Category: MWRD

Water District Board Agrees to Support Settlement Between Contractors and Attorney General

1/6/2019

Metropolitan Water Reclamation District (MWRD) Board Meeting - December 20, 2018

Approved by the Board
After more than an hour in executive session to discuss the terms of a negotiated settlement between two MWRD primary contractors and the Illinois Attorney General, the board ultimately agreed to support the settlement. Its primary reason seems to be that if the settlement was not approved, the contractors would be legally able to bid on new contracts. (Agenda Item #29)

The basis of the investigation and settlement falls under the Illinois False Claims Act and specifically the claim by the principal contractors that a sub-contractor was falsely listed as a minority and small business enterprise but was materially not used.
In settling, the Attorney General required the primary contractors to “each enter into a Compliance Agreement with the District for three 3-year terms. Included is the appointment of a corporate compliance officer familiar with the District’s affirmative action requirements; the retention of an independent monitor that will submit periodic reports directly to the district for work on District contracts; conduct six training sessions, and commit to increased utilization goals on any upcoming District contracts…. Further, one of the contractors will voluntarily not participate in any District contract lettings for a period of six months”.

In providing authority to advertise for native prairie landscape maintenance at various District service areas, Commissioner Shore specifically asked that the contract stipulate the exclusion of the use of the Round-Up herbicide, and Commissioner Avila stated that he wants the contract to be a role model for the proper use of herbicides.

Deferred by the Board
Without explanation, Commissioner McGowan requested and received a deferral on another resolution asking for authority to settle potential delay claims against the District arising out of various steel procurement issues for the McCook Reservoir Des Plaines Inflow Tunnel. (Agenda Item #32)

Observer - Diane Edmundson

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Water District Board Faces Questions About Lack of Insurance at Time of Calumet Explosion

12/8/2018

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Metropolitan Water Reclamation District (MWRD) Board Meeting - December 6, 2018

This was the first Board meeting attended by the 3 new Board members elected in November: Cameron Davis, Kimberly DuBuclet, and Marcelino Garcia. All actively took part in the meeting, which was notable more for the discussion that occurred, than for the decisions made.

Issue of Property Insurance

During the Public Comment portion of the meeting, Michael Archey raised concerns about the timing and process followed by the District regarding the Purchase Order for Furnishing Property Insurance Coverage (Item 18: #18-1234) and said he would welcome the opportunity to speak more on this issue if invited by the Commissioners. Commissioner Davis did invite him to so speak when the item was being considered. Mr. Archey said that a prior Purchase Order for greater coverage (with a lower deductible and a higher premium) had been presented to the Board first at the June 21 meeting where it was deferred. The Board then unanimously voted to delete this item at the July 12 meeting (Item 28: #18-0560). While the Board is self-insured, starting in 2013 the Board began purchasing “excess” coverage in the event of a catastrophic event. As explained at the June 21 meeting, the Board has $30 million to cover losses, but has $11 billion in property assets.
The prior property insurance policy expired on July 17, 2018. The explosion at the Calumet Water Reclamation Plant, which injured workers and the plant, occurred on August 30 when no policy was in effect.
Mr. Archey said that the Board’s failure to timely enter into a new policy left taxpayers exposed to footing the bill for the costs associated with the Calumet explosion. He urged that the Board look into the reasons for the delay in obtaining coverage and why the current proposal is better than the one in effect rejected (by virtue of the Board deleting the item) in July, even as he welcomed the Board approving this item to reduce future taxpayer exposure.
The Board did approve the new insurance policy with no further discussion. Question: should/will the Board follow-up on the issues raised by Mr. Archey?

MBE/WBE Paricipation

Commissioner Garcia made clear that one of his primary focuses will be on increasing the use of Minority and Women Owned/Run Business Enterprises (“MBE/WBE”) in contracts and purchase orders at the MWRD. Accordingly, Commissioner Garcia inquired about participation by MBE/WBE with all contracts and purchase orders presented for approval by the Board. He questioned whether the District could become more creative in seeking such participation.
All such contracts and purchase orders were ultimately approved as presented, but expect to hear more about this in the future.

Award to Chicago Tribune

Ultimately, the Board approved using the Chicago Tribune for publishing legal notices and invitations to bid for a one-year period beginning January 1, 2019 for $56,000. The Sun-Times, the low bidder by $1,400, was disqualified because the paper did not have a minimum daily circulation of 100,000 as set by the request for proposal (“RFP”). (Other, much higher, bids were from the Lawndale New Group for $196,000 and from the Chicago Defender Newspaper for $227,500.) During the discussion, the Commissioners expressed concern that this requirement (which is there to ensure wide circulation) currently results in only the Tribune being qualified to win such an RFP. The Sun-Times misses the threshold by 407. The Tribune has a circulation of over 400,000.
Staff did say that the District uses other outlets, including online services, to get the word out about employment and contract opportunities. The Commissioners asked for a list of such online sites and other publications being used and will provide a list of others that the Commissioners think the Staff should consider. In addition, the Staff is to provide information on the history of the circulation requirement and the circulations of publications.
Commissioner McGowan lifted her request for deferral of awarding this contract because the Board did not have the ability to change the circulation requirement for this RFP that had been previously approved to be issued. Thus the award was approved. (Item 24: 18-1254)

Observer - Priscila Mims
Length of meeting: 2 hours, 5 minutes, including a 5-minute break and 25-minute Executive Session.

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Easement Controversy Over Road Construction on North Shore Channel Property Dominates Water District Board Meeting

11/4/2018

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Metropolitan Water Reclamation District (MWRD) Board Meeting - November 1, 2018
Commissioners present: all except Josina Morita.

Public Comment time at this meeting concerned the following.
Summary of Issue:
The Cook County Dept. of Transportation made a request for an easement for a road to be built across the tenth hole of Canal Shores Golf Course in Wilmette. The Keefe Trust is the actual party benefiting from said easement. The Trust purchased the property several decades ago with the knowledge that there was no road to the parcel. Since the Wilmette Park District leases the land which contains the golf course, the Keefe Trust applied for permission to build a road across the tenth hole of the course, running alongside existing houses at Golf Terrace. Wilmette Park District denied application stating this was a use of public land for private profit.
It is unclear why Cook County and its transportation department became involved and made this request to the MWRD Board when the beneficiary of the easement grant would be the Keefe Trust.

Public comment:
Thirty-three citizens against the easement testified over a period of three hours, making the following points:

Ecological concerns-construction would destroy wetlands & wildlife habitats
Canal Shores, a public course, has been used by residents of Wilmette and Evanston for 100 years. It is a great recreational resource for the community.
Protection of green space is a public good now more than ever.
Course is used for bird watching, cross country skiing, walking, not just golf.
This is a good governance issue. This is public land preserved for the use of the public. Taking this land for the benefit of one private developer is not defensible.
Taxpayers will end up bearing the cost of the road and its maintenance.
Fear of litigation from Keefe Trust is no reason to grant the easement.
This will not increase tax revenues because the road will cause existing properties to lose value.
Wilmette Park District counsel stated that they will not stand for a decision that violates the terms of the lease.
Building a road will cause more flooding of basements in the area.
Golf Terrace homeowners will be harmed by this decision. They will have a road in front and behind their homes, resulting in safety issues for children and a loss of property values.
The connection between the Keefe Trust and the law firm of Senate President Cullerton was raised. Is political connection being used to exert pressure on commissioners?

Comments/questions from Commissioners:

There was confusion over who would actually pay for the road and its maintenance. John Yonan from the CC Highway Dept. was not able to give a definite answer. He suggested there might be a public/private partnership.
Commissioner Walsh warned of litigation if the easement was not granted. Also, he seemed to feel it was somehow wrong to deny a request from another governmental body, in this case Cook County Transportation Dept.
Commissioner Shore asked for an estimate of the cost of building the road. Yonan said there were too many variables and he could not answer at this time. Ms. Shore was confused as to why Keefe was involved if it is a Cook County request. She also suggested it was hard to see how building a road furthers the mission of the MWRD - that is, to protect water and to manage flooding.
Commissioner Dunkin was visibly upset about spending three hours of board time on testimony about a sliver of a golf course in a wealthy area of the county. He said areas like Englewood receive little attention, though there is great need, while elite areas of the North Shore get an inordinate amount of attention. He called for a vote up or down and then movement to matters of more importance.

Commissioner Avila moved to defer this issue, and this ended the morning session.

Observer - Georgia Gebhardt Meeting length: three hours (10:45 a.m.-1:45 p.m.)

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Water District Puts Bio-gas Development on Hold Pending Review of Energy Security Goals

10/19/2018

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Metropolitan Water Reclamation District (MWRD) Board Meeting - October 18, 2018

What did the Board decide?
Since 2015, the MWRD has worked with potential partners to increase bio-gas production and use at Stickney and Calumet plants. Today the Board, at staff’s request, paused the development process, voting not to accept responses to the District’s 2016 and 2017 requests for proposals.

Three public speakers, including James D. Harrington, legal counsel for Green SEED Energy, addressed disappointment that the District would summarily abandon plans for these projects, which promised environmental and job benefits to the Calumet Community. He said SEED had met for years with staff and was blindsided when no proposal was accepted.
Commissioner Dunkin asked staff for clarification after removing the items (#11 and 12) from the consent agenda.
Commissioner Shore questioned why the District was reversing a project compatible with its energy-neutrality goal.
Acting Executive Director John Murray said the District did not wish to pursue individual projects without an over-arching policy in place. He said staff would work with the Board to formulate policy in the areas of resource recovery, energy security, environment, while considering the District’s own needs for the gas. He’d like the Board to formulate a vision on these topics, starting with a study session in the first quarter of 2019 “and then we can start again,” he said.

What else did the Board discuss?

There was a resolution and speaker recognizing Breast Cancer Awareness month, introduced by Commissioner McGowen.

Items to watch for in the Future:

Item #47, a request from the Cook County Department of Transportation for an easement to construct a public road across lands leased by the Wilmette Park District, and used as the 10th hole of the Evanston-Wilmette Community Golf Course (Canal Shores), was pulled from the consent agenda by Executive Director Murray. The road is meant to access a land-locked real estate parcel owned by the Keefe Family Trust. There were numerous comments urging the board to oppose the easement (a vote is expected as soon as the November 1, 2018 meeting). Representatives of Go Green Wilmette; Friends of the Chicago River; Brian Abbott, commissioner of the Wilmette Park District; Natural Habitat Evanston; and from the Golf Course all spoke against the road.

Other Comments or Observations:

MWRD investments for various district operating funds totaled $850 million on September 30. Average annual yield on these investments in September was 1.165%.

Observer: Laurie Morse Meeting Length: started at 10:30 and went into Executive Session at noon.

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Water District Board Hears Objections to Cook County Highway Department Request for Access Road

10/13/2018

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Metropolitan Water Reclamation District (MWRD) Board Meeting - September 20, 2018

Public Comments

Three speakers, Leslie Shad, Natural Habitat Evanston and Citizens for Greener Evanston; Brian Abbott, Commissioner from Wilmette Park District; John Olvany, resident and Wilmette Park District Commissioner, all urged the MWRD Board to oppose a potential request from the Cook County Highway Department for an access road, which they believe will only benefit a private developer. Shad and Abbott expressed concern about the impact of the proposed road on the Canal Shores Golf Course, which is a recreational destination beyond golfing. Additional concern was expressed about the desire to preserve the habitat.
George Blakemore expressed concern about the lack of public input into the search process for Executive Director.
Mike Archey from GTM Strategies expressed concern about the procurement process.

Board Actions

#18-0922 – A motion to adopt a policy providing parental leave to Commissioners was removed by a vote to delete from the consent agenda. This item had been deferred at the 9/6/18 Board meeting. Reports Filed
#18-0953-This item prompted discussion after Commissioner Dunkin raised questions about the number of change orders on a west side project in a brief period of time. Mr. Murray provided an explanation on the process for approving change orders. Report from Engineering Committee
#18-0946- Declaration of an emergency and ratification of execution of contracts to conduct an investigation into and repair damage caused by the 8/20/18 roof collapse at the Calumet Water Reclamation Plant. In response to questions, Mr. Murray provided an overview of the scope of the necessary work, ie. removal of debris, building walls before winter to protect equipment. He also indicated that the contractors’ work on this project is being monitored by MWRD staff. Report from Maintenance and Operations Committee
#18-054 – Authority to enter into an Intergovernmental Agreement (IGA) with and make payment to Leyden Township. Question was raised about an IGA with a township, which is unusual. The response was the project is in an unincorporated area, where there is no municipality. In response to Commissioner Dunkin’s question regarding, when the project will be completed, the project should be finished in 2019. Authorization approved.

Other Comments

Mr. Murray provided an update on the employees, who were injured in the Calumet explosion. All employees have been released from the hospital; however, one employee is in rehabilitation.

Items to Watch for in the Future

While not an item, the potential request by the Cook County Highway Department to construct a roadway has significant community interest especially due to its potential negative impact on recreational and environmental assets.
#18-0922 – Policy providing parental leave for Commissioners

Observer - Diane Hodges Meeting Length - 1 Hr. 20 Min.

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Water District Board Takes Closer Look at Capital Expenditures in Study Session

9/22/2018

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Metropolitan Water Reclamation District (MWRD) Board Meeting - September 6, 2018

Board Votes/Decisions:

Four Resolutions [#18-0844,47,49,50] with reports on rejection of proposals dealing with bio-fuels recovery and delivery were removed from the agenda by the Executive Director pending further discussion. At the post meeting study session on capital expenditures in 2019, the Executive Director (ED) said the District is not abandoning resource recovery or biofuels, but it is at a “reset to look at it all holistically”.
An Executive Session was called during the meeting with one of the items being a discussion of the District’s information security procedures. After which, approval was given to increase a current contract for an Emergency Forensic Cyber Audit of the District’s information Technology System.
Under Stormwater Management, the board approved payment to the Chicago Park District for the construction, operation, and maintenance of green infrastructure at three parks in Chicago. The Board also awarded payment to several other communities and entities for “green infrastructure” improvements.

Items to Watch for in the Future:

#18-0832 - Authority to advertise an $8 to $10 million dollar contract for replacement of stop logs, gates, and other equipment at the Lockport Powerhouse was deleted by the Executive Director. No reason given.
#18-0923 – Request to recognize the authority of the Governor to fill the vacancy of Commissioner Bradford by the appointment made on March 23, 2018 was removed from agenda. (Note: The Governor moved David Walsh from his appointed board seat to fill Mr. Bradford’s and then appointed Kenneth Dunkin to Walsh’s board seat.)
#18-0922 – Requesting that board members receive parental leave was deferred

Other Comments or Observations:
1. The Board took several minutes to talk about the recent Calumet explosion where one employee was trapped when part of the roof collapsed. Employees and the fire and police departments were lauded for their prompt and efficient response. An independent Review is underway.

2. Following the Board Meeting, a Study Session was held to present progress to date and 2019 projections for major capital expenditures dealing with infrastructure and equipment upgrades and stormwater management measures.

This includes odor control upgrades at the Calumet and Stickney plants.
No actual expense projections were included in the public presentation.
Commissioner Dunkin asked about minority contracts followed by response: 1.) Ex. Dir. Murray said that going forward the District will try to reduce the size of contracts to make it more feasible for minority organizations to bid. 2.) Staff will prepare a summary of minority contracts that have been awarded over the last 3-4 years.

To see video or read the minutes of this meeting click here: mwrd.legistar.com

Observer - Diane Edmundson Meeting Length: 2 1/2 hours

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<<Previous

Water District Board Agrees to Support Settlement Between Contractors and Attorney General

Water District Board Faces Questions About Lack of Insurance at Time of Calumet Explosion

Easement Controversy Over Road Construction on North Shore Channel Property Dominates Water District Board Meeting

Water District Puts Bio-gas Development on Hold Pending Review of Energy Security Goals

Water District Board Hears Objections to Cook County Highway Department Request for Access Road

Water District Board Takes Closer Look at Capital Expenditures in Study Session

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