MWRD Board Observer Reports

Phosphorous Technology Research Project Discussed at MWRD Board Meeting

11/26/2019

Metropolitan Water Reclamation District (MWRD) Board
November 21, 2019
All commissioners were present, and there were no executive or study sessions.

Board Discussion/Action:

Authorization to amend the Master Agreement with the Board of Regents of the Iowa State University to extend the agreement termination date from December 31, 2019 to December 31, 2020. (Agenda Item # 10 - 19-1122) Approved

Commissioners Davis, McGowan, Garcia and Shore pulled this item for discussion.
Commissioner Davis asked how this research, if continued to be authorized, will be used at the O’Brien Plant.
Tom Kunetz, Asst. Director Monitoring and Research, explained that this new phosphorous technology will recover nutrients and place them back in the cycle. It will also replace the use of petroleum products and is more sustainable. Fertilizer pellets may be created in the future from the collection. This contract has been active since 2014. Phases one (three foot high) and two (six foot high) systems were completed. Phase three required a ten foot tall system that would reduce the footprint at the O’Brien Plant that has limited space. This system failed and was redesigned causing a nine month delay. The more robust system is now up and running.
Commissioners du Buclet and Garcia asked if using in-state universities with similar advances had been explored. Executive Director Perkovich stated that University of Illinois, Northwestern, and University of Chicago have been used for other research.
Mr. Kunitz explained that this is technology invented by a professor at Iowa State who holds the patent for his technology. A University of Illinois Professor did develop a system using suspended matter but this was not found to be practical.
Commissioner McGowan asked about the cost during the 9 months while the phase three system was broken down. Mr. Kunetz explained that the cost was for the personnel required for the system redesign.
Commissioner Shore asked if this new ten foot system required more energy. Mr. Kunitz responded that yes, it required a little more but used single digit horsepower.
Commissioner Shore asked: Will the district benefit from or be able to be part of any patent that results from this technology or if it moves to market. Mr. Kunetz responded that during the process our staff in conjunction with Iowa State had discovered a different application for this process. A joint patent application is pending. If it goes to market, there will be benefits.

Commissioner Davis questioned the $86,000 membership dues to National Association of Clean Water Agencies (NACWA) and how we benefit from our association with them. (Agenda Item # 12 -19-1135) Approved

Executive Director Perkovich said that staff is involved in national committees with NACWA on bio-solids issues. They also help to keep abreast of issues, lobby congress to protect our interests, and are in contact with the EPA.
Commissioner Davis requested a list of coalitions, councils and associations the MWRD belongs and to whom it pays dues.
Commissioner Garcia questioned the make up the NACWA Board of Directors; i.e., does it include minority members. Executive Director Perkovich explained there are 33 board members representing agencies across the country. Members are chosen from the Executive Directors of Waste Management Agencies.

All Consent Agenda Items 1- 46 were approved with the exception of Item 43, which was removed by the Executive Director.

Observed by: Pat Lind Meeting Length: 60 minutes

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MWRD Board Meets with Departments Regarding Proposed 2020 Budget

11/23/2019

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Metropolitan Water Reclamation District (MWRD) Commissioners
Special Meeting of MWRD Committee on Budget and Employment
November 7, 2019

The Committee met to consider the Executive Director’s 2020 Budget Recommendations contained in the October 15 book, along with the proposed changes submitted by the Executive Director on October 30, 2019. The initial recommendations and the changes may all be accessed at http://mwrd.legistar.com/calendar.aspx and clicking on the “meeting details” for the entry for this Nov. 7 meeting. The Recommendations as amended were accepted.

Next Steps in Budget Process:

Public Hearing on Dec. 5 at 2 pm
Special Board Meeting on Dec. 12 at 10:30 am to consider further amendments and adopt budget
Board Meeting on Dec. 19 at 10:30 am to consider any further, and final, amendments

Budget Overview (reflecting changes):

Total proposed budget of $1.089 billion, a decrease of 10.9% from 2019.
Total proposed tax levy is $652.6 million, an increase of 1.4% from 2019.
Number of employees (Full Time Equivalents, or FTEs) are 1,953, down by 14 from 2019.

The Commissioners heard from representatives from each MWRD department who presented the overview of that department’s proposed and 2019 budget and employee count, the 2019 operational highlights, and the primary initiatives for 2020. Their slide presentations may also be found at http://mwrd.legistar.com/calendar.aspx. Only a few of the Commissioners asked questions. Here are some of the highlights:

Maintenance & Operations will be issuing a Request for Proposal (RFP) for marketing and developing biosolids. Plan to hire an outside firm rather than add staff because need to fine new outlets. The changing weather that is bringing more rain increases the costs to the District.
Engineering plans to review contract language and requirements to see if more bids for RFPs might be obtained to ensure the MWRD is getting the most favorable prices.
Stormwater Management averages only 37 days after submission to issue permits. In 2020, the plans are to continue the Addison Creek Reservoir construction and award the Addison Creek Chanel Improvements project to reduce overbank flooding. Commissioner Shore said she remains concerned that the MWRD has had problems spending all of the tax levy for the Stormwater Management Fund in past years, though it appears that that will be done in 2019. She wonders if consideration should be given to contracting outside of the District if Staff cannot generate enough projects internally.
The Monitoring and Research Department had a long list of accomplishments for 2019 and a number of new projects for 2020. The Director explained that the employees are now organized by programs and projects, rather than particular specialties. In the past, if you were in the soil area, you only worked on soil-related projects. This new organization means they can work more efficiently and so will be able to eliminate 6 unfilled positions.
The Law Department expects that the revised Ethics Ordinance will be ready before the end of 2019. Commissioner Davis raised the idea of the Board hiring its own attorney. The General Counsel responded that that could be done, but the Law Department’s client is the MWRD, and the Board is part of the MWRD.
The General Administration Budget is up by $2.8 million over 2019; $2.4 million of which is proposed for a 2% increase in the salaries of non-union employees. Low-flow toilets were installed in the main MWRD building in 2019. Already in 2019 the prescription drug collection program has exceeded the number of pounds of drugs collected and disposed of in 2018.
Public Affairs helped create a road show to celebrate the 130th anniversary of the MWRD, and has a new storybook for children called “Where Does My Poop Go?”!!!
Commissioner Shore asked the Director of Information Technology whether there is a need for a Chief Information Security Officer. Director Sudduth said that he is going to try to recruit someone who could help fill that role, but there is a great demand for qualified people in the private sector at higher salaries He may also look to outside services.
Human Resources has an RFP coming for a compensation and benefits study to be completed in 2020. Commissioner Shore asked that the staff advise what the impact on the budget the parental leave policy has had.
During 2020 the Commissioners and staff will embark on a new 5-year strategic plan.
Commissioner Shore asked whether the MWRD should consider seeking legislation from Springfield that would permit the District to contribute larger amounts to the Pension Fund, particularly when the District has one-time revenues, such as the TIF-surplus that the City of Chicago is releasing to the MWRD and the other government entities.

Observer: Priscilla Mims

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MWRD Board Approves Watershed-specific Storm Water Studies Meant to Facilitate Pilot Storm Water Credit Trading Program

11/21/2019

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Metropolitan Water Reclamation District Board - November 7, 2019

Board decisions:
(Agenda Items #19-1082 and #19-1083 - {57 and 58})

The MWRD’s Watershed Management Ordinance (WMO), Article 208 instructs the Agency to conduct studies pertaining to storm water release rates in specific watersheds, and to recommend potential amendments to the WMO once studies are complete.
Similarly, the WMO authorizes the MWRD to do a pilot study for a regional storm water detention and volume control trading program.
Commissioners approved the methodology for both studies, which are to be initiated in 2019 and completed by May, 2022.
Both are expected to be landmark studies that could change storm water drainage practices and regulations within the MWRD’s service area (Cook County).
Commissioners Debra Shore and Cameron Davis pulled these items for discussion, Commissioner Shore noted that the watershed model used to determine release rates in Item #19-1802 was not based on wet years, and asked if it were too late to modify the model to reflect “worst case scenario” of the wettest years already experienced. Dr. O’Connor, the MWRD’s engineering director, responded by saying the model could still be modified after the vote.
Commissioner Davis asked Executive Director Perkovich to communicate directly with the Storm water Management Committee about modifications to the model. Commissioner Davis was concerned the watershed storm water release study methodology didn’t include “disproportionately affected communities”. While this subgroup of multiply-flooded areas was studied in 2010, the proposed new model excludes them.
Moving on to #19-1083, Commissioner Davis, Vice Chairman of the MWRD’s Storm Water Management Committee. said “We (the storm water committee) and staff aren’t on the same page,” on the goals and objectives of the pilot study for a storm water detention and control trading program (flood credit trading). He asked that communication between the Board committee and the Staff be “squared up” before the study goes forward. “We have misunderstandings with staff on the May directive,” Commissioner Davis said.
Both of these items were returned to the consent agenda and passed unanimously.

Board discussions:
Agenda Item #19-1080

Commissioner Mariyana T. Spyropoulos pulled agenda item 47 for discussion. The MWRD has a long-standing agreement (from 2003) with Vulcan Materials to excavate the McCook Reservoir. The agreement has been amended repeatedly, and the cost of the contract has risen with new work added.
Commissioners were asked to increase the amount due to Vulcan Materials by $3,504,813.00, to a total not to exceed $101,200,234.25. Commissioner Spyropoulos asked staff to compile a history of the Vulcan contract agreements for the benefit of the newer board members. Executive Director Perkovich agreed.
This larger payment to Vulcan was approved as part of the consent agenda.

Deleted Item:
Agenda Item #19-1050

Executive Director Brian Perkovich withdrew item 54 from the agenda at the start of the meeting without discussion or explanation. A vote on this item would have authorized the MWRD to join the US Army Corps of Engineers, the City of Chicago, the Chicago Park District and the Forest Preserve District of Cook County in preparing a Comprehensive Water Resources Plan.
The Corps has agreed to inventory existing conditions in Chicago area river systems; assess restoration potential; identify opportunities for connecting existing and planned riverfront developments and recreational amenities; identify flood risk management strategies, assess public health impacts, and make evaluations.
Federal dollars will pay half the projected $300,000 cost, and the MWRD was to pay its share of the remaining $150,000 along with the other local partners.

Other Comments or Observations:
The MWRD Board of Commissioners had a full day of meetings, so the morning session was briefer than usual. The afternoon budget session is reported separately.

Observed by: Laurie Morse Meeting Length: 1 hour.

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MWRD Corporate Boundaries Criteria for Participation in Green Infrastructure Projects to be Reassessed

10/28/2019

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Metropolitan Water Reclamation District (MWRD) Board Meeting
October 17, 2019

Items Discussed and Approved:

The board approved Item #46, 19-1027 granting staff the authority to negotiate intergovernmental agreements to assist 20 local municipalities and other governmental organizations with Green infrastructure projects. However, commissioners Garcia and Shore asked why some County municipalities could not participate and were told that they were outside the “corporate” boundaries. The MWRD corporate boundary is defined by its sewage treatment service which includes 95% of Cook County. However, its Stormwater Management Authority covers 100% of Cook County. Chicago Heights and Barrington projects were denied because they are located outside of corporate boundaries. Staff was asked to take another look at the roadblocks to participation as it seems unfair to these commissioners that these covered communities cannot participate because they are not in the defined corporate boundaries. Commissioner Davis requested methodology for granting projects be more equitable for underserved communities.
# 11, 19-1007 Board approved an increase of 100% for the cost of digging the TARP gate at the O’Brien plant. Depth is currently at the mezzanine level. Commissioner Spyropoulos asked if there might be another increase as they go even deeper. Answer: another change order may be needed and costs might rise.
#14, 19-0980 Authority to advertise contract for enhancements to the District’s new website. Commissioner Garcia asked that The Board be provided the list of enhancements and asked if this site will be fully functional in Spanish (not google translate).
#18, 19-1005 Authority to advertise for Safety Consulting Services on best practices. The District has put in place a newly appointed safety manager for 2020, Ed Carpinski.
#40, 19-1033 Approval to pay a Chicago Defender Invoice - Commissioner Garcia asked about using the Chicago Reader instead of the Chicago Defender that will cover 9 newspapers in print and digitally. Commissioner McGowan reminded the board that the Defender is used specifically to reach the African American community. Staff to look into the Chicago Reader.
#42, 19-1040 Report on Worker’s Compensation claim settlements. Commissioner Spyropoulos requested a report on correlation between safety prevention and workers compensation percentages for the last 3 years. Commissioner Shore asked if there was a remediation plan for unsafe transportation issues. Answer: YES.
#44, 19-1012 Report on Green Infrastructure. Commissioner Shore inquired if the Board receives an annual report in addition to required Consent Decree quarterly reports on green infrastructure projects. Guidance for where these projects are located was requested. What metric is used for the success of the locations where they have been installed? Ans: NA
#45, 19-1026 Authority to enter into a feasibility cost sharing agreement with the Army Corps of Engineer’s for a limited reevaluation of the Upper Des Plains River and Tributaries Study in the amount of $99,998. Concern centers on the Foxcom water diversion request.

Items Deleted from the consent agenda:

#13, 19-0937. Bagging services for the Stickney plant composted Biosolids. Deleted as decision was made to have bagging done on site rather than by a contractor. Item pulled until costs associated with decision can be brought to the board.
#24, 19-1014. Purchase order request for the delivery of Rock Salt. Commissioners asked that other options be evaluated for safety and cost criteria - staff reported that there has been little success in other areas of the country with alternatives that are environmentally safer. A question was raised over whether the cost of the $500,000 legal fees associated with the use of salt was factored into the evaluation of cost and safety. There is enough salt on hand for the early winter months.
#27, 19-1017. This was a request to issue purchase orders to furnish and deliver odor control chemicals and a delivery system from a new vendor. However, in public testimony, Mr. Nick Leonis of D3W Industries serving the Calumet plant since 2014 asked that this item be eliminated because the product chosen does not meet specifications. The Executive Director had already deleted the request for further evaluation, and Commissioner Shore requested a memo from D3W explaining the irregularities they have identified in the testing methodology of the new vendor.
#34, 19-1000. Without comment this authority to decrease a purchase order and amend an agreement with the University of Illinois to conduct four years of research of the use of perennial riparian grass buffer strip at the Fulton County site was deleted by the Executive Director.

Item Deferred:

#32, 19-0932 Garcia asked for a second deferment to increase a purchase order from $224,668 to $244,668 for Legal Services for Workers’ Compensation Defense. He asked for a complete list of law firms with whom the District has contracted for services.

New Business:

A 2021 Strategic Business Plan Committee has been formed including Commissioners Shore and Garcia, Executive Director Brian Perkovich, and department heads, Marianne Boyle, Susan Morakalis, John Murray and Catherine O’Connor

To view meeting agenda click HERE

Observer - Patricia Lind Meeting Length: 2 hrs. 30min

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MWRD Board Forwards Land Deal for Crestwood Casino Project

10/4/2019

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Metropolitan Water Reclamation District (MWRD) Board Meeting
October 3, 2019

What did the Board decide?

Approved 99-year lease for 44.4 acre property for Crestwood development project (AgendaI Item #16, 19-0992)

The board unanimously accepted an initial annual rental bid of $820,626 from the City of Crestwood. It is not clear if the lease is contingent on Crestwood receiving a casino license from the State of Illinois. The lease is for 99 years, a departure from the MWRD’s typical lease length of 39 years. There was no discussion of the 35% reduction in annual rent from the minimum $1,262,500 Commissioners authorized for this property at their August 8, 2019 meeting.
During public comment Chelsey Grassfield, policy specialist for Friends of the Chicago River, addressed the board, seeking vigilance in maintaining 60-100 foot required setbacks from the river and advocated use of sustainable landscape design when the MWRD reviews site plans for the 44.4 acre parcel bordering the Cal-Sag canal that the City of Crestwood will lease from the MWRD. The community is seeking a casino license to anchor development on this property. Ms. Grassfield said leaseholder’s focus should be on the health of the river and maintaining established waterway standards.
Later in the meeting Commissioner Cameron Davis inquired when the public would again be able to comment on sustainability and design of the development of the property. Staff said the MWRD would review site plans when they are available, and Commissioners could participate in the process.

2020 Regular Board Meeting Calendar approved (Agenda Item #1 - 19-0998)

Study of Affirmative Action hiring record deferred (Agenda Item #23 - 19-0993)

The MWRD is required to conduct a study of disparity in its Affirmative Action hiring practices. This item would have authorized request for proposals seeking an outside contractor to perform the analysis at an estimated cost of $200,000.
Commissioner Marcelino Garcia asked for this item to be deferred until he had time to discuss his concerns with staff. He said that he wanted this to be a meaningful accounting of the District’s minority hiring practices, and not just the minimum required by law. After supporting comments from Commissioners Frank Avila, Barbara McGowan, and Board President Kari Steele, the Board directed staff to schedule a study session for them on progress in minority hiring practices
Commissioner Garcia then asked to remove this RFP authorization item the Board’s agenda until after the study session.

Allocation for expert witness testimony deleted from agenda (Agenda Item #29 - 19-0952)

This item would have budgeted $200,000 for expert witness testimony in an ongoing lawsuit.
It was removed from the agenda without comment by Executive Director Brian Perkovich

Bio solids bagging contract deferred (Agenda Item #18- 19-0937)

The MWRD gives away biosolids (compost) to the public at its Stickney plant. People can take it away in their own containers, but the District pays to bag some of the material for distribution. This item proposed to seek and pay a contractor $45,000 over a 3-year period to pick up composted biosolids from the Harlem Ave. composting facility, transport them to an off-site location, bag it, and return the filled bags to the Stickney Plant.
In response to Commissioners’ questions, staff said the plan would produce 5,000 bags of compost per year at a cost of $15,000 per year. Commissioner Debra Shore asked for cost-comparisons between buying the bagging equipment and having MWRD employees do the bagging and outsourcing. Commissioner Barbara McGowan questioned the process of transporting the compost back and forth.
Commissioner Marcelino Garcia questioned the value of the project, saying that while it is very nice that the District gives away composted biosolids, the MWRD lacks a plan to monetize and distribute it products at scale. “We need to industrialize and sell the products we create,” he said. “We need a staff person who is dedicated to this idea, and who can move us forward.” The Commissioners agreed to defer this item until it could be more fully explored.

Other discussions of interest:

Commissioner Mariyana T. Spyropoulos questioned why certain contracts were rejected and why the District received so few responses to some requests for proposals. She asked if specifications for services were being too narrowly written. She suggested a look at procedures for contracting.
Commissioner Marcelino Garcia questioned if minority guidelines were being observed when the District added scope or funding to existing contracts. There were several items on the agenda that did add funds to existing contracts, and he highlighted them. Staff said that they would be attentive to this issue.

Observer - Laurie Morse Meeting Length - 2.5 hours

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Biosolids Processing Contract Reduction Approved by MWRD Board

9/29/2019

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Metropolitan Water Reclamation District (MWRD) Board of Commissioners Meeting
September 19, 2019

Board Actions:
The Board approved the authority to decrease the amount of a 20-year contract with Metropolitan Biosolids Management, LLC. to design, build, own, operate, finance, and maintain a 150 dry tons per day biosolids processing facility at the Stickney Water Reclamation Plant. After discussion and comments the Commissioners approved this contract price reduction of $2,301,917.50 from $199,537,840.13 to $197,235,922.63. (Agenda Item #41 19-0890)

Commissioner Davis wanted to understand why the decrease does not align with the original contract and why the devaluation. It was stated that due to a very wet spring and summer there has been a decrease in the amount of dry biosolids being processed. The amount of processed dry biosolids has gone from 120 Tons per day to 100 tons per day. This does not align with the original contract of 150 tons per day.
Public speaker, Mike Archer, stated that this could cost the taxpayer more money. Davis asked if next year is a drier year would this contact need to be amended. Answer from staff: the contract would be reviewed again. Commissioner Davis asked for a full report on this issue.
Mike Archer’s request for a meeting with staff was approved.

Action on deferrals from previous meeting:

Authority to advertise a contract for a pilot study of the Calumet Water Reclamation Plant with the goal of finding a cost-effective method to remove phosphorus from the effluent discharge which ends up in the Gulf of Mexico was passed. Commissioner Shore did want more information as to what happens to the phosphorus when it is removed. (Agenda Item #20 19-0819)
A resolution asking for authority to advertise a one-year contract to bid on legal notices the district issues such as original entrance and promotional civil service examinations, general contract, etc. Commissioner Garcia wanted to make sure this was advertised daily and well circulated. He is going to work with Procurement to make sure this happens. This was passed. (Agenda Item #21 - 19-0846)
A resolution to issue a purchase order and enter into a 3 year agreement with HR Solutions and Services LLC. for On-site Training Services; E.G., Sexual Harassment and other inappropriate Workplace Behaviors and Value of Diversity. The contract is not to exceed $296,700.00. Commissioners Garcia and Shore want to make sure this is the best training and stated they want to read the evaluation of this program when it is completed. This was passed. (Agenda Item #27 - 19-0801)

Items Deferred:
Authorization to exercise an option to extend an agreement for one year, for the professional legal services, of Valentine Austriaco & Bueschel, P.C. that represent the MWRD in connection with bankruptcy and collection matters. Commissioner Garcia questioned the choice of Law Firms. He wanted to know why they chose a firm that was not on list of firms that the MWRD regularly uses. It was stated that this firm specializes in this type of law and that is why they were chosen. There was much discussion on this issue and Commissioner Garcia wanted more information. It was deferred. (Agenda Item #17 - 19-0897)

Deleted Items:
1. Authority to advertise for a contract to provide Web Housing and support of Oracle Primavera software was deleted by the Executive director Brian Perkovich with no comment. (Agenda Item #25 - 19-0875)
2. Authority to commence statutory procedures to lease up to 75+ acres of District real estate located south of Lockport Powerhouse between the DesPlaines River and the Main Channel in Crest Hill, Illinois for installation of a photovoltaic solar plant. (Agenda Item #49 - 19-0913) This item was deleted for more information.

Commissioner Garcia wanted to know about this lease and why there were restrictions that this property be used solely for a solar plant.
Commissioner Shore also was concerned and suggested this be put to an RFP to the marketplace.
It was stated that a Task Force was formed consisting of engineers, law department and research department and they concluded that the best use for this land would be for a solar plant. This land would not be good for recreation or other uses due in part to difficulty in accessing this land, and it is near a Com-ed sub- station. This item could be on the agenda for the next MWRD Board Meeting in October.

Observed by: Nancy Marcus Meeting Length: 2 hours plus a 1 hour break for Executive Session

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Phosphorous Technology Research Project Discussed at MWRD Board Meeting

MWRD Board Meets with Departments Regarding Proposed 2020 Budget

MWRD Board Approves Watershed-specific Storm Water Studies Meant to Facilitate Pilot Storm Water Credit Trading Program

MWRD Corporate Boundaries Criteria for Participation in Green Infrastructure Projects to be Reassessed

MWRD Board Forwards Land Deal for Crestwood Casino Project

Biosolids Processing Contract Reduction Approved by MWRD Board

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