Metropolitan Water Reclamation District (MWRD) Board Meeting
September 5, 2024

Items Discussed:
During the public comment period, the vice president for sales of Insituform Technologies USA LLC spoke against the proposed awarding of a bid for the 39th Street conduit rehabilitation –phase II to Michels Trenchless Inc, (Agenda Item #53, File # 24-0786).

• Michels bid was for $42.3 M, while Insituform’s was for $40.4 M.  According to the material with the agenda, Insituform’s bid was rejected for failure to meet the MBE, WBE, and VBE goals.  Insituform had requested a waiver of those goals, but, according to the agenda materials, the MWRD staff determined that the company did not substantiate a good faith effort to comply with the goals.
• Insituform’s vice president said the company felt it had made a good faith effort and has a subcontractor that does not have a WBE certification from Chicago or the MWRD, but does have other national certification.  The vice president also asked whether the MWRD had ever granted a waiver.
• This item was pulled from the Consent Agenda and deferred by Vice-President Flynn.

The only other item discussed was the proposed purchase order for EMS PRISM Compliance Management Software renewal (Agenda Item 27, File #24-0690).

• This item was deferred at the last meeting by Commissioner Davis (see the observer report for the August 8 meeting).
• Commissioner Garcia asked for a second deferral because he had not had all his questions answered.  
• Because this was a second deferral, a vote had to be held, and the motion to defer was passed 8 to 0.

New Business:  Commissioner Davis asked for a status report by the next Board meeting concerning the Environmental Justice Grant received by the MWRD from the Environmental Protection Agency.

Total meeting time:  50 minutes, plus an Executive Session which Vice-President Flynn said was to discuss labor negotiations.
All Commissioners present except Commissioner Spyropolous.

Observer:  Priscilla Mims

Metropolitan Water Reclamation District (MWRD) Board Meeting
August 8,  2024
                                               
Public Comments  

•   Tessa Murray from the Friends of the Chicago River listed their concerns with the elimination of some of the requirements and regulations concerning watersheds and flood control.

​Board Action - Agenda Items:         

• All items passed except Item #41 which was deferred
• Item #45  Landscape maintenance at various service areas.   This item was deferred at the July meeting. Commissioner Davis said that the procurement process in regard to diversity is flawed.    A vendor was not considered because they did not include the required letter of intent from a subcontractor that is needed to fulfill the diversity goals.  One of the vendors did not need a sub-contractor to meet the goals, the company itself met it.   But the rules require that they should still have included a letter of intent.  Commissioner Garcia recommended that a workgroup of departments be convened to address the issues.  President Steele directed Executive Director Perkovich to organize the workgroup and address  the process requirements and propose changes to make it more efficient. The contract was approved, Commissioner Davis abstained. (24-0604)
• Item #62 Report on change orders authorized and time extensions.  Commissioner Corral Sepulveda questioned why the project is 244 calendar days behind schedule. Catherine O’Connor from Engineering said that there are significant delays in getting electrical components. (24-0652)
• Item #69  Report on the 2023 Annual Comprehensive Financial Report of the Metropolitan Water Reclamation District Retirement Fund.   The retirement fund for the MWRD is better funded than many other municipal funds in the state, but not nationally.    It faces challenges.  Like all mature plans there is a gap between the number of employees currently working and the number of retirees.  This year, 80 people retired from the MWRD but there were only 40 new hires.  The MWRD has been contributing supplemental money to the retirement fund.  Commissioner Corral Sepulveda stated they would need to keep monitoring this and how it affects the overall budget. (24-0669)

Deferred Items

• Item #41  Commissioner Davis asked that the license renewal of  EMS PRISM Compliance Management Software be deferred.  Other municipalities are using different software.   President Steele asked Executive Director Perkovich to send the Commissioners all the information on PRISM.   (24-0690)

 The meeting began at 10:30 am and ended at 12:30 pm.   There was no Executive Session.
All Commissioners present except Commissioner Brady-Davis and Commissioner Brown

Observer - Kathi Graffam

Metropolitan Water Reclamation District (MWRD) Board Meeting
July 15, 2024 

Procurement Issues Raised:

• Commissioners Brady, Davis and Brown were highly critical of procurement ordinance requirements for what they termed as “technical reasons” for rejection.  Items #34-35 were specifically pulled from the agenda to be discussed. Both Commissioners stated the board has every right to raise concerns on why certain bids are rejected as they are charged with being “good stewards” of taxpayer money.  Item #34 is for a Landscape Maintenance contract to be awarded to Lizzetta Medina & Company.  Brady-Davis asked for this item to be deferred and said that she feels like problems with contract rejections are more systemic than just ordinance requirements.  #34-0604
• Commissioner Brown deferred #35 for a $19.9 million dollar flood control contract.  She asked Executive Director for guidelines by the next board meeting on what constitutes “good faith” in meeting the district’s LGBTQ requirements.  After a break, Item #35 was put back on the agenda and received unanimous support.  Prior to the break, staff had noted that payment outlays from a large government grant must be started by September.  In addition, Item #52 called for the board to approve a contract with a law firm to conduct a comprehensive review and assessment of the District’s procurement policies and procedures.  The staff was publicly thanked for listening to the board’s concerns and getting this contract approval on the agenda.  Staff noted that the timeline for completion is the end of the year [November 1].  #35 24-0609 and  #52 24-0612

Public Speakers

• Friends of the Chicago River spoke in support of extending through 2026 the Stormwater Trading Ordinance pilot projects due to sunset in January of 2025; spoke against proposed Article #103 to increase acreage covered under the Watershed Ordinance from ½ acres to 1 acre; and strongly supports Watershed Article #106.  The ordinance update language was not included in the board agenda.  The Nature Conservancy said it supports all of the proposed updates.   
• James Black of Michael’s Construction asked why his company’s bid for Item #35, which was the lowest, was rejected.  Ans:  he did not meet all of the WMB requirements while, according to procurement staff, all other bidders did.
• Mike Archey had to leave the meeting but provided a written request asking the District, “when will the past due Energy Neutrality Study be published for public Review.”  He went on to elaborate his concerns about the District’s energy and carbon management, its project delivery process, and its procurement process.

Board Action   

• With the exception of Item #34, all agenda items were approved.  
• Comm. Spyropoulos asked why staff rejected proposals to develop a small business program. E.D. Perkovich said the project will go back out to bid with the removal of the 10-year experience requirement.  Garcia asked for a report to all commissioners on sister agency requirements.  He noted that the board wants to ensure success but also has been waiting for this program to get off the ground.  #07  24-0565
  
• Comm. Davis noted that the contract for the Stickney Plant biosolids management strategy was to manage only biosolids “output”.  He asked if “input” can also be managed.  Answer:  Can do so in-house by looking at emerging technologies which are very energy intensive.  When asked by Davis for a timeline, the answer was ASAP.  Garcia stated he hoped that this contract will revisit using output for residential use as he has received many requests.  Item 25   #24-0572
• Approved a contract for Analysis of Per- and Polyfluoroalkyl substances in wastewater samples to Eurofins Environment Testing North Central Company for $96,250.   #33 24-0592
  

Items Deferred  

• Items #34 and #35 discussed above.  Item #35 deferral was lifted later in the meeting.  Item #34 remained deferred.

Executive Session:    YES.  called by Commissioner Spyropoulos, Chair Budget & Employment.  60 minutes

The meeting began at 10:30 and ended at 1:00 p.m.   All but Commissioner Sepulveda were present. 

Observer:  Diane Edmundson

Metropolitan Water Reclamation District (MWRD) Board Meeting
​June 6, 2024

Board Action:

• #7 24-0472   Michael Malatt, CPA, gave the MWRD a clean bill after the annual audit. He stated that the audit results were free from misstatement and that the firm was able to issue a “clean opinion” which is the highest rating possible. No weaknesses and deficiencies were found. He described the report as “boring” because nothing of concern was found. 
• #1 0490   The MWRD Commissioners voted unanimously to appoint Steven J. Lux as Treasurer of the MWRD of Greater Chicago. 
• #10 24-0474    Commissioner Davis questioned this item related to the rejection of bids. This particular agenda item was not the issue, but rather Davis was concerned about the ongoing history of rejecting bids because of such things as missing signatures and other minor omissions. He stated that this type of rejection discourages bidders. Bidders spend a good deal of time preparing their bids, and taxpayers lose when there are delays for months. Commissioner Davis said that this has been an ongoing issue, for which the department has not yet found a solution. 
  
• Commissioner Garcia echoed Davis’ comment. He said procurement processes still need attention. It is not happening and is taking too long.  Commissioner Corral-Sepulveda asked when the software contract expires. Perhaps a different software might help. What has the department done to respond? Commissioner Garcia asked if the MWRD was moving toward a consultant. He suggested that this would be a good move.  Commissioner Davis agreed, emphasizing that the consultant should be independent of the MWRD and its related associations.  Commissioner Flynn stated that she would expect bidders to be professional and to meet all the requirements without having missing signatures and other details.  President Steele directed ED Perkovich to provide the commissioners with necessary information and follow up on this issue.

Deferred Agenda Item:  

• #27 24-0464    Commissioner Garcia requested that this item be deferred. It is authority to award a contract to furnish and deliver electrical supplies for a one-year period.

Commissioner Request: 

• #35 24-0469   Commissioner Spryropoulos requested an update on the agenda item which requests the authority to decrease the contract to design and build a biosolids processing facility at the Stickney Water Reclamation Plant. 

Executive Session: A 20-minutes session was held to discuss minutes of the Open Meetings Act.   

Observer:  Georgia Gebhardt                                                 ​Meeting length:  1 hr. 20 min.

Metropolitan Water Reclamation District (MWRD) Board Meeting
November 16, 2023 

Board Action and Discussion:

• 23-1104  Com. Spyropoulos asked why the bid for the digester and gas piping replacement at Stickney came in 26% over the original estimate.  ED Perkovich said that the contract was to be completed over six years and the increase was attributable to inflation and labor costs.
• 23-1110  Com Davis wanted to make sure that when MWRD pays its 2024 dues to the US Water Alliance, that also it forward the District’s new PFAS policy to the group so that it may be read and hopefully adopted by other UWA members.
• 23-1088  The item awards a new security services contract to a contractor at Prairie Plan site in Fulton City.  Com Garcia wanted to make sure that we are seeking damages from the previous security firm that has not fulfilled its contract.  ED Perkovich assured the board that it was seeking damages.  With regard to the previous security firm, Pres. Steele reminded commissioners that if they separately receive a letter of concern that it should be forwarded to the entire board and staff.  She said letters from vendors should go to everyone, not just commissioners.  This item was deferred, then later returned to the agenda, then approved. 
• 23-1111  This item increases the amount not to exceed for payment to MWRD’s Federal lobbyist.  Com Garcia said that the Federal lobbyists represented a very high value to MWRD versus their cost.  Com. Davis agreed that they were invaluable in getting Federal monies sent to MWRD.

New Business: 

• Pres. Steele had just returned from a trip to Denmark to attend an EU water conference.  She will give a full report at a later date, but said the MWRD is acknowledged as a leader in water treatment by participants from around the world.  
• Com. Davis suggested that questions and then answered in writing be shared with the public, and he would welcome fellow commissioners’ thoughts.

Observer:  Amy Little            One Hour Board Meeting.  No Executive Session.  Absent:  Commissioner Brown

 Metropolitan Water Reclamation District Board Meeting
September 7, 2023

Board Action:
A motion to appoint David Ormsby, Inc. as Public Relations Consultant for the MWRD for a one-year period to advise on crisis communications management was approved 7 to 2 after being deferred from the August 10, 2023 meeting and again from the morning to afternoon session of this meeting.  The issue at hand was discussed at the August Procurement Study Session where board members made known that they want more contracts to go out to bid.  Commissioners Davis and Spyropoulos were the two voting against the contract saying that it should go out to bid.  Several of the remaining seven that voted to approve the contract said that they have met with Mr. Ormsby, that he is very qualified, and that there should be no delay in getting the help needed.  Commissioner Davis said the contract language was not clear as to how this will lead to better systemic communications.    (Agenda Item #1 23-0801).

Two other agenda items were deferred:

• A resolution recognizing Reverend Leslie Sanders was deferred to the September 21 meeting by Commissioner Garcia as he would like to have Rev. Sanders present.  (Agenda Item #4 23-0876).
  
• A resolution to grant the Village of Hanover Park a 60-year non-exclusive easement to continue to operate a 6-inch water main on District land for $10 was deferred by Commissioner Sepulveda.  She wants the language changed to allow the District to use the land for new opportunities if Hanover Park doesn’t move forward with its plans.  (Agenda Item #57 23-0806).

All of the other 64 resolutions were passed including four Stormwater Management Intergovernmental agreements or authority to enter into same.  The total expected expenditures reported at almost $6 million.  One of the Stormwater agreements is being terminated and replaced in an amount not to exceed $3,483,000.  The Legal Department shared that the District cannot legally require that local governments adopt the District’s AAP goals. Commissioners Garcia and Sepulveda requested giving priority to municipalities that comply with the District’s participation goals or a higher scoring value at project selection.  This approach appears to be legal. 

Another item of interest is the staff’s request to advertise for Individual Coaching and Training services for a 3-year period.  This is for managers identified as needing improvement in their managerial skills or for those managers requesting the help.  (Agenda Item #26 23-0825)

New Business

• PFAS - Commissioner Davis passed out a graph listing the current action efforts of utility and water member organizations the District financially supports to hold PFAS manufacturers financially responsible for cleanup.  He asked that, as the District approaches renewal of membership dues for the organizations it supports, it considers the legislative efforts expended.
  
• Commissioners Sepulveda and Brown gave a heads up to the Board that they will be putting a motion on the September 21, 2023 agenda to create a separate department for DEIJ [diversity, equity, inclusion, and Justice].    

Observer:  Diane Edmundson                                      
All 9 Members were present – Garcia on Video
No Public Speakers – No Executive Session
Meeting length:  70 minutes