METROPOLITAN WATER RECLAMATION DISTRICT (MWRD) BOARD MEETING
APRIL 4, 2024

Administration:
Commissioner Davis said he would like more time for the Board to internally assess the arrangement allowing the Cook County IIG to serve as the MWRD's IIG. He noted the Inspector General’s role is to investigate waste, fraud and abuse, and while he saw nothing wrong with the current situation, it was important for the Board to fully vet the extension.  The contract expires May 16th. The Commissioner suggested the Board come back to the issue in the next two meetings.  The MWRD has budgeted $600,000 for the service, and the proposed extension is for 1 year.    #14 24-0244

All other items on the agenda were approved without discussion.  Those items included:

Aquatic Invasive/nuisance Species: 
The MWRD allows the US Army Corps of Engineers to use District land on the main channel of the Chicago River near Romeo Road and 135th Street in Will County to operate and maintain barriers designed to keep nuisance species (including giant carp) from traveling further upriver. This partnership was first agreed to in February, 2002.  The Board voted to approve a 2-year extension of that easement agreement, allowing the Corps to continue its work for a nominal fee of $10.  #24 24-0245

PFAS:
The Board agreed to advertise a contract for analysis of Per- and Polyfluoroalkyl substances (PFAS) in wastewater samples.  The estimated cost is $98,000.    #4 24-0236

New Business: The Commissioners amended standing committee Chairpersons and Co-Chairpersons for the remainder of 2024.  (Note: Commissioner Garcia is no longer Co-chair of the Real Estate Committee).   #25 24-0184 and #26 24-0182 

Executive session:  A brief closed session was held after the completion of the consent agenda.   

Meeting length: 47 minutes including executive session.

8 Members present, Commissioner Garcia was absent for the majority of the meeting, but re-joined for the final 10 minutes

Observer:  Laurie Morse                                      

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
​March 18,  2021 

Agenda items:

• Five items were pulled for further discussion though all were finally approved.
• Item #21-0228 was an increase in a contract for security services at Prairie Plan Site. Staff will look into whether security firm could install nature web cams at this site. These live streams are popular with the public for nature viewing.
• Item #21-0229 was a one day permit for the Friends of the Chicago River for clean-up on May 8 at nineteen locations. The debris boat will assist the Friends in the clean-up.

Stormwater Management:

• Item #21-0239 was an Intergovernmental Agreement with Blue Island to build a bioswale and permeable alley on 119th street. This could capture 64,000 gallons of stormwater. Cost will be $250,000.

This was a short meeting with no public comment, no new business, and no commissioner requests. 

Observer - Peggy Kell                                                    Length of meeting - 42 minutes

Metropolitan Water Reclamation District (MWRD) Board Meeting
​November 5, 2020
All Commissioners in attendance 

Approved General Agenda Items

• Agenda Item (1) 20-0968 The MWRD’s annual meeting of December 1, 2020 was rescheduled for December 8, 2020. 
• Agenda Item (57) 20-0958 Commissioners approved the 2019 annual report naming 71 significant industrial users in violation of pretreatment standards or other MWRD pollution-abatement requirements. The 5-page list, which includes names of some of the District’s largest industrial customers, reflects a big increase from previous years (in 2017 and 2018, for example, there were 17 industrial violators).

1.       The big jump in violators inspired spirited questioning by Commissioners Shore, Avila, and     Spyropoulos. Staff described the year-long process the MWRD engages in to bring industrial users into compliance once problems have been identified.  Every effort is made to return the customer to good standing and keep the company’s name off the public list.  
2.          One reason for the increase in 2019 numbers was the U.S. EPA’s 2018 audit of the MWRD’s Industrial Waste Division. EPA encouraged the District to pursue companies polluting at lower levels, but which are, over long periods, continuously out of compliance.
   
3.             In 2019 the MWRD’s Industrial Waste Division was re-organized, so each company now has a specific staff person to communicate with. Users in non-compliance are invited to meetings; compliance milestones are established, and if those milestones are not met within the following year (2020), continuous violators receive a letter in August notifying them that their names will be published by year-end. 
4.                Commissioner Spyropoulos asked the department’s staff about new trends for 2020. Staff said some businesses have shut down, and the District is definitely seeing lower flows, which will reduce industrial user fees. The Stickney plant’s flows are down by one-third this year. 

• ​Agenda Item (20) 20-0894 This item gives the District authority to advertise a $2.7 million contract for heavy equipment with operators. 
• Agenda Item (11) 20-0957 Commissioners approved investment inventories and returns for the third quarter and for August and September.  At the end of September, the District’s 2020 interest income was $6 million less than in the same period in 2019. 
• Agenda Item (69)  20-0942 This item was deferred by Commissioner Garcia at the October 15 meeting, but was approved today.  This ordinance allows the MWRD to enter an agreement with the Village of Niles for an amount not to exceed $2 million, most of which will be paid by the Illinois EPA and is for the design, construction, operation, and maintenance of the Greenwood Stormwater Park.  Commissioner Garcia had deferred this item based on questions about participation goals. He thanked staff for providing the data he requested.

Deferred Items

• Agenda Item (2)  020-014  At the request of Commissioner Shore, this item, which amends the MWRD’s user charge ordinance, was deferred.  The changes include rate increases, allows more commercial customers to submit real estate tax bills for rate abatement, includes a new definition for “facility” and revises the District’s definition of a tax exempt user. All of these changes may result in more revenue for the district. 
• Agenda Item (23) 20-0913  Commissioners Garcia and Spyropolous deferred this item, which is a 3-year contract for legal services related to Worker’s Compensation in an amount of $500,000.  Commissioner Spryropolous questioned whether this amount would be adequate, and asked for data on how many claims could be expected over 3 years.  Commissioner Garcia also asked for more information.
• Agenda Items (38 & 39)  20-0888 and 20-0892 Commissioner Garcia deferred these items –approval of a street sweeping contract, and a contract to rebuild a piece of heavy equipment, until he receives data on participation goals.

New Business

• Vice President Barbara McGowan was congratulated for her induction into the Civil Rights Hall of Fame.
• The Alliance for the Great Lakes was congratulated on its 50th Anniversary.  The organization was founded by Environmentalist Leila (Lee) Botts as the Lake Michigan Federation, changing its name in 2005. Commissioner Davis was the organization’s Executive Director from 1998-2009.

Future Items

• New Commissioner Eira Corral Sepulveda, Village Clerk of Hanover Park, will be seated in December, after being elected as a Board member this month. Commissioners Cameron Davis and Kimberly Neely Dubuclet were both re-elected to full terms.   

Observer:  Laurie Morse                                                                                       Length of Meeting:  2.5 hours

Metropolitan Water Reclamation District (MWRD) Board Meeting 
​October 15, 2020

By deleting one high profile item and deferring two others, Commissioners are increasingly expressing their desire to receive information 2-4 weeks before board meetings on large contracts, ordinance and policy changes, and even some legal settlements.  Comm. Davis suggested that committees be used to vet these requests before bringing them to the board. [See “Deleted/Deferred section].

Approved General Agenda Items

• 20-0876: The staff rejected bids from Odor Control Systems at two Tarp Shafts and the decommissioning of the Thornton Transitional Reservoir because of low bids.  This is second time bids were rejected as too low.  Staff is worried about the safety risks involved if there is a lot of rain.  The staff estimated the costs should be $14.5 to $17.6 million dollars.  Commissioner Spyropoulos said she would have more questions before the contract goes out for bid for the third time.
• 20-0870: The Board approved the District executing an Intergovernmental Agreement to receive $212,000  in Federal Covid-19 funds from the Cook County Bureau of Finance.  Commissioners thanked County Government for sharing these relief funds.
• 20-0845: The Board authorized staff request to advertise for Legal Advisory Services related to the District Financing Program for a period of 5 years at a cost of $235,100.  In approving this request, staff noted that a goal of 30% minority and female participation was set and it will hire five legal firms for each bond sale which increases opportunity for minority and female participation.  Per Commissioners requests, Staff will include participation goals in the RFP for this and other bond sales.

Deleted/Deferred Items

• Deleted:   20-0773 After two previous deferrals, Comm. Garcia asked for the $300,000 contract with Next Generation Technology, Inc. to enhance the District’s new website be rejected.  His concern is with the platform Word Press which is not the platform the District is currently using and is not highly regarded by several of the Commissioners.  In previous deferrals, Comm. Shore said that she was underwhelmed with New Generation’s presentation.  Comm. Garcia wants the new RFP to be tightened to state specifically what the District needs.  Staff indicated New Generation’s does have experience with the District’s platform; and in public comments at the end of the meeting, the Director of Business Development for New Generation confirmed that it did and also stated that Word Press is actually newer than the platform currently in use by the District.  
• Deferred:  #41 20-0880 The Legal Department brought to the board a settlement proposal with Peoples Power and Light and Coke Company which included a 50-year easement for continued operation and maintenance of a natural gas pipeline and remediation of District property in Chicago under an IEPA consent decree.  The concern is the 50 year easement, and would Peoples stretch out the remediation.  Ans:  There is no drop dead settlement date for remediation but the company has agreed to clean up the site to Residential vs Commercial level.  The District set the rent for 28 acres which is 22.5 more acres than Peoples actually needs at a cost of $500,000 per year.  The Legal Staff urged the board to approve this settlement as it has a court date the next week and wanted to bring the settlement to the judge.  During the 2nd comment period, the lawyer for Peoples called in and tried to assure the board by saying that if good weather prevails, the remediation will be done by mid-2021.  However Comm. Spyropoulos did not withdraw the deferral.
• Deferred: #42-20854 [Stormwater Management].  The District requested approval to enter into an Intergovernmental Agreement with the Village of Niles.  The agreement is in the amount not to exceed $2M most of which will be paid by the Illinois EPA and is for the design, construction, operation, and maintenance of the Greenwood Stormwater Park.  Comm. Garcia asked for the deferral based on questions about participation goals.

New Business

• Comm. Morita requested a comprehensive update regarding the District’s role and goal in collaborations with cities or the state for studies on COVID-19 and wastewater.  Comm. Shore requested a memo or briefing to the Board on updates in regards to COVID-19 and fiscal impacts, savings, unexpected costs and employees returning to work.
• Comm. Davis thanked President Steele for considering the League of Women Voters of Cook County’s recommendations on modifying its practice on meeting roll-call votes.  Effective with this board meeting, individual roll-call votes were only taken on agenda items that were removed for discussion.  All non-discussed items were bundled together for a single roll call vote.

Future Items

• Comm. Shore gave a brief update on the District’s Strategic Planning Team’s efforts to date including internal and external surveys, wide and comprehensive outreach, and a Stakeholder’s Workshop on October 22.  Comm. Garcia is co-chairing the planning team with Comm. Shore.
• The 2021 Board Meeting Schedule has been set and posted on the website.

Observer:  Diane Edmundson                                                         Length of Meeting:  2.5 hours

Metropolitan Water Reclamation District (MWRD) Board Meeting
September 17, 2020 
​
Approved General Agenda Items

• 20-0708 A purchase order with Colette Holt & Associations to conduct the District’s Affirmative Action Ordinance Disparity Study that had previously been deferred was approved for an amount not to exceed $341,765.  Comm. Garcia said that he was pleased the study will have an expanded scope.
• 20-0742 Request to decrease the 20-year contract amount with Metropolitan Biosolids Management to design, build, own, finance, operate and maintain a 150 dry tons per day biosolids processing facility at the Stickney plant and to beneficially use the final product for a period of twenty years.  The District isn’t producing the volume expected.  The contract calls for $10 million per year for 20 years starting from 2010 to Metropolitan  Biosolids to produce the final product.

Approved Stormwater Management Items

• 20-0762 The board approved an Intergovernmental Agreement with the Village of Lyons in the amount not to exceed $500,000 for a Green Alleys permeable paver project.  Comm. Garcia asked if the Districts biosolids were used in this type of project.  Answer:  No for alleys and Yes for landscape.  It was noted that Chicago has refused to use biosolids but with a new city person, the District is trying to educate him/her on its value. 
• 20-0763 The District is entering into agreements with municipalities for the use of the District’s GPS units to complete sewer system mapping to help find blockages.
• 20-0749 The District is entering into an agreement for a Stormwater Master Plan for Avalon Park, Englewood, Greater Grand Crossing, and South Shore communities.

Deleted Agenda Items

• 20-0622 The Executive Director requested that this item be deleted without discussion.  It had already been deferred at the September 3rd and August 6th board meetings.  The item asked for authorization to advertise a professional services contract to market EQ Biosolids from the District’s Harlem and Calumet plants.  The September 3rd observer reported that it has been difficult to find sub-contractors that are qualified to sell the biosolids.  
• 20-0659 Authority to rescind a contract for native landscape areas maintenance was deleted at the September 3rd meeting and was not on the September 17 agenda

Deferred Agenda Items

• 020-007 Request to Amend the Resources Recover Ordinance to reduce the tipping fee and increase Breweries’ willingness to sell and haul their waste to the Calumet Plant. Previously the waste was taken to Stickney, but Calumet is in need of the Carbon and Stickney isn’t.  Comm. Morita deferred.  Comm. Davis said he is in favor but would vote “no” because he had previously asked for a 30 day notice for ordinance changes.
• 20-0731 Comm. McGowan asked for deferral to advertise for bids for contracts, legal notices for original entrance and promotional civil service examinations, and other legal notices for a one-year period.  No reason was given.
• 20-0738 Request to advertise for a Management Services Contract to perform real time energy reverse auctions and advisory services.  Comm. Shore deferred as she wants to know how this fits in with the Districts “climate action plan”.
• 20-0744 Request to enter into agreement with AECOM Technical Services for civil consulting support services in an amount not to exceed $1.5 million.  Deferred by Comm. McGowan without discussion.
• 20-0773 Purchase order with Next Generation Technology, Inc. for enhancements to the District’s new website in the amount of $300,000 was deferred by Comm. Garcia.  Comm. Shore said that she found their initial presentation to be “underwhelming”.  This contract with a different vendor was previously deleted by the Executive Director.

Future Items:

• There will be a Study Session scheduled for October 1 at 1:00 to discuss concerns expressed by non-profits regarding how implementation of the District’s new Ethics Ordinance is impacting the non-profit community.  Three speakers using audio technology addressed the virtual board meeting.  Friends of the Chicago River represented two of the three speakers and asked for a moratorium on implementation of the Ordinance until concerns are heard and hopefully resolved.  The Inspector General will attend the study session.  
• Comm. McGowan asked for a report covering Intergovernmental Agreements over the last three years. Report would contain the following information:  1) Total amount paid by MWRD and total amount of the Project; 2) Names of the partners in the agreements; and 3) List participation goals both for the MWRD and the IG partners.  No time frame was given.

Diane Edmundson, Observer                          Meeting Length - 2 hours