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Water District Board Adopts Cook County Independent Inspector General Ordinance

4/22/2019

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 Opposes Creation of Single Member Districts for Commissioners

3/15/2019

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Metropolitan Water Reclamation District (MWRD) Board Meeting
March 7, 2019

What did the Board decide?

The Board passed a resolution opposing HB 2624 which would create single member districts for the MWRD Board of Commissioners. Most of the commissioners said their responsibilities cross over any borders that would be set up in single member districts. In addition, there is a diverse representation currently on the board, which would negate the need for single member districts.

What else did the Board discuss or refer to committee?

One hazardous waste disposal contract in particular was deferred because of questions on the company’s partnership with other entities that have had penalties assigned to them.

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

A resolution was passed honoring Lee Botts for her tireless work with Lake Michigan restoration and protection of the Indiana Dunes upon her 91st birthday. Her son and daughter accepted the award in her place.

Any Other Comments or Observations

The Shannon Rovers are really loud in a closed space!
Chicago Junorneymen Plumbers Local Union 130 UA has been sponsoring the St. Patrick’s Day Parade since 1955.

Observer - Peggy Kell Meeting Length: 1 Hour 57 minutes

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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 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 Opposes Creation of Single Member Districts for Commissioners

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

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

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