Category: Real Estate Issues

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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Environment Loses But Veterans Gain at Water District Board Meeting

11/20/2018

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Metropolitan Water Reclamation District (MWRD) Board Meeting - November 15, 2018

What the Board Decided:

Many of the same November 1st board meeting speakers against the MWRD authorizing an easement to the Cook County Roads and Transportation Department for the environmentally vulnerable Canal Shores land in Wilmette and Evanston, spoke again at this meeting. However, the board voted 5-4 to grant the easement. Commissioners Voting Yes: Dunkin, Durkin, McGowan, Steele, and Walsh. Commissioners Voting No: Avila, Morita, Shore, and Spyropoulos. Messrs. Dunkin, Durkin, and Walsh are leaving the board as a result of the November election.

Several board members publicly recognized the overwhelming opposition to granting the easement, but decided to follow the recommendations of the MWRD legal department and do so. It is expected that the organizations, including the League of Women Voters of Evanston and Wilmette, and individuals who asked for a NO vote on the resolution [Agenda Item #18-1159] will now turn their attention and opposition to the Cook County Board of Commissioners where some members of the MWRD board believe it should be decided.
One concern raised was the proposed five foot elevation of the road increasing greater runoff for those wetlands connected and the houses now bordering the canal along with the loss of woodland and wildlife.

MWRD Commissioners also approved Resolution #18-1147 adopting a policy to provide contractor opportunities for Veteran owned and operated small businesses. The board would require the Veterans to be honorably discharged, released due to hardship or disability and be a member of the Armed Forces for at least six months to qualify. The goal is that at least 3% of MWRD contracts will be awarded to Veteran run businesses. Small business, women’s, and minority enterprises will still receive the current mandates and will not be impacted by the additional 3%.

Observer - Patricia Lind Meeting Length: 3 hours

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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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Independent Experts Sign Off on Water District's 2017 Financial Audits

6/17/2018

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Metropolitan Water Reclamation District (MWRD) Board Meeting - June 7, 2018

The Board accepted the report on the 2017 Comprehensive Annual Financial Reports of the MWRD of Greater Chicago and the MWRD Retiree Health Care Trust. The report was “unmodified” which means it is the best attainable measure with no material weaknesses or deficiencies.

President Spyropoulos welcomed newly appointed Commissioner Kenneth Dunkin; but because of certain allegations made while Mr. Dunkin was an Illinois House Representative, she then went on to state the MWRD’s intolerance for any type of harassment of employees, fellow commissioners, or anyone else. While both were gracious, Mr. Dunkin did respond that the body should be careful not to give credence to what he called baseless allegations. Mr. Dunkin is Gov. Rauner’s appointee through the November election.

Decisions Made:

With the exception of four items that were removed from the consent agenda, all remaining items were routine and approved. Item #24 which was a request to advertise for a $5 million contract for small stream maintenance was included. However, Commission Shore did request that the staff look into the destruction of beaver dams on a case-by-case basis as it works with the contractor to remove debris. She referred the staff to the Humane Society’s publication on alternative techniques.
The Board approved the May 22, 2018 appointment of Mr. John P. Murray as Acting Executive Director of the MWRD. No further explanation was given, and Mr. St. Pierre is on leave. Mr. Murray held the position of Director of Maintenance and Operations.
The Acting Executive Director and appropriate staff agreed to a meeting with an Evanston community group to address the issues they raised at the meeting regarding the lease that the MWRD signed with Evanston on January 4, 2018 for land that was supposed to be designated as green space. They claim that within four days of signing the lease, Evanston converted the use of the space to Industrial so that it can be used for a municipal pumping station. There were a number of unhappy speakers.

What to Look for in Upcoming Meetings:

Report on rejection of bids for Specialty Railroad Track Services in the Stickney Service Area. This item was removed from today’s agenda with no reason given.
Feedback on the Evanston meeting.
Feedback on the status of the Executive Director’s leave.

Observer - Diane Edmundson Meeting Length: 1 Hour via video

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70 Year Easement Request from Morton Grove Niles Water Commission Approved by Water District Board

1/26/2018

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Metropolitan Water Reclamation District Board Meeting - January 18, 2018

Meeting Length: 50 minutes
What did the Board decide:

Authorized the Morton Grove Niles Water Commission request for an 18-month construction easement and 70-year non-exclusive easement to construct, install, operate, maintain, repair and remove 3 subterranean water mains on part of the North Shore Channel and beneath the North Shore Channel in Evanston and Skokie, IL. Consideration shall be a fee of $45,500 for the temporary construction easement and an initial annual fee of $65,479 for the 70-year easement. It is expected that traffic and bike paths may need to be rerouted during the 18-month construction phase.
Approved appointment of 8 attorneys for hearing appeals and conducting proceedings under the MWRD of Greater Chicago User Charge Ordinance, Sewage & Waste Ordinance, the Sewer Permit Ordinance and the Cook County Watershed Management Ordinance, effective January 1, 2018.
Reviewed the RFP for a two-year legal services contract for Workers’ Compensation Defense, not to exceed $375,000, expected to be awarded April 19, 2018. There was general board discussion regarding to request an hourly cap for legal services expenses, and apply to all legal contracts as they renew.
Reviewed the following bids that were opened January 9, 2018:
1. Demolition at Addison Creek Reservoir and Thornton Reservoir - There was general discussion regarding the notice requirements to the surrounding community prior to demolition. As the demolition is of pre-fab style buildings it is expected that there will be limited demolition noise affecting the community.
2. Buffalo Creek Reservoir Expansion
3. Perform Olfactometry Analysis of Odorous Gas Samples
4. Furnish and Deliver Station Battery Equipment
5. Furnish and Deliver Two Debris Baskets for the Influent Channels Kirie Water Reclamation Plant.

Recognitions and Appointments:

Recognized Lewis Myers, Jr., one of the most outstanding civil/human right lawyers in the country in honor of Martin Luther King, Jr. holiday.
Recognized Bing Chin for his service and contribution of 36 years to the Army Corps of Engineers and his 80th birthday.
Approved reappointment of Donald J. Storino as Member of the Civil Service Board of the MWRD of Greater Chicago, term commencing February 1, 2018 and ending January 31, 2024.

Observer - Nancy Mitzen

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Water District Board Deals with Lease Issues at Board Meeting

Environment Loses But Veterans Gain at Water District Board Meeting

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

Independent Experts Sign Off on Water District's 2017 Financial Audits

70 Year Easement Request from Morton Grove Niles Water Commission Approved by Water District Board

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