
Commissioner Shore said that it’s a fact that there will be savings from the project, so there is no need for an outside group to guarantee this. Doing it in-house would save the commission fee. Commissioner Steele said that they are now in the third phase of the project and might have to pay a “walkaway” fee of $175,000. Shore pointed out that $375,000 would be saved, even if the “walkaway” fee applied.
Final vote: 8 ayes 1 nay

Board adjourned and went into executive session to discuss open meetings and retention of legal counsel.
Regular MWRD Board meeting convened after executive session.

New business:

Commissioner Shore expressed concern about the effect of the Fox-Conn project on Des Plaines River flooding in Cook County. She requested that staff research this.
Commissioner Avila expressed interest in increasing the dollar amount that would trigger projects that must come before the Board for consideration.
Commissioner Garcia urged all commissioners to sign a letter opposing the citizenship question on the census form.

WORKSHOP ON STORMWATER MANAGEMENT followed. The topic of the session was the proposed 2019 Watershed Management Ordinance.

MWRD engineering department gave a presentation. Commissioners Shore and Davis asked about water quality. It is not mentioned in the act. Staff replied that the EPA had jurisdiction, but that commissioners could request a study if they wished.
There was some discussion about the technical guidance manual. Commissioner Shore was concerned with moving items outside the ordinance. Her concern was that this might weaken those items and be open to challenge.
Shore asked what appeal process does the general public have? Answer: the WMO has a limited appeals remedy. Only the one with the permit can appeal. Commissioner Davis joined Shore in concerns about water quality and the appeals process.

Observer left the workshop at 3pm while it was still in session..

Observed by: Georgia Gebhardt Meeting Length: 90 minutes

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Water Board approves Watershed Management Amendment Unanimously

4/7/2019

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Metropolitan Water Reclamation District (MWRD) Board Meeting
April 4, 2019

Several items were discussed during the Committee of the Whole.

(Agenda Item 19-0319) This involved a purchase order and an agreement with the Public Building Commission of Chicago to implement Energy Efficiency Projects. Commissioners Garcia and Shore questioned the amount of savings and return on investment. Shore questioned whether the contract management was worth the fees and asked if the energy audit could have been done in-house. The PBC charges a 7% fee for contract management. Staff indicated that a walkaway fee would apply and would negate any savings.
(Agenda Item 19-0329) This contract involved post award services. Part of those services is to verify results. Commissioner Davis questioned the wisdom of the contractor verifying its own results. Wouldn’t an independent provider be better suited to do this in the future?
(Agenda Item 19-0241) This contract for Hazardous Waste Disposal has been deferred the past four meetings. Commissioner Davis stated he was still uncomfortable with the contract and would vote to abstain. He said there was a need to look at best practices in contract awarding in the future. The final vote: 6 ayes, 1 nay, 1 abstention, 1 present.

At noon the Board went into executive session for 30 minutes to discuss a matter under litigation.

When Board reconvened for the regular board meeting, the following two items were announced:

Commissioner Morita received a Water Impact Award.
Status of the Inspector General was announced. All comments are due next Wednesday, April 10. The item will appear on the agenda of the April 18 board meeting or the May meeting. Commissioner McGowan informed the board of her possible recusal when the Board deals with this issue.

Observed by: Georgia Gebhardt Meeting length: 10:30-12:40 Executive session: 30 mi

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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

Water District Board Adopts Cook County Independent Inspector General Ordinance

Water Board approves Watershed Management Amendment Unanimously

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