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

Metropolitan Water Reclamation District (MWRD) Board Meeting
August 10, 2023

Eight Harvey residents, including Harvey 2nd Ward Alder Colby Chapman, spoke during the public comment period at the beginning of the meeting urging that a proposed stormwater management project be moved.  They had all just learned on July 15 about a proposed retention pond that the MWRD is proposing to build in partnership with the City of Harvey.  Ald. Chapman explained that 31 parcels of land are to be purchased to build that retention pond and a surrounding green area in order to help relieve flooding for 209 homes in the area.  However, at least some of these 31 parcels contain homes in which some of these speakers live, so if the project goes forward, these residents will have to move. The speakers complained about the failure of the City to engage with them early on.  They also said there are many blocks in Harvey with either vacant land or abandoned homes, and the speakers hoped the project could be moved to one of these areas.

This Observer checked, and the MWRD Board authorized the MWRD staff to negotiate and then execute an intergovernmental agreement with the City of Harvey for this project at this location at the February 2, 2023 Board meeting (Item 23-0133).

President Steele promised the speakers that either her office of the Executive Director’s office would arrange a meeting with the speakers, Alder Chapman, the Mayor of Harvey and the MWRD to discuss the project.  

Item Deferred:

• Comm Brown deferred the proposal to appoint David Ormsby, Inc. as a Public Relations Consultant for the MWRD for a one-year period for an amount not to exceed $48,000.  Comm. Spyropoulos said she thinks the contract should be bid out.  Comm. Davis said that while he thinks the MWRD does need public relations assistance, he is not clear as to how the operations will benefit from the contract as worded.  Commissioners Flynn and Garcia both expressed support for going forward.  (Agenda item #2, 23-0801.)

Other Items Discussed and then Approved:

• Two items dealt with the termination of a lease agreement with the U.S. Navy for 2 parcels of land by the North Shore Channel and then a sale of that land, along with 2 other parcels to the City of Chicago on the basis that the MWRD has no need for that land.  The City apparently plans to use the land for housing for asylum seekers.  The City shall pay the MWRD $1.5 M.  Comm. Davis suggested using part of the proceeds for its Pension Fund.  (Agenda items 75 & 76, 23-0798 and 23-0799)
• At the last meeting, Comm. Corral Sepulveda had deferred a proposal to advertise a contract for a consultant to design, create and implement a Small Business Enterprise (“SBE”) program.  This program is the result of the Disparity Study in 2022 which led the Board to support creation of such a program to allow smaller contracts to be available for bidding by SBEs as prime contractors. (Agenda #15, 23-0688)
• In response to a question from Comm. Corral Sepulveda, Executive Director Perkovich said that the proposal to advertise for sign language services for 3 years starting Jan. 1, 2024 for an estimated cost of $225,000 was for an employee who needed such services.  However, Mr. Perkovich said the contract would also cover sign language services in languages, other than English, in case they were needed.  (Agenda #24, 23-0736)
• Comm. Corral Sepulveda pointed out that the MWRD struck a low bid for small streams maintenance because of the failure of the bidder to submit a signed subcontractor’s letter of intent from the Women-owned Business Enterprise as required.  The difference in bids was about $600,000.  (Agenda #49, 23-0738) The entire procurement process, including situations like this, was to be discussed in the afternoon study session.
• Comm. Corral Sepulveda had deferred from the last meeting a purchase order to increase a contract for Interpersonal Frequency LLC by $100,000 (a 33% increase) to deal with change orders for the final design, review, development and launch for the District’s new web site.  The Commissioner asked for a roll call vote on this item because she was not pleased with the process here, including the fact that some of the material in response to her questions was redacted.  Comm. Davis asked for reassurance that the launch would be completed by the end of the year, and he got it from the head of Public Affairs.  This item passed on a vote of 8 to 1, with Comm. Corral Sepulveda voting no.  (Agenda #51, 23-0651) 

Except for the one deferral, all other items on the Agenda were approved, including 3 stormwater management items.  (Agenda items 77, 78, and 79, 23-0760, 23-0761, and 23-0762)

New Business:

• President Steele announced that the MWRD had received several awards from the National Association of Clean Water Agencies and extended its streak of 100% for meeting standards for discharges.  She also noted that the MWRD had received another patent related to removing dissolved solids.
• Comm. Brown congratulated the staff for the MWRD keeping its AAA rating after review by Fisk.
• Comm. Davis noted that August 26 is Women’s Equality Day, recognizing the anniversary of the effectiveness of the 19th Amendment which gave women the right to vote.  He also called out the League of Women Voters for their efforts in educating all voters.

Observer:  Priscilla Mims

 Metropolitan Water Reclamation District (MWRD) Board Meeting  
 July 13, 2023

Newly appointed Commissioner Precious Brady-Davis was welcomed to the Board

Public Comments

• UIC Professor Rachel Haverlock reported on a recent study conducted with MWRD staff on reusing industrial effluent.    The report proposes that whenever there is a new approval for Lake Michigan water to be sent to a new area, that infrastructure be built to pipe industrial grade water from a MWRD facility to the area for industrial use.    This would save drinking water for domestic use.   The report is available on the Great Cities Institute website, https://greatcities.uic.edu
• Gerado Nava of a political action committee representing Cicero and Berwyn discussed the impact on the towns from the recent floods and the need for  immediate aid, but also better infrastructure planning in the area.  President Steele responded that the MWRD has been meeting with officials of the towns and will be working not only on immediate help but also infrastructure that would help.
• President Steele asked Director Perkovich to  report on what the MWRD did during the recent heavy rains.    He reviewed the need for opening outlets because the McCook Quarry was 90% full.    

Board Action

• Item 10 23-0627 Authorization for payment to the Lower DesPlaines Watershed Group for Fiscal Year 2023 Membership Dues in an amount not to exceed $125,903.69, Commissioner Garcia asked that the Board be given a report of what the various groups that the MWRD belongs to, and pays dues to, are doing about flooding.
• Item 39 23-0699 Authority to award Contract 11-187-3F, Addison Creek Channel Improvements, SSA to Judlau Contracting, Inc., in an amount not to exceed $77,297,500.00,plus a five (5) percent allowance for change orders in an amount of $3,864,875.00, for a total amount not to exceed $81,162,375.00, Commissioner Davis questioned what controls the MWRD had on cost and schedule overruns on the project.  On schedule delays, how is the critical work prioritized.   Since the contract is for a large amount of money, delays could result in significant costs.  Director Perkovich and Dr. O’Connor discussed the contract change order process.   On average, the MWRD encounters less than 5% on cost overruns and less than 20% on schedule delays.  The item was initially deferred as Commissioner Davis asked for more specifics on how overruns would be monitored.   He met with Director Perkovich and Dr. O’Connor during the break and they agreed to a monthly report to the Board on all overruns.  The item was then approved.

Deferred Items

• Item 20 23-0688 Authority to advertise Contract 23-RFP-07 Small Business Program, estimated cost $75,000.00. Commissioner Corral Sepulveda asked to see the draft language for the RFP.
• 41 23-0651 Authority to increase purchase order and amend agreement with Interpersonal Frequency LLC, for Contract 21-RFP-07, Enhancements to the District’s New Website in an amount of $100,150.00, from an amount of $299,950.00 to an amount not to exceed $400,100.00. Commission Corral Sepulveda had questions about this item and needed to talk to staff.
• 42 23-0657 Authority to increase purchase order to Load Spring Solutions, Inc. for Web Hosting and Support of Oracle Primavera Software, in an amount of $8,889.00, from an amount of $78,225.00, to an amount not to exceed $87,114.00. Commission Corral Sepulveda had questions about this item and needed to talk to staff.

New Business

• Item 55  23-0687  Appointment of Sean Kelly to Director of IT.  Mr. Thaddeus J. Kosowski was appointed as the new HR Director. President Steele requested Mr. Kelly to implement a process of text messages for overflow action days.

There was an Executive Session.

​Observer:   Kathleen Graffam

Metropolitan Water Reclamation District (MWRD) Board Meeting
June 1, 2023

Authority to enter into thirteen [13] intergovernmental agreements with local communities for flood control was approved at this board meeting ranging in cost from $207,000 to $1 million dollars.  An additional two were approved including:  
(a)  Authority to negotiation agreements to assist various local municipalities with the condition assessment and the rehabilitation of sanitary sewers; and
(b) Authority to negotiate with the Forest Preserve District of Cook County for a multi-benefit Flood Control Project located between the village of Glenwood and the Village of Ford Heights.

In addition, eight (8) Furnish and Deliver contracts were approved two of which included Affirmation Action goals. Until the December 2022 update of the District's Affirmation Action Plan (AAP), Furnish and Deliver contracts were excluded from AAP goals.

With the exception of Item #24-0526 for landscape work which was deleted by the Executive Director without discussion, all agenda items were approved including the three items that were deferred at the May 18, 2023 meeting.  Several new items include:

• #9 23-0520.  Authorization to almost double the cost estimate for a project at the Stickney Plant prompted Commissioner Garcia to ask how many other government agencies include cost estimates in their bidding process.  Staff said only Chicago, and it is anticipating a discussion at the upcoming Procurement Study Session as Staff would like to start excluding a cost estimate in  RFPs. 
• #13 23-0459.  A purchase order and agreement with Deloitte prompted Garcia to repeat a request made in May that staff send a letter to contractors outlining the District’s new bidding policy.  This is one of the items that was deferred at the May 18 board meeting.  The goal is to allow for more bidders to qualify thru cross-certification with other government bodies such as the city and county.
• #15 23-0475. A purchase order and agreement with Princeton University for greenhouse gas monitoring and quantification at the MWRD facilities.  This item had also been deferred in May.
• #33 23-0555.  Authority to enter into a 50-year lease with the Chicago Board of Education for the nominal fee of $10, for the use of District real estate to include the development of a new soccer field for Northside College Preparatory High School.  Commissioner Davis requested that the staff extend its best effort to include a condition that the artificial turf used for the soccer field does not contact PFAS chemicals. 

No Exec. Session                     Absent:  Commissioner Sepulveda

Observer: Diane Edmundson

Metropolitan Water Reclamation District (MWRD) Board Meeting
January 5, 2023

MWRD Commissioners elected

• Kari K. Steele for another term as President of the Board
• Kimberly Neely Du Buclet as Vice President, and
• Marcelino Garcia for another term as Finance Chair

They also postponed until the next meeting on January 19 the appointment of Chairs and Vice Chairs of the standing Committees.

Other Board Action:

• Passed a resolution to acknowledge and review studies regarding disparities affecting Middle Eastern or North African (MENA) people.  Currently MENA people are not a protected class under affirmative action or otherwise recognized as a category by the U.S. Census Board.  During discussion it came out that the City of Chicago is doing such a study and, once it was finished, the MWRD would review it and consider whether it should take any action to deal with any identified disparities of this group.  (Agenda #5, File # 23-0043).  One of the public speakers of the Arab American Association on behalf of the MENA Community thanked the MWRD for this resolution.
• Passed all other items on the agenda except for one item deferred and the other item deleted as described below.
• With regard to one Stormwater Management item (Agenda #35, File # 23-0015), the authority to enter into an intergovernmental agreement with the Chicago Board of Education to install green infrastructure at 24 schools, Comm. Spyropoulos asked where the staff was with creating a similar program for the suburban schools.  Executive Director Perkovich stated that the memo was being finished and should be brought to the Board soon.

Item Deferred:

• A purchase order for EMS PRISM Compliance Softward License Renewal.  Comm. Garcia said he had questions about whether PRISM was the right program to use.  He asked for deferral to allow the Executive Director time to provide a memo answering the Commissioner’s questions.  (Agenda #17, File # 23-0017)

Item Deleted by the Executive Director:

• Purchase orders to enter into agreements with 4 different entities for State Legislative Consulting Services.  (Agenda #22, File #23-0038)

Observer:  Priscilla Mims

Metropolitan Water Reclamation District Board Meeting
June 16, 2022

All items on the agenda were approved. Items of note are as follows:

• Jodi Dobson, Partner at Tilly Baker gave a positive presentation to the Board on the Report on the 2021 Annual Comprehensive Financial Reports of the Metropolitan Water Reclamation District of Greater Chicago and the Metropolitan Reclamation District Retiree Healthcare Trust. (Agenda Item #6, 22-0572)
• Authority to award a contract to Joel Kennedy Constructing Corp for the north side sludge pipeline replacement not to exceed $27.1 million. (Agenda Item #25, 22-0539). This item was deferred from the June 2, 2022, Board Meeting. Discussion follows.

Procurement Item Discussed:
 The Commissioners spent most of the meeting discussing this item. (Agenda Item#25, 22-0539) Commissioner Cam Davis stated that he had questions about responsible bidders.   Commissioner Davis is concerned as to whether this company can be a responsible bidder after the accusations from the City of Chicago of fraudulent billing and other issues. Commissioner Davis questioned Inspector General Patrick Blanchard on responsible bidders and whether there was justification for finding the contractor not a responsible bidder. Inspector General Blanchard stated that they did a thorough investigation, and it was determined that the Contractor was not a responsible bidder for City of Chicago. Commissioner Davis wanted to know if the Contractor could be a responsible bidder for MWRD but was told MWRD would have to determine this. Blanchard recognized that this was a difficult task. Commissioner Garcia as did other commissioners, wanted to be reassured that the bidding process was a fair and good process. He asked the Dir. Of Procurement, Legal Counsel and Dir. Of Engineering to answer. They stated that there are criteria that needs to be followed to procure a contract. They also reassured the Board that with all contracts they carefully follow the procedure before awarding contracts. Kennedy Contractors were the lowest bidder, and it was a fair and legitimate bid. The following were suggestions by Commissioners:

• Commissioner Garcia requested staff to consider expanding on the monitoring of contracts
• Commissioner Davis requested estimates on staff time to monitor contracts
• Commissioner McGowen requested the Lowest Responsible Bidder section (11.11) of the district’s code to be distributed to the Board.

There was no mention at this meeting of a study session planned to review the Procurement Policy. After much discussion Commissioner Davis asked for a roll count vote for this item. The vote was taken and there were 5 yes, 3 no and 1 present. This item was approved. 

Miscellaneous and New Business:

• Commissioner Eira Corral-Sepulveda joined the meeting by remote as she is representing the MWRD in Thailand at the Water and Waste Management Conference.
• On July 14 there will be a study session on Affirmative Action Policy/Disparity.
• Land Use and Climate Change Study session has not been scheduled but the Commissioners believe it will be held in August or September.

Observer: Nancy Marcus