Water Board Finds Insufficient Evidence to Suspend or Debar L. D'Agostini & Sons and DLZ Michigan (UPDATED)

On March 14, 2012, the Board of Water Commissioners received the report and recommendations of the Ad Hoc Hearing Committee, which conducted Responsible Vendor Hearings on March 7th and March 14th for L. D'Agostini & Sons, Inc.  and DLZ Michigan, Inc. The Hearing Committee reported that at the present time it did not have sufficient facts or other evidence to warrant taking any action against the two contractors.

In both cases, on a 5-1 vote, with Commissioner Forte abstaining both times,  the Board of Water Commissioners adopted the findings of the Hearing Committee.

A third contractor, Inland Waters Pollution Control, reportedly reached an agreement with the Water Board which will give it 45 days to negotiate a final settlement agreement or (presumably) participate in a Responsible Vendor Hearing.
 

The lone dissenting vote against adopting the recommendations of the Hearing Committee came from the Chairperson of the Water Board, James Fausone. Prior to casting his NO vote, twice, Chairperson Fausone read a statement outlining his concerns and specific reasons regarding each contractor. Both statements contained a common thread: integrity.

The standard that applies is tied to the City of Detroit purchasing ordinance and the burden is on the vendor to demonstrate it has a "satisfactory record of integrity, judgment or performance." The burden is not on this Board. The debarment policy picks up on this on page one --"The BOWC may determine that a vendor is not a responsible vendor if there is a finding that the vendor has failed to demonstrate a satisfactory record of integrity, judgment or performance."

Additionally I would note Section III, #14 of the Debarment policy provides in terms of causes that "any other conduct or activity by the vendor that has a harmful effect upon the integrity of the bidding, contracting or procurement processes of the DWSD or the public trust or confidence in the operations of DWSD" are grounds for debarment.

So I must ask -- what is integrity? The dictionary definition is simple: adherence to moral and ethical principals; soundness of moral character; honesty.

* * * 

The need for integrity in public construction process is paramount. The burden on a vendor is high.

Chairperson Fausone stated that in both cases he believed the vendor -- based on the criminal indictment against Kwame Kilpatrick, Bobby Ferguson and others, which he said could not have been brought without the federal prosecutor satisfying a probable cause standard -- had failed to meet its burden of proof under the Department's Suspension and Debarment Policy.

Commissioner Williams, a member of the Hearing Committee, also read a statement which indicated that he was confident that the Water Board could revisit these issues at a later time if additional (new) facts come out during any subsequent criminal prosecutions or civil actions.

Update (11/15/12): For anyone who is interested to see how a Responsible Vendor Hearing was conducted, one of the participants, L. D'Agostini & Sons, recently filed a transcript of their March 7, 2012 Hearing in the 15 Mile Sewer Collapse lawsuit pending in U.S. District Court. A copy of the transcript of the March 7, 2012 Responsible Vendor Hearing for L. D'Agostini & Sons can be read here. 

For more about DWSD Update, click here.

Board of Water Commissioners, Hearing Committee to Conduct Responsible Vendor Hearings

The Board of Water Commissioners has scheduled a Special Meeting on March 7, 2012 at 1:00 p.m. to authorize a Hearing Committee to review the status of three contractors as responsible vendors under the DWSD Suspension and Debarment Policy adopted on January 25, 2012.

According to the Agenda for the Special Meeting published earlier today (here), the following contractors are scheduled to participate in a responsible vendor hearing: 

• Inland Waters Pollution Control, Inc.
• DLZ Laboratories, Inc.
• L. D'Agostini and Sons, Inc. 

Based on statements made at prior Water Board meetings, tomorrow's Responsible Vendor Hearings will be open to the public.

The Hearing Committee will consist of Commissioners Thrower, Kenoyer and Williams.

The Board of Water Commissioners have also scheduled a Special Meeting on March 14, 2012 at 1:00 p.m. to receive, discuss and (presumably) act upon the recommendations of the Hearing Committee.

For more about DWSD Update, click here. 

Tarolyn Buckles to Serve as Technical Advisor to Detroit Board of Water Commissioners

On January 25, 2012, the Board of Water Commissioners hired Tarolyn Buckles to serve as the Board's Technical Advisor.  The Board approved a one-year, $100,000 contract with Ms. Buckles.

Tarolyn Buckles - Technical Advisor

Ms. Buckles is President and CEO of Onyx Enterprise, Inc., a firm providing engineering consulting, project management, and construction management services.  She previously served as Project Manager for METCO Services, and Project Engineer and Diversity Manager for Arcadis. Ms. Buckles earned a Bachelor of Science in Civil and Structural Engineering from the University of Michigan in 1993.

Ms. Buckles joins Butler Benton, who was hired as the Board's Financial Advisor in October, 2011.  Ms. Buckles and Mr. Benton will assist the Board in reviewing rate setting, capital projects and other financial and operational matters. 

Staff positions were created under the February 11, 2011 Order, and formalized under Article VII of the Board's Amended By-Laws. A third staff position, not yet filled, will advise the Board on legal matters.

For more about DWSD Update, click here.  

Detroit Water Board Adopts Suspension and Debarment Policy, Clarifies Earlier Actions (UPDATED)

The Detroit Board of Water Commissioners today approved a resolution rescinding ab initio the suspension resolution it adopted on December 21, 2011 and amended its January 11, 2012 resolution, which lifted suspensions as to 5 contractors, to cover all contractors originally suspended on December 21, 2011. The Board then took up and adopted a formal Suspension and Debarment Policy.

DWSD's new Suspension and Debarment Policy starts by declaring that the Department will only do business with responsible vendors (contractors). The policy then spells out the criteria for determining who is a responsible contractor and establishes notice and hearing procedures (due process) for the Water Board to follow before it suspends or debars a contractor.

The new Suspension and Debarment Policy(*) addresses criticism of the Board's earlier actions, which suspended contractors without prior notice and without providing the affected contractors with an opportunity to review and respond to charges against them. (Comment: These are due process requirements that should have been followed in the first instance. The Board took the right steps today by stopping, backing up, and putting things in the right order.)  

With the new policy in hand, Chairperson James Fausone announced: (1) that the Board would conduct "Responsible Bidder Hearings" for (some of) the previously suspended contractors (I'll update this post when I confirm the exact list of names), (2) that the Ad Hoc Hearing Committee would consist of Commissioners Thrower, Kenoyer and Williams), and (3) that "Responsible Bidder Hearings" would be conducted on the following dates: 

• Friday, February 10, 2012 (p.m.)
• Wednesday, February 15, 2012 (a.m.)

Hearings will be subject to the Open Meetings Act.

Then, there will be a Special Water Board Meeting on February 15, 2012 at 2:00 p.m. to consider the Hearing Committee's findings and recommendations. Some of the same contractors named in the previous resolutions could find themselves suspended again.

Due perhaps to the planned consideration and adoption of the Suspension and Debarment Policy(**), the Chairperson announced at the start of today's Board Meeting that resolutions to approve 3 design-build and construction contracts were being pulled from the Agenda -- PC-787 (Belt Filter Presses), PC-783 (Underground Electrical Ductbank Repair), and DWS-862A (Department-Wide Security Upgrades).  

The Board did approve a contract with Metco Services for CS-1498 (Aeration System Improvements) and a one-year contract with Onyx Enterprises, Inc. (Tarolyn Buckles) to provide technical advisory services to the Water Board. Ms. Buckles replaces Jim Ridgway, who apparently could not come to terms with the Board on a contract.

* Copies of the new DWSD Suspension and Debarment Policy have been posted here. were not immediately available, pending the addition of a small change requested by one of the Commissioners, but it should be posted on the Department's home page within a few days.

** There was no reason given publicly for pulling these contracts from the Agenda, and only 1 of the 3 contractors, Lakeshore Engineering Services, is caught up in the on-again, off-again suspension saga. The Chairperson gave some indication at the end of today's meeting, however, that these 3 contracts would return to the Agenda at the Regular Water Board Meeting on February 22, 2012. 

For more information about DWSD Update, click here.

Water Board Lifts Contractor Suspensions, then Authorizes Lawsuit Against Most of the Contractors (UPDATED)

At a Special Board Meeting on January 11, 2012, the Detroit Board of Water Commissioners voted to lift the suspension resolution it passed just three weeks ago on 5 of the 13 cited contractors. The following contractors are no longer suspended, but the resolution included the caveat -- "pending further action of the Board": 

• Lakeshore Engineering Services, Inc.
• Inland Waters Pollution Control, Inc.
• DLZ Laboratories, Inc., 
• D'Agostini & Sons, Inc.,  and 
• Walbridge Aldinger Company, Inc. 

The Water Board then (a) approved an extension of its attorney's legal services contract, and (b) authorized Miller Canfield to intervene in the federal lawsuit initiated by the Macomb Interceptor Drain Drainage District in July, 2011 (the "15 Mile Sewer Repair" case)  and  file a lawsuit against approximately 17 Defendants, including 4 of the 5 contractors whose suspensions were just lifted (D'Agostini & Sons, Inc. is excluded).  

The Board also directed its Legal Committee to work with Miller Canfield to draft a (new) suspension policy for presentation to the Board at its next regular meeting on January 25, 2012.

Then the Board voted to accept (for consideration) a bid protest filed by Walbridge Aldinger, on Contract PC-786, which the Board had approved for award to Walsh Construction on December 21, 2011. The Board voted to conduct a public hearing to determine whether Walbridge Aldinger is a "responsible bidder."  

(Does this mean the Board might rescind its award to Walsh if it finds Walbridge to be a responsible bidder? And what about the policy of not contracting with persons you're suing? Why conduct such a hearing if you've already directed your legal counsel to sue Walbridge and the other contractors for racketeering and civil conspiracy?) 

(Confused? You're not alone!)

Additional Resources:

• Detroit water department seeks $60 million in suit tied to 'Kilpatrick enterprise' contractors, Crain's Detroit Business, January 11, 2012.

For more about DWSD Update, click here. 

 

Water Board Schedules Special Meeting - January 11, 2012 at 1:00 p.m.

The Detroit Board of Water Commissioners has scheduled a Special Meeting for Wednesday, January 11, 2012 at 1:00 p.m.  There is no published Agenda yet for this meeting, but* Given the significant decisions taken at the last Special Meeting on December 21, 2011, attendance on Wednesday is highly recommended.

Comment: If I were to speculate, I think the Board might use this occasion to adopt the administrative rules to be followed in the suspension appeals. The Board's suspension resolution adopted on December 21, 2011 mentions an ad hoc committee to review appeals, but did not set forth any procedure or rules to be followed. At least one contractor has already filed a lawsuit contesting the Board's decision. If the Board plans to argue that the suspended contractors have to first exhaust their administrative remedies before contesting the matter in court, a standard defense under these circumstances, they'd better articulate those remedies soon. The Hearing on L. D'Agostini & Son's Motion for Temporary Restraining Order and Preliminary Injunction has been scheduled for Wednesday, January 11, 2012 at 2:45 p.m. before the Hon. John Corbett O'Meara.  

*Update (1/10): The Agenda for the January 11, 2012 Special Meeting was published earlier today (here). 

For more about DWSD Update, click here.

Suspended Contractor Files Lawsuit Challenging Detroit Water Board's Suspension Policy (UPDATED)

Earlier today, L. D'Agostini & Sons, one of the 13 contractors suspended for 3 years by the Detroit Water Board on December 21, 2011, filed a federal lawsuit contesting the Board's decision. 

The lawsuit alleges that the Water Board's actions violated the contractor's due process rights and violated its rights under 42 USC 1983, a federal civil rights statute.  

In addition, L. D'Agostini & Sons (LDS) has also filed a Motion for a Temporary Restraining Order (TRO) and Preliminary Injunction. The contractor requests that the Court (1) enjoin the City of Detroit from enforcing the debarment order; and (2) order that the debarment as to LDS be expunged. No hearing date has been set on this motion.*

2012-01-05.L D'Agostini v City of Detroit - Complaint

Additional Related Articles:

• Water Board to Review Suspensions, Crain's Detroit Business, January 1, 2012
• Macomb contractor sues Detroit over bidding ban, Detroit News, January 5, 2012
• Construction firm sues over ban, Detroit Free Press, January 5, 2012
• D'Agostini & Sons opts for "Damned if you do. . .", Crain's Detroit Business, January 6, 2012
• Contractor's Decry Suspensions by Detroit Water and Sewerage Dept., Engineering News-Record (ENR), January 16, 2012  

For more about DWSD Update, click here. 

*Update (1/9) (1/10) (1/19): The Hearing on L. D'Agostini & Son's Motion for Temporary Restraining Order and Preliminary Injunction has been re-scheduled scheduled for Wednesday, January 11, 2012 at 2:45 p.m. January 18, 2012 at 2:00 p.m. February 2, 2012 at 1:45 p.m. before the Hon. John Corbett O'Meara.   

CORRECTION to List of Suspended Contractors

DWSD Update confirmed earlier this morning that one of the contractors we originally included in the list of contractors affected by the Water Board's December 21, 2011  suspension resolution -- D'Alessandro Contracting Group -- was NOT included in the final resolution that was voted upon by the Water Board.  D'Alessandro Contracting Group is NOT suspended  and NOT barred from being awarded contracts with the Detroit Water and Sewerage Department. Crain's Detroit Business has also noted this correction (here).

Detroit Water Board Declares 13 Bidders Non-Responsible, Suspends them from Bidding DWSD Work for 3 Years (UPDATED)

Earlier this afternoon, the City of Detroit, Board of Water Commissioners conducted a Special Meeting  and adopted a resolution declaring 14 13* contractors to be non-responsible bidders and suspended them from bidding DWSD work for a period of 3 years. 

The contractors suspended from bidding on DWSD contracts until December 31, 2014 are among the contractors cited in the federal indictments unsealed last December against disgraced-former Mayor Kwame Kilpatrick, his father, Bernard Kilpatrick, contractor Bobby Ferguson, and former DWSD Director Victor Mercado.  

The contractors affected by the Water Board's action today include the following: 

• A&F Environmental
• A&H Contracting, Inc.
• D'Agostini & Sons, Inc. 
• *
• DLZ Laboratories, Inc.
• E&T Trucking
• Ferguson Enterprises, Inc.
• Inland Waters Pollution Control, Inc.
• Inland Management and Inland Rehabilitation Pipe Co.
• Johnson Construction Services a/k/a Johnson Consulting Services
• Lakeshore Engineering Services, Inc.
• Maestro Associates, LLC
• Walbridge Aldinger Company, Inc.
• Xcel Construction Services, Inc.

The Water Board included the following administrative appeal procedures as part of its resolution:

The Board shall reconsider the parties and suspension period upon receiving additional information from the U.S. Attorney's office. A company may appeal the application of this policy to an ad hoc committee of the BOWC, appointed by the Chair, which shall receive evidence and information and report to the entire Board. The suspension can only be modified by motion of the Board. 

Following adoption of the suspension resolution, the Board proceeded to approve a $13,117,000 contract for the Rouge River Outfall No. (RRO-2), Contract PC-786, with the third bidder, Walsh Construction, bypassing Walbridge Aldinger, who was second in line for the contract after the low bidder, Lakeshore Engineering, retracted their low bid.

Comment: The Water Board's actions today have enormous implications for the affected companies, many of which perform federal contracts, and a huge impact on the local contracting community.  The Board's actions, which the Chair reported were supported by Oakland, Macomb and Wayne Counties, will be felt well beyond DWSD. Two of the named contractors are among teams who proposed on the bio-solids contract (PC-781). If their suspensions are upheld, it would surely jeopardize their proposals.

Update (12/22): Crain's Detroit Business has an article (here), which quotes several of the Water Board Commissioners and adds further insight into the reasons for yesterday's suspension resolution.  

Update (12/23): DWSD Update confirmed earlier this morning that D'Alessandro Contracting Group was NOT among the contractors included in the final suspension resolution adopted by the Board of Water Commissioners on Wednesday. They were included in the proposed resolution, outlined in the Board Agenda, but NOT included in the actual resolution, as read into the record by Commissioner Fred Barnes, and NOT included in the final vote. To be clear: D'Alessandro Contracting Group has NOT been suspended nor barred from receiving DWSD contracts.  

For more about DWSD Update, click here.

Detroit Water Board Votes to Hire Ridgway to Advise on Technical Matters (UPDATED)

Update (1/11): At the Special Meeting on January 11, 2012, Commissioner Mary Blackmon, reported that Jim Ridgway had declined the contract offered by the Water Board. It appears that the Board will consider another candidate for this position.   

The Board of Water Commissioners voted yesterday to approve the hiring of Jim Ridgway as Technical Advisor to the Water Board.

Mr. Ridgway has a B.S. in Environmental Engineering and a M.S. in Civil Engineering, both from the University of Michigan. Mr. Ridgway also has prior DWSD experience. He served as Assistant Director of Wastewater Operations for 5 years during the mid-1980s. Click here for his LinkedIn profile. 

Mr. Ridgway joins Butler Benton, who has been hired as the financial advisor to the Board of Water Commissioners.  Messrs. Ridgway and Benton will assist the Board in reviewing rate setting, capital projects and other financial and operational matters. 

Staff positions were created under the February 11, 2011 Order, and formalized under Article VII of the Board's Amended By-Laws. A third staff position, not yet filled, will advise the Board on legal matters.

For more about DWSD Update, click here.  

Detroit Water Board Approves Hiring of New Director, Sue McCormick

The Detroit Board of Water Commissioners earlier this afternoon  approved Mayor Bing's candidate for Director of the Water and Sewerage Department. At a Special Meeting held earlier this afternoon, the Water Board voted unanimously to approve the hiring of Sue McCormick as the new Director.  She will be paid $195,000 annually and begin work on January 2, 2012. 

According to Chris Brown, Mayor Bing's COO, Ms. McCormick was selected after considering a pool of some 85 candidates for the position.

Under the terms of the Plan of Action adopted by Judge Cox on November 4, 2011, the new Director will have broad new powers to bring DWSD back into compliance with the Clean Water Act.

DWSD has been without a permanent Director since Pamela Turner retired (or was forced out) more than 18 months ago.

The Water Board also used the occasion of the Special Meeting today to approve a one year contract with Butler Benton (B2 Advisors, LLC), who will serve as the financial advisor to the Water Board. B2 Advisors will be paid an amount not to exceed $100,000.


For more about DWSD Update, click here. 

Detroit Water Board Fills Financial, Technical Advisory Staff Positions

At a Special Meeting on October 6, 2011, the Detroit Board of Water Commissioners selected Butler Benton and Douglas Buchholz, P.E. to advise the Board on financial and technical issues.

As we reported in August, staff will assist the Board in reviewing rate setting, capital projects and other financial and operational matters. Staff are hired by, and report directly to, the Board of Water Commissioners, not DWSD or the Mayor's Office.

Staff positions were created under the February 11, 2011 Order, and formalized under Article VII of the Board's Amended By-Laws. A third staff position, not yet filled, will advise the Board on legal matters.

Butler Benton

Butler Benton is the former Director, Department of Environment, for Wayne County.  He served with Wayne County for 15 years. Mr. Benton has a Bachelor of Science in Accounting and an MBA, both from Wayne State University.

Mr. Benton is a member of the Clean Water Steering Committee of the ESD Institute.

Douglas A. Buchholz, P.E. is Director of Operations for Oakland County Water Resources Commission (WRC). Mr. Buchholz has worked for Oakland County since 1974. He became Manager of Operations and Maintenance in 1998 and was promoted to Director of Operations in 2009.

Mr. Buchholz directs the overall operations and maintenance of the Oakland County WRC field and office staff for water supply, wastewater and storm water disposal, lake level control, permits and inspections and customer service and billings.

He also represents WRC and Oakland County cities, villages and townships on Detroit Water and Sewage Department (DWSD) committees and work groups as a:

• Co-chair of the DWSD Water Technical Advisory Committee (TAC)
• DWSD Sewer Steering Committee member

Background  

He is a 1970 graduate of General Motors Institute with a Bachelor of Mechanical Engineering degree. He earned a Master of Science: Civil Engineering degree from the University of Michigan in 1973. 

Mr. Buchholz is also a: 

• State of Michigan Registered Professional Engineer 
• State of Michigan Certified Wastewater Operator Classification: A, B, C or D 
• Member of American Water Works Association 
• Member of Michigan Water Environment Association

For more about DWSD Update, click here. 

Update (11/30): The Board of Water Commissioners today voted to approve the hiring of Jim Ridgway as Technical Advisor to the Board.  The Board reconsidered its earlier decision (reported above) concerning Doug Buchholz.

Mr. Ridgway has a B.S. in Environmental Engineering and a M.S. in Civil Engineering, both from the University of Michigan. In addition, Mr. Ridgway was an Assistant Director with DWSD for 5 years during the mid-1980s. Click here for his LinkedIn profile.

Board of Water Commissioners, Updated By-Laws Posted Online

By-laws for the Detroit Board of Water Commissioners have been posted on the DWSD website (here).

The by-laws were updated on July 27, 2011 to incorporate changes made by virtue of two federal court orders entered by Judge Sean Cox on February 11, 2011 and April 29, 2011. This is the first time that the by-laws have been made available online.

Committee to Plan Overhaul of DWSD Operations is Named

The Committee ordered by Judge Cox to develop a plan to overhaul the Detroit Water and Sewerage Department by November 4, 2011 (the "Root Cause Committee") will include the following members:

• Charles Pugh, City Council President
• Gary Brown, City Council President Pro Tem
• Chris Brown, Mayor Bing's COO and Acting Director of DWSD
• James Fausone, Board of Water Commissioners

Update (10/12): Judge Cox entered an Order today expanding the authority of his Special Master, David M. Ottenwess, to "direct and facilitate discussions" with the parties noted above and "to report to the Court [on] the progress and status of those discussions and the proposed plan." [Dkt #2405]

Detroit Board of Water Commissioners Seeks Technical and Financial Advisors

At its July 27, 2011 meeting, the Detroit Board of Water Commissioners approved a resolution authorizing efforts to hire an interim technical advisor and/or a financial advisor.

Advisors will assist the Board in its efforts over the next 3 to 6 months. The main tasks will include reviewing rate setting, capital projects and financial implications. Advisors will work directly for the Board of Water Commissioners, not DWSD senior management.

The Board is soliciting names and resumes until August 17th and plans on making a decision at its August 24, 2011 meeting.  The interim advisors could be loaned or detailed from a municipal entity or private industry. 

• Financial Advisor - Position Summary 
• Technical Advisor - Position Summary 

Interested persons should e-mail a letter with their availability and salary requirements (if any) and a professional resume to Chair Mary Blackmon or Commissioner James Fausone.  Applications are due by August 17, 2011. 

Update: At its August 24, 2011 meeting, the Board of Water Commissioners extended to September 14, 2011 the deadline to submit applications and resumes. Through August 17th, the Board had received 6 applications, 5 for the technical advisor position and 1 for the financial advisor position. The Board indicated that it would accept applications from existing DWSD employees. 

The Water Board plans to interview candidates on September 27th, and make a decision at the regular Board Meeting on Wednesday, September 28th.

For more about DWSD Update, click here.

Detroit Water Board Approves 5 Year Capital Improvement Program (CIP)

At its July 27, 2011 meeting, the Board of Water Commissioners approved a $1.3 billion Capital Improvement Program (CIP) for 2012-2016. 

Of this amount, $740.4 million is earmarked for new construction and improvements to DWSD's water and wastewater facilities; $591 million is for projects that are already under construction.

Of the new construction funding, $422.5 million is designated for water projects, and $317.9 million is designated for wastewater projects. 

In early May, Deputy Director Darryl Latimer announced that DWSD would postpone revisions to the 2011-2015 CIP pending a detailed review of projects.  

After completing this review, a Draft CIP was submitted to the Board of Water Commissioners for approval at its July meeting.

During the July 27th meeting, a number of Commissioners expressed concern about the amount and timing of information provided to suburban (wholesale) customers of the Department.

• Commissioner Bryan Williams in particular expressed his concern that the CIP doesn't reflect current needs and that the whole process for approving capital projects should be changed radically. He recommended (i) starting the process earlier; (ii) providing a formal schedule for customer input; and (iii) circulating an original and red lined version of the CIP to show changes.
• Commissioner James Fausone echoed those concerns, that the wholesale customer base needed more time to review DWSD's proposed spending plans.
• Commissioner Fred Barnes reported hearing from suburban customers who hadn't seen the revised CIP and weren't involved in the process.

Deputy Director Daryl Latimer and Assistant Director James George indicated that suburban communities had been briefed about DWSD's capital spending plans through the Technical Advisory Committee (TAC), and that the CIP has generally not been subject to Board approval. 

Acting Director Chris Brown requested that the Board approve the revised CIP with the condition that the Assistant Director George answer the Commissioner's remaining questions. 

The Board approved the 2012-2016 CIP on a 6-1 vote. Commissioner Williams was the lone dissent.

Comment: While we haven't had time to thoroughly compare the updated CIP with last year's version, it appears that the Springwell's Water Treatment Plant (SP-563) project has survived and will be coming out for bids shortly.  The most recent list of proposed construction contracts indicates a September, 2011 bid advertisement date.

Among the projects that appear to have lost out, both the Flint Loop and North Oakland Transmission System (NOTS) water main project appear to have been cut. There is no money allocated to the oversight contracts (CM-2017 and CM-2016), which were previously awarded. 

Additional Resources:

• Water Supply System CIP - FY 2012-2016
• Sewage Disposal System CIP - FY 2012-2016
• Wastewater Master Plan - Volume 4: Capital Improvement Program

For more about DWSD Update, click here.

Commissioners Can Only Be Removed for Cause, City of Detroit Concedes

When Mayor Bing agreed on February 11, 2011 to give Wayne, Oakland and Macomb Counties greater participation in the oversight of the Detroit Water and Sewerage Department, it remained an open question whether members of the Board of Water Commissioners would serve at the pleasure of the Mayor or whether they could only be removed for cause. 

In a recent federal court filing, the City of Detroit agreed that Commissioners can only be moved for cause. Judge Sean Cox accepted this as a stipulation and entered an Order on April 29, 2011 to the effect that Detroit Board of Water Commissioners can only be removed for cause.

Comment: A "for cause" standard is a much higher standard than merely "serving at the pleasure of the Mayor." It means that a Commissioner cannot be removed absent a showing that they are unfit or unable to perform their duties as a Commissioner. Suburban stakeholders in the Department pressed for this higher standard and now it appears they have prevailed. In my view, this is designed to protect the integrity of the Board of Water Commissioners, which should exercise more oversight and ask more questions about how DWSD functions.

2011-04-29.ORDER.Members of Detroit Board of Water Commissioners Shall Only Be Removed for Cause

Final Additions to New Detroit Water Board Members Announced

On April 1, 2011, Mayor Bing appointed Linda Forte, and Bradley Kenoyer to the City of Detroit Board of Water Commissioners. Mayor Bing retained Commissioners Mary Blackmon and James Thrower.  These four join the three Commissioners appointed in March by Wayne, Oakland and Macomb County. 

Linda Forte,  is a senior vice president of business affairs at Comerica Bank and has more than 30 years of business and finance experience.  Bradley Kenoyer is 33 year old mechanical engineer with Ford Motor Co. He has a bachelor's degree from Rensselaer Polytechnic Institute (RPI) in New York and a master's degree in product development from the University of Detroit Mercy. 

The newly reconstituted Board of Water Commissioners is scheduled to meet for the first time on April 27, 2011 at 2:00 p.m.  

Update: DWSD has now updated its website to include background information and pictures of all the new Water Board Member. 

For more about DWSD Update, click here.