Category: Independent Inspector General MWRD

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 Reclamation Board Approves Intergovernmental Agreements for Green Alley Improvement Projects

3/24/2019

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Metropolitan Water Reclamation District (MWRD) Board Meeting
March 21, 2019

What did the Board decide?

The Board approved Intergovernmental Agreements with seven communities for Green Alley Improvement Projects.

What else did the Board discuss or refer to committee?

Board deferred again a contract with a company that some commissioners felt had companion corporations with numerous violations. They directed legal to contact Indiana EPA to see if they had any concerns about their track record.

Unexpected Votes, Events, Testimony or Items to Watch for in the Future

In New Business, Commissioner McGowan noted she had met with the prospective Inspector General candidate. She would be requesting a meeting with legal to discuss whether she should vote on this issue when it does come to the Board.

Any Other Comments or Observations

MWRD received the Government Finance Officers Award for a Distinguished Budget Presentation for the 2018 Budget.

Observer - Peggy Kell Meeting Length: 47 min + 1:19 min

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Water Reclamation Board Continues to Discuss Method of Selecting an Inspector General

2/20/2019

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Metropolitan Water Reclamation District (MWRD) Board Meeting
MWRD Study Session on Board of Commissioner Meeting Rules and Committee Structure
February 7, 2019

What the Board Discussed:
Comm. McGowan requested a status report relative to the intergovernmental agreement (“IGA”) between the MWRD and the Cook County Inspector General (“IG”).

The General Counsel reported that the Cook County IG’s final edits of the draft IGA would be arriving soon, noting later in the discussion that there had been back and forth in the interim.
Commissioner McGowan suggested an RFP (Request for Proposal).
Commissioner Shore stated the route of an IGA had been unanimously agreed to by the Board last year while preserving the right to pursue hiring its own IG in the future.
The MWRD Legislative Liaison was asked to address the Board. He stated the current route pre-dated the new Board, and if the Board now wanted its own IG, it would take time to evaluate legislative models, but recommended against taking the issue to the state legislature. The General Counsel noted that a statutory change was needed for the MWRD to hire its own IG, and that using the RFP route would not give the IG subpoena power, but that subpoena power would probably not be needed often given other information gathering methods existed.

Requests Made by Commissioners Relative to Selecting IG:

Comm.Kari K. Steele requested the timeline for an RFP for an Inspector General position
Comm. Justina Morita requested the Board receive information from the past Study Session on Inspector General.

Study Session Discussion:

There was a PowerPoint presentation on statutory responsibilities, types of MWRD board meetings, governance, and committee roles in practice.
The PowerPoint raised a consideration point relative to transmittal letters to the board for inclusion with the agendas. Commissioner Davis requested that the letters not be issued over Committee Chairs’ names since the Executive Director was, in practice, the proponent. Others proposed this procedure be limited to letters not circulated with the draft agenda since Commissioners had time to review those before publication.
There was also discussion of larger substantive issues relative to committee roles,
The MWRD Summary of Requests: (1) the Board consider removing the Chair person from letters; and (2) no new items be added to the draft agenda unless labeled an emergency.

Items to watch for in the Future:
Further discussion of:

the IGA for an IG,
RFPs relative to the IG,
transmittal letters to the Board
Board committee roles.

Observer - Marjy Gilbert Meeting Length: 1.5 hour Board Meeting; 1 hour Study Session (

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Water Reclamation Board Approves Negotiations to Hire Cook County's Independent Inspector General Services

5/25/2018

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Metropolitan Water Reclamation District (MWRD) Board Meeting - May 17, 2018

What did the Board decide?

After a year of discussions and education, the Board gave authority to its staff to enter into discussions with Cook County to explore terms related to authorizing Cook County’s Independent General to serve as MWRD’s Inspector General. Congratulations to Board Chair Spyropoulos and Board member Shore for their leadership on this issue. (Agenda Item 31 (18-0493))
The Board also approved Ordinance PWR 18-001 establishing the prevailing wage for the MWRD covered employees the same as that for Cook and Fulton County. The Illinois Department of Labor will publish the prevailing rate schedule. (Agenda Item 48)
Approved a $2 million purchase order with V3 Companies of Illinois, Ltd for engineering services for Contract #18-848-5F, Program management of Stormwater Master Planning in Separate Sewer Service Area. In recommending the purchase order, the District said “The District has completed five Stormwater Master Plan Pilot Studies. The findings of these studies indicated that to provide structural protection from a 100-year flood event would require exorbitant investments by the District and local communities if traditional gray solutions or even solutions that blend green and gray infrastructure were utilized. Coupled with the experience gained in the on-going Phase II Flood Control Project in the Village of Robbins, it is increasingly evident the District needs to broaden its traditional approach to managing stormwater by identifying collaborative opportunities….” Contract deliverables are: 1) Summary of stormwater data collected from communities and prioritization of future study areas; 2) guidance document for stormwater master planning in separate sewer areas; and 3) individual study profiles to assist in developing RFP’s for future master plans.

Just before ending the board meeting before noon, Commission McGowan asked for an Executive Session (ES) to discuss an employee discipline problem. At 1:09 p.m. the ES was still in progress with no notice as to when it would break to reconvene the Board meeting. This Observer left the meeting but checked in later that day to determine that the Board did approve its consent agenda as modified which included the above three items.

Observer - Diane Edmundson Meeting Length: 3 hours +

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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

Water Reclamation Board Approves Intergovernmental Agreements for Green Alley Improvement Projects

Water Reclamation Board Continues to Discuss Method of Selecting an Inspector General

Water Reclamation Board Approves Negotiations to Hire Cook County's Independent Inspector General Services

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