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Water Reclamation District Board Requests More Information on "Furnish and Deliver" Contracts

2/28/2019

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

What the Board Discussed:

"Furnish and Deliver” contracts, with multiple requests for more information.
Minority/women business participation relative to some specific agenda items was brought up by Commissioner Garcia.
Plaans relative to compost bagging were discussed, with more specifics to be provided.
Commissioner Davis asked how the carbon dioxide purging services that MWRD proposed to contract out would ultimately capture CO2 emissions, with the contract deferred pending more information.
Commissioner Davis brought up the Watershed Management Ordinance (“WMO”) amendment near the end of the meeting, noting the tight timeline. The staff assured the Board that by March 14 a comments package would be delivered with information on public comments and a tracked changes copy of the proposed modifications. A study session on the WMO will be held in March. Commissioner Davis stated it was a complicated topic and asked, if needed, could the deadline of May 1, 2019 be moved back. The General Counsel stated since the deadline is written into the ordinance, action would need to be taken by April to formally extend the time.

Requests by the Commissioners:

Relative to “furnish and deliver” contracts,
1. Commissioner Morita requested more information on certain legal aspects and information on how other governmental bodies treat.
2. Commissioner McGowan requested a Study Session and a list of the bidders once available.
Relative to compost bagging:
1. Commissioner Morita requested a memorandum on the current research and understanding of PFOS in biosolids.
2. Commissioner Davis requested an analysis of what is in the biosolids and how the District scans for contaminants.
Commissioner Shore requested Board transmittal letters include explanations that constituents can understand.

Items to watch for in the Future:

Further discussions relative to selecting an Inspector General (Intergovernmental Agreement and/or RFPs);
transmittal letters to the Board relative to consent agenda items,
the role of MWRD committees
the Watershed Management Ordinance (copy on the MWRD website under the engineering tab).

Observed by: Marjy Gilbert Meeting Length: 1 hour

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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 Names New Committee Chairs and Hires Federal Lobbyist

1/28/2019

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Metropolitan Water Reclamation District (MWRD) Board of Commissioners Meeting
January 24, 2019

What did the Board Approve?

The Board approved (8 Yeas and 1 abstention) a motion designating committee chairs and vice-chairs for the 2019-20 Standing Committees. (Agenda Item #43) Comm. Davis abstained, saying he didn’t understand the scope of his authority as a committee chair and requesting a study session to describe chairs’ roles; President Kara Steele agreed to conduct such a session in February.
After a brief deferral requested by Cmm. Spyropoulos, the Board unanimously approved the contract (deferred from the previous meeting) for Perform Federal Legislative Lobbying Services. Though there was some discussion about whether these were the best possible lobbyists, the need to have someone working in Washington before the end of January to wrap up the MWRD’s contract with the Army Corps of Engineers ultimately carried the day. Comm. Spyropoulos also deferred, and then lifted the deferral, for a contract (deferred from the previous meeting) to hire a law firm to do other lobbying.
The Board unanimously approved the appointment of Comm. DuBuclet and Comm. Spyropoulos to serve as trustees of the District’s Retirement Fund.
The Board unanimously approved a tax levy rebate, reducing by $6.1 million its original budget of $238.7 million.

What else did the Board Discuss?

The President agreed to schedule a second study session in February to develop an official position on climate change and remediation.
During both of the public comment periods Mike Archy from TPM Strategies spoke, complaining that the District bragged about its accomplishments while it overpaid for services and had projects running years behind schedule.

Observer - Kelly Kleiman Meeting Length: 90 minutes

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Board Elects New President!

1/13/2019

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Metropolitan Water Reclamation District (MWRD) Board Meeting - January 10, 2019

Decisions Made:

Commissioner Spyropoulos opened the meeting by announcing that she is stepping down after four years as President. She then went on to nominate Comm. Kari Steele for the position. No other nominations were offered, and Ms. Steele was unanimously elected. She stated that her focus will be on bringing the MWRD to every community, increasing diversity at the District, and continuing to improve water quality. Joining the MWRD at the age of 19, Ms. Steele worked while attending college to receive her Bachelors of Science Degree. She was first elected to the Board in 2012.
Comm. Barbara McGowan was re-elected as Vice President, and Comm. Frank Avila as Chairman of the Finance.
Newly elected Comm. Marcelino Garcia had questions on more than a dozen agenda items. The majority of his questions centered on the increased use of minority firms when letting contracts including requiring “indirect participation”. Commissioner Shore asked him to provide more information as he seemed familiar with the concept, particularly how other government entities in his work history have implemented and monitored.

Requests Made by Commissioners:

Comm. Morina asked the staff to evaluate the MBE ordinance for affirmative action restrictions as is relates to type of contracts let. It was noted that only contracts that are stated as “furnish and deliver” are covered in the ordinance.
Comm. Garcia asked for a list of the law firms under contract with the District and what work each is contracted to perform.
Comm. Morina asked for the criteria for choosing lawyers because she noted some come from lists kept by the Legal Department and others via the proposal process.
Comm. Garcia asked for a thorough analysis of internal hires vs external contracts before bringing a contract proposal to the board. For example, emergency janitorial services.

Items to Watch for in the Future:

The District will appoint the Chairperson and Vice-Chairperson of each standing Committee at its January 24, 2019 board meeting.
The Board deferred approval of a one-year law firm contract to continue its lobbyist pursuit of Federal funding. The contract was to start on February 1, 2019. Commissioner’s Garcia and Davis asked for the deferral. (Agenda Item 19-0044)

Observer - Diane Edmundson Meeting Length: 90 min.

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

1/6/2019

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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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MWRD Board Passes $1.2B Budget With No Discussion

12/20/2018

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Metropolitan Water Reclamation District (MWRD) Board Meeting - December 13, 2018
Public Hearing on the Proposed Budget on December 6, 2018

By an 8-0 vote, the Metropolitan Water Reclamation Board took just 15 minutes to approve 11 items which resulted in a $1,203,988,541 budget for 2019. This is $53 million more than 2018, or a 4.6% increase. The property tax levy was raised to $643 million, an increase over 2018 of $20 million, or 3.3%. There was no discussion. (Commissioner Morita was absent.)

Next Step: The Board will consider amendments to the 2019 budget at the December 20 meeting, at which time the 2019 budget will be finalized.

Relevant Comments from December 6 Public Hearing on the Proposed Budget
The 2019 Budget that was passed on December 13 included a number of changes from the Tentative Budget Recommendation by the MWRD Executive Director dated October 13, and additional changes from the 2019 Tentative Budget published on November 20 (which reflected amendments to the October 13 Executive Director’s Recommendation).

At the December 6 Public Hearing, the Civic Federation, while overall supportive of the proposed budget, pointed out how confusing and difficult it is to review and comment on this ever-changing budget. The Civic Federation’s recommendation was that the final form of the budget that is to be considered by the Board should be published and made available to the public ahead of time. This is particularly important, said the Civic Federation, because the version of the budget passed by the Board often includes significant increases in the total appropriations and property tax levy from those contained in the Executive Director’s original recommendation, as well as from the Tentative Budget.

In this case, the version passed by the Board on December 13 varied from both the October 13 and November 20 versions (which is the version the Civic Federation reviewed and commented on) in a number of ways, including:

December 13 October 13 November 20
Total Appropriations: $1,203,988,541 $1,079,658,141 $1,092,299,141
Tax Levy: $ 642,783,809 $ 640,649,270 $ 640,649,270

The Civic Federation also recommended that the MWRD analyze the effect on its pension funding and have fall-back plans in case the District’s pension reform law were to be successfully challenged.

Observer - Priscilla Mims

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Water Reclamation District Board Requests More Information on "Furnish and Deliver" Contracts

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

Water Reclamation Board Names New Committee Chairs and Hires Federal Lobbyist

Board Elects New President!

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

MWRD Board Passes $1.2B Budget With No Discussion

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