Metropolitan Water Reclamation District (MWRD) Board Meeting - September 2, 2021

All Items were approved, except for Agenda Item #63, which was deleted (see below for more info on that item).  

Board Highlights:

2020 Report of the Retirement Fund presented by the Fund Executive Director, Jim Mohler (Agenda Item 54, File # 21-0769)

• The presentation for the year ending Dec. 31, 2020 was delayed until now due to COVID.
• Actuarial and Market values of assets were at record highs of $1.56B and $1.588B, respectively.
• Actuarial fund ratio had jumped to 57.3% from 55.9% in 2019 and 50.4% in 2010.  
• Net pension liability dropped by $123M over the last 2 years.
• Fund Net Rate of Return exceeded Actuarial Assumed Rate of Return.
• Investment management fees reduced by over 10%.
• The additional contributions over the actuarial determined contribution that have been approved by the Board have had positive benefits.
• Going forward, need to keep an eye on deficits of cash flows (more money being paid out than contributions).  For 2021, deficit is projected at $81M, about 5%.  However, expected rate of return is higher (7.25% actuarial).  Problem when the deficit percentage exceeds the rate of return.

Stormwater Management

• A representative from a citizens’ group called “Dry Up LaGrange” spoke during public comments asking for help from the MWRD in dealing with flooding problems on the south side of LaGrange.  The group and village officials have met with several Commissioners and staff, as well as their U.S. Representative, State Senator and Representatives, and Cook County officials.  There are several proposed projects which need funding.  There is a lawsuit against the owner of a quarry in McCook which some believe is the cause of the flooding.  The group would also like to send the village’s combined sewage and stormwater into the Deep Tunnel.  President Steele said that the MWRD will continue to meet with both the village and the group and look for ways the MWRD can be of help.
• In response to a question from Comm. Davis regarding an intergovernmental agreement with Berwyn to help fund green alley improvements, staff said that the MWRD continues to inspect the infrastructure at least yearly – in perpetuity – even though the other entity is obligated to do the on-going maintenance.  (Agenda Item 58, File # 21-0759)

Affirmative Action

• With regard to two proposals to advertise “furnish and deliver” contracts for unleaded gasoline and diesel fuel, Comm. Garcia asked for an update of the disparity study.  Executive Director Perkovich said that last update he had was by the end of September.  Comm. Garcia and others think that at least some of these “furnish and deliver” contracts should have affirmative action goals.  Currently, these types of contracts are exempt from such requirements.  (Agenda Items 19 & 20, File # 21-0765 and 21-0766)

Settlement with two persons (not MWRD employees) for injuries stemming from the 2018 explosion at the Calumet Water Reclamation Plant (Agenda Item #52, File # 21-0782)

• Comm. Shore stated she supported the settlement, but asked about where things stood with the MWRD employee who was severely injured.  Exec. Director Perkovich confirmed that that was being handled through a workers’ compensation claim.
• The total amounts to be paid to the two non-employee claimants are $5.6M and $500,000 (for a total of $6.1M).  The MWRD will expend $1.12M, which is the remaining self-insurance amount, while the district’s excess casualty insurance company will pay the rest.

What to watch for: 
Proposed change to the Board Rules to allow for Members to participate remotely

• After questions and discussion, this item was deleted to allow time for Commissioner input and possible revisions. (Agenda Item #63, File # 21-0795).  
• The General Counsel explained that under the Open Meetings Act, entities may provide for members to participate remotely (video or audio calls) as long as there is a quorum physically present.  In the case of the Board, a quorum is 5, meaning that up to 4 members could be allowed to participate remotely.
• As proposed, and consistent with the language of the Open Meetings Act, a member unable to participate due to personal illness or disability, business of the MWRD, or a family or other emergency, could request to participate remotely by submitting such request via email by 9 am of the day of the meeting to the President and Clerk.  The Board would then vote at the beginning of the meeting whether to grant that request.
• Comm. Garcia and others questioned why the proposed change submitted only allowed for remote participation at Regular Board meetings, and not Special meetings, Executive sessions, Committee meetings, or Study sessions.  Comm. Shore and President Steele both supported at least excluding Executive Sessions.  Comm. Shore was concerned whether the District could be assured an Executive Session was truly confidential if someone was participating remotely.
• Comm. Davis suggested that the MWRD may want to talk to Illinois legislators about further amending the Open Meetings Act to allow more opportunities to have remote participation, citing the example of a snow storm, given the successful experience of holding remote meetings over the last year due to COVID.

Length of meeting:  2 hours and 45 minutes (with a 45-minute Executive Session at 1 hour and 55 minutes into the meeting)

Observer:  Priscilla Mims 

Metropolitan Water Reclamation District (MWRD) Board Meeting
May 20, 2021
Present: President Steele,  Commissioners Davis,  Du Buclet, Garcia, Morita, Corral Sepulveda, Shore, and Spyropoulos. Commissioner McGowan absent 

Board Action:
Agenda Item #25-#21-0457 - contract for approval - removed from Consent Agenda for discussion

• Commissioner Shore raised concerns about the $15 million boiler contract in which the low bidder was dismissed because of a missing signature on a subcontract. She asked how this can be avoided and what measures could be taken? Director Perkovich stated the ordinance mandates that any contract missing signature(s) is automatically rejected.
• Commissioner Shore reported her staff had researched this issue and had found that since 2016, there were sixteen bids rejected because of lack of signature, resulting in a cost of more than $2 million to taxpayers. Other agencies conduct a compliance review to avoid this. MWRD has no such review. Director Perkovich said the staff could definitely research this. President Steele directed that this be done ASAP.
• Commissioner Shore called this a systemic failure and that the Board had repeatedly asked for improvement in procurement procedures. Commissioner Davis pointed out that there are electronic tools that automatically  kick contracts out that are incomplete, thus alerting the agency to that fact before they are filed.
• Commissioner Shore’s second question was whether it is possible for these large contracts to be broken up into smaller parts. This would allow smaller contractors to bid on them, thus helping to meet MWRD’s goal of rewarding contracts to a more diverse group. Director Perkovich affirmed that this could be done.
• All other commissioners made statements in concurrence with Commissioner Shore’s concerns. Agenda item #25 was voted down on a roll call vote with all 8 commissioners present voting against the item.

After a lengthy executive session, the Board  reconvened and approved all the remaining agenda items.

New business:

• June board meeting will most likely be held in person.
• Commissioner Davis reported the Chatham Pilot Study had been halted, but not because of MWRD.
• Commissioner Shore said feedback on the state water plant would be invited next week.

   
Observer: Georgia Gebhardt                             Meeting time: 189 minutes including Executive Session

Metropolitan Water Reclamation District (MWRD) Board Meeting 
April 1, 2021 

Board Action
Agenda Items: Commissioners pulled 10 agenda items for discussion.  Once discussed, all but item #34 were returned to the agenda and approved.  

Administrative:
Executive Director (ED) Brian Perkovich deleted item 32 (21-0300). 

• This item was the subject of 3 public comments at the start of the meeting.  Homeowners in the Ropolo subdivision asked Commissioners to vote in favor of Item 32 and end an annexation agreement between Elk Grove Village and the MWRD that would have allowed the Village to use MWRD land to “take our homes.” The annexation involved about 41 acres of MWRD land near the Majewski Reservoir. 
• Language in item 32 required the District in future annexation agreements to limit a municipality’s ability to pursue involuntary annexations of private property contiguous to District land.
• ​ED Perkovich deleted the item prior to public comments, apparently because a letter from an attorney representing the homeowners noted item 32 was not sufficient to meet a court order that required both the termination of the annexation agreement and a disconnection of the private properties from the Village.  

Affirmative Action Goals

• Most of the discussion in this meeting revolved around item 33 (21-0253) with Commissioners asking how MWRD affirmative action goals are enforced in project partnerships.  The MWRD often enters into intergovernmental partnerships to complete infrastructure projects.  
• Item 33 authorized $3 million payment to the Village of Mount Prospect to design, construct, and operate the Aspen Trails’ storm sewer and reservoir project. The Village was unwilling to apply affirmative action goals to the entire project, reportedly because specialized equipment was involved that was difficult to source from minority or women-owned firms.
• Commissioner Corral Sepulveda asked staff if the MWRD requires documentation of good faith efforts to apply the goals in these cases. Director of Engineering, Dr. O’Connor, said no.
• Commissioner Corral Sepulveda noted the Board was about to receive the 2021 disparity study, and asked staff and fellow Commissioners for suggestions on how the District can strengthen affirmative action goals in its intergovernmental agreements.
• ​Commissioner Garcia agreed hiring goals in partnership agreements should be stronger. 
• Commissioner McGowan said “We have a lot of these partnerships.  I’d like to know who the PCE’s (minority contractors) are who are hired, along with the dollar amount they received.   We need to keep up with all of this.  It’s quite a lot of money.”
• ​Commissioners requested a memo from staff showing all partners of intergovernmental agreements, with dollar amounts provided by each partner; identifying the contractors and minority contractors hired and how much each were paid. Commissioners want data to give them a sense of what dollars the MWRD, and its partners, are allocating to minority contractors.  Executive Director Perkovich agreed to provide the memo. 

Stormwater Management

• Item 34 (21-0254) was deferred by commissioner Shore to allow staff time to determine if the MWRD’s stormwater watershed management ordinance was more or less stringent than the one in Kane County.   Item 34 would have allowed the Village of East Dundee to enforce the Kane County ordinance in portions of Cook County.

Executive Session:

• The Board meeting opened at 10:30 am.  At 11:45 the meeting was closed for the purpose of discussing collective bargaining agreements.  The meeting was reconvened at 12:45 pm. 

Observer - Laurie Morse                     Length of Meeting: 3 hours including a one hour executive session

Metropolitan Water Reclamation District (MWRD) Board  Meeting
September 3, 2020

Agenda Items

• All agenda items approved except for three items that are listed below. Resolution honored Robert Johnson for his work with STEM and Future Cities engineering programs. You can see him on YouTube.
• Resolution honored the 19th Amendment Passage, 100 years ago.
• Resolution honoring Sister Jean on her 101st birthday. Older than the amendment!
• Item #23 -It was emphasized that the seal coating for roads and patching, contains no coal tar.
• Item #49 - 87% of the levy has been collected. The Assessor will put in a Covid equalizer for the 2021 budget process.
• Item #53 - The Skokie Sports Park will be able to sell and consume alcohol on the premises. MWRD gets 25% of sales.

Stormwater Management

• Items #56 and #57 extended the Green Alley Program in River Grove and Skokie. It was emphasized that the Villages maintain the local projects but if maintenance is found to be lacking, MWRD will step in to fix it. The Village would then have to reimburse MWRD for the cost of this maintenance.

Deferred or Deleted Agenda Items

• Item #15 (rescinding of contract for native landscape areas maintenance) was deleted before the meeting. 
• Items #18 (affirmative action questions on contract advertising for marketing of biosolids) was deferred. It has been difficult to find subs that are qualified to sell the biosolids.
• Item #32 (more discussion needed on purchase order with firm that was to do the Affirmative Action Ordinance Disparity Study) was deferred. 

Observer - Peggy Kell                    Meeting Length: 2 hours 15 minutes

Metropolitan Water Reclamation District (MWRD) Board Meeting
August 6, 2020

Retirement Fund Report:  

• Item 48, 20-0636:  Had a 18.3% return on investments last year, putting it well above average.  Fund is at the highest valuation ever.  However, payments out exceeded contributions by existing employees.  Given that employees being hired now pay in lower contributions (and in turn will receive lower payouts) than those who are now retiring, expect that payouts will continue to be higher than contributions in the foreseeable future.  Why returns on investment are so important.  Good that the Board has been authorizing additional payments, such as the extra $20 million in March this year, to help shore the Fund up. For 2020, reported that at the end of the 1st quarter, the Fund was down by 17%, but has recovered much of the loss during the 2nd quarter. Now at minus 3.6%.  

Some Items Passed with Discussion:

• Item 49, 20-0590:  Added Juneteenth to the list of days that an employee can select from to use as an “Additional Holiday.”  
• Item 51, 20-0521:  Authority to commence statutory procedures to lease 5,097+ sq.ft. of District land located on southeastern bank of Collateral Channel at 3152 S. California, Chicago.  Deferred from July 16 mtg to allow neighborhood groups to weigh in.  Richard Golf from Lakeshore Recycling System reported during the Public Comment Period that the company had met with neighborhood group and had meeting scheduled with Friends of the River.  Ald. George Cardenes (12th ward) spoke in support.  Comm. Davis asked that contract include a provision that lessee will comply with all state and federal requirements, including those regarding emergency planning; that emergency contact information be posted at the site in both Spanish and English; and that the lessee have a Spanish-speaking person available.  
• Item 54, 20-0648:  Authorization to declare as surplus and not required for MWRD use and sell to the Illinois Department of Transportation 0.15 acres located south of the Cal-Sag Channel in Alsip, Illinois.  During Public Comments, Friends of the River said that it wants to make sure that this sale would not adversely impact the long-term goal of connecting 2 channels of water.  Comm. Garcia pointed out that if MWRD doesn’t sell, IDOT can instead use eminent domain to acquire.  
• Item 57, 20-0623:  Intergovernmental agreement with Cook County Forest Preserve for a green infrastructure retrofit of a parking lot in unincorporated Proviso Township.  The permeable pavers and bioretention areas to be constructed are expected to mitigate flooding in the area.  MWRD contributing a little less than half ($203,107) to the total expected cost of $486,215.  Comm. Garcia asked about participation goals by the Forest Preserve, which are actually higher than the MWRD’s with respect to MBE/WBE.  Comm. Garcia wants to have a separate discussion in the future on the MWRD requiring other entities to use the MWRD goals, if the other entity’s goals are not higher, for the entire project, not just for the amount contributed by the MWRD, as currently provided. 

Items to Watch for at Future Meetings:
Items Deferred:

• Item 18, 20-0622:  Authority to advertise for professional services to market EQ (Exceptional Quality) Biosolids.  Comm. Garcia continues to be troubled that the District doesn’t have a single person/department overseeing a comprehensive strategy for dealing with bio-solids.  Also troubled by the lack of participation goals and would like an estimated return on investment.  Other Commissioners wanted to move forward because MWRD does not have marketing expertise and needs help, particularly given the elimination of trade shows due to COVID.  Comm. Morita also asked for staff memo to be prepared on where the District is with regard to the bio-solid program. 
• Item 30, 20-0602:  Authority to award contract to furnish janitorial supplies.  Comm. Garcia deferred and wants to know how many MBE/WBE, etc. entities participated and whether other government entities have goals for this kind of contract.  President Steele pointed out that this is a “furnish and deliver” contract which, under current Board rules, does not need participation goals.  However, this is part of the ongoing discussion regarding a possible modification of the Affirmative Action Ordinance.

Items Deleted:

• Item 11, 20-0591:  Authority to advertise for professional services to conduct facility needs studies for Hanover Park and Lemont Water Reclamation Plants.  Comm. Shore concerned that it has only been 10 years since the last Master Plan and Executive Director agreed that normally would expect a Master Plan to have a useful life of at least 20/30/40 years.  But main issue is the Comm. Shore wanted the scope to be expanded to include study of inflows during rain events.  Deleted, rather than deferred item so that scope could be expanded (which may also impact cost).
• Item 27, 20-0631:  Authority to issue purchase order for creation of Stormwater Master Plan for Avalon Park, Englewood, Greater Grand Crossing, and South Shore Study Area. (Deleted by Exec. Director, no discussion.)

Potential Amendment to the Ethics Ordinance:

• Comm. Davis said at the end of the meeting that he has heard from a number of non-profit groups that do not lobby for themselves, but for the public good, that they are being hurt by being treated as “lobbyists” and required to pay fees under the current Ethics Ordinance.  He would like to fine-tune the ordinance, but wants to have a Study Session at least 30 days after any proposed amendment to allow time for public comment.

Length of Meeting:  4.5 hours (including 70 minute Executive Session before last hour of meeting)

Observer - Priscilla Mims

Metropolitan Water Reclamation District (MWRD) Board Meeting
​July 16, 2020 

All 9 Metropolitan Water Reclamation District Board members were present at the meeting.  Due to technical difficulties, only audio recording, without video, was available. The meeting also included input from several public speakers via phone hookup; MWRD Executive Director Brian Perkovitch and Director of Engineering Dr. Catherine O’Connor also participated.

Agenda Items 
The Board approved all agenda items except #54, which was deferred.
The following agenda items were treated as a group:
Issue a purchase order and enter into an agreement for Request for Proposal 19-RFP-32 Professional Services for Stormwater Master Plan for 

• #28 20-0531  Butterfield Creek Study Area Contract 18-848-AF, with Baxter & Woodman, Inc., in an amount not to exceed $249,140.00. 
• #29 20-0545  North Creek and Deer Creek Study Area, Contract 18-848-BF with Strand Associates, Inc., in an amount not to exceed $245,314.00.  
• #30 20-0546  Dixmoor, Dolton, Harvey, Phoenix, Posen, and Riverdale Study Area Contract 18-849-AF, with Donahue & Associates, Inc., in an amount not to exceed $250,000.00.
• #31 20-0549  Willow Creek and Weller Creek Study Area Contract 18-848-CF, with CDM Smith, Inc., in an amount not to exceed $291,188.00. 
• #32 20-0550  Austin, Humboldt Park, and West Garfield Park Study Area Contract 18-849-BF, with Stantec Consulting Services, Inc., in an amount not to exceed $249,970.00.

Commissioner Shore questioned whether some of the subwatersheds not included in storm water study areas had been omitted because they were not within the corporate boundaries. Dr.O’Connor affirmed that these areas had not been included because it was not known how to recover the associated costs.  Commissioner Shore asserted that these subwatershed areas should be included and Commissioner McGowan stated that the fees should be assessed first and the project should continue. She requested that staff visit the omitted areas.
The cost of a large contract was decreased slightly:

#39 20-0498 Authority to decrease Contract 18-611-11, Repair and Alterations to Various Water Reclamation Facilities in the Stickney Service Area and Other Installations, to Independent Mechanical Industries, Inc., in an amount of $470,099.70 from an amount of $12,962,035.59 to an amount not to exceed $12,491,935.89.

Two affirmative action policies were unanimously approved:

• #46 20-577  Authority to adopt a policy for increasing opportunities with the Metropolitan Water Reclamation District of Greater Chicago for small business enterprises that are lesbian, gay, bisexual, and transgender owned and operated to be designated as “LGBTBE Policy” .
• #47 20-0578 Authority to adopt a policy for increasing opportunities with the Metropolitan Water Reclamation District of Greater Chicago for small business enterprises that are owned and operated by persons with disabilities to be designated as “BEPD Policy  

#53 20-0486  Authority to negotiate an intergovernmental agreement with the City of Chicago to reroute a section of the West Side 9 Interceptor, which had been deferred from the June Board meeting, was approved.  

Stormwater Management

• #67 20-0566  Authority to enter into an Intergovernmental Agreement with and make payment to the City of Des Plaines for the acquisition of flood-prone properties in an amount not to exceed $800,000.00.  Approved unanimously.

    
Miscellaneous and Deferred Agenda Items
#54 20-0521 Authority to commence statutory procedures to lease a parcel of District real estate located on the southeast bank of the Collateral Channel.   

• Several Commissioners spoke approvingly of Lakeside Recycling Systems, the potential lessee,  and were in favor of proceeding.  Others were concerned that feedback had not been obtained from community groups despite     attempts by Lakeside Recycling.  The difficulty of getting input from under-resourced community groups in light of the current pandemic and economic conditions in the Little Village area was noted. 
  
• Commissioner Morita requested the item be deferred, and the deferral was agreed to unanimously.

Commissioner Requests

• Commissioner McGowan requested the Executive Director have staff look into adding a Juneteenth option to the 6 Commissioner holidays currently offered.  Employees would then be able to choose one of 7 options for their Commissioner holiday at no extra cost to taxpayers.

Observer:  Ann Bolan                        Length of Meeting:  3 ½ hours