Metropolitan Water Reclamation District (MWRD) Board Meeting
April 21, 2022

At the prior meeting, Commissioners said a study session on a comprehensive study on the MWRD’s land use is needed in order to evaluate some proposals for leasing MWRD parcels.  At this meeting, the need for a study session on and a supplement to the Disparity Study was highlighted, and a proposed amendment to the Affirmative Action Ordinance was deferred.  President Steele ended the meeting urging Commissioners to coordinate their calendars so separate study sessions on each could be held very soon.

Proposed amendment to the Affirmative Action Ordinance to revise Appendix D to prohibit a prime contractor from utilizing its status as a Minority-owned Business Enterprise (MBE), Woman-owned Business Enterprise (WBE), or Small Business Enterprise (SBE) toward fulfillment of participation goals.  (Item 1, O22-006) 

• Many of the MWRD’s contracts call for stated percentages of MBE/WBE/SBE participation in the work done under the contract.  Currently, if the winner of the contract as the prime contractor is also one or more of these entities, that prime contractor’s status can be counted toward fulfillment of the required percentages.
• 4 speakers, 3 of whom represented associations of MBE/WBE/SBE entities, all expressed grave concerns and/or outright opposition to the proposed change.  As they explained, if an MBE, WBE, or SBE wins the contract as a prime contractor, there may not be other such entities which can perform part of the work.  One of the woman speakers owns a trucking firm, and said that she would not be able to find another woman-owned trucking firm to fulfill the WBE goal that would be set under the contract, so she needs to be able to count her business as meeting the goal. 3 of the speakers asked that the item be held until the Disparity Study was completed and made public.
• Comm. Garcia asked whether Collette Holt, the outside consultant who took the lead on the Disparity Study, has reviewed the proposed amendment.  Dr. Regina Berry, the Diversity Officer, said that Ms. Holt had reviewed this and did opine there were alternatives to achieving the goals of this amendment, though no specifics were given. 
• Comm. Garcia asked for a report from Ms. Holt based on Dr. Berry’s answer, and also asked for a supplement to the Disparity Study, which has obviously been circulated to the Commissioners, regarding LGBTQ and people with disabilities, as well as reviewing whether to expand the Affirmative Action goals to include furnish and deliver contracts (currently exempt).
• While there was discussion about deleting the item so it could potentially be revised and resubmitted at a future meeting, Comm. Morita requested deferral instead, which means it would come back to the Board without any changes.

Deferred or deleted items:

• Comm. Corral Sepulveda questioned the proposal to seek bids for two contracts of $8 million each to provide services as needed for construction or repair of District infrastructure for 3 years starting on Sept. 1, 2022.  A similar proposal for a single contract of $8 million for 2 years had come before the Board on Feb. 17, when the Commissioners asked that it be revised so more vendors could be involved.  Under this proposal, the contract was split between District property on the north and south side, allowing two different vendors to win the prime contract.  However, Comm. Corral Sepulveda said that she would like the contract to be further divided in order to be able to attract MBE/WBE/SBE entities, which often find access to capital to be one of their greatest barriers.  Comm. Garcia’s motion to delete this item passed.  (Item 11, 22-0378)
• Comm. Spyropoulos questioned why a bidding process to furnish and deliver sodium hypochlorite, a disinfectant, had a contract term of only 6 months.  Exec.Dir. Perkovich explained that vendors had told the MWRD that the price for such product is so volatile now that vendors would not be willing to lock in a price for a longer term.  This item was deferred.  (Item 15, 22-0397)
• Also deferred at the request of Comm. Spyropoulos was a proposal to seek bids to provide legal services for bankruptcy and collection matters for 2 years starting on Jan. 1, 2023.  

Also discussed:

• Proposed contract with ComPsych Behavioral Health Corp to provide telephonic counseling, tele-behavioral health services, and up to 8 face-to-face counseling sessions per employee for a 5-year period starting July 1, 2022.  Comm Davis thanked the staff for negotiating this because after the last several years, this service for employees was particularly needed.  A similar service has been provided, and data shows significant usage by employees over the first 3 quarters of 2021. (Item 19, 22-0373)

Stormwater Management Items passed:

• Authority to award a contract for a diversion channel for a flood control project on Midlothian Creek in Robbin for an amount up to $10 million (including a 5% allowance for change orders).  (Item 25, 22-0381)
• Authority to negotiate an agreement with Lyons Township and the Illinois Department of Transportation in connection with a flood control project along the Plainfield Road Corridor. (Item 33, 22-0395)
• Authority to amend an agreement with the Village of Western Springs for storm sewers and outfall to Flagg Creek in Western Springs.  (Item 34, 22-0394)
• Authority to negotiate an agreement with Maine Township, Maine Township Road District, and City of Park Ridge for a flood control project on Farmers and Prairie Creeks.  (Item 35, 22-0395)

Observer:  Priscilla Mims

METROPOLITAN WATER RECLAMATION DISTRICT BOARD MEETING
January 20, 2022 - 10:30 a.m.

The Board meeting was routine, with little discussion. Items of interest involved stormwater and flood control, contract settlements and public comments centering on the ongoing claim of an injured MWRD employee. 

Agenda Items:

• The MWRD Board of Commissioners acknowledged the 130th anniversary of the International Brotherhood of Electrical Workers (IBEW). (Agenda Item 22-0050).
• The Board unanimously granted authority to approve the following agreements between the MWRD and 

1.     a. Local 399 (AFL-CIO)  - (Agenda Item 22-0074)
2.     b. SEIU Local 1 - (Agenda Item 22-0075) 
3.     c. Local 9 EITM-  (Agenda Item 22-0077)
4.     d. Local 9 Electrical Operators- (Agenda Item 22-0078)
5.     e. Local 9 Motor Vehicle Dispatchers- (Agenda Item 22-0079)

Stormwater Management:

• $50 million was transferred from the Stormwater Management Working Cash Fund to finance the   Stormwater Management Fund operations for 2022.
• A report was submitted on the Green Infrastructure Detention & Compensatory Storage Volumes required by the Watershed Management Ordinance.
• Board granted authority to negotiate an intergovernmental agreement with Northfield & Maine Townships for Flood Control Project on Central Road. (Agenda Item 22-0059)
• Board granted authority for an intergovernmental agreement with Calumet Park for South Throop Flood Project in the amount not to exceed $750,000 Agenda Item (22-0057) 
• Granted Flood Control Project with the Village of Lansing in the amount not to exceed $1,600.000. (Agenda Item 22-0057)

New Business:

• Commissioner McGowan was lauded for her work in organizing the annual African-American History Month for the MWRD. The Commissioner will retire from the Board after 31 years of service.
• Commissioner Davis thanked the staff for their work on the Covid vaccination policy and on reaching resolution of contract negotiations.
• Several commissioners strongly urged a timely and fair resolution to a worker’s injury claim stemming from an explosion in 2018. President Steele charged E.D. Perkovich to keep the Board advised. Commissioner Corral Sepulveda was disturbed that the union and the employee’s family had to resort to using the public comment period to push for resolution of the claim. Perkovich assured the Board he would keep them apprised.

Meeting was adjourned unanimously by a roll call vote at 12:08 p.m.

Note: Placement of Executive Session remained unchanged between the Committee of the Whole and the business meeting. There was no executive session at the Jan. 20 meeting.

​Observer:  Georgia Gebhardt

Metropolitan Water Reclamation District (MWRD) Board Meeting
January 6, 2022

Board Action: 
The MWRD Board singled out four items for discussion: 

• the 2022 Legislative Program  
• translation expenses
• IGA with the Village of Glenview.
• the expenses under $9900

All roll call votes passed unanimously.

2022 Legislative Program: (Agenda Item #21-22-0013)

• Commissioner Davis expressed concern with the program on two fronts. 1) Commissioners submitted sixteen items and only one was included; 2) Timing was a problem. Commissioners did not see the memo until hours before the December adjournment. He said he needed assurance that this would change to at least two months to discuss.  Executive Director Perkovich stated that the timeline could be adjusted. 
• Commissioner Spyropoulos expressed a need for more research on pension bonds. President Steele said the Board might need a study session on this topic.
• Commissioner Corral Sepulveda questioned legal aspects of communicating notifications such as late filing fees, expressing confidence in the traditional method of communicating via certified mail rather than email. The Executive Director said that users preferred the electronic opt-in because of its convenience. 
• Office of Independent Inspector General (IIG): Several Commissioners questioned why the MWRD would need to have their own IG when the current partnership with the Cook County IIG was working so smoothly. Mr. Perkovich said using the Cook County IIG is going well, however, the proposed legislation  would allow another option for the MWRD to have their own IIG. The current agreement with Cook County expires this year. President Steele stated that the MWRD initially did not have the authority to establish an IIG, but that they should have the option to do this.
• Several commissioners supported Commissioner Davis’s call for more in depth discussions on the legislative program. They called for regular updates from the MWRD staff in Springfield. Mr. Perkovich committed to these updates. He also stated that the legislative information had been sent out in September.
• Commissioner Sepulveda asked how the Board could be sure that their messaging was consistent when they lobbied representatives in the General Assembly. Mr. O’Connor, the team legislative leader, said he would issue a weekly email to be sure the commissioners were well informed.

Translation Expenses (Agenda Item #18-22-0015)

• Commissioners requested more detailed information on translation increases.
• The Executive Director explained they are expanding dissemination of information to more groups. Currently, information is sent in Spanish, Polish, Chinese, and English.
• Commissioner Garcia commended the outreach and asked staff to expand to Arabic as well

Storm Water Management: 
IGA with the Village of Glenview for flood abatement: (Agenda Item #22-22-0007)

• Commissioner McGowan expressed concern about the MWRD’s reimbursement process, considering that the Village of Glenview does not have its own diversity program.
• The staff reassured her that funds would only be transferred after Glenview had demonstrated compliance. The affirmative action department pays in increments and no funds are disbursed unless the goals are met. Dr. Barry of the diversity department monitors this. 

Deferred or deleted items:  None

New business: 

• The MWRD Board of Commissioners welcomed Chakena D. Perry, the commissioner appointed by Governor Pritzer to fill the vacancy left by Debra Shore. Commissioner Perry was formerly a staff member for Commissioner Morita, a former Deputy Press Secretary for Chicago Public Schools, and one of Chicago Scholars “35 under 35.” She earned a BA in history at Connecticut College and is currently a candidate for an MA in public policy from the Harris School of Policy at the University of Chicago. 

Observer - Georgia Gebhardt

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

Board Action:

• Of the 40 agenda items, six were pulled for discussion:  Among them was a request to advertise for contract farming at the Hanover Park plant.  The purpose of the farming is to allow for continued disposal of MWRD created biosolids on the land.  By planting corn, the nutrients from the biosolids are absorbed, thereby allowing for continued disposal. Cost of contract to the MWRD is estimated at $628.4 thousand. Commissioner Spyropoulos requested a deferral and asked for a report to include the history of the property, how the growing process came about, and what other options including planting tree samplings can be grown.  Commissioners’ Garcia and Morita respectively asked for a status report of the biosolid project and a list of other options for this land including cost.  (Agenda Item #11 21-1114)
• Another land use issue was the request to advertise for bids on a 5-year lease on 3.78+ acres of vacant district property in Forest View.  Initial rental bid set at $155,000.  This is the 2nd time this request has been on the agenda; and after initially deferring at this meeting, Commissioner McGowan lifted the deferral.  The property would be paved over for truck parking because, according to staff, it is not suitable for recreation due to its location.  Commissioner Davis said that the Land Use Policies need to be looked at and applied to this type of property.  Commissioner Garcia, Chair of the Land Use Committee, noted that 80% of MWRD land is already in conservancy and that the adjacent canal was created for business. He said that the committee and staff are working on a draft of two polities on Land Use and expects there will be a Study Session in January 2022.   (Agenda Item #14  21-1135)
• After receiving a report of the significant violations of pretreatment standards or other requirements by industrial users, Commissioner Spyropoulos asked if there is a public list of non-compliant businesses and was told that the staff would provide a list.  She noted that in 2019 there were 61 on the list and in 2020, 66.  The 2021 data should be available by mid-year 2022.  The EPA has said that the MWRD needs to be tougher on industrial users who are non-compliant.  (Agenda Item #36  21-1106)

Stormwater Management

• The Board approved an intergovernmental agreement with and to make payment to the city of Prospect Heights to acquire flood-prone property in an amount not to exceed $376,000.  (Agenda Item #40 21-1142)

New Business

• Commissioner Davis noted that the last Inspector General’s report noted significant cost overruns.  Davis said that the board regularly receives change orders with more than 5% cost overruns and 20% delays. He said he will be monitoring future requests.
• The Board approved a motion to authorize Juneteenth as a District Holiday.
  
• The Board also authorized the extension of the sunset provision of the Affirmative Action Ordinance to be moved from December 31, 2021 to June 30, 2022 to accommodate the yet to be received new Disparity Study.

Board Requests

• Commissioner DuBuclet requested a list of Media vendors used by the District to advertise.  
• Commissioner Spyropoulos requested staff provide a memo on the District’s process and violators for the last five years and also include what other agencies are doing in this regard.  

After Meeting Public Hearing on the 2022 Budget

• Commissioner Davis said that the Budget is a statement of values and asked that a dashboard on budget progress towards climate change goals be created and an Environmental Justice Office be created within the agency.   He also asked that the Space to Grow Project be expanded to include the suburbs of which there are 120+ in Cook County.  His third request for future budgets is the hiring of an attorney reporting directly to the board.
• There was only one public Speaker, Mr. Michael Archie.  He said that the board, based on its current trajectory, cannot reach its goal of energy neutrality by 2023.  He said the technology is out there to meet it by 2030-35, but the District has to embrace the technology.

Observer:  Diane Edmundson

Metropolitan Water Reclamation District (MWRD) Board Meeting
November 4, 2021 

The majority of the one hour board meeting was devoted to the Commissioners asking Staff questions about what criteria is used to award inter-government agreements to assist local municipalities and other governmental organizations with green infrastructure projects.  Commissioners learned that the staff is now ranking requests based on the amount of water captured, the median income of the area covered, and the structures protected to determine the most productive contracts.    The board then gave staff the authority to negotiate these agreements. Stormwater Mgmt.  21-1034.

Board Action: 

• Several of the 48 agenda items were pulled for discussion, but none were deferred or deleted. 
  
• Final approval was given to amend the Rules of the Board of Commissioners to allow board members to attend executive sessions remotely after the Covid state of emergency has passed as long as an in-person quorum has been met.  (Agenda Item 21-0128).
• Six bond issuances were approved totaling just over $1 billion dollars.
• MWRD’s agreement with the CC Sheriff’s office to support its Prescription Drug Take-Back Program was extended another year.  MWRD will contribute $80,000. (Agenda Item 21.-1014).

Stormwater Management

• Approval was given to amend a 2020 intergovernmental agreement with the City of Des Plaines for the acquisition of flood-prone properties in an amount not to exceed $10 million. Previously, an acquisition amount was not specified. (Agenda Item 21-1035)

Special requests

• Comm. Mariyana Spyropoulos requested a discussion with the CC Sheriff’s Office to include Sundays in their Prescription Drug Take-Back Program schedule.
• Comm. Barbara McGowan followed up on her previous request for a list of partnership contracts that includes the dollar amount the District paid, the names of the contractors, and the dollar amount each received.

Observer - Diane Edmundson

Metropolitan Water Reclamation District (MWRD) Board Meeting
October 21, 2021 

Commissioner Debra Shore said good-bye to fellow commissioners, staff and the public, thanking them for their work and support, and noting she and her colleagues strove to improve the quality of lives for all residents.  Saying that as an environmental activist, her landing on the MWRD Board was “improbable” and that it was equally improbable “to be leaving here as I am.” President Biden appointed Ms. Shore as Regional Administrator for Region 5 of the U.S. Environmental Protection Agency, where she has already begun work. 
Ms. Shore quoted from President John F. Kennedy’s “Strategy of Peace” Commencement Address to American University in 1963:  “If we cannot end now our differences, at least we can help make the world safe for diversity.”

Public Comment
Diane Edmundson, League of Women Voters of Cook County Board Member,  addressed the board, requesting the Agency restructure its Board Meetings so executive sessions are held at the end of the board meeting prior to adjournment.  Ms. Edmundson said this change would allow more efficient use of staff and observer time, and generally help the Public.

• Commissioner Shore asked staff to come up with proposals to accommodate the League’s concerns, and Commissioner Morita was supportive, asking staff if there were any reasons why the change couldn’t be made. 
• Commissioner Corrall Sepulveda called on her previous role as Clerk for the Village of Hanover Park, and said having executive sessions at the end of public meetings was considered “best practice” and “seen as a way to make meetings more accessible to everyone.”
• Commission DuBuclet also asked if there was a legal reason not to make the change. President Steele asked staff to circulate a memo written two years ago on this issue. 
• Vice President McGowan asked staff and Board members if they had received comments from others about this issue. 
• It was agreed the board would return to the issue after new Commissioners read the subject memo.

Board Action 

• The Board heard Dr. Catherine O’Connor read the proposal to sell $575 million in general obligation bonds to fund District capital projects.  The Board voted in favor by acclamation, with all but Commissioner Davis present.   (Agenda Item 21-0962)
• Three items passed as part of the consent agenda with limited discussion. They grant the MWRD authority to advertise $13 million worth of janitorial; trucking; and facilities work. The three items included a $2 million contract for janitorial services at the Erie Street headquarters (deferred from the Oct. 7 meeting); $6.5 million in truck hauling of bio solids; and Drop Shaft Modifications and Collection Facilities work for $4.5 million.  (Agenda Items 21-0879 (18), #21-0937 (19), #21-0942 (20).
• The board also approved, as part of the consent agenda, a contract change order for biosolids handling. The change will pay Steward Spreading $14,137,905 for the work, instead of the previously agreed $12,937,905; an increase of $1.2 million. (Agenda Item 21-0936 (31).
• The Board continued its debate over board rule revisions that might allow Commissioners to attend Executive Sessions remotely (so long as an in-person quorum has been met) after the Covid state of emergency has passed.  Commissioner Corral Sepulveda made a series of motions and amendments, with the initial motion agreed upon unanimously, and the amendments passing without the support of President Steele or Vice President McGowan.  (Agenda Items 21-0923 (46), 21-0923A, 21-0923B)

Stormwater Management

• The Board agreed to assist the City of Northlake in the amount of $600,000, for the purpose of acquiring flood-prone properties in that community.  (Agenda Item 21-0947 (47)

Special requests

• Commissioner Shore asked Staff to provide proposals to accommodate the League’s request to move Executive Sessions from the middle to the end of the board meetings [but before the board adjourns].
• President Steele requested staff to circulate a memo on Board executive sessions.
• Commissioner Garcia asked staff if there was anything the MWRD could do to assist with the drinking water crisis in Dixmore and Harvey.

Observed by Laurie Morse