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

Metropolitan Water Reclamation District (MWRD) Board Meeting  
June 4, 2020 

The nine Metropolitan Water Reclamation District’s Board members participated in an audio/visual board meeting that included input from public speakers via phone hookup.

Agenda Items -  The Board approved all consent agenda items.  The four below are included here either because of the size of the contract, interest of the Board, or interest of the Observer. 

• Agenda Item 20-0444 Authorization to amend the agreement with The Gordian Group, Inc., for professional services for the development and implementation of the Job Order Contracting System, for a one-year period, in an amount not to exceed $78,000.00.  Commissioner McGowan inquired about the fees concerning this company, and staff answered that the $78,000 is the maximum contracted payout and included the per assignment fee. 
• Agenda Item 20-0445 Authorization to increase Contract 17-942-11, Job Order Contracting Services, with McDonagh Demolition, Inc., for an additional twelve month period (first term), in an amount not to exceed $4,000,000.00, from $8,000,000.00 to $12,000,000.  A Presumptive Ethnicity Summary Report was attached. 
• Agenda Item 20-0437 Authorization to increase Contract 13-806-2S Television Inspection and Recording of Sewers and Manholes at Various Locations to National Power Rodding in an amount of $180,000.00, from an amount of $1,944,450.00, to an amount not to exceed $2,124,450.00. 
• Agenda Item 20-0440 Authorization to extend until July 31, 2020, the terms of the collective bargaining agreements between the Metropolitan Water Reclamation District of Greater Chicago and the unions representing MWRD workers. 

Stormwater Management

• Agenda Item 20-0446   Authorization to enter into an Intergovernmental Agreement with and make payment to the Village of Forest Park for the design, construction, operation and maintenance of the Storm Sewers Connection to Existing Des Plaines River Outfall in Forest Park, SSA (18-IGA-21), in an amount not to exceed $1,955,206.00

Deferred or Deleted Items - None

New Business

• Commissioner Avila commented on Covid-19's impact on declining revenues, the need to reduce future expenditures while ensuring the health and safety of employees. 
• Commissioner Shore commented on MWRD's Covid-19 response in providing essential services without interruption while protecting the health and safety of its employees.  Since MWRD's Covid-19 Response Plan will guide the district through the remainder of the crisis, Commissioner Shore requested the Board hold a study session to review this plan and the District’s Return to Work Plan.
• President Steele said her office will check with the staff as to their readiness and with the board for their availability.

Commissioner Requests

• Commissioner Davis asked for a report on the District’s plans for Bond Issuance, which he said, typically occurs every 3 years.  Staff answered that it is currently evaluating two RFP’s for a bond underwriter and a financial advisor.
  
• Commissioner McGowan asked for the total amount paid to the Gordian Group for its services over the last two years. [20-0444].

Observer:  Michele Niccolai                                             Meeting length: one hour

Metropolitan Water Reclamation District (MWRD) Board Meeting
May 21, 2020                      

Nine Board members participated in the virtual meeting, and 3 public speakers, 2 representing Northwestern University, 1 from Friends of the Chicago River, and 1 from GTM Strategies participated by audio hookup .

Decisions

• Agenda Item #48 20-0427    Authorized report on feasibility of partnering with suburban school districts on green infrastructure. Commissioner McGowan requested that the project be broken into three geographic areas to ensure diversification.    Approved unanimously.      Report due May 31, 2021.

The following agenda items, deferred from the May 7, 2020 Board Meeting, were approved unanimously: 

• Agenda Item # 1 20-003  Authority to amend the sunset provision of the Affirmative Action Ordinance to extend the expiration date until the end of 2021.  
• Agenda Item # 6 20-0342 Authorization to extend the agreement with Ace Coffee Bar, Inc. (Re-Bid) to provide vending machine at various locations for an additional 6 month period. 
• Agenda Item #19  20-0287 Issue purchase order and enter into agreement with the University of Illinois at Urbana-Champaign to analyze root causes of flooding in Lower Salt Creek and Addison Creek River Basins in connection with ongoing litigation entitled Hampton v. MWRD, Case No. 2011 CH 25822, and Jacklin v. MWRD, Case No. 2011 CH 25985 in an amount not to exceed $230,000.00,   
• Agenda Item #20  20-0288 Issue purchase order and enter into agreement with Marcelo H. Garcia, PhD in connection with ongoing litigation entitled Hampton v. MWRD, Case No. 2011 CH 25822, and Jacklin v. MWRD, Case No. 2011  CH 25985 in an amount not to exceed $30,000.00,
• Agenda Item #27 20-0282 Authority to award contract for manhole and infrastructure repairs to Sumit Construction Co. Commissioner Garcia expressed his approval that the MWRD is awarding this contract to a minority company and that minority participation is higher than the goal.  
• Agenda Item #29 20-0261 Authority to increase purchase order to AT&T Corporation, to furnish and deliver two new PRI Telecommunication lines in an amount of $22,089.12, from an amount of $28,972.80 to an  amount not to exceed $51,061.92.

The following deferred agenda items, after discussion, were unanimously deleted:

• Agenda Item #21 20-0302 Issue purchase order for a Compensation and Benefits Study by MGT of America Consulting. Commissioner Garcia stated that it would be appropriate to defer the HR study until after the conclusion of the current pandemic.  
• Agenda Item #39 20-0264    Authority to issue a 5-year permit to Northwestern University to allow parking and tailgating activities during home football games on North Shore Channel  in Evanston.   In deference to the Evanston City Council, which has not yet considered the issue, the Commissioners were not willing to go ahead with the authorization.  

All other items deferred from the May 7, 2020 Board Meeting were unanimously approved.

The following Stormwater Management  proposals were approved unanimously:

• Agenda Item #45 20-0413 Authority to enter into an Intergovernmental Agreement with and make payment to the Village of Broadview for the construction, operation, and maintenance of the Green Alley Improvements project in  the Village of Broadview, Illinois in an amount not to exceed $448,000.00, 
• Agenda Item #46 20-0416 Authority to negotiate Intergovernmental Agreements to assist various local municipalities and   townships with Local Stormwater Partnership Projects
• Agenda Item #47 20-0417  Authority to enter into an Intergovernmental Agreement with and make payment to the Village of  Harwood Heights for the construction, operation, and maintenance of the Harwood Heights Green Alleys Project in the Village of Harwood Heights, Illinois in an amount not to exceed $353,203.00,

All other agenda items were approved.  Among the significant decisions: 

• Agenda Item #16 20-0399 Authority to advertise a contract for furnishing and delivering rock salt to various service areas. Commissioners  Garcia and Spyropoulos had questions regarding whether the salt used was as environmentally appropriate as possible and whether there was a stockpile remaining from last winter.  Executive Director Perkovich answered  affirmatively.
• Agenda Item #18 20-0424 Authority to advertise a contract for installation of mechanical mixers at the Stickney Water Reclamation Plant. Commissioner Avila commended the staff for its forward thinking in putting together this proposal.
• Agenda Item #4 20-0389 Authority to add project to furnish and deliver a lathe and accessories to the O’Brien Water Reclamation Plant, to the Construction Fund, estimated cost of the project is $170,000.00.
• Agenda Item #8 20-0421 Authorization to execute settlement agreement for Streambank Stabilization on Oak Lawn Creek, to Judlau Contracting Inc. in an amount of $773,500.00, from an amount of $3,079,848.82, to an amount not to exceed $3,853,348.82. 
• Agenda Item #30 20-0364 Authority to increase purchase order and amend the agreement with V3 Companies of Illinois, Ltd. for professional engineering services for contract for Melvina Ditch Reservoir Improvements in Burbank, Illinois in an amount of $41,250.00 from an amount of $1,321,477.00, to an amount not to exceed $1,362,727.00 
• Agenda Item #31 20-0402 Authority to increase the contract to furnish, deliver and install boiler controls at the Stickney Water Reclamation Plant, to M.G. Electric Service Company, in an amount of $153,932.00, from an amount of $1,345,208.00, to an amount not to exceed $1,499,140.00, 
• Agenda Item #32 20-0418 Authority to increase purchase order and amend the agreement with ARCADIS, U.S., Inc., for professional services in connection with the Stormwater Master Plan for the Little Calumet River/Cal-Sag Channel Drainage Area in an amount of $4,690.25, from an amount of $923,479.50, to an amount not to exceed $928,169.75.

Commissioner Requests:
            1.  Commissioner Spyropoulos requested a snapshot of the Cash Disbursements for April, 2020.
      2. Commissioner Davis requested a statistical report of the recent storm event showing quantity of                 water discharged.
            3. Barbara J. McGowan requested a report on how the masks the District received were distributed.        
​
Observed by:  Ann Bolan                                      Meeting Length:  1 and 1/2 hours

Metropolitan Water Reclamation District Board Meeting 
​May 7, 2020        

Nine Board members participated in this virtual meeting, and three public speakers participated by audio hookup.  Two of the speakers supported the new Watershed Management Ordinance (WMO) and the third speaker represented Northwestern University in Evanston concerning Agenda Item #52 (see below).

Board Action and Discussion:

• Agenda Item #1, 20-0004.  Approved.  The Board unanimously approved the amended Watershed Management Ordinance [WMO] and thanked organizations such as the Nature Conservancy and the Metropolitan Planning Council for their participation on the Stormwater Planning Council and the Council’s contributions to the WMO.  A regional stormwater control credit trading pilot will be introduced for the Little Calumet and Des Plains Watersheds. The goal is to use this market based tool to ensure the watersheds are safer and more resilient to heavy storms.  
• Agenda Item #12, 20-0344.  Approved.  Authority to decrease the cost estimate for a repair and rehabilitation contract for the Majewski Reservoir in Des Plaines.  Asked why more money is needed as $6 million was authorized in 2014, staff responded that the work that was done in 2014 covered a little more than half of the Reservoir.  This contract is for the rest of the Reservoir.  Staff noted that the Majewski takes on water about six times a year and is inspected regularly.  
• Agenda Item #14, 20-0229.  Approved.  Authority to advertise a pavement contract prompted a Commissioner’s query about using green infrastructure for this type of contract.  Staff answered that for new pavement contracts, green infrastructure is used.  For repairs, it is used when possible and practical.  
• ​Agenda Item #38, 20-0369.  Approved.  Authority to issue a purchase order for Telephone and Software updates prompted a discussion on use of thumb drives – Is it best practice from a safety perspective.   Staff believes that it is safe and will provide more information via a memo rather than in this public meeting.
• Agenda Item #48, 20-0330.  Approved.  Authority to decrease a purchase order with the Chicago Public Schools led to a discussion on the District’s Space to Grow Program.  With COVID-19 and school closings, a question was raised about expenditures at this time.  Staff answered that school closing makes it easier and quicker to complete the 4 projects planned for this year, which brings the total to 34 schools.  
• Agenda Item #58, 20-0332.  Approved.  Staff asked for authority to negotiate intergovernmental agreements with the City of Chicago’s Park District.  Commission DuBuclet said the goal is to improve stormwater amenities in the Park District and staff added that the agreement can provide leverage for flood reduction and possible neighborhood revitalization.  

Requests

1. Commissioner Shore asked Staff to study the Governor’s COVID-19 transition plan and provide guidance to the Commissioners.  
2. Commission Spyropoulos asked staff to look into providing either a bonus, hazard pay, or perhaps a day off for workers going into the plants.  McGowan asked that this consideration be extended to workers going to the downtown office.
3. Commission Avila stated he has concerns about 2020 finances due to COVID-19 and cautioned the board to be conservative in developing the 2021 budget.
4. Commissioner Davis strongly urged the board not to consider using TIF funds to augment COVID-19 budget deficits – but to continue to reserve TIF monies to reduce Pension debt obligations.  He asked colleagues to join him in identifying expense reductions.
5. Commissioner Davis said he is working on a Space to Grow amendment and invited the commissioners to provide input on an expansion of the program.  He will offer his amendment at the May 21 meeting.  
6. Commissioner McGowan requested a Study Session in early June to discuss the Affirmative Action Amendment and the 4 points raised by Garcia in his deferment of Agenda Item #2. (see below)

Deferred Items

• Agenda Item #2, 20-0003.  Authority to amend the Affirmative Action Ordinance expiration date to December 31. 2021.  Commission Garcia troubled by an extension to December 2021.  Wants to act sooner.  
• Agenda Item #11, 20-0342.  Authority to extend vending machine contract.  Commissioner Garcia wants to discuss the food service operations in the District.
• Agenda Items #13,15,21,24,31,43.  Each of these items are contracts where Commissioners Garcia and McGovern asked for more details on participation goals and if other agency lists of available contractors were reviewed.
• Agenda Item #32, 20-0288.  Commissioner Garcia deferred a settlement agreement with Marcelo H. Garcia, Ph.D. in connection with a litigation case.  No discussion held.
• Agenda Item #33, 20-0302.  Second deferral requested by Garcia.  Board received information one day before meeting.  Subject:  Agreement for a Compensation and Benefits Study.
• Agenda Item #47. 20-0261. Garcia troubled that a contract increase with AT&T is being requested just six months after signing the original purchase order.
• Agenda Item #52, 20-0264.  Authority to issue a 5-year permit to Northwestern University to allow parking and tailgating activities during home games on several parcels along the North Shore Channel, for a fee of $80,000.   Davis deferred and asked for estimated costs to MWRD to provide long-term maintenance.

Observed by:  Dianne Schmidt                      Meeting Length:  3 hours