Metropolitan Water Reclamation District (MWRD) Board Meeting
​November 19, 2020 
Commissioners absent:  Morita

The Board approved all but one of the day’s agenda items.

Stormwater Management
Agenda Item number 53 (20-1022) was deleted by Commissioner Deborah Shore following a pointed discussion with staff about making policy without Board involvement or approval.  The discussion illuminated MWRD’s difficulty accepting stormwater responsibilities in communities outside the MWRD’s corporate boundaries, where it does not have a mechanism to collect revenue.

• Item 53 would have authorized MWRD staff to negotiate agreements with 16 local governments to assist with green infrastructure projects to improve drainage and prevent flooding.  Among the larger beneficiaries are the City of Evanston for its Main Street Improvements Project, the Village of Kenilworth for phase 2 of its Green Streets program, and the City of Berwyn for its Green Alley’s program.  The Evanston project would benefit 38 homes and buildings; the Kenilworth project 58 and the Berwyn program 114.   Documents provided did not offer a total dollar contribution by the MWRD, but costs of the 16 projects exceed $16 million.
• Commissioner Shore pulled the item to ask if all the communities in the MWRD’s Stormwater Management area (all of Cook County) had received letters seeking project proposals.  Dr. Catherine O’Connor, Director of Engineering, replied that letters were sent to all rate-paying communities, schools, etc.   On further questioning, Dr.  O’Connor said the 5 additional communities within the stormwater management area did not receive letters “because they don’t pay in.”
• Commissioner Shore asked by what authority staff could decide to deny stormwater funding to those communities, noting the MWRD’s stormwater service area is defined by legislative authority.  
• Commissioner Marcelino Garcia noted the MWRD gets funding for stormwater projects from State and Federal Government, and there are no grounds to distinguish between the District’s corporate boundaries and its stormwater boundaries for green infrastructure projects.
• “This should be a small issue, but it isn’t,” Garcia said. “Wastewater treatment, fine (keep within corporate boundaries), but stormwater is completely different.”
• Executive Director Perkovich suggested the best approach to resolve the situation might be to go to Springfield and ask that the MWRD’s stormwater and wastewater boundaries be identical.  
• President Kari Steele requested a sense of the board but didn’t specify if that meant going to Springfield or following the District’s already defined legislative authority.
• Commissioner Cameron Davis noted this was a will of the Board question, and invited Commissioners Shore and Garcia to consider making a motion to reflect the will of the Board. He suggested that they articulate a motion that could allow the Board to move forward on this issue.  Instead the motion to delete was unanimously approved.

Note:  There are 102 Cook County communities within the MWRD’s corporate boundaries and 27 partially within District boundaries. East Dundee, Frankfort, Park Forest, South Chicago Heights, and Barrington are the only five within the district’s stormwater authority that do not have a rate-paying wastewater treatment relationship with the MWRD.

Other Agenda Items:
Item 10 20-0974. Commissioner Garcia asked that Item 10 be pulled for discussion. 

• The item authorizes the District to advertise for bids on a $2.6 million hauling contract to transport the District’s biosolids.
• Included in the bid request is a form called an “Assist Agencies List,” which gives names and contact information for minority contractors who could be invited to assist the bidder in completing the work.  These smaller partners can help bidders meet minority and women-owned business goals set by the MWRD.
• Commissioner Garcia noted the “Assist Agencies” list was from 2019, and does not reflect the hard work he and others have done to include a wide range of minority contractors in MWRD contracts.  
• When he asked when to expect an updated list, staff replied they “were working on an update;” that contact information on the list is constantly changing, and “they want to make sure they get one good list, are trying to do the list only once a year, and don’t want to be doing changes one at a time.”
• Commissioner Garcia replied that the list is on the website, and it is easy enough to update there.  He reminded staff that he has contact information for many organizations if it is needed.
• The item was returned to the agenda and eventually approved.  

Item 41 20-1018   Commissioner Shore pulled this item because it funds in part additional personal protective gear for workers.

• Commissioner Shore questioned staff about the relatively high numbers of MWRD workers becoming infected, and asked, with rising COVID-19 numbers in Illinois, if the MWRD was making plans to lock down further.   She and nearly every other commissioner expressed concern for the health and safety of the agency’s workers.  
• Commissioner Shore, referring to decisions that may need to be made, said “I think the District needs to be a leader in this,” and noted that she worried the District wasn’t taking the virus seriously enough.
• Executive Director Perkovich agreed it was a fluid situation and said he was always balancing twin goals: Protecting the workforce and protecting our communities with ongoing wastewater treatment.  
• President Steele said they were all concerned, and speaking for the Agency, said all the organization’s leaders need to be standing by, and be prepared to have the conversation about how to move forward if the situation intensifies.  
• This item was returned to the agenda, and eventually approved. 

New Business

• Commissioner M. Frank Avila received personal greetings and praise from fellow members as he retired from the MWRD Board.  Commissioner Avila was hired as a professional engineer by the MWRD in July 1962.  After running his own engineering business for many years, he was elected Commissioner in 2002, and put in 18 years of service as a Board member, re-elected in 2008 and 2014.  
• The MWRD announced it will name the Stickney treatment plant’s administration building after Commissioner Avila.

Observer’s Name:  Laurie Morse                                         Length of Meeting: 2 hours

Metropolitan Water Reclamation District (MWRD) Board Meeting
​November 5, 2020
All Commissioners in attendance 

Approved General Agenda Items

• Agenda Item (1) 20-0968 The MWRD’s annual meeting of December 1, 2020 was rescheduled for December 8, 2020. 
• Agenda Item (57) 20-0958 Commissioners approved the 2019 annual report naming 71 significant industrial users in violation of pretreatment standards or other MWRD pollution-abatement requirements. The 5-page list, which includes names of some of the District’s largest industrial customers, reflects a big increase from previous years (in 2017 and 2018, for example, there were 17 industrial violators).

1.       The big jump in violators inspired spirited questioning by Commissioners Shore, Avila, and     Spyropoulos. Staff described the year-long process the MWRD engages in to bring industrial users into compliance once problems have been identified.  Every effort is made to return the customer to good standing and keep the company’s name off the public list.  
2.          One reason for the increase in 2019 numbers was the U.S. EPA’s 2018 audit of the MWRD’s Industrial Waste Division. EPA encouraged the District to pursue companies polluting at lower levels, but which are, over long periods, continuously out of compliance.
   
3.             In 2019 the MWRD’s Industrial Waste Division was re-organized, so each company now has a specific staff person to communicate with. Users in non-compliance are invited to meetings; compliance milestones are established, and if those milestones are not met within the following year (2020), continuous violators receive a letter in August notifying them that their names will be published by year-end. 
4.                Commissioner Spyropoulos asked the department’s staff about new trends for 2020. Staff said some businesses have shut down, and the District is definitely seeing lower flows, which will reduce industrial user fees. The Stickney plant’s flows are down by one-third this year. 

• ​Agenda Item (20) 20-0894 This item gives the District authority to advertise a $2.7 million contract for heavy equipment with operators. 
• Agenda Item (11) 20-0957 Commissioners approved investment inventories and returns for the third quarter and for August and September.  At the end of September, the District’s 2020 interest income was $6 million less than in the same period in 2019. 
• Agenda Item (69)  20-0942 This item was deferred by Commissioner Garcia at the October 15 meeting, but was approved today.  This ordinance allows the MWRD to enter an agreement with the Village of Niles for an amount not to exceed $2 million, most of which will be paid by the Illinois EPA and is for the design, construction, operation, and maintenance of the Greenwood Stormwater Park.  Commissioner Garcia had deferred this item based on questions about participation goals. He thanked staff for providing the data he requested.

Deferred Items

• Agenda Item (2)  020-014  At the request of Commissioner Shore, this item, which amends the MWRD’s user charge ordinance, was deferred.  The changes include rate increases, allows more commercial customers to submit real estate tax bills for rate abatement, includes a new definition for “facility” and revises the District’s definition of a tax exempt user. All of these changes may result in more revenue for the district. 
• Agenda Item (23) 20-0913  Commissioners Garcia and Spyropolous deferred this item, which is a 3-year contract for legal services related to Worker’s Compensation in an amount of $500,000.  Commissioner Spryropolous questioned whether this amount would be adequate, and asked for data on how many claims could be expected over 3 years.  Commissioner Garcia also asked for more information.
• Agenda Items (38 & 39)  20-0888 and 20-0892 Commissioner Garcia deferred these items –approval of a street sweeping contract, and a contract to rebuild a piece of heavy equipment, until he receives data on participation goals.

New Business

• Vice President Barbara McGowan was congratulated for her induction into the Civil Rights Hall of Fame.
• The Alliance for the Great Lakes was congratulated on its 50th Anniversary.  The organization was founded by Environmentalist Leila (Lee) Botts as the Lake Michigan Federation, changing its name in 2005. Commissioner Davis was the organization’s Executive Director from 1998-2009.

Future Items

• New Commissioner Eira Corral Sepulveda, Village Clerk of Hanover Park, will be seated in December, after being elected as a Board member this month. Commissioners Cameron Davis and Kimberly Neely Dubuclet were both re-elected to full terms.   

Observer:  Laurie Morse                                                                                       Length of Meeting:  2.5 hours

Special Meeting of the MWRD’s Committee on the Budget & Employment
November 5, 2020

On October 13, the Executive Director presented his 2021 budget recommendation.  At today’s meeting, the Committee voted to accept some slight increases to that recommendation, which still result in a small overall decrease from 2020 of 2.1% currently.  The proposed 2021 tax levy may increase by 1.1%.  However, all numbers could still change before final approval of the budget, scheduled for December 17.
Next steps:

• Commissioners to provide further ideas for the budget to President Steele, which are incorporated into a second set of changes.  Upon approval, these are included in what is referred to as the “Tentative Budget” which will be posted on the web site.
• Dec. 3 at 2 pm:  public hearing for the public to weigh in on the Tentative Budget
• December 10 (time not yet set):  Special meeting to consider the Tentative Budget with any further changes
• December 17 at 10:30:  regular Board meeting, with one last opportunity to further amend the budget

Proposed budget as it currently stands (incorporating changes approved on Nov. 5);

• Total appropriation request:    $1.127 B, decrease of $24 M from 2020, or 2.1% reduction
• 2021 estimated tax levy (a portion of the total appropriation):  $658 M, increase of $7 M from 2020, or 1.1% increase of levy.  However, the estimated cost per $100 of Equalized Assessed Valuation (EAV) is 23.61 cents for 2021 vs. 23.90 cents in 2020
• Total positions:  1,938, a decrease of 15 positions from 2020
• If the past is any indication of the future, these numbers will likely go up with further revisions

At this meeting, all major department areas of the MWRD presented highlights of their accomplishments in 2020, along with key initiatives for 2021, all of which are reflected in the Executive Recommendation, as amended at this meeting.  These areas include:
Stormwater Management Fund  --

• There continues to be an issue with levies greater than what is being spent.  MWRD’s responsibility for storm-water management began in 2004, with bonding authority received in 2014.  It takes a long time to identify and implement projects.  2021 levy will remain flat.  COVID responsible for delaying or cancelling some projects in 2020.  
• Comm. Shore recommended a placeholder be added to the budget for someone to help get the Stormwater Trading Project going and oversee the rollout.
• Comm. Du Buclet asked whether there has ever been a study on racial impact.  Not based on race, but there is a map reflecting disproportionate impacted communities (focus on income, not race).  MWRD using this to develop where shove-ready projects should be identified.  
• Comm. Avila reminded that MWRD only has jurisdiction in Suburban Cook County as Chicago has its own stormwater management operation.

Monitoring & Research – included in 2020 highlights was providing samples of wastewater for surveillance for Covid-19

Procurement & Materials Management – moved up and fully implemented electronic bidding and signature process as a result of needs due to COVID-19

General Administration – Planned space\use study halted due to COVID; no provision to do this in 2021 budget.  In Diversity section, President Steele said she wanted to add a position.  Plan is to conduct an affirmative action disparity study for purposes of evaluating MWRD’s Affirmative Action Policy.  With regard to Public Affairs, Comm. Du Buclet asked how the MWRD can be more visible to the public.  Comm. Garcia wants translator to appear at more events.

Board of Commissioners (includes Treasurer and Legislative Section) – Comm. Shore would like to put excess funding released from TIF districts toward Retirement Fund, as was done last year.  Told would be done.  Currently expecting $19 M.

​Retirement Fund – at 56% funding and holding steady

Additional Comments at end from Comm. Davis:

• As part of the Climate Action Plan, wants to establish benchmarks for adding electronic vehicles to MWRD’s fleet.  Suggested 50% by 2025 and 100% by 2030.
• Expressed concern about the Thornton composite reservoir as the clock is ticking on the transitional reservoir.  This impacts flooding in the South Suburbs.  Comm. Davis suggests that green infrastructure projects should be prioritized here to provide capacity to prevent/reduce flooding.  Comm. Davis impressed with the acquisition work in flood plains and flood-prone properties in this area.  He also applauded the work on identifying disproportionately-affected areas as important for prioritizing projects.

Observer:  Priscilla Mims                                                       Length of meeting:  4 hours

Metropolitan Water Reclamation District (MWRD) Board Meeting 
​October 15, 2020

By deleting one high profile item and deferring two others, Commissioners are increasingly expressing their desire to receive information 2-4 weeks before board meetings on large contracts, ordinance and policy changes, and even some legal settlements.  Comm. Davis suggested that committees be used to vet these requests before bringing them to the board. [See “Deleted/Deferred section].

Approved General Agenda Items

• 20-0876: The staff rejected bids from Odor Control Systems at two Tarp Shafts and the decommissioning of the Thornton Transitional Reservoir because of low bids.  This is second time bids were rejected as too low.  Staff is worried about the safety risks involved if there is a lot of rain.  The staff estimated the costs should be $14.5 to $17.6 million dollars.  Commissioner Spyropoulos said she would have more questions before the contract goes out for bid for the third time.
• 20-0870: The Board approved the District executing an Intergovernmental Agreement to receive $212,000  in Federal Covid-19 funds from the Cook County Bureau of Finance.  Commissioners thanked County Government for sharing these relief funds.
• 20-0845: The Board authorized staff request to advertise for Legal Advisory Services related to the District Financing Program for a period of 5 years at a cost of $235,100.  In approving this request, staff noted that a goal of 30% minority and female participation was set and it will hire five legal firms for each bond sale which increases opportunity for minority and female participation.  Per Commissioners requests, Staff will include participation goals in the RFP for this and other bond sales.

Deleted/Deferred Items

• Deleted:   20-0773 After two previous deferrals, Comm. Garcia asked for the $300,000 contract with Next Generation Technology, Inc. to enhance the District’s new website be rejected.  His concern is with the platform Word Press which is not the platform the District is currently using and is not highly regarded by several of the Commissioners.  In previous deferrals, Comm. Shore said that she was underwhelmed with New Generation’s presentation.  Comm. Garcia wants the new RFP to be tightened to state specifically what the District needs.  Staff indicated New Generation’s does have experience with the District’s platform; and in public comments at the end of the meeting, the Director of Business Development for New Generation confirmed that it did and also stated that Word Press is actually newer than the platform currently in use by the District.  
• Deferred:  #41 20-0880 The Legal Department brought to the board a settlement proposal with Peoples Power and Light and Coke Company which included a 50-year easement for continued operation and maintenance of a natural gas pipeline and remediation of District property in Chicago under an IEPA consent decree.  The concern is the 50 year easement, and would Peoples stretch out the remediation.  Ans:  There is no drop dead settlement date for remediation but the company has agreed to clean up the site to Residential vs Commercial level.  The District set the rent for 28 acres which is 22.5 more acres than Peoples actually needs at a cost of $500,000 per year.  The Legal Staff urged the board to approve this settlement as it has a court date the next week and wanted to bring the settlement to the judge.  During the 2nd comment period, the lawyer for Peoples called in and tried to assure the board by saying that if good weather prevails, the remediation will be done by mid-2021.  However Comm. Spyropoulos did not withdraw the deferral.
• Deferred: #42-20854 [Stormwater Management].  The District requested approval to enter into an Intergovernmental Agreement with the Village of Niles.  The agreement is in the amount not to exceed $2M most of which will be paid by the Illinois EPA and is for the design, construction, operation, and maintenance of the Greenwood Stormwater Park.  Comm. Garcia asked for the deferral based on questions about participation goals.

New Business

• Comm. Morita requested a comprehensive update regarding the District’s role and goal in collaborations with cities or the state for studies on COVID-19 and wastewater.  Comm. Shore requested a memo or briefing to the Board on updates in regards to COVID-19 and fiscal impacts, savings, unexpected costs and employees returning to work.
• Comm. Davis thanked President Steele for considering the League of Women Voters of Cook County’s recommendations on modifying its practice on meeting roll-call votes.  Effective with this board meeting, individual roll-call votes were only taken on agenda items that were removed for discussion.  All non-discussed items were bundled together for a single roll call vote.

Future Items

• Comm. Shore gave a brief update on the District’s Strategic Planning Team’s efforts to date including internal and external surveys, wide and comprehensive outreach, and a Stakeholder’s Workshop on October 22.  Comm. Garcia is co-chairing the planning team with Comm. Shore.
• The 2021 Board Meeting Schedule has been set and posted on the website.

Observer:  Diane Edmundson                                                         Length of Meeting:  2.5 hours

Metropolitan Water Reclamation District (MWRD) Board Meeting
October 1, 2020

In general, the commissioners are digging deeper into the way contracts are defined and bidders’ responses screened.  Comm. Davis asked the rhetorical question "can we sharpen the process to screen in/out bidders with response components that are incomplete or inaccurate”.

Approved General Agenda Items

• 20-0799  The staff received commissioner commendations for its efforts to diversify Bond underwriters and for the Districts AAA bond rating.
• 20-007  Request to amend the Resources Recovery Ordinance to reduce the tipping fee and increase breweries' willingness to sell and haul their waste to the Calumet Plant was approved without comment after being deferred at the September 17, 2020 board meeting.  One of the reasons for deferral was the commissioners repeated request that ordinance and policy changes be presented to the board 30 days prior to placing on the formal agenda for a vote.
• 20-0738  Authority to advertise for a Management Services Contract to perform real time energy reverse actions and advisory services passed after considerable comment.  Comm. Shore noted that it has been 10 years since the District adopted the reverse auction process for procurement of electricity. Comm. Shore indicated that she wants a determination made as to how this fits into the District's Climate Action Plan and that it is time for a systematic review of green energy options. It was also noted that the County and the City use a sealed bid process.
• 20-0821  Authority to advertise for Biogas Combined Heat and Power System contract at a cost of $2 million was approved after discussion.  Comm. Spyropoulos asked the Executive Director (ED) to state his level of confidence in this project and then asked for a six month progress report.  ED Perkovich stated that he feels "good" about the approach and that it is an example of/for the future.
• 20-0776 A contract to furnish and deliver salt and calcium chloride for year at various plant sites for sidewalks and driveways was approved.  Comm. Spyropoulos asked for a memo on the environmental impact.  
• 20-0787 Approved a contract for television inspection and recording of sewers and manholes at various locations to National Power Rodding Corporation for just under $2.6 million.
• 20-0790 Approved a contract to install mechanical mixers at the Stickney Water plant in an amount not to exceed $8.7 million plus a 5% allowance for change orders.

Deleted/Deferred Items

• Agenda Item # 14-20-0789 Authority to advertise a contract for Farm Management Support Services at a cost of $375,000 was deleted by the ED without comment.
• Agenda Item #21 -20-0773 Authority to cut a purchase order with Next Generation Technology for enhancements to the District's new website in the amount of $300,000 was again deferred by Comm. Garcia.  This is the contract Comm. Shore said in September that she was underwhelmed by the contractor's presentation.  Garcia asked for a second deferral because his questions to the staff were "not answered appropriately"

Future Items

• Watch for a new date and time as the afternoon Study Session on non-profit organization's concerns with the implementation of the updated Ethics Ordinance was postponed due to repeated virtual technical difficulties that could not be corrected.  
• The 2021 budget session is scheduled to start on Thursday, October 15, 2020 at 2:00 pm.  Topics: Budget and Employment and/or Capital Improvement Items

Observer:  Diane Edmundson                                                       Length of Meeting:  2.5 hours

Metropolitan Water Reclamation District (MWRD) Board Meeting
September 17, 2020 
​
Approved General Agenda Items

• 20-0708 A purchase order with Colette Holt & Associations to conduct the District’s Affirmative Action Ordinance Disparity Study that had previously been deferred was approved for an amount not to exceed $341,765.  Comm. Garcia said that he was pleased the study will have an expanded scope.
• 20-0742 Request to decrease the 20-year contract amount with Metropolitan Biosolids Management to design, build, own, finance, operate and maintain a 150 dry tons per day biosolids processing facility at the Stickney plant and to beneficially use the final product for a period of twenty years.  The District isn’t producing the volume expected.  The contract calls for $10 million per year for 20 years starting from 2010 to Metropolitan  Biosolids to produce the final product.

Approved Stormwater Management Items

• 20-0762 The board approved an Intergovernmental Agreement with the Village of Lyons in the amount not to exceed $500,000 for a Green Alleys permeable paver project.  Comm. Garcia asked if the Districts biosolids were used in this type of project.  Answer:  No for alleys and Yes for landscape.  It was noted that Chicago has refused to use biosolids but with a new city person, the District is trying to educate him/her on its value. 
• 20-0763 The District is entering into agreements with municipalities for the use of the District’s GPS units to complete sewer system mapping to help find blockages.
• 20-0749 The District is entering into an agreement for a Stormwater Master Plan for Avalon Park, Englewood, Greater Grand Crossing, and South Shore communities.

Deleted Agenda Items

• 20-0622 The Executive Director requested that this item be deleted without discussion.  It had already been deferred at the September 3rd and August 6th board meetings.  The item asked for authorization to advertise a professional services contract to market EQ Biosolids from the District’s Harlem and Calumet plants.  The September 3rd observer reported that it has been difficult to find sub-contractors that are qualified to sell the biosolids.  
• 20-0659 Authority to rescind a contract for native landscape areas maintenance was deleted at the September 3rd meeting and was not on the September 17 agenda

Deferred Agenda Items

• 020-007 Request to Amend the Resources Recover Ordinance to reduce the tipping fee and increase Breweries’ willingness to sell and haul their waste to the Calumet Plant. Previously the waste was taken to Stickney, but Calumet is in need of the Carbon and Stickney isn’t.  Comm. Morita deferred.  Comm. Davis said he is in favor but would vote “no” because he had previously asked for a 30 day notice for ordinance changes.
• 20-0731 Comm. McGowan asked for deferral to advertise for bids for contracts, legal notices for original entrance and promotional civil service examinations, and other legal notices for a one-year period.  No reason was given.
• 20-0738 Request to advertise for a Management Services Contract to perform real time energy reverse auctions and advisory services.  Comm. Shore deferred as she wants to know how this fits in with the Districts “climate action plan”.
• 20-0744 Request to enter into agreement with AECOM Technical Services for civil consulting support services in an amount not to exceed $1.5 million.  Deferred by Comm. McGowan without discussion.
• 20-0773 Purchase order with Next Generation Technology, Inc. for enhancements to the District’s new website in the amount of $300,000 was deferred by Comm. Garcia.  Comm. Shore said that she found their initial presentation to be “underwhelming”.  This contract with a different vendor was previously deleted by the Executive Director.

Future Items:

• There will be a Study Session scheduled for October 1 at 1:00 to discuss concerns expressed by non-profits regarding how implementation of the District’s new Ethics Ordinance is impacting the non-profit community.  Three speakers using audio technology addressed the virtual board meeting.  Friends of the Chicago River represented two of the three speakers and asked for a moratorium on implementation of the Ordinance until concerns are heard and hopefully resolved.  The Inspector General will attend the study session.  
• Comm. McGowan asked for a report covering Intergovernmental Agreements over the last three years. Report would contain the following information:  1) Total amount paid by MWRD and total amount of the Project; 2) Names of the partners in the agreements; and 3) List participation goals both for the MWRD and the IG partners.  No time frame was given.

Diane Edmundson, Observer                          Meeting Length - 2 hours