ELECTRONIC PACKET OCTOBER 9, 2017 POLICY ... - MMSD [PDF]

Oct 9, 2017 - $39,045,948 for Net Division Expenditures*;. • $11,775,983 for Net Fringe Benefits*; and ... Total Proje

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ELECTRONIC PACKET OCTOBER 9, 2017 POLICY, FINANCE, & PERSONNEL COMMITTEE MEETING RELEASED: Monday, October 2, 2017

Item 5

COMMISSION FILE NO: 17-098-10 INTRODUCED BY:

DATE INTRODUCED:

Executive Director (Signature on File in the Office of the Commission)

REFERRED BY COMMISSION CHAIRPERSON TO: RELATING TO:

October 9, 2017

Policy, Finance, and Personnel Committee

Adopting the Operations and Maintenance Budget for the 2018 Fiscal Year

SUMMARY: The Commission is asked to consider the 2018 Proposed Operations and Maintenance Budget. Adoption of the 2018 Operations and Maintenance Budget will be requested at the October 23, 2017, Commission meeting. The Executive Director’s 2018 Proposed Operations and Maintenance Budget provides for total expenditures of $101,950,763. The proposed expenditures are funded from $83,750,613 in user charge billings, $9,000,150 in Milorganite® net sales, $1,903,300 in other income, $350,000 in interest income, $1,197,440 in Household Hazardous Waste Collection Program revenue, $923,411 in Industrial Waste Pretreatment Program revenue, and the return of $7,465,849 from the 2016 Operations and Maintenance surplus. In addition, a $175,000 contribution to the equipment replacement fund and a $2,465,000 contribution to the user charge stabilization fund are anticipated. The Executive Director’s 2018 Proposed Operations and Maintenance Budget of $101,950,763 includes the following expenditures: • • • •

$48,185,452 for Net Veolia Water Milwaukee Service Fee*; $39,045,948 for Net Division Expenditures*; $11,775,983 for Net Fringe Benefits*; and $2,943,380 for Unallocated Reserve.

*Net Expenditures are inclusive of the offsetting charges to the 2018 Capital Budget.

ATTACHMENTS:

BACKGROUND

FISCAL NOTE

S/W/MBE

KEY ISSUES

RESOLUTION

OTHER

PFP_Adopt_2018_OM_Budget_legislative_file.docx 09-20-17

COMMITTEE ACTION:

DATE:

COMMISSION ACTION:

DATE:

SUMMARY (Cont’d) Adopting the Operations and Maintenance Budget for the 2018 Fiscal Year

The 2018 Proposed Operations and Maintenance Budget anticipates total funding of $101,950,763 from the following sources of funds: • • • • • • •

$83,750,613 in user charge billings; $9,000,150 in Milorganite® net revenue; $1,903,300 in other income; $350,000 in interest income; $1,197,440 in Household Hazardous Waste Collection Program revenue; $923,411 in Industrial Waste Pretreatment Program revenue; and $7,465,849 in surplus from 2016 applied.

In addition, a $175,000 contribution to the equipment replacement fund and a $2,465,000 contribution to the user charge stabilization fund are anticipated. User charge billings of $83,750,613 are 11.5% above the level in the 2017 Operations and Maintenance Budget.

2

RESOLUTION Adopting the Operations and Maintenance Budget for the 2018 Fiscal Year

RESOLVED, by the Milwaukee Metropolitan Sewerage Commission, that the 2018 Operations and Maintenance Budget, providing the total expenditures of $101,950,763 to be funded by $83,750,613 in user charge billings, $9,000,150 in Milorganite® net sales, $1,903,300 in other income, $350,000 in interest income, $1,197,440 in Household Hazardous Waste Collection Program revenue, $923,411 in Industrial Waste Pretreatment Program revenue, and the return of $7,465,849 from the 2016 Operations and Maintenance surplus, is hereby adopted, with a $175,000 contribution to the equipment replacement fund and a $2,465,000 contribution to the user charge stabilization fund anticipated.

3

Item 6

COMMISSION FILE NO: 17-099-10 INTRODUCED BY:

DATE INTRODUCED:

Executive Director (Signature on File in the Office of the Commission)

REFERRED BY COMMISSION CHAIRPERSON TO: RELATING TO:

October 9, 2017

Policy, Finance, and Personnel Committee

Adopting the Capital Budget for the 2018 Fiscal Year

SUMMARY: The Commission is asked to consider the 2018 Proposed Capital Budget. In accordance with Commission Policy 1-15.02, Capital Budget, the Commission is asked to approve the following three items: 1. Total Project Cost – The 2018 Proposed Capital Budget includes Total Project Cost estimates totalling $978,751,053 for 197 capital projects that are currently active in 2017 or expected to be active during 2018. 2. 2018 Annual Capital Budget – The 2018 Proposed Capital Budget anticipates capital project, capital program, and debt service expenditures of $199,492,000. These expenditures will be funded from the property tax levy of $98,380,000, federal and state aid and grants, proceeds from state loans, non-member billings, interest, other income, District bonds, and available funds on hand totalling $101,112,000. 3. The Six-year Long-range Financing Plan – The Long-range Financing Plan estimates $683,602,000 in capital project and capital program expenditures and $670,471,000 in debt service expenditures for a combined total of $1,354,073,000 in capital expenditures from 2018 through 2023. The capital expenditures are expected to be funded from $652,552,000 in tax levies; $193,902,000 in non-member billings; $290,000,000 in District-issued general obligation bonds and notes; $199,405,000 in state loans; $11,583,000 in federal and state aid and grants; $7,528,000 in interest and other income; and $897,000 in additions to available funds on hand for a combined total of $1,354,073,000. ATTACHMENTS: BACKGROUND KEY ISSUES RESOLUTION FISCAL NOTE

S/W/MBE

OTHER

2018 Proposed Capital Budget; 2018 Proposed Long-range Financing Plan; 2018 Total Project Cost List

PFP_Adopt_2018_Capital_Budget_legislative_file.docx 09-21-17

COMMITTEE ACTION:

DATE:

COMMISSION ACTION:

DATE:

SUMMARY (Cont’d) Adopting the Capital Budget for the 2018 Fiscal Year

Total Project Cost Summary The total cost of projects included in the Executive Director’s 2018 Proposed Capital Budget is $978,751,053 for capital expenditures related to 197 capital projects. The Total Project Cost includes the current estimate of total spending which may include prior expenditures and outyears’ expenditures. Total Project Cost schedules for each capital account are summarized as follows: • • • •

$304,765,763 for 90 projects in Water Reclamation Facilities; $133,134,952 for 27 projects in Conveyance; $412,465,317 for 40 projects in Watercourse and Flood Management; and $128,385,022 for 40 projects in other projects.

Annual Capital Budget Summary The Executive Director’s 2018 Proposed Capital Budget of $199,492,000 includes the following expenditures for capital projects and capital programs: • • • • •

$48,260,000 for Water Reclamation Facilities projects; $9,726,000 for Conveyance projects; $10,164,000 for Watercourse and Flood Management projects; $22,428,000 for Other projects; and $108,913,000 for debt service

Note, the sum of rounded components may not equal the total due to rounding. $11,730,000 in Debt Service Funds are available to pay 2018 general obligation debt service, reducing the required 2017 tax levy for 2018 purposes to $98,380,000. Sources of funds for the $199,492,000 in capital budget expenditures in the 2018 fiscal year are as follows: • • • • •

$98,380,000 in tax levy; $31,256,000 in non-member billings; $31,514,000 in State Clean Water Fund loans; $1,812,000 in federal and state aid and grants; and $1,497,000 in interest and other income.

The 2018 Capital Budget also includes use of $35,033,000 to available funds. Total available capital funds on hand at the beginning of the 2018 fiscal year are estimated at $88.9 million.

2

SUMMARY (Cont’d) Adopting the Capital Budget for the 2018 Fiscal Year

The proposed property tax levy for 2018 of $98,380,000 represents a 0% increase over the tax levy for the 2017 Capital Budget. The proposed levy yields a rate of $1.73 per $1,000 of equalized property value for member communities, a decrease of 1.4% from the 2017 tax rate of $1.75 per $1,000 of equalized property value. Six-year Long-range Financing Plan Summary The 2018 Proposed Capital Budget Long-range Financing Plan achieves the District’s financing objectives: •

Cash financing of at least 25%. From 2018 through 2023, an average of 28.4% of capital project expenditures are projected to be cash financed with the remaining 75% financed from debt.



Outstanding debt no more than 2.5% of equalized value. In the Long-range Financing Plan, outstanding general obligation debt at year-end is projected to decrease from $875.7 million at the end of 2017 to $823.8 million at the end of 2018, estimated to be 1.37% of the District’s equalized property value. After 2018, outstanding general obligation debt is projected to increase to $868.7 million by the end of 2023, estimated to be 1.24% of the District’s equalized property value.

3

BACKGROUND Adopting the Capital Budget for the 2018 Fiscal Year

In accordance with Commission Policy 1-15.02, Capital Budget, the Commission will be asked to approve the following three items: 1. Total Project Cost – Commission action on the Total Project Cost approves the current estimate for the total project cost for each project active in 2017 and 2018. Inflation estimates, allowance accounts, capital programs, risk management program, financial planning, and debt service capital program support expenditures are not included, as they are ongoing capital expenditures without a discrete end date. The completion of the work in the total project cost estimate may span more than one year. 2. The 2018 Annual Capital Budget – Commission action on the Capital Budget sets the property tax levy and other sources of funds for the current year’s capital expenditures. 3. Six-year Long-range Financing Plan – Commission action on the Long-range Financing Plan approves the financial plan for outyears’ capital financing and capital expenditures for planning purposes.

4

RESOLUTION Adopting the Capital Budget for the 2018 Fiscal Year

RESOLVED, by the Milwaukee Metropolitan Sewerage Commission, that the Executive Director’s 2018 Proposed Capital Budget, setting forth: •

Total Project Cost estimates for 197 capital projects totalling $978,751,053;



Anticipated revenues and available funds of the District for capital purposes of $101,112,000 and the anticipated capital expenditures of the District of $199,492,000 resulting in a net local share of $98,380,000 for the fiscal year ending December 31, 2018; and



The Six-year Long-range Financing Plan, including $683,602,000 in project expenditures and $670,471,000 in debt service expenditures for a combined total of $1,354,073,000 in capital expenditures from 2018 through 2023. The capital expenditures are expected to be funded from $652,552,000 in tax levies; $193,902,000 in non-member billings; $290,000,000 in District-issued General Obligation bonds and notes; $199,405,000 in state loans; $11,583,000 in federal, state aid and grants; $7,528,000 in interest and other income; and $897,000 in additions to available funds on hand for a combined total of $1,354,073,000

is hereby adopted.

5

2018 Capital Budget Summary of Revenues and Expenditures (in thousands)

Change from 2017 Budget

% Change from 2017 Budget

2016 Actual

2017 Adopted Budget

2017 Estimate

2018 Proposed Capital Budget

95,980 30,264 3,698 13,074 2,210 -

98,380 30,869 1,906 33,820 815 80,000

98,380 30,877 6,535 6,468 2,070 86,155

98,380 31,256 1,812 31,514 1,497 -

387 (94) (2,306) 682 (80,000)

0.0% 1.3% -4.9% -6.8% 83.7% -100.0%

145,226

245,790

230,485

164,459

(81,331)

-33.1%

49,408 $194,634

(26,556) $219,234

(31,039) $199,176

35,033 $199,492

61,589 (19,742)

-231.9% -9.0%

19,889 9,239

44,937 10,743

29,287 12,624

48,260 9,726

3,323 (1,017)

7.4% -9.5%

Other Projects

27,161 14,661

11,889 25,029

13,042 22,754

10,164 22,428

(1,725) (2,601)

-14.5% -10.4%

Total Capital Program Group Expenses

70,951

92,598

77,706

90,578

(2,019)

-2.2%

98,345

102,051

99,687

97,183

(4,868)

-4.8%

25,338 123,683

24,585 126,636

21,783 121,470

11,730 108,913

(12,855) (17,723)

-52.3% -14.0%

$194,634

$219,234

$199,176

$199,492

($19,742)

-9.0%

$1.74

$1.75

$1.75

$1.73

($0.02)

-1.4%

Revenues

Revenues and Expenditures

Tax Levy Non-member Communities Federal and State Aid State Loans Interest and Other Income District Bonds Total Revenues Available Funds Use of (Additions to) Available Funds Total Revenues and Available Funds Expenditures Capital Program Group Water Reclamation Facilities Conveyance Facilities Watercourse and Flood Management Projects

Debt Services Payments* From Tax Levy and Available Funds Reserved in Debt Service Fund Debt Service Total Expenditures Tax Rate per $1,000 of Equalized Value

Note: The sum of rounded components may not equal the total due to rounding

2018 Proposed Capital Budget Long-Range Financing Plan (Dollars in thousands)

Estimate 2017 Beginning Balance Tax levy Non-member Billings Interest & other Federal, State Aid and Grants CWF Loans District Bonds/Notes Total revenues Use of (Additions to) available funds Total sources

Budget 2018

2019

6-Year Plan 2020 2021

2023

$88,909 $98,380 $31,256 $1,497 $1,812 $31,514 $0 $164,459

$53,877 $102,315 $31,907 $1,083 $2,164 $37,159 $95,000 $269,628

$106,408 $33,297 $1,573 $2,189 $29,205 $0 $172,671

$110,664 $32,782 $1,027 $1,736 $36,271 $95,000 $277,480

$54,655

$103,544

$115,091 $30,765 $1,481 $1,761 $33,798 $0 $182,895

$119,694 $33,896 $867 $1,922 $31,458 $100,000 $287,836

$652,552 $193,902 $7,528 $11,583 $199,405 $290,000 $1,354,970

($31,309) $199,176

$35,033 $199,492

($52,078) $217,550

$51,300 $223,971

($48,889) $228,591

$57,685 $240,580

($43,947) $243,889

($897) $1,354,073

$29,287 $12,624 $13,042 $22,754 $77,706

$48,260 $9,726 $10,164 $22,428 $90,578

$45,464 $19,545 $19,008 $22,778 $106,795

$42,261 $8,406 $25,931 $28,344 $104,942

$45,598 $11,768 $32,054 $18,984 $108,403

$50,827 $33,217 $32,870 $16,901 $133,814

$56,519 $34,252 $31,580 $16,719 $139,070

$288,929 $116,913 $151,607 $126,153 $683,602

Existing MMSD GO debt service Existing CWFL Debt Service Existing Other Debt Service Future CWFL Debt Service Future MMSD GO debt service Debt Service Fund Total Debt service

$45,810 $71,493 $4,166 $0 $0 $0 $121,470

$35,690 $71,058 $1,693 $473 $0 $0 $108,913

$33,288 $70,723 $1,692 $2,676 $2,375 $0 $110,754

$34,931 $69,730 $1,692 $5,054 $7,623 $0 $119,030

$34,984 $66,392 $1,691 $7,123 $9,998 $0 $120,189

$27,601 $52,704 $1,691 $9,524 $15,246 $0 $106,766

$22,424 $51,198 $1,691 $11,761 $17,746 $0 $104,819

$188,918 $381,805 $10,149 $36,610 $52,988 $0 $670,471

Total uses

$199,176

$199,492

$217,550

$223,971

$228,591

$240,580

$243,889

$1,354,073

$88,909

$53,877

$105,955

$54,655

$103,544

$45,859

$89,806

$89,806

-24% 4.0% $1.74 $871,839 1.40%

72% 4.0% $1.78 $811,364 1.27%

-21% 4.0% $1.80 $852,402 1.29%

75% 4.0% $1.83 $810,191 1.19%

5% 4.0% $1.86 $868,698 1.24%

28.4%

$1.75 $875,688 1.52%

65% 0.0% $1.73 $823,766 1.37%

Ending balance % Cash Financing % Change in Tax Levy Tax rate / $1000 G.O. Debt at Year-end Debt as % of Eq. Value

$45,859

6Y Total (2018-2023)

$57,600 $98,380 $30,877 $2,070 $6,535 $6,468 $86,155 $230,485

Less: Water Reclamation Facilities Conveyance Facilities Watercourse & Flood Management Other Projects / Programs Total Projects/Programs

$105,955

2022

1. 2018 beginning balance is net of $29.2M reserved for capital reimbursement programs: Private Property I/I and Green Solutions. 2. Tax levy growth limited to 0% for 2018 and 4% thereafter. To achieve tax rates shown, available working capital is placed in a debt service fund to abate the tax levy as necessary. 3. Change in District equalized value is 1.5% in 2018 and 2.5% thereafter; and non-member in 2018 at an average 3.6% in 2018 and 2.6% thereafter. 4. Investment of available funds at 2%. 5. Future District bond issues structured as 20-year level debt service at 4% in 2017 and 5% thereafter. 5. Future Clean Water Fund Loan debt service assumed at 3%.

ID J01008 J01013 J01015 J01016 J01019 J01021 J02012 J02013 J03004 J04029 J04031 J04033 J04035 J04036 J04037 J04038 J04039 J04040 J04041 J04043 J04046 J04047 J04050 J04051 J04052 J04057 J04059 J04060 J04061 J04065 J04067 J06022 J06032 J06034 J06037 J06045 J06050 J06051 J06052 J06054 J06055 J06056 J06058 J06061 J06062 J06064 J06065 J06066

TOTAL PROJECT COSTS Project Title Upgrade Primary Clarifier Mechanisms Preliminary Facility Electrical Upgrade JI Primary Clarifier Channel Improvements Primary Effluent Division Chamber Sampler JI Force Main Assessment Grit Basin Equipment Replacement Aeration System Diffusers Replacement East Plant RAS Header and Pump Replacement JI Effluent Pump Replacement E/B Tank Mixing Compressor Replacement Biosolids/Energy Instrumentation Upgrade D&D Drainage Piping & Quench Chambers Rehabilitation Greens Grade Train Replacement and Redundant Train Evaluation Main Recycle Screw Conveyor #1 Replacement Thickened Sludge Improvements D&D Dryers Guillotine Gate Replacement D&D Building Explosion Relief Panel Replacement D&D Freight & Passenger Elevator Rehab Milorganite Facilities Improvement - Phase III Replace Wet Recycle Screws 1 & 2 D&D ID Fan Energy Conservation Install Winches at Chaff Load out Bay Dryer Feed and Discharge Screw Replacement MRAB Feed Screw Replacements Milorganite Facilities Improvements Phase IV Dryer Exhaust Duct Header Replacement Milorganite Product Cooler Replacement Sludge Cake Transport & Feed Conveyors Replacement D&D PLC 5 Upgrades D&D First Stage Classification Equipment Replacement D&D South Cake Loadout System Site Settlement JI Geotechnical Structural Analysis Head Tank Wall Extension Gas Turbine Replacement HVAC for Computer Room in Ops Building JI I&C Improvements JI Building Roof Replacement Building Piping Inventory & Rehabilitation ISS Crane Rehabilitation Alternative Power Feed to Operations Building Turbine Extended Service Agreement JI Building Roof Replacement - Phase II Dryer Conversion for Additional LFG Re-Commission GE Turbine #2 Gaseous Fire Suppression Systems Rolling Stock & Other Equipment Power System Improvements

Total Project Cost $5,318,022 $3,998,455 $424,376 $114,594 $650,007 $1,189,935 $3,614,750 $2,093,149 $2,908,999 $580,494 $706,473 $1,501,997 $1,799,501 $1,274,056 $1,309,206 $2,593,754 $2,947,892 $2,680,822 $5,511,380 $1,837,554 $1,520,664 $260,604 $5,219,918 $699,623 $3,129,942 $2,562,443 $1,657,366 $4,395,251 $7,634,526 $5,786,747 $631,226 $1,736,349 $1,176,607 $2,089,860 $43,867,228 $449,487 $1,772,551 $5,834,204 $953,620 $1,905,967 $200,174 $15,474,830 $3,021,937 $9,284,383 $325,097 $867,626 $7,505,041 $752,291

J06068 J06069 J06073 J06075 S01009 S02008 S02009 S02010 S02012 S02013 S02014 S03003 S04010 S04020 S04023 S04024 S04025 S04027 S04028 S04030 S04031 S06015 S06019 S06022 S06024 S06026 S06027 S06028 S06029 S06032 S06033 S06034 S06036 S06038 S06039 S06040 P01003 P01005 P01006 P02002 P02003 P02004

JI & SS Network Optimizations JI Building Roof Replacement - Phase 3 Harbor Siphons Area Settlement Mitigation 2018 JI Capital Equipment Rehabilitation/Replacement Scum System Improvements SS Capacity Improvements SS Aeration Control System Upgrade RAS VFD Replacements Biological Phosphorous Removal Aeration Galleries RAS Header Piping Rehab Secondary Clarifier Idling Control Post-Secondary Capacity Improvements Thickening Process Capacity Enhancements Digester Mixing and Piping Replacement Aeration Basin Concrete Rehab - Phase II Digester Gallery Piping Rehab HW Boiler Control Systems Improvements WAS Digesting Study Remove Grass Cover at Digesters Aeration Basin Concrete Rehab - Phase III Digester Gas Treatment System SS Geotechnical Structural Analysis Replace W3 Flushing Water Pumps Building 326 Site Improvements SS Building Roof Replacement SS Building Roof Replacement - Phase II Tunnels Concrete Rehabilitation Central Control Building H2S Removal System Med Voltage Switchgear Replacement SS Rolling Stock & Other Equipment Upgrade Medium & Low Voltage MCC's Building Roof Replacement Phase III Gas Compressor 5 DG Enhancements 2018 SS Capital Equipment Rehabilitation/Replacement Building Roof Replacement Phase IV SS Network Optimization Interplant Pipeline Improvements at South Shore Interplant Pipeline Improvements - Phase II Replace IPS Pipes within South Shore WRF Property West Shore Pipeline LFG Pipeline Pigging Station Landfill Gas System - Metro Landfill Total Water Reclamation Facilities Projects

$822,840 $4,540,429 $513,713 $8,008,000 $1,685,024 $3,570,300 $1,706,171 $1,138,824 $4,736,769 $2,758,108 $580,677 $1,860,000 $2,943,230 $5,058,652 $2,702,940 $1,197,815 $717,523 $89,036 $4,246 $2,182,865 $4,875,507 $470,699 $1,414,662 $939,941 $1,391,617 $864,201 $3,107,981 $1,471,291 $3,747,894 $3,820,055 $3,099,330 $2,461,887 $197,146 $8,407,065 $3,756,032 $443,812 $2,703,664 $14,936,235 $3,579,302 $10,177,116 $950,502 $11,361,684 $304,765,763

ID C02008 C02011 C03009 C03012 C04005 C04010 C04011 C05041 C05051 C06021 C07037 C98044 C98045 C98047 C98051 C98052 C98053 C98055 C98056 I03009 I06001 I98003 K01008 K01010 K01012 K01013 K01014

Project Title Force Main Rehabilitations Force Main Greenfield Park Rehabilitation Project 107th St. MIS Improvement ZIC MIS Lining & Manhole Reconfiguration Martha Washington/Highlands MIS Rehab Mill/Green Bay/Green Tree MIS Relief Martha Washington Dr. MIS Segment Rehabilitation CMIS - Basin H PCB Remediation and Rehabilitation (C016) Edgewood MIS Extension S. 27th Howard to Euclid MIS Rehab South Shore Force Main Assessment MIS Abandonment Conveyance Gate Rehab Access Hatch Covers Conveyance Gate Rehab, Phase 3 Miscellaneous Sewer Rehab Conveyance Gate Rehab, Phase 4 Conveyance Equipment Replacement Conveyance System Modeling Software Improvements CSO 125 Backflow Prevention NS12 Collector System Improvements Miscellaneous Outfall Improvements SCADA Back-up Communication Systems Wet Weather Peak Flow Measurement System Conveyance SCADA Upgrade Replace Level Sensors in ISS Structures Replace Level Sensors in ISS Structures-Phase II Total Conveyance Projects

ID W10001 W10002 W10004 W11030 W11031 W13002 W16001 W20018 W20020 W20021 W20023 W20025 W20027 W20028 W20029 W20031 W21005 W21006

Project Title Milwaukee River Flood Mgt Estabrook Dam Removal Milwaukee River Planning Study – Capitol to Bender E - North 30th Street Corridor Wet Weather Relief - East W - North 30th Street Corridor Wet Weather Relief - West Indian Creek Improvements Milwaukee River Lake Estuary Study Concordia Avenue Menomonee Valley Flood Mgt (Falk) Menomonee River Stream Management - CR Phase II Menomonee River Stream Mgt Removal of 5 Low Gradient Barriers Western Milwaukee Phase 2A Western Milwaukee Phase 2B Western Milwaukee Real Estate & Environmental Assessment Menomonee River Estuary Study Phase I - Underwood Creek Reach 1 - CR Phase II - Underwood Creek Reach 1, Phase II - CR

Total Project Cost $2,506,150 $1,611,108 $880,571 $1,127,180 $4,654,482 $52,302,078 $354,605 $6,489,281 $6,817,209 $588,937 $988,668 $1,183,863 $6,833,048 $1,801,805 $3,681,875 $423,836 $3,009,271 $600,000 $2,484,284 $248,756 $8,557,236 $215,124 $740,573 $16,354,932 $7,692,451 $521,715 $465,914 $133,134,952 Total Project Cost $45,712,639 $2,777,364 $475,000 $14,703,629 $24,030,062 $77,000 $308,075 $3,899,830 $980,917 $5,576,244 $3,079,999 $1,456,974 $2,197,954 $22,140,551 $8,531,915 $367,401 $4,389,299 $7,538,875

W21007 W24005 W24006 W26004 W28001 W28002 W29002 W34001 W40002 W40007 W40008 W40009 W40010 W40011 W40012 W41001 W45002 W50005 W50006 W91001 W96001 W97003

ID G98002 G98004 M01011 M01012 M01019 M01023 M01024 M01026 M01029 M01030 M01031 M01032 M01033 M03016 M03029 M03036 M03037 M03043 M03045 M03048 M03051 M03059 M03062 M03063 M03064

Underwood Creek Reach 2 - CR Honey Creek Watercourse Mgmt. Plan & BMPs Honey Creek USACE Habitat Improvement Feasibility Study Grantosa Parkway Schoonmaker Creek Daylighting Schoonmaker Creek Burnham Canal W. Branch Root River Flood Management KK River Real Estate Decon./Demo. & Pulaski Park KK River Reach 3 - CR KK River S. 6th to S. Chase Flood Mgt Jackson Park KK River Watershed KK River I-94 to Becher KK River - 6th to 16th St. KK River Flood Management - Lyons Creek (W026) Wilson Park Creek Reach 3 - CR Oak Creek Flood Management - Floodproofing/Acquisition Oak Creek Watershed Restoration Plan Phase II Corridor & SEWRPC Studies Fresh Coast Implementation GMRCPP - Great Milwaukee Regional Conservation Partnership Program Total Watercourse/Flood Mgmt Projects Project Title Fresh Coast Green Solutions Phase 2 Fresh Coast Implementation Phase 2 NFPA Study Milw River Flushing Station Building Rehab Safe Atmosphere Monitoring Wharf Wall Improvements ADA Improvements to HQ & Lab HQ & Lab Heat & Power Generation System HQ Wharf Wall System Restoration Headquarters and Laboratory Office Remodel and Reconfiguration Replace Laboratory Chiller N. 44th Street Property Restoration (Miller Park Area) 4044 N. 31st Street Demolition/Deconstruction Post 2020 FP Implementation Evaluation & Planning Water Quality Studies Continuous Water Quality Monitoring Stations 2050 Facilities Planning - Ultimate Build-out Greenhouse Gas Planning Study Cross Connection Eliminations Regional Green Roof Initiative Alternative Energy Planning TMDL Studies Integrated Regional Stormwater Mgt Plan Private Lateral Inspection and Engineering Fresh Coast Green Solutions

$20,500,000 $311,360 $600,000 $41,804 $10,011,490 $5,168,736 $8,993,748 $381,529 $35,278,621 $13,160,950 $5,819,897 $37,540,406 $3,201,174 $17,605,213 $41,464,308 $13,736,802 $28,330,790 $6,605,160 $343,229 $2,762,288 $7,629,021 $4,735,063 $412,465,317 Total Project Cost $2,174,071 $9,521,137 $730,916 $906,143 $1,280,785 $1,620,594 $551,689 $507,202 $3,250,063 $330,000 $200,000 $1,821,829 $1,723,755 $29,467,558 $5,789,799 $318,898 $8,475,681 $1,618,308 $413,829 $4,992,395 $481,151 $2,495,121 $2,255,171 $5,555,223 $6,337,580

M03072 M03074 M03088 M03091 M03092 M03096 M03097 M03098 M06011 M06012 M06013 M06014 M06015 M10004 L090002

Energy Plan MMSD Force Main Condition Assessment Corridor Study, Phase 5 Ad Hoc Water Quality Studies 2017-2021 2050 Facility Plan's Regional Resilience Plan Biological Indicators - TMDLs Long Term CSO Control Plan Update Monitoring for Capital Project Development and Support Information Technology Software Systems Network Equipment Replacement Capital Program Management System WRF Building Information Modeling Real Estate Software PPI/I Implementation Phase 2 (Labor) Replacement Laboratory Equipment Total Other Projects

$433,478 $468,046 $2,400,361 $7,685,653 $765,691 $983,568 $346,777 $12,274,597 $2,169,895 $599,252 $1,635,900 $742,808 $150,000 $4,522,508 $387,590 $128,385,022

Item 7

COMMISSION FILE NO: 17-100-10 INTRODUCED BY:

DATE INTRODUCED:

Executive Director (Signature on File in the Office of the Commission)

REFERRED BY COMMISSION CHAIRPERSON TO: RELATING TO:

October 9, 2017

Policy, Finance, and Personnel Committee

Levying of Taxes for the Milwaukee Metropolitan Sewerage District Capital Purposes for the 2018 Fiscal Year

SUMMARY: The Commission is requested to adopt the 2017 tax levy to fund the 2018 Capital Budget, pursuant to Sec. 200.55(6), Stats. The proposed tax levy of $98,380,000 will fund District general obligation debt service payments for District-issued bonds and Clean Water Fund Program loans in 2018. The proposed tax levy is consistent with the Executive Director’s proposed 2018 Capital Budget, resulting in a tax rate of $1.73 per $1,000 of equalized property value, an increase of 0.00% over the prior year’s tax levy. A two-thirds majority vote of all Commissioners is required to adopt the levy.

ATTACHMENTS:

BACKGROUND

FISCAL NOTE

S/W/MBE

KEY ISSUES

RESOLUTION

OTHER

PFP_2018 LevingTaxesCapitalPurposes_legislative_file.docx 09-15-17

COMMITTEE ACTION:

DATE:

COMMISSION ACTION:

DATE:

RESOLUTION Levying of Taxes for the Milwaukee Metropolitan Sewerage District Capital Purposes for the 2018 Fiscal Year

RESOLVED, by the Milwaukee Metropolitan Sewerage Commission, that, to finance the acquisition, extension, planning, design, construction, adding to or improvement of land, waters, property, or facilities for sewerage purposes and to pay principal and interest on bonds and notes as provided in the 2018 fiscal year capital budget of the District, there is hereby levied upon all taxable property in the District (as equalized for State purposes), pursuant to Sec. 200.55(6), Stats., a non-repealable, direct annual tax in an amount totaling $98,380,000, which sum is sufficient for the purposes listed below, and which shall be carried on to the tax roll of each city, town, or village wholly or partially within the boundaries of the District and collected in addition to all other taxes and in the same manner and at the same time, all as provided by law and which tax shall be in addition to all other State taxes: a. $38,579,000 for debt service coming due in 2018 on outstanding general obligations of the District that were publicly offered (for which a non-repealable direct annual tax has previously been levied by the Commission) less amounts recorded in the debt service fund created for those general obligations; and b. $71,058,000 for debt service coming due in 2018 on outstanding general obligations of the District that were sold to the State of Wisconsin Clean Water Fund Program (for which a non-repealable direct annual tax has previously been levied by the Commission) less amounts recorded in the debt service fund created for those general obligations; and c. $473,000 for debt service coming due in 2018 on new anticipated general obligations of the District to be sold to the State of Wisconsin Clean Water Fund Program.

2

Item 8

COMMISSION FILE NO: 17-101-10 INTRODUCED BY:

DATE INTRODUCED:

Executive Director (Signature on File in the Office of the Commission)

REFERRED BY COMMISSION CHAIRPERSON TO: RELATING TO:

October 9, 2017

Policy, Finance, and Personnel Committee

Approve Updates to Commission Policy 1-15.02, Capital Budget

SUMMARY: The Commission is requested to approve changes to Commission Policy 1-15.02, Capital Budget, to provide the Executive Director with the authority to make changes up to $50,000 or 10%, whichever is less, to total project cost related to updated estimates for labor resource needs and minor scope modifications that occur outside of a contract modification or amendment. The current policy language provides the Executive Director the authority to make changes to total project cost that has been previously approved by the Commission in accordance with Commission Policy 1-78.02, contract modifications or amendments, together with any District labor costs required to implement these changes. The current policy does not provide the Executive Director the authority to make changes that are not specifically driven by contract modifications or amendments. Total project cost includes all estimated costs for activities to complete a single project. As projects evolve and move closer to completion, the estimates are subject to change. Total project cost is a strong financial internal control that ensures the total cost of the project remains within the approved amounts. Current policy provides two mechanisms to approve such changes. The first is Commission approval, and this can occur during the annual budget approval or mid-year during a separate Commission action. The second is Executive Director approval, and this is limited to changes related to contract modifications or amendments. ATTACHMENTS:

BACKGROUND

FISCAL NOTE

S/W/MBE

KEY ISSUES OTHER

RESOLUTION

Revised Commission Policy 1-15.02

PFP_Approve_Changes_to_Capital_Budget_Policy_legislative_file.docx 09-20-17

COMMITTEE ACTION:

DATE:

COMMISSION ACTION:

DATE:

SUMMARY (Cont’d) Approve Updates to Commission Policy 1-15.02, Capital Budget

There are circumstances where minor changes are needed to total project cost that are not related to contract modifications or amendments. Executive Director approval rather than Commission approval would provide efficiencies in terms of timeliness and process. Limiting the amount of increase to $50,000 or 10%, whichever is less, provides a reasonable level of authority, but also maintains the financial and other internal controls required for more significant and material changes.

2

RESOLUTION Approve Updates to Commission Policy 1-15.02, Capital Budget

RESOLVED, by the Milwaukee Metropolitan Sewerage Commission, that changes to Commission Policy 1-15.02, Capital Budget, as attached hereto are approved.

3

Commission Policy Subject:

Capital Budget

Index:

Authority

Statute: 200.53, 200.55, 65.90

Page: 1 of 6 Date Issued: 05/21/81

Resolution:

I.

1-15.02

81-022-5D; 83-135-8(4); 93-066-3(02); 98- Date Revised: 01/28/13 129-9(03); 02-136-7; 05-047-4; 13-010-1; 10/23/17 17-101-10

Definition In this policy, the following words and phrases have the meanings indicated below. "Project" means any of several activities which are integrally related to and may result directly in the creation of or modifications to a District asset. Such activities include, but are not limited to, feasibility studies, facilities planning studies, engineering and design studies and plans, and actual construction. A single project may consist of one or more of these activities, and may or may not include construction. "Total Project Cost" includes all estimated costs for activities to complete a single project. “Capital Project Plan” is the 6-year plan identifying total project costs in the year each project starts in each year of the 6 year plan. “Capital Budget” is the annual financing plan for the budget year’s anticipated capital account expenditures. “Long-Range Financing Plan” is 6-year plan identifying sources of funds and anticipated capital expenditures in each year of the 6-year plan. "Capital Expenditure Account" is the fiscal summation of the annual expected capital expenditures of one or more projects arranged by geographic location, function or activity (see II.A. 1-5). “Proposed Capital Budget” is the Executive Director’s annual budget recommendation for the upcoming calendar fiscal year. The “Proposed Capital Budget” is subject to a public hearing preceded by a public notice published pursuant to Wis. Stat. ch. 985. The “Proposed Capital Budget” is subject to change either through Commission-sponsored or staff-sponsored amendments (refer to Commission Policy 1-15.09). A “Proposed Capital Budget” becomes a “Capital Budget” for the succeeding fiscal year when the Commission adopts an approving resolution(s) following consideration of the “Proposed Capital Budget” and any amendments that have been forwarded by Committee as part of the process leading to adoption of a Capital Budget; comments of the public following the noticed public hearing on the “Proposed Capital Budget;” staff-proposed amendments thereto; and commissioner-sponsored amendments thereof.

Commission Policy Subject:

Capital Budget

Index:

Authority

Statute: 200.53, 200.55, 65.90

Page: 2 of 6 Date Issued: 05/21/81

Resolution:

II.

1-15.02

81-022-5D; 83-135-8(4); 93-066-3(02); 98- Date Revised: 01/28/13 129-9(03); 02-136-7; 05-047-4; 13-010-1; 10/23/17 17-101-10

Capital Expenditure Accounts A.

The Capital Project Plan, the Capital Budget, and the Long-Range Financing Plan consist of five major Capital Expenditure Accounts: 1. Water Reclamation Facilities; 2. Conveyance Facilities; 3. Watercourse and Flood Management Projects; 4. Other Projects; and 5. Debt Service.

III. Budget Submittal and Hearings A.

The Executive Director shall annually submit to the Commission the following: 1.

For Commission Action: a. Total Project Costs – A list of all projects new to the current budget year with the estimated costs to complete each project, as well as a list of all existing projects that have changes in previously granted total project cost. Commission action on the Total Project Costs is the policy setting mechanism, not an authorization to expend funds. b. Capital Budget - The annual financing plan for a fiscal year’s anticipated Capital Expenditure Account expenditures. Commission action on the Capital Budget identifies the amount of the tax levy and other sources of funds anticipated for the budget year’s capital expenditures. Approval of the Capital Budget by the District’s Commission does not in itself authorize any specific expenditures or projects. Expenditure of funds must be in accordance with the District’s separate Commission Policies for procurement.

Commission Policy Subject:

Capital Budget

Index:

Authority

Statute: 200.53, 200.55, 65.90

Page: 3 of 6 Date Issued: 05/21/81

Resolution:

1-15.02

81-022-5D; 83-135-8(4); 93-066-3(02); 98- Date Revised: 01/28/13 129-9(03); 02-136-7; 05-047-4; 13-010-1; 10/23/17 17-101-10

c. Long-Range Financing Plan - The 6-year plan identifying anticipated sources of funds for anticipated capital expenditures in each year of the 6 year plan. It will also include a summary of actual revenues and expenditures for the preceding calendar year and an estimate of revenues and expenditures based on the first six months (or most current actual data) for the current calendar year. Commission action on the Capital Financing Plan approves the financial plan for out-years capital financing and capital expenditures for planning purposes only; it does not set the level of taxing and other sources of funds or capital expenditures in subsequent years. 2.

For informational purposes: a. Capital Project Plan is the 6-year anticipated total project costs according to the year each new project starts for each of the 6 years. The Capital Project Plan will provide the Commission with information on the level and type of future capital expenditures.

B.

The Executive Director shall submit project descriptions, appropriate justifications and a summary of the District's indebtedness.

C.

The Executive Director, with the Policy, Finance and Personnel Committee's approval, shall establish a calendar for public hearings and the Commission's review of the Proposed Capital Budget. A summary of the Capital Project Plan, Total Project Costs, the Proposed Capital Budget and the Long-Range Financing Plan shall be made available for public inspection at least 15 days prior to the public hearing. A notice of the public hearing shall be published as a display notice at least 15 days prior to the hearing.

IV. Commission Action, When Required A.

Commission action is required for the following:

Commission Policy Subject:

Capital Budget

Index:

Authority

Statute: 200.53, 200.55, 65.90

Page: 4 of 6 Date Issued: 05/21/81

Resolution:

1.

1-15.02

81-022-5D; 83-135-8(4); 93-066-3(02); 98- Date Revised: 01/28/13 129-9(03); 02-136-7; 05-047-4; 13-010-1; 10/23/17 17-101-10

The consideration, amendments to the Proposed Capital Budget, and adoption of the Capital Budget, Total Project Costs, and the Long-Range Financing Plan require a majority vote.

2. Amendments to an adopted Capital Budget that increase or decrease the adopted Capital Expenditure Account budgets. A two-thirds majority vote is required for amendments to an adopted Budget. The resolution presented to the Commission for approval must include the sources and uses of funds in the amendment. 3. The addition of a new project not included in the adopted Capital Budget. The resolution presented to the Commission for approval must describe the Total Project Cost, including the amount estimated to be spent in the current year and over the life of the project. a. If funds are available within the same Capital Expenditure Account without increasing the Capital Budget, a simple majority vote is needed. b. If funds are transferred between Capital Expenditure Accounts or from working capital to fund the project without increasing the Capital Budget, a two-thirds vote is required in accordance with State law. 4. The change to any Total Project Cost that exceeds the Executive Authority granted in this policy in section VI.B. 5. The issuance of bonded debt and notes or promissory notes to finance the Capital Budget. A two-thirds majority vote is required. 6. The issuance of municipal obligations in anticipation of receiving proceeds from Clean Water Fund Program loans. A three-fourths majority vote is required. 7. The levying of property taxes. A two-thirds majority vote is required. Note: In the unusual event that one or more resolutions authorizing full financing of the Capital Budget adopted under sec. 200.53 Wis. Stats. are not likely to be adopted in a timely manner, sec. 200.27 (2)(b) Wis. Stats., authorizes the Commission to act by simple

Commission Policy Subject:

Capital Budget

Index:

Authority

Statute: 200.53, 200.55, 65.90

Page: 5 of 6 Date Issued: 05/21/81

Resolution:

1-15.02

81-022-5D; 83-135-8(4); 93-066-3(02); 98- Date Revised: 01/28/13 129-9(03); 02-136-7; 05-047-4; 13-010-1; 10/23/17 17-101-10

majority to finance the Capital Budget as necessary in an amount not to exceed $40 million.

V.

VI.

VII.

Capital Budget Expenditure Authority A.

Project expenditures made pursuant to adoption of the Capital Budget must be authorized by separate action of the Commission, as required, and are governed by Commission policy and State law, and are executed by the Commission or the Executive Director, as appropriate to their authority levels. Force account expenditures, such as District staff time and expenses, are authorized upon the effective date of the Budget adopted by the Commission.

B.

Budget control in the Capital Budget is at the Capital Expenditure Account level.

Executive Director Authority A.

Within the limits of authority delegated by Commission policy or action, the Executive Director may, without further Commission approval during the budget year, execute contracts, contract amendments or contract modifications, or change project schedules, within a single Capital Expenditure Account provided that total spending in the affected Capital Expenditure Account of the Capital Budget, as approved by the Commission, are not exceeded.

B.

The Executive Director is delegated authority to make changes to Total Project Cost previously approved by the Commission in accordance with Commission Policy 1-78.02 together with any District labor costs required to implement these changes. The Executive Director is also delegated to make changes to Total Project Cost previously approved by the Commission and not related to a contract modification or amendment up to $50,000 or 10%, whichever is less.

Executive Director Responsibility

Commission Policy Subject:

Capital Budget

Index:

Authority

Statute: 200.53, 200.55, 65.90

Page: 6 of 6 Date Issued: 05/21/81

Resolution:

1-15.02

81-022-5D; 83-135-8(4); 93-066-3(02); 98- Date Revised: 01/28/13 129-9(03); 02-136-7; 05-047-4; 13-010-1; 10/23/17 17-101-10

The Executive Director shall prepare a quarterly report summarizing all transactions authorized under this policy. The final quarterly report in each year shall reconcile all such transactions against the adopted Capital Budget and Total Project Costs. The report shall be distributed to the Commission upon request.

Item 9

COMMISSION FILE NO: 17-102-10 INTRODUCED BY:

DATE INTRODUCED:

Executive Director (Signature on File in the Office of the Commission)

REFERRED BY COMMISSION CHAIRPERSON TO: RELATING TO:

October 9, 2017

Policy, Finance, and Personnel Committee

Declaration of Excess Lands and Authorization to Transfer Seven Greenseams® Purchased Properties

SUMMARY: The Commission is requested to approve the transfer of seven parcels of land to Milwaukee County, the Ozaukee Washington Land Trust, or the Wisconsin Department of Natural Resources as part of the Greenseams® Program; to declare as excess those property interests greater than the conservation easement for each of the parcels of land; and to authorize the Executive Director, as a condition of each transfer of title, to enter into conservation easements for each of the parcels for the benefit of the District to protect the conservation values of each parcel in perpetuity and to require the partner organization to maintain the parcel consistent with those conservation values. MMSD staff proposes that the District transfer these properties identified in the attached Table 1 to one of the appropriate partner agencies with each property subject to a permanent conservation easement retained by the District. All partner agencies have indicated a willingness to take ownership of the respective properties and to maintain the properties consistently with the conservation easement terms in perpetuity. These proposed transfers are consistent with the District’s plans for maintenance of acquired Greenseams® properties. The costs to the District will be an estimated $2,000 in closing costs for each parcel transferred for a total of not more than $14,000. The partner agencies will receive the property at no charge in return for its agreement to maintain the property in accord with the terms of the permanent conservation easement. The declaration of excess land by the Commission is necessary to comply with Wis. Stat. §200.43(4) prior to the District conveying the title for these properties to one of the partner agencies identified in Table 1 attached to this document.

ATTACHMENTS:

BACKGROUND

FISCAL NOTE

S/W/MBE

KEY ISSUES OTHER

RESOLUTION

Table 1 & Sample Greenseams® Conservation Easement

PFP_Greenseams_Transfers_Seven_legislative_file.docx 09-25-17

COMMITTEE ACTION:

DATE:

COMMISSION ACTION:

DATE:

RESOLUTION Declaration of Excess Lands and Authorization to Transfer Seven Greenseams® Purchased Properties

RESOLVED, by the Milwaukee Metropolitan Sewerage Commission, that the Executive Director is authorized, as part of the Greenseams® Program, to transfer seven properties to one of the partner agencies, as identified in Table 1 as attached hereto, and, that the Executive Director is authorized, as a condition of the transfer of title for each parcel, to enter into conservation easements for each of the parcels for the benefit of the District to protect the conservation values of each parcel in perpetuity and to require the partner organization to maintain the parcel consistent with those conservation values. FURTHER RESOLVED, by the Milwaukee Metropolitan Sewerage Commission, that, pursuant to Sec. 200.43(4), Wis. Stats., the District declares as excess any and all property interest greater than the permanent conservation easement to be retained by the District for each of the tax key parcels identified in Table 1 attached hereto. FURTHER RESOLVED, by the Milwaukee Metropolitan Sewerage Commission, that the Executive Director may accept and execute, on behalf of the Commission, all related conservation easements, deeds of conveyance, or other related real estate documents for an amount not to exceed $14,000.

2

Capital Budget Fiscal Note Total Project Cost RELATING TO:

Declaration of Excess Lands and Authorization to Transfer Seven Greenseams® Purchased Properties

Capital Project Number(s)

Impact of Requested Action on Total Project Cost:

W97002

Increase

Total Project Cost Analysis

Decrease

New Project

X No Change

Project Costs

Adopted 2017 Total Project Cost

*

Previously Approved Changes

$0

Approved Total Project Cost

*

Requested Total Project Cost

n/a

Requested (Increase)/Decrease

$0

Action to be taken to Long-Range Financing Plan to address Total Project Cost change Transfer from Allowance for Cost and Schedule Changes Transfer from another project (specify in comments) Delay Project(s) (specify in comments) Delete Project(s) (specify in comments) Other Transfer to Allowance for Cost and Schedule Changes

Comments *The Greenseams® program does not have a total project cost because it is a capital program.  The 2017 Capital Budget includes $1.2 million for 2017, and the long-range financing plan includes $7.2 million.  The adopted 2017 Capital Budget and the long-range financing plan have sufficient funding for the current request of $14,000.

Budget Review by:

Date:

Christine Durkin

9/6/2017

Table 1 Location

Acres

Tax Key Numbers

Purchase Price

Grant Amount

Year Purchased

Transferee

Oak Creek

9.8

Part of 8719985002

$33,000

$0

2014

Milwaukee County

Oak Creek

13

862995

$42,500

$0

2014

Northside Gospel

Farmington

137

T40300, T40299, T40301

$607,000

$243,492

2014

Nickel

Farmington

40

T40294

$160,000

$84,493

2015

Chris River

Farmington

59

T1035800D, T4035800Z

$326,000

$168,700

2013

Wiskerchen

Fredonia

40

400716000

$118,000

$74,461

2013

Meyer

Fredonia

15

400912001

$37,500

$0

2016

Milwaukee County Ozaukee Washington Land Trust or Wisconsin Department of Natural Resources Ozaukee Washington Land Trust or Wisconsin Department of Natural Resources Ozaukee Washington Land Trust or Wisconsin Department of Natural Resources Ozaukee Washington Land Trust or Wisconsin Department of Natural Resources Ozaukee Washington Land Trust or Wisconsin Department of Natural Resources

Property Oak Creek Invest Ludwig

CONSERVATION EASEMENT by and between ________________________(the "Grantor") a municipal body corporate and MILWAUKEE METROPOLITAN SEWERAGE DISTRICT (the “Grantee”), a municipal body corporate, of the former ______ Property, ____ Acres, Tax Key Number _______.

This space is reserved for recording data

Return to:

Milwaukee Metropolitan Sewerage District Attn: Del Dettmann, Real Estate Dept 260 West Seeboth Street Milwaukee, Wisconsin, 53204-1446 Parcel Identification Number/Tax Key Number

Tax Key Number _____

CONSERVATION EASEMENT (__________ Property Tax Key_________________) MILWAUKEE METROPOLITAN SEWERAGE DISTRICT

THIS GRANT OF CONSERVATION EASEMENT (the “Grant,” “Conservation Easement” or “Easement”) is made as of this ____day of _____________, 20___, by and between ______________ (the "Grantor") a municipal body corporate, and Milwaukee Metropolitan Sewerage District (the "Grantee"), a municipal body corporate. WITNESSED, WHEREAS, Grantor is the owner in fee simple of a ____ acre vacant parcel (the “Property”) in the ________, _________ County, Wisconsin, as described in Exhibit A, and as depicted on the surveys of the Property, copies of which are attached as Exhibit B (the “Survey”); and WHEREAS, Grantor and Grantee have identified certain conservation values associated with the Property as more fully described on Exhibit C and in the Baseline Documentation Reports referred to below (the “Conservation Values”), and Grantor and Grantee recognize that the Conservation Values of the Property and the Property’s scenic and open space values have great importance to Grantor, Grantee and the people of the State of Wisconsin; and WHEREAS, the goals of this Conservation Easement are to preserve the Conservation Values of the Property and to ensure that the Property contributes to the prevention of future flooding risks and the protection of air and water quality and ecological resources of the region as outlined in the Greenseams Program, adopted on October 31, 2001 by the Commissioners of the Milwaukee Metropolitan Sewerage District; and WHEREAS, the Grantor and Grantee desire, intend and have the common purpose of retaining the Property for conservation purposes, including its preservation as a relatively natural habitat of plants and animals and as open space for the scenic enjoyment of the general public and pursuant to governmental conservation policies, as described in Section 170(h) of the Internal Revenue Code of 1986, by placing perpetual restrictions on the use of the Property and granting affirmative rights to the Grantee to monitor and enforce such restrictions in order to preserve, enhance and restore the lands, all as described herein; and WHEREAS, the specific Conservation Values of the Property are documented in an inventory of relevant features of the Property set forth in the Baseline Documentation Report for this Property, which is on file at the offices of the Grantee (the “Baseline Documentation Report”) which report is incorporated by this reference as if fully set forth herein, which consists of reports, maps, photographs and other documentation of the Property at the time of this Grant, as well as the restoration plan for the Property, and is intended to serve as an objective (but not exclusive) information baseline for monitoring compliance with the terms of this Grant; and WHEREAS, the Uniform Conservation Easement Act and Section 700.40 of the Wisconsin Statutes, provide for the creation and conveyance of conservation easements which impose restrictions or affirmative obligations on lands for conservation purposes; and

_____ Property _____ acres

Page 1 of 16

Tax Key No. ______ ____________, WI

WHEREAS, the Grantee is eligible to be a qualified holder of a conservation easement pursuant to Section 700.40 of the Wisconsin Statutes and is a qualified organization under Section 170(h) of the Internal Revenue Code of 1986; and WHEREAS, the Grantee agrees by accepting this grant to honor the intentions of the Grantor stated herein and to preserve and protect in perpetuity the Conservation Values of the Property for the benefit of the public. NOW THEREFORE, in consideration of the payment of the sum of ____________ ($__________ ), the mutual covenants, terms, conditions, and restrictions contained herein, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, and pursuant to the laws of the State of Wisconsin, including the Uniform Conservation Easement Act, Section 700.40 of the Wisconsin Statutes, the Grantor hereby voluntarily grants and conveys to Grantee, this Conservation Easement in perpetuity over the Property of the nature and character and to the extent hereinafter set forth herein. 1. Purpose. It is the purpose of this Conservation Easement to assure that the natural, scenic and open space values of the Property will be retained, prevent any use of the Property that will significantly impair or interfere with its Conservation Values, and to the extent hereafter provided prevent the use or development of the Property in a manner that would conflict with the maintenance of the Property in its open space condition. The Property is included in a comprehensive plan, referenced in the baseline document which is a companion to this easement, to prevent future flooding risks and to protect air and water quality and ecological resources of the region and therefore shall be used only for conservation and passive, nature-based recreation as provided herein (the “Conservation Purposes”). Grantor intends that this Conservation Easement will confine the use of the Property to activities consistent with these Conservation Purposes. 2. Prohibited Uses. In furtherance of the foregoing, the Grantor makes the following covenants, on behalf of itself, its successors and assigns, which covenants shall run with and bind the Property in perpetuity, and shall be enforceable with respect to the Property by Grantee against the Grantor, its successors and assigns. Any activity on or use of the Property inconsistent with the Conservation Purposes of this Conservation Easement is prohibited. Prior express written consent from Grantee shall be obtained by Grantor in accord with paragraph 5 of this Conservation Easement whenever Grantor intends to take any action on or make use of the Property which Grantor believes to be inconsistent with the Conservation Purposes of the Conservation Easement. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited: 2.1 Subdivision of Property. The subdivision of the Property into smaller parcels, whether through legal or de facto subdivision, including divisions through the creation of condominiums, site leases or other means. It is the intent of this Paragraph to require that the entire Property remain as a single, indivisible tract managed for the Conservation Purposes of this Conservation Easement and to prohibit the conveyance of existing quarter sections and other whole legal descriptions constituting a part thereof, as well as the creation of any new lots or parcels containing any portion of the Property or to be used as common areas for adjoining lots.

_____ Property _____ acres

Page 2 of 16

Tax Key No. ______ ____________, WI

2.2 Commercial or Industrial Purposes. Use of the Property for commercial or industrial use, including use by easement or other right of access or passage across or upon the Property in conjunction with commercial activity, including commercial recreational use and commercial agriculture. This Paragraph shall not be construed to prohibit use of the property for educational or research purposes, provided such educational research uses do not involve the construction of any improvements on the Property nor permit the disturbance or alteration of the physical conditions of the Property except as allowed by Subsections 2.3 and 2.4 below. 2.3 Construction of Improvements. The placement or construction of any structures or other improvements of any kind (including, without limitation, roads and parking lots) other than the following: (a) Mowed areas, parking lots and other improvements intended solely for uses of the Property permitted hereby, but with mowed areas limited to no more than one acre of the Property, and a parking lot surfaced with permeable material sized to accommodate no more than twelve cars. (b) of the Property.

Trails which may be laid out and maintained in support of permitted uses

(c)

Interpretive signs, observation platforms and boardwalks, which may be

(d)

Maintenance, repair, renovation or replacement of existing permitted

constructed. structures. 2.4 Disturbance of Vegetation. Any disturbance of trees or other vegetation (including the creation or maintenance of sports fields or lawns) except as provided for in Subsection 2.3 or as follows: (a) Indigenous trees and other vegetation may be planted, managed or removed in order to construct, maintain, repair or replace permitted improvements and structures including without limitation, permitted buildings, roads, trails, fences and gates. (b) Diseased trees may be managed or removed to reduce or eliminate the threat of spreading the disease to other vegetation. (c)

To maintain legal access to the Property.

(d)

To allow for nature observation, nature trails and hunting.

(e) The restoration of natural vegetation and natural hydrology including dechannelization of ditches and contouring the land to simulate natural conditions. (f) Grantor may control growth of and remove exotic and non-native plant species including, but not limited to buckthorn, autumn olive, honeysuckle, purple loosestrife and garlic mustard.

_____ Property _____ acres

Page 3 of 16

Tax Key No. ______ ____________, WI

(g) Grantor may remove trees and other vegetation to avoid or reduce the risk from otherwise dangerous conditions. Notwithstanding the forgoing, Grantor may maintain the Property as unmanaged land in its natural condition. 2.5 Mining. Any exploration or exploitation of mineral resources by subsurface or surface means. 2.6 Soil Degradation. Any use or activity that causes or is likely to cause soil degradation, erosion, or significant pollution of any surface or subsurface waters. The best available management practices shall be employed to minimize soil erosion during and after construction of permitted uses and permitted restorations. Specifically, the Property may not be used to mitigate upstream development. 2.7 Waste. The dumping or other disposal of refuse, debris or noncompostable waste on the Property, excluding compostable woodchips, shredded wood and brush piles for the purpose of wildlife habitat and cover. 2.8 Signs. The placement of advertising signs or billboards on the Property, except those signs whose placement, number, and design do not significantly diminish the scenic character of the Property and signs displayed to state the name and address of the Property, to advertise the Property for sale or rent, to identify sponsors of and contributors to the Property and Grantor, to provide informational and educational data, or to post the Property to control unauthorized entry or use. 2.9 Alteration of Water Courses. Construction of ponds or other manipulation or alteration of watercourses or shore areas, except as allowed by Subsection 2.4(e) above. 2.10 grazing.

Agricultural Use. The use of the Property for agricultural purposes, including

2.11 Motorized Vehicles. There shall be no use of motorized vehicles on the Property without the prior written approval of the Grantee, except as necessary to perform land management activities and other activities specifically authorized in this Conservation Easement. 3. Rights of the Grantee. To accomplish the Conservation Purposes of this Conservation Easement, the following rights are conveyed to Grantee:

_____ Property _____ acres

Page 4 of 16

Tax Key No. ______ ____________, WI

3.1 Monitor. To enter upon the Property at reasonable times in order to monitor compliance with and otherwise enforce the terms of this Conservation Easement in accordance with Section 6, provided that, except in cases where Grantee determines that immediate entry is required to prevent, terminate, or mitigate a violation of this Conservation Easement, such entry shall be upon prior reasonable notice to Grantor, and Grantee shall not in any case unreasonably interfere with Grantor's use and quiet enjoyment of the Property; 3.2 Prevent Inconsistent Activities; Require Restoration. To prevent any activity on or use of the Property that is inconsistent with the Conservation Purposes of this Conservation Easement and to require the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use, pursuant to Section 6. 4. Reserved Rights. Grantor reserves to itself and to its successors and assigns, all rights accruing from its ownership of the Property, except as otherwise stated in this Conservation Easement, including the right to engage in, or permit or invite others to engage in, all uses of the Property that are not expressly prohibited herein and are not inconsistent with the purpose of this Conservation Easement. 5.

Notice and Approval.

5.1 Notice of Intention to Undertake Certain Permitted Actions. The purpose of requiring Grantor to notify Grantee prior to undertaking certain permitted activities, as provided in this instrument, is to afford Grantee an adequate opportunity to monitor the activities in question to ensure that they are designed and carried out in a manner that is not inconsistent with the purpose of this Conservation Easement. Whenever notice is required Grantor shall notify Grantee in writing not less than thirty (30) days prior to the date Grantor intends to undertake the activity in question. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit Grantee to make an informed judgment as to its consistency with the purpose of this Conservation Easement. 5.2 Grantee's Approval. Where Grantee's approval is required, as set forth in this instrument, Grantee shall grant or withhold its approval in writing sixty (60) days of receipt of Grantor's written request therefor. Grantee's approval may be withheld only upon a reasonable determination by Grantee that the action as proposed is inconsistent with the express conditions or Conservation Purposes of this Conservation Easement. 6.

Grantee's Remedies.

6.1 Notice of Violation; Corrective Action. If Grantee determines that a violation of the terms of this Conservation Easement has occurred or is threatened by Grantor, it shall give written notice to Grantor of such violation and demand corrective action sufficient to cure the violation and, where the violation involves injury to the Property resulting from any use or activity inconsistent with the purpose of this Conservation Easement, to restore the portion of the Property so injured to its prior condition in accordance with a plan approved by Grantee. 6.2 Injunctive Relief. If Grantor fails to cure the violation within sixty (60) days after receipt of notice thereof from Grantee, or under circumstances where the violation cannot _____ Property _____ acres

Page 5 of 16

Tax Key No. ______ ____________, WI

reasonably be cured within a sixty (60) day period, fails to begin curing such violation within such period, or fails to continue diligently to cure such violation until finally cured, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Conservation Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, and to require the restoration of the Property to the condition that existed prior to any such injury. 6.3 Damages. The Grantee shall be entitled to recover damages for violation of the terms of this Conservation Easement or injury to any conservation value protected by this Easement, including, without limitation, damages for the loss of scenic, aesthetic, or environmental values. Without limiting the Grantor's liability therefor, the Grantee, in its sole discretion, may apply any damages recovered to the cost of undertaking any corrective action on the Property. 6.4 Emergency Enforcement. If Grantee, in its sole discretion reasonably exercised, determines that circumstances require immediate action to prevent or mitigate significant damage to the Conservation Values of the Property, it may pursue its remedies under this Section 6 without prior notice to Grantor or without waiting for the period provided for cure to expire. 6.5 Scope of Relief. Grantee's rights under this Section 6 apply equally in the event of either actual or threatened violations of the terms of this Conservation Easement. Grantor agrees that Grantee's remedies at law for any violation of the terms of this Conservation Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in Subsection 6.2, both prohibitive and mandatory, in addition to such other relief to which it may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this Section 6 shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. 6.6 Costs of Enforcement. In the event of an enforcement action involving litigation, the Grantor and Grantee shall each be responsible for their own attorneys’ fees and costs of suit. 6.7 Forbearance. Forbearance by Grantee to exercise its rights under this Conservation Easement in the event of any breach of any term of this Conservation Easement by Grantor shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other term of this Conservation Easement or of any of Grantee's rights under this Conservation Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. 6.8 Waiver of Certain Defenses. Grantor hereby waives any defense of laches, estoppel, or prescription. 6.9 Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property resulting from causes beyond Grantor's control, including, without _____ Property _____ acres

Page 6 of 16

Tax Key No. ______ ____________, WI

limitation, actions of uninvited third parties, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. 7.

Costs, Liabilities, Taxes, and Environmental Compliance.

7.1 Costs, Legal Requirements, and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property, except as delineated in Section 3.4. Grantor shall maintain adequate liability insurance coverage, provided, however, that nothing contained herein shall be construed as requiring Grantee to maintain liability insurance coverage. Grantor remains solely responsible for obtaining any applicable governmental permits and approvals for any construction or other activity or use permitted by this Conservation Easement, and all such construction or other activity or use shall be undertaken in accordance with all applicable federal, state, and local laws, regulations, and requirements. Grantor shall keep the Property free of any liens arising out of any work performed for, materials furnished to, or obligations incurred by Grantor. 7.2 Remediation. If at any time after the execution of this Conservation Easement there occurs a release in, on, or about the Property of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, that is in any way significantly harmful or imminently threatening to human health or the environment, Grantor agrees to take reasonable steps to contain and remediate such substance, including a reasonable amount of cleanup, unless the release was caused by Grantee, in which case Grantee shall be responsible therefor. 7.3 Control. Nothing in this Conservation Easement shall be construed as giving rise, in the absence of a judicial decree, to any right or ability in Grantee to exercise physical or managerial control over the day-to-day operations of the Property, or any of Grantor's activities on the Property, or otherwise to become an operator with respect to the Property within the meaning of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA"), or similar laws imposing legal liability on the owner or operator of real property. 7.4 Hold Harmless. To the fullest extent permitted by law, Grantor and Grantee shall each be liable for their own acts, omissions and negligence and each agrees to indemnify and hold the other harmless for any injuries, losses, damages, costs and expenses resulting from its acts, omissions and negligence. Grantee’s and Grantor’s liability shall be limited by Wisconsin Statues 345.03(3) for automobile and 893.80(3) for general liability. Grantor and Grantee hereby release and agree to hold harmless, indemnify, and defend the other and its members, directors, officers, employees, agents, and contractors and the successors and assigns of each of them (collectively "Indemnified Parties") from and against any and all liabilities, penalties, fines, charges, costs, losses, damages, expenses, causes of action, claims, demands, orders, judgments, or administrative actions, including, without limitation, reasonable attorneys' fees, arising from or in any way connected with: (1) injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter _____ Property _____ acres

Page 7 of 16

Tax Key No. ______ ____________, WI

related to or occurring on or about the Property, except to the extent caused by any wrongful, intentional, or negligent acts of omissions of any of the Indemnified Parties; (2) the violation or alleged violation of, or other failure to comply with any state, federal, or local law, regulation, or requirement, including, without limitation, CERCLA and similar environmental laws, by any person other than any of the Indemnified Parties, in any way affecting, involving, or relating to the Property; (3) the presence or release in, on, from, or about the Property, at any time, of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, except to the extent caused by any of the Indemnified Parties; and (4) the obligations, covenants, representations, and warranties of this Section 7. 8.

Extinguishment and Condemnation.

8.1 Extinguishment. If circumstances arise in the future that render the purpose of this Conservation Easement impossible to accomplish, this Conservation Easement can be terminated or extinguished, whether in whole or in part, only by judicial proceedings in a court of competent jurisdiction from and after such court ordered extinguishment. Grantee shall be entitled to a portion of the gross proceeds collected from any sale, exchange, or involuntary conversion of all or any portion of the Property subsequent to such termination or extinguishments, equal to the fair market value of this Conservation Easement, or proportionate part thereof, as determined in accordance with Subsection 8.2. 8.2 Valuation. This Conservation Easement constitutes a real property interest immediately vested in Grantee, which, for the purposes of Subsection 8.1, the parties stipulate to have a fair market value determined by an independent appraisal by an appraiser approved by both parties. 8.3 Condemnation. If all or any part of the Property is taken by exercise of the power of eminent domain or acquired by purchase in lieu of condemnation, whether by public, corporate, or other authority, so as to terminate this Easement, in whole or in part, Grantor and Grantee shall act jointly to recover the full value of the interests in the Property subject to the taking or in lieu purchase and all direct or incidental damages resulting therefrom. All expenses reasonably incurred by Grantor and Grantee in connection with the taking or in lieu purchase shall be paid out of the amount recovered. Grantee's share of the balance of the amount recovered shall be determined as set forth in Subsection 8.2. 8.4 Application of Proceeds. By acceptance of this Conservation Easement by the Grantee, the Conservation Purposes of the Property are hereby considered to be the highest public use of the Property. Whenever all or part of the Property is taken in the exercise of eminent domain, so as to abrogate, in whole or in part, the restrictions imposed by this Conservation Easement, or this Conservation Easement is extinguished, in whole or in part, by other judicial proceeding, Grantor and Grantee shall be entitled to proceeds payable in connection with the condemnation or other judicial proceedings in an amount equal to the fair market value of their relative real estate interests at the time of the taking. Any costs of a judicial proceeding allocated by a court to the Grantor and Grantee shall be allocated in the same manner as the proceeds are allocated. _____ Property _____ acres

Page 8 of 16

Tax Key No. ______ ____________, WI

9. Assignment. This Conservation Easement is transferable. Grantee may assign its rights and obligations under this Conservation Easement only to an organization that is a qualified organization at the time of transfer under Section 170(h) of the Internal Revenue Code (or any successor provision then applicable), and authorized to acquire and hold conservation easements under Section 700.40 of the Wisconsin Statutes or any successor provision then applicable or the laws of the United States. As a condition of such transfer, Grantee shall require that the Conservation Purposes that this grant is intended to advance continue to be carried out. Grantee agrees to give written notice to Grantor of an assignment at least twenty (20) days prior to the date of such assignment; however failure to give such notice shall not affect the validity of such assignment, nor impair the validity or enforceability of this Conservation Easement. 10. Subsequent Transfers. Grantor agrees to incorporate the terms of this Conservation Easement by reference in any deed or other legal instrument by which it divests itself of any interest in all or a portion of the Property, including, without limitation, a leasehold interest or mortgage lien. Grantor further agrees to give written notice to Grantee of the transfer of any interest at least twenty (20) days prior to the date of such transfer. Upon the transfer of ownership of the Property, Grantor’s liability hereunder shall cease as to any action or occurrence arising subsequent to the date on which Grantor transfers title to the Property to a new owner. Said new owner shall thereupon be subject to the terms and conditions hereof, including any liability hereunder arising on account of any action or occurrence after transfer of title. As part of any transfer of ownership of the Property (but not in any transfer of a lesser interest, such as, by way of example only, a mortgage lien), Grantor agrees to use its best efforts to obtain the written agreement of the proposed transferee that it affirmatively assumes all of the covenants and obligations of Grantor hereunder. The failure of Grantor to perform any act required by this Section shall not impair the validity of this Conservation Easement or limit its enforceability in any way. Any and all mortgages or deeds of trust recorded subsequent to the recording of this instrument shall be automatically subordinate to the operation and effect of this Conservation Easement. 11. Estoppel Certificates. Upon request by Grantor, Grantee shall within forty-five (45) days execute and deliver to Grantor, or to any party designated by Grantor, an estoppel certificate, which certifies Grantor's compliance with any obligation of Grantor contained in this Conservation Easement or otherwise evidences the status of this Conservation Easement. Such certification shall be limited to the condition of the Property as of Grantee's most recent inspection. If Grantor requests more current documentation, Grantee shall conduct an inspection, at Grantor's expense, within sixty (60) days of receipt of Grantor's written request therefor. 12. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage prepaid, addressed as follows:

_____ Property _____ acres

To Grantor:

____________________ ___________________ ______________________

To Grantee:

Milwaukee Metropolitan Sewerage District Page 9 of 16

Tax Key No. ______ ____________, WI

Attn: ___________________ 260 West Seeboth Street Milwaukee, Wisconsin 53204 or to such other address as either party from time to time shall designate by written notice to the other. 13. Recordation. Grantee shall record this instrument in the office of the Register of Deeds for ____________ County, Wisconsin, and may re-record it at any time as may be required to preserve its rights in this Conservation Easement. 14.

General Provisions.

14.1 Controlling Law. The interpretation and performance of this Conservation Easement shall be governed by the laws of the State of Wisconsin. 14.2 Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Conservation Easement shall be liberally construed in favor of the grant to effect the purpose of this Conservation Easement and the policy and purpose of the Wisconsin Conservation Easement Act. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purpose of this Conservation Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. 14.3 Severability. If any provision of this Conservation Easement, or the application there of to any person or circumstance, is found to be invalid, the remainder of the provisions of this Conservation Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. 14.4 Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to this Conservation Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to this Conservation Easement, all of which are merged herein. 14.5 No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. 14.6 Successors. The covenants, terms, conditions, and restrictions of this Conservation Easement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns, and shall continue as a servitude running in perpetuity with the Property. The terms "Grantor" and "Grantee" wherever used herein, and any pronouns used in place thereof include, the above-named Grantor and its successors and assigns, and Grantee and its successors and assigns. 14.7 Termination of Rights and Obligations. A party's rights and obligations under this Conservation Easement terminate upon transfer of the party's interest in this Conservation

_____ Property _____ acres

Page 10 of 16

Tax Key No. ______ ____________, WI

Easement or Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. 14.8 Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. 14.9 Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. 15. Amendment. If circumstances arise under which an amendment to or modification of this Conservation Easement would be appropriate, Grantor and Grantee may jointly amend this Conservation Easement by a written instrument recorded in the office of the ___________County Register of Deeds, provided that any such amendment shall not diminish the goals, purposes or conservation benefits of this Conservation Easement, affect its perpetual duration or affect the qualification of this Conservation Easement or the status of Grantee under Section 170(h) of the Internal Revenue Code of 1986 or any successor provision. TO HAVE AND HOLD the above-described Conservation Easement together with all and singular the appurtenances and privileges belonging or in any way pertaining thereto, either in law or in equity, either in possession or expectancy for the property use and benefit, and on behalf of Grantee, its successors and assigns, forever. IN WITNESS WHEREOF Grantor has set its hand on the day and year first above written. __________________

By _____________________________

Its _____________________________

STATE OF WISCONSIN COUNTY OF _______________

) ) ss )

Personally came before me this ______ day of ___________________________, 20__, the above-named ______________________________, the _____________________________ of ________________ to me known to be the person described in and who executed the foregoing instrument and acknowledged the same, in that capacity. __________________________

_____ Property _____ acres

Notary Public, Wisconsin

Page 11 of 16

Tax Key No. ______ ____________, WI

My Commission:________________ [NOTARY SEAL]

(signatures continued on following page)

_____ Property _____ acres

Page 12 of 16

Tax Key No. ______ ____________, WI

ACCEPTANCE MILWAUKEE METROPOLITAN SEWERAGE DISTRICT

___________________________________________ KEVIN L. SHAFER, P.E., EXECUTIVE DIRECTOR

__________________________________ (Date)

State of Wisconsin ) ) ss Milwaukee County ) On the above date, this instrument was acknowledged before me by Kevin L. Shafer, the Executive Director of the Milwaukee Metropolitan Sewerage District, known to me to be such official, and who acknowledged that he executed the forgoing instrument on its behalf for the purpose aforesaid and by his authority as such official. _____________________________________________ (Signature, Notary Public, State of Wisconsin)

_______________________________________________ (Print or Type Name, Notary Public, State of Wisconsin)

_______________________________________________ (Date Commission Expires) Approved as to form by MMSD legal department:

_________________________________ This document was drafted by: Joseph T. Ganzer Senior Staff Attorney State Bar No. 1036120 Division of Legal Services Milwaukee Metropolitan Sewerage District 260 West Seeboth Street Milwaukee, Wisconsin 53204

_____ Property _____ acres

Page 13 of 16

Tax Key No. ______ ____________, WI

EXHIBIT A TO THE GRANT OF CONSERVATION EASEMENT ___________________, Grantor to Milwaukee Metropolitan Sewerage District, Grantee LEGAL DESCRIPTION OF THE PROPERTY

_____ Property _____ acres

Page 14 of 16

Tax Key No. ______ ____________, WI

EXHIBIT B TO THE GRANT OF CONSERVATION EASEMENT _____________________, Grantor to Milwaukee Metropolitan Sewerage District, Grantee SURVEY OF THE PROPERTY

_____ Property _____ acres

Page 15 of 16

Tax Key No. ______ ____________, WI

EXHIBIT C TO THE GRANT OF CONSERVATION EASEMENT __________________, Grantor to Milwaukee Metropolitan Sewerage District, Grantee CONSERVATION VALUES

This Conservation Easement was acquired as part of the Greenseams Program of the Grantee. The Greenseams Program protects natural resources, enhances air and water quality, complements structural stormwater management, and preserves open space along stream corridors, hydric soils, environmentally significant wooded areas and other identified lands at risk for development. This acquisition is pursuant to authorization from the Metropolitan Sewerage Commission to purchase properties that meet one or more of the following criteria: • Properties at least five (5) acres in size, containing a medium- to mature-aged mix of native hardwoods that are: o adjacent to Greenseams Program sites, public properties and/or properties with environmental significance, o within a SEWRPC 1 Environmental Corridor, or o within a SEWRPC Natural Area • Properties containing critical floodplain areas that establish greenways by connecting exiting public open spaces or other sites identified by the Grantee’s Greenseams Program • Undeveloped private properties that would preserve natural ponding areas able to continue holding water. • Parcels adjacent to the existing waterways or near the floodplain. • Parcels that have hydric soils which represent wetland features.

1

Southeastern Wisconsin Regional Planning Commission

_____ Property _____ acres

Page 16 of 16

Tax Key No. ______ ____________, WI

Item 10

COMMISSION FILE NO: 17-103-10 INTRODUCED BY:

DATE INTRODUCED:

Executive Director (Signature on File in the Office of the Commission)

REFERRED BY COMMISSION CHAIRPERSON TO: RELATING TO:

October 9, 2017

Policy, Finance, and Personnel Committee

Award of Contract M01031C01, Central Laboratory Heating, Ventilation, and Air Conditioning Chiller Replacement

SUMMARY: The Commission is requested to award and to direct the Executive Director to execute on behalf of the District Contract M01031C01, Central Laboratory Heating, Ventilation, and Air Conditioning Chiller Replacement, to Belonger Corporation, Inc., in the amount of $179,800. Belonger Corporation, Inc., was the lowest responsible, responsive bidder among three bids received. The Central Laboratory building heating, ventilation, and air conditioning (HVAC) system includes a large air-cooled chiller. The chiller provides cooling for the Central Laboratory building. In addition to standard building space cooling, several rooms in the Central Laboratory require tight temperature control for water quality testing and Milorganite® testing. The existing chiller, installed in 2001, requires frequent maintenance to keep it operational. The existing chiller has a failing compressor which is expensive to replace. District staff determined that the existing unit has reached the end of its useful service life. It is more cost effective to replace the existing chiller with a new, high efficiency unit. The high efficiency unit is prequalified for a $20,000 incentive rebate from the Focus on Energy program. The general scope of work for this construction contract includes removal of the existing chiller, furnish and install the new chiller, piping modifications, electrical and control work, startup, and testing. The duration of the contract is 170 calendar days. ATTACHMENTS:

BACKGROUND

FISCAL NOTE

S/W/MBE

KEY ISSUES

RESOLUTION

OTHER

PFP_AW_M01031C01_Lab_Chiller_Replacement_legislative_file.docx 09-20-17

COMMITTEE ACTION:

DATE:

COMMISSION ACTION:

DATE:

RESOLUTION Award of Contract M01031C01, Central Laboratory Heating, Ventilation, and Air Conditioning Chiller Replacement

RESOLVED, by the Milwaukee Metropolitan Sewerage Commission, that Contract M01031C01, Central Laboratory Heating, Ventilation, and Air Conditioning Chiller Replacement, is awarded to Belonger Corporation, Inc., in the amount of $179,800, and that the Executive Director is directed to execute a contract on behalf of the District.

2

Capital Budget Fiscal Note Total Project Cost RELATING TO:

Award of Contract M01031C01, Central Laboratory Heating, Ventilation, and Air Conditioning Chiller Replacement

Capital Project Number(s)

Impact of Requested Action on Total Project Cost:

M01031

Increase

Total Project Cost Analysis

Decrease

New Project

X No Change

Project Costs

Adopted 2017 Total Project Cost

$200,000

Previously Approved Changes

$0

Approved Total Project Cost

$200,000

Requested Total Project Cost

n/a

Requested (Increase)/Decrease

$0

Action to be taken to Long-Range Financing Plan to address Total Project Cost change Transfer from Allowance for Cost and Schedule Changes Transfer from another project (specify in comments) Delay Project(s) (specify in comments) Delete Project(s) (specify in comments) Other Transfer to Allowance for Cost and Schedule Changes

Comments

Budget Review by:

Date:

Christine Durkin

9/11/2017

Award of Contract M01031C01, Central Laboratory Heating, Ventilation, and Air Conditioning Chiller Replacement

Procurement & S/W/MBE Summary Information

Contract #

M01031C01

Cost Center:

EXD

Central Laboratory Heating, Ventilation, and Air Conditioning Chiller Replacement

BID SUMMARY Bid Opening Date:

9/8/2017 Total 3 3

SWMBE 1 1

Local 0 0

Price

Responsive?

Responsible?

% Sub

% SWMBE

$179,800.00

Responsive

Responsible

8.7%

91.3%

Total Mechanical, Inc. Pewaukee, WI 53072

$208,450.00

Responsive

Responsible

-

-

Mechanical Inc. Waukesha, WI 53186

$213,000.00

Responsive

Responsible

13.8%

7.7%

Type of Work

%

Amount

Electrical

6.1%

$11,040.00

Insulation

2.6%

$4,597.00

# of Bids # of Responsive Bids Bidders Belonger Corporation West Bend, WI 53095 (WBE)

SUBCONTRACTOR INFORMATION Type Non-SWMBE Non-SWMBE

Subcontractor Name Nelco Electric, Inc. Germantown, WI 53022 Midwest Thermal Services, Inc. Butler, WI 53007

ECONOMIC DEVELOPMENT ELEMENTS Workforce Requirements Sanitary Sewer Service Area (SSSA) Employment:

45%

Target Area (TA) Employment:

20%

# Apprentices Required:

9/25/2017

0

1

M01031C01

OUTREACH INFORMATION The Procurement team performed the following outreach: advertised in the Daily Reporter, sent an e-mail notification to all registered firms in the electrical, mechanical and HVAC categories, sent targeted e-mails to 131 potential prime bidders, sent targeted e-mails to 17 SWMBE (categories of work) firms, and notified the various local chambers of commerce.  The bid opportunity is also publicly accessible from the MMSD website and Quest CDN.  Quest CDN also performs outreach to its users when a bid is posted. S/W/MBE Planholders: Belonger Corporation

If no or low S/W/MBE participation, explain why: N/A

Additional Comments:

AWARDEE INFORMATION Company: Contact Person: Phone Number: E-mail Address:

Belonger Corporation, Inc. Angela Moser 262-483-9109 [email protected]

EEO DATA Local or National Office?

Minorities African American Asian Hispanic Native American

Total 5 2 0 0 3

Labor Market Availability - Minorities

9/25/2017

Local

Total # of Employees

% 22.7% 9.1% 0.0% 0.0% 13.6%

Females African American Asian Hispanic Native American

20.0%

Total 4 0 0 0 2

Labor Market Availability - Females

2

22 % 18.2% 0.0% 0.0% 0.0% 9.1% 48.0%

M01031C01

Item 11

COMMISSION FILE NO: 17-104-10 INTRODUCED BY:

DATE INTRODUCED:

Executive Director (Signature on File in the Office of the Commission)

REFERRED BY COMMISSION CHAIRPERSON TO: RELATING TO:

October 9, 2017

Policy, Finance, and Personnel Committee

Authorization of a Public Hearing Regarding Proposed Amendments to MMSD Rules, Chapter 11, Discharge Regulations and Enforcement Procedures, to Allow the Discharge of Noncontact Cooling Water

SUMMARY: The Commission is requested to authorize a public hearing regarding proposed amendments to MMSD Rules, Chapter 11, Discharge Regulations and Enforcement Procedures, as required by Wis. Stat. Sec. 200.45(1)(c). The amendments would allow the discharge of noncontact cooling water, reverse osmosis concentrate, and condensate to the sewerage system in the separated sewer area and riparian areas of the combined sewer area. .

ATTACHMENTS:

BACKGROUND

FISCAL NOTE

S/W/MBE

KEY ISSUES OTHER

RESOLUTION

Proposed Amendments

PFP_Chapter_11_Amendments_Public_Hearing_legislative_file.docx 09-20-17

COMMITTEE ACTION:

DATE:

COMMISSION ACTION:

DATE: 1

BACKGROUND Authorization of a Public Hearing Regarding Proposed Amendments to MMSD Rules, Chapter 11, Discharge Regulations and Enforcement Procedures, to Allow the Discharge of Noncontact Cooling Water

History Currently, the District prohibits the discharge of noncontact cooling water into the sanitary sewer area and into the combined sewer system from riparian locations in the combined sewer area. The District prohibited noncontact cooling water to conserve treatment capacity in the sewerage system for domestic and process wastewater. This prohibition is from the 1980’s, when: (A) the District did not have a wet weather peak flow storage system, (B) the region had more manufacturing, (C) water conservation practices were undeveloped, (D) the District did not have a private property infiltration and inflow reduction program or a green infrastructure program to reduce peak wet weather flows, and (E) phosphorus and other trace pollutants in the noncontact cooling water discharges were not a concern. Also, general permits were available for discharging directly to surface water. Current Conditions Today, the District has a large wet weather peak flow storage system, sewer system monitoring and controls are more extensive and efficient, the District has less manufacturing, water use is more efficient, and the water supply often has a significant amount of added phosphorus. A variety of regulatory initiatives create challenges for discharges to surface water, including concerns regarding phosphorus, arsenic, mercury, temperature, and whole effluent toxicity. Proposed Action In response to these new conditions, rule amendments are proposed to allow the discharge of noncontact cooling water when the risk is low that the new discharge would cause problems within the sewerage system. Goals are to help businesses comply with increasingly complex requirements, support achievement of the total maximum daily loads for phosphorus being established for local rivers, and use the District’s water reclamation facilities to remove pollutants. Attachment 1 shows the proposed amendments. The District will need to coordinate approval of new discharges with local governments to: (A) minimize the risk that the new discharges will cause or exacerbate overflows or basement backups, (B) avoid using capacity allocated for growth, (C) identify any local capacity issues, and (D) implement wet weather protocols to interrupt the discharge, if needed. The District is proposing a process that would include the following elements.

2

BACKGROUND (Cont’d) Authorization of a Public Hearing Regarding Proposed Amendments to MMSD Rules, Chapter 11, Discharge Regulations and Enforcement Procedures, to Allow the Discharge of Noncontact Cooling Water

1. A facility identifies the average and maximum flow rates and the discharge schedule for the noncontact cooling water it wants to discharge. 2. The facility contacts the local sewer department to determine whether sewer capacity is available. 3. The facility notifies the District of its intent to discharge noncontact cooling water and provides the finding of sufficient capacity from the local government. 4. The District approves the discharge. Based upon findings by the local government, the District may require that the discharge be interrupted during wet weather. Other Types of Discharges In addition to noncontact cooling water, the District currently prohibits reverse osmosis concentrate from water supply purification systems and condensate from steam and compressed air systems. The prohibition applies to the separated sewer area and riparian areas of the combined sewer area. For the reasons described above, the District intends to repeal the prohibition on these discharges. These discharges are less common than noncontact cooling water, and volumes are often small; therefore, a special review process is unnecessary. Notice to the District is necessary and discharges may commence only after receiving approval from the District. User Charges New discharges will be subject to standard sewer user charges from the District and local governments. After the District approves a new discharge, the District will change the water balance used to calculate sewer user charges for existing users. For new users of the District system, the District will require flow data from which sewer user charges will be calculated. Public Engagement District staff discussed this proposal with the District’s Technical Advisory Team in May 2017. The District provided this proposal by email to commercial and industrial users and municipalities in August 2017.

3

BACKGROUND (Cont’d) Authorization of a Public Hearing Regarding Proposed Amendments to MMSD Rules, Chapter 11, Discharge Regulations and Enforcement Procedures, to Allow the Discharge of Noncontact Cooling Water

The next step is a public comment period, including a public hearing. The hearing must occur at least 30 days after publication of the hearing notice. If the Commission approves the hearing, then publication of the hearing notice will occur in early November, and the hearing will occur in early January. The earliest possible date for adoption is the February 2018 Commission meeting. When adoption is requested, the Commission will receive a comment summary and a description of any changes to the proposed amendments. If the Commission adopts the amendments, then the amendments become effective upon publication.

4

RESOLUTION Authorization of a Public Hearing Regarding Proposed Amendments to MMSD Rules, Chapter 11, Discharge Regulations and Enforcement Procedures, to Allow the Discharge of Noncontact Cooling Water

RESOLVED, by the Milwaukee Metropolitan Sewerage Commission, that the Executive Director is authorized to hold a public hearing as required by Wis. Stat. Sec. 200.45(1)(c), regarding the proposed amendments to MMSD Rules, Chapter 11, as shown in the attachment.

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Attachment 1 Proposed Amendments to MMSD Rules, Chapter 11 1. Section 11.202(10) is amended to read: 11.202 Prohibited Discharges Users may not discharge to the sewerage system: *** (10) at any site that is either served by a separate storm water conveyance system or riparian to waters of the state: (a) storm water, surface water, or groundwater, except when a remedial action undertaken according to the requirements of the Department or the U.S. Environmental Protection Agency requires the removal of this type of water and a direct discharge to waters of the state would impose unreasonable costs or delays; (b) roof runoff; or (c) subsurface drainage.; (d) single-pass cooling water, cooling tower blowdown, or reverse osmosis concentrate, if the District finds that a discharge has caused or contributed to an overflow or basement flooding. except as provided in subpar 1 and 2: 1. If a storm sewer is not available, then a user may discharge cooling tower blowdown and reverse osmosis concentrate from December 1 to March 31 and any other period when necessary to protect the public health, welfare, or safety. 2. Users may discharge single-pass cooling water from small-scale bench-top condensers, except as provided in par. (e)(2). (e) from sources constructed after May 1, 2005: 1. condensate from compressed air or process steam systems, and 2. single-pass cooling water from small-scale bench-top condensers; or (f) any other wastewater for which the Department has issued a general WPDES permit;

1

2. Section 11.204 is created to read: 11.204 Noncontact Cooling Water (1) If a user is served by a combined sewer and not riparian to waters of the state, then the user may discharge noncontact cooling water to the sewerage system, subject to the prohibitions of sec. 11.202 and the limits of sec. 11.203. (2) If a user is served by separated sewers or is riparian to waters of the state, then the user may discharge noncontact cooling water to the sewerage system, subject to the prohibitions of sec. 11.202 and the limits of sec. 11.203, and according to the following conditions. (a) The user has provided estimates of its average and maximum discharge rates to the governmental unit in which it is located; (b) The governmental unit has: 1. evaluated sewer capacity, 2. concluded that capacity is likely to be available under all foreseeable conditions or needs to be interrupted during peak flow conditions to reduce the risk of overflows or basement flooding, and 3. provided this finding in writing to the user; (c) The user notifies the District of its intent to discharge noncontact cooling water, provides the finding of sufficient capacity from the governmental unit, and provides updated total facility discharge information to the District, according to MMSD Rules, sec. 17.401; and (d) The District notifies the user that the discharge is approved. If a governmental unit has recommended interruption during peak flows, then the approval will identify the conditions when discharge is not allowed.

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Item 12

COMMISSION FILE NO: 17-105-10 INTRODUCED BY:

DATE INTRODUCED:

Executive Director (Signature on File in the Office of the Commission)

REFERRED BY COMMISSION CHAIRPERSON TO: RELATING TO:

October 9, 2017

Policy, Finance, and Personnel Committee

Approval of Job Content Value and Job Title

SUMMARY: Policy, Finance, and Personnel Committee approval is required for changes in job content values and job titles as a result of changes in position responsibilities, organizational changes affecting job duties, or to establish a job content value for newly created positions. Based on the District’s process of evaluating positions, the Job Content Committee convened to evaluate all District positions as a part of a comprehensive compensation study. Using established methodology and lead by the Carlson-Dettmann consultant, the following changes are recommended to job content values (points and pay grade) and/or job titles: Current Title Senior Systems Analyst

ATTACHMENTS:

Recommended Title Systems Analyst

BACKGROUND

FISCAL NOTE

S/W/MBE

Current points/grade 654/12

KEY ISSUES

Recommended points/grade 531/10

RESOLUTION

OTHER

PFP_JCValuesTitles_legislative_file.docx 09-20-17

COMMITTEE ACTION:

DATE:

COMMISSION ACTION:

DATE:

KEY ISSUES Approval of Job Content Value and Job Title

The job content value and job title recommended are based upon an objective review of positions by the District’s Job Content Evaluation Committee utilizing the CarlsonDettmann rating system. The Committee evaluates positions using a point factor system that assigns points in the categories of Formal Preparation and Experience, Decision Making, Thinking Challenges and Problem Solving, Interactions and Communications, and Work Environment. Senior Systems Analyst The position of Senior Systems Analyst provides higher level system and application analysis, design, development, implementation, and maintenance of custom in-house solutions and purchased software products and services. The position also is responsible for creating innovative solutions based on a technical perspective and business point of view to improve user productivity. Incumbents also serve as project managers for information technology-related projects. Over the past several months, the District has faced recruiting challenges in attracting suitable candidates for the Senior Systems Analyst position. In lieu of the Senior Systems Analyst position, the request is being made to create a Systems Analyst position. The junior level position will focus on projects requiring less skill and expertise and will serve as a career ladder to the higher-level position. A review of the Systems Analyst job description questionnaire has determined the position is rated at 531 points, pay grade 10.

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RESOLUTION Approval of Job Content Value and Job Title

RESOLVED, by the Policy, Finance, and Personnel Committee, that the following job content value, pay grade, and job title are approved: Title Systems Analyst

Points/Pay Grade 531/10

3

O&M Budget Fiscal Note RELATING TO: Approval of Job Content Value and Job Title

Cost Center:

Line Item:

ITS

511 - Management Employees

Line Item Impact 2017 Original Budget

$1,750,421

Carryovers or Transfers

$0

Adjusted Budget

$1,750,421

Estimated Annual Expenditure including Request

$1,726,347

Anticipated Year End Balance

$24,074

Actual Year to Date Expenditures Through 9/14

$1,029,328

For unfavorable Year End Balance, identify funding source:

Absorbed within the Division Other Division Unallocated Reserve

Anticipated Expenditure Timing Current Year (2017) Subsequent Total Cost

Requested Expenditures

Anticipated Savings/Revenues

Net Fiscal Impact

$12,350

$0

$0

$0

$12,350 $0

$12,350

$0

$12,350

Comments: The requested expenditures above include a two month impact of filling the vacant Systems Analyst position. The actual impact is subject to recruitment and hiring timing as well as actual hiring salary.

Budget Review by:

Christine Durkin

Date 9/14/2017

POLICY, FINANCE & PERSONNEL COMMITTEE MEETING October 9, 2017 EXECUTIVE DIRECTOR’S REPORT 17-002-01

A.

Monthly Reports

B.

2018 Budget Update (Mark Kaminski & Mickie Pearsall)

October 2017 Sun

Mon

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Sat

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2 Commissioner Budget Amendment Requests Due to Budget Office

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9 COLUMBUS DAY

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Budget Public Hearing-8:30 a.m. Operations Committee-9:00 a.m. PF&P Committee-9:05 a.m.

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23 Commission-9:00 a.m.

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31 HALLOWEEN

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