Category: Real Estate Issues

MWRD Board Requests More Background Information on Several Agenda Items

3/18/2020

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Metropolitan Water Reclamation District (MWRD) Board Meeting
March 5, 2020

Approved Items with Discussion:

#9, 20-0181: Discussion took place about the transfer of the $20,000,000.00 of Accumulated Investment Interest Income to the MWRD Retirement Fund. Questions were asked about the use of minority owned investment firms and in what way these funds will be allocated for investments. The outside investment manager is Marquette Investment; Commissioners asked what they charge for their services.
#23, 20-0207: Authority to lease 14.02 acres of improved District real estate at 6400 South Archer Avenue in Bedford Park, Illinois; Main Channel parcel 33.01. Currently, there is a tenant on the property. The Board requested more information.
#33, 20-0209 Discussion about the authority to amend the easement agreement dated March 24, 1949 between the District and Cornerstone Properties (successor in interest to ComEd) to use and maintain District owned portions in Stickney and Forest View. Commissioners questioned Com Ed’s obligation to alert the District about any problems occurring and would like this to be included in the new agreement.

Deferred or Deleted Items:

#13, 20-0177 Deferred by Commissioner Davis - more information was requested regarding why this money is sent to a law firm instead of directly to the Coalition and who the Coalition members are.
#14, 20-0205 Deferred by Commissioner Garcia - Much discussion took place about the relationship of this engineering project to the future Lincoln Yards Project. The Commissioners were assured that the project would have taken place because of TARP’s inadequate connections and are looking for others that need correction. The Commissioners requested more information.
#15, 20-0184 Ex. Director deleted a request to advertise for Scavenger Services estimated cost of $3,883,400.
#31, 20-0217 Deferred by Commissioner Garcia - More information was requested before the reappointment of Jose Lopez as Commissioner on MWRD’s Ethics

Commissioner Requests

Mr. Garcia requested a list of minority investment participation
Ms. Shore requested new leases include additional notices to the District
Mr. Davis requested the Diversity Department provide the Board message ready notices for district events.

All Commissioners were present

Observed by: Pat Lind Meeting Length: 1 hr. 45 min.

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Boundary Issues for Voting and Services Discussed at MWRD Board Meeting

2/28/2020

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Metropolitan Water Reclamation District (MWRD) Board Meeting
February 20, 2020

Board Action:

Agenda Item 38. 20-0053 A. At the February 6 Board Meeting, the board asked to split this agenda item, the MWRD Legislative Initiative for Springfield, into 2 sections and deferred the resolution. In this meeting, the board approved Initiative #1 that would amend the District’s enabling ordinance to allow the Board to transfer excess revenue from any source legally available to the pension fund. Initiative #2 - to request amending the enabling ordinance to allow all Cook County voters to vote for MWRD commissioners regardless of whether they reside within the MWRD area - was deleted.
Agenda Item 29. 20-0169. The authority to issue a three month permit to Commonwealth Edison Co. to use 10,000 sq. ft. portions of land parcels in Bedford Park as helicopter landing zones for delivery and access to its transmission line. Further consideration of tree removal along with reclamation and remediation for the parcels will be built into the permit. This was approved with consideration that there be a $5,000.00 annual fee
Deleted Agenda Item: - Item 10. 20-0149 Authority to Furnish and deliver Sodium Bisulfite. No venders met the criteria for compliance. Commissioner McGowan asked if minority firms were contacted.
Deferred Agenda Item: Item 24. 20-0097 was deferred for a second time. The authority to award contracts to furnish, deliver and install an upgraded operator for TARP Gate 1 at the O’Brien Water Reclamation Plant.
Nine Resolutions were presented honoring February’s Black History Month and several individuals.

Public Comments:

Sally Stone and Rob Sulski spoke on behalf of land parcels 34A and 34C in Glenview and Northbrook regarding the lack of care and management of parcel 34B. Invasive plant specie’s seeds are flowing downstream and creating contamination problems in the other two parcels. Those two communities have volunteers that maintain those parcels. They suggested mowing earlier and often. The Board agreed to follow up with answers by the end of the week and agreed to consider community help.

Commissioner Request:

Commissioner Cameron Davis requested that in the future, proposed Ordinance resolutions be published at least 30 days in advance of board review or vote for public notice and comment.

All commissioners except Garcia were present. He arrived for the 1:00 p.m. Study Session covering the Affirmative Action Disparity Study Report.

Observed by: Pat Lind Length of Meeting - 2 hrs.

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MWRD Board Approves Amendment to Ethics Ordinance

1/25/2020

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Metropolitan Water Reclamation District (MWRD) Board Meeting
January 23, 2020

Board Decisions:

The Amendment to the Ethics Ordinance of the MWRD of Chicago was passed unanimously without discussion. Commissioners Shore and Steele expressed how gratified they were to see this come to fruition.
There were a considerable number of items that requested an increase of existing purchase orders. The authority to increase the purchase order with the law firm of Neal & Leroy came under scrutiny from several commissioners. Commissioner Davis stated that these orders came up for change too often because they did not adhere to the fee policy of 2018. He suggested three choices: live within the policy, eliminate it or amend it. Commissioner Garcia observed that the board was not sufficiently well prepared and in possession of all the necessary facts before being asked to render decisions. There is a need for more timely response from staff when commissioners have questions. VOTE: 7 ayes 1 nay (Davis)

Board Discussion:

Commissioner Shore raised concerns with (pipeline) perpetual easements and their risk to the MWRD. Given that they are perpetual, can they be renegotiated to respond to a change in risk. The MWRD attorney said renegotiation was unlikely, but these easements still must meet insurance requirements and compliance expectations. All pipelines have IEPA and EPA requirements they must meet. Commissioners Shore and Morita expressed a need to review perpetual pipeline agreements and to address at a policy level.
State of Illinois 2020 Legislative Program. The deadline to submit this program was January 24, 2020 (the following day). While the commissioners were in support of the program, several expressed some frustration that there was no time to address their questions given the deadline. They were reassured by the legislative head that there were already shell bills in place, allowing for flexibility. Legislative initiative #2 was deemed particularly important because it would allow registered voters outside the District’s corporate boundaries to vote for the MWRD commissioners. Item deferred at Comm. Garcia's request. (Agenda Item #36,0053)

Observer - Georgia Gebhardt

Report corrected 1/27/2020 to note item #36,0053 was deferred

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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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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 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 Board Requests More Background Information on Several Agenda Items

Boundary Issues for Voting and Services Discussed at MWRD Board Meeting

MWRD Board Approves Amendment to Ethics Ordinance

MWRD Board Forwards Land Deal for Crestwood Casino Project

Lack Of Quorum Requires MWRD Board To Reconvene On August 9

Water District Board Deals with Lease Issues at Board Meeting

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