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 
August 5, 2021

The meeting was held in person with COVID-19 precautions such as a mask requirement, socially distance and limited seating. 6 out of the nine commissioners were present. Commissioners Davis, Sepulveda and Morita were absent. There was one speaker, Kelley Gendurski, Deputy Manager City of Evanston. She spoke in favor of the lease agreement between the City of Evanston and the MWRD to allow public parking and tailgating along the North shore Channel during Northwestern University home football games. 

Agenda Items grouped for discussion and approved:
The following items were grouped into one discussion by the Board.

1. #10 21-0686 authorization to execute a bond purchase agreement for Professional Underwriting Services for District Bond sales in a title amount not to exceed $250,000.00 in the connection with sales of up to $500,000,000 of General Obligation Capital Improvement and Refunding Bonds of the MWRD.
2. #11 21-0688  authorization to enter into agreements for Financial Advisory Services related to District Financing Program, appointing Acacia Financial Group, Inc. as financial advisors, and Columbia Capital Management LLC, as co-financial advisor in total amount not to exceed $120,000.00 in connection with the sale of up to a total of $ 500,000,000 of General Obligation Capital Improvement and Refunding Bonds. 
3. #12 21-0696 authorization to amend Board Order of April 15, 2021, regarding authority to issue purchase order to enter into an agreement for contract 20-RFP-29 Bond Counsel Services for General Obligation Capital Improvement  Bonds for a 5-year period in amount to not exceed $244,719.00. 

It was stated that this is a  good time to enter into these agreements due to low interest rates, funds are needed to pay off debts, but the Board needs more information as to the cost to taxpayers. Updates will be coming to the Board.

Agenda Items that were pulled for discussion and approved:

• #15 21-0647 Authority to advertise Contract 21-RPF-22 Professional services to develop Conceptual Plans for Achieving Energy Neutrality at MWRD District of Grater Chicago, estimated cost $1,100,000.00. The importance of this contract is significant; and not only should they look into Energy Neutrality, but Carbon Neutrality as well.  A portion of this Study should also go to greenhouse gas reduction of the MWRD including cost and benefits. In the past there was a study conducted to determine if the MWRD could reach Energy and Carbon Neutrality by 2023. It was suggested that they revisit this study and provide a copy of the study to possible bidders to see if it would still be useful and could be used as a starting point to develop a new plan. Copies of the study will be sent to Commissioners.
• #22 21-0666 authority to advertise Contract 19-159-3P Chemical Addition Backup system for Stickney Water Reclamation Plant estimated cost between $8.105.172.00 and $9,811,524.00. This is a large contract. Phosphorus is normally removed from biosolids by a biological process.  Chemicals are used as a supplemental backup if biological process fails, and phosphorus levels are too high.  Unfortunately, if necessary to lower phosphorus levels by using chemicals the phosphorus cannot be used again for purposes such as plant fertilizers.  It was suggested that they look into possibly finding ways to limit phosphorus at the source instead of at the plant.  
• #52 21-0707 Authority to amend a lease agreement dated October 14, 1966, as amended between the District and City of Evanston on approximately 92 acres of the district land located in Evanston to be used for parking and tailgating during the Northwestern University Home Football games. Consideration shall be 25% of the annual gross revenues generated by such use with a minimum fee of $80.000.00 per season. All Commissioners supported this project however there was discussion as to some of the Commissioners believing that there was a change in Land Use Policy.   It was thought that since this is a Public Recreational Event that payment should be 25% of the net revenue. However, they are being charged 25% of the gross revenue.  It was explained that this really is a private event and not technically open to the public.  This item was passed but thought that it was not handled well and there should be more discussion in the future about this policy.  FYI, the Deputy Manager of Evanston spoke at the beginning of the meeting and Evanston was fine with the contract. 

Stormwater Management:

• #29 21-0709 Authority to advertise Contract 21-RFP-18 Market Research and Analysis estimate cost $125,000.00. The Commissioners would like more details as to what staff believes are their strategic communication needs.  Some suggestions are 1. Communicate how responsibility of stormwater management are shared with District and municipalities. 2. Debunk the myth that there is a man with a magical valve that controls local stormwater drainage. 3. Communicate the importance of not using impermeable surfaces for driveways, paths, etc. It was suggested that a survey be created to communicate with local municipalities and organizations that work with the MWRD and whether their needs are being met. 

Deferred or Deleted Items:

• Item #43 21-0687 Authority to decrease Contract 20-632-11 Furnishing and Delivering Sodium Hypochlorite to Alexander Chemical Corporation, in the amount of $2,842,800.41 from amount of $4,093,794 to an amount not to exceed $1,250,993.74 was deleted by the Executive director, Brian Perkovich.

Resolution of Interest:
The MWRD passed a Resolution congratulating Matthew B. DeLeon on his retirement. 

Observer - Nancy Marcus              
 Meeting Length: Total of 4 hours with a 2- hour Executive Session sandwiched in the middle

Metropolitan Water reclamation District (MWRD) Board Meeting
July 15, 2021
The meeting was held by videoconference.  The next board meeting, August 5, will be held in-person in the first floor Board Room at district headquarters.

Agenda Items
The following two agenda items, deferred from the 6/17/21 board meeting were approved:

• #9  21-0508  Authorization to amend the scope of work per Diversity Administration review and re-advertise the contract 15-266-4H5 Decommissioning of the Thornton Transitional reservoir. The Thornton Quarry contains this temporary reservoir. 
• #12  21-0515  Authority to advertise Contract 21-416-11 regarding services to the main office building complex  after review by Diversity Administration.

Several items were pulled from the Agenda for discussion and approved.

• #11  21-21-0635  Authorization  to pay annual membership dues to the U.S. Water Alliance, a nonprofit  organization that advances policies and programs that build a sustainable water future for all by bringing together diverse stakeholders to find common ground solutions to the nation's most pressing water challenges. 
• #42  21-0569  Decrease Contract 98-RFP-10 in the amount of $2,291,737.50.  The original contract was for production of 50,000 dry tons/day of biosolids (nutrient rich organic materials resulting from treatment of domestic sewage sold as natural fertilizer) at the Stickney Water Reclamation Plant.  Over the past years the pelletizer units' average production using indirect drying technology has been in the range of 40,000 dry tons/day of pellets.   It was suggested to schedule a study session once the "Master Plan for Biosolids" is complete.
• #51  21-0612  Authority to commence statutory procedures to lease 9.3+ acres of District real estate located south of the Main Channel and west of Central Ave in Forest View, IL.  Lakeshore Recycling Systems has expressed interest in leasing this land, although there will be a public open competitive bidding process.  Throughout the process there will be public engagement in hearings.  In the public comment, the Forest View Village Administrator supported Lakeshore Recycling Systems interest.

Stormwater agenda items approved:

• #53  21-0575  Intergovernmental agreement (IGA) with Oak Park for the Lemoyne Parkway Relief Sewer
• #54 21-0623 Negotiate IGAs for acquisition of flood-prone properties in Lyons, Northlake, Willow Springs, and Winnetka.
• #55  21-0627  Negotiate with the Village of Flossmoor for Berry Lane Stormwater Improvements.
• #56 21-0628  Authority to assist various municipalities with Local Stormwater Partnership Projects. At this time the topic of Disproportionately Impacted Areas (DIAs) came up on how MWRD could  generate greater interest in DIAs partnering with MWRD for stormwater projects.  MWRD's goal is making Cook County flood resilient but realizes some areas of Chicago and South Suburbs have flooding issues needing stormwater projects.  Suggestions were to better understand barriers that DIAs have in applying to MWRD for partnerships and providing assistance to them such as cost sharing, technical assistance, attention to equity for those most in need and engagement of commissioners for community outreach.  MWRD does have ongoing public outreach programs through Stormwater Management- this past year they have been virtual.

Deleted Items

•  Agenda Item #13  21-0560,  the purpose of which is to qualify electricity suppliers so that they could participate in a reverse auction (after a request to buy electricity, suppliers place bids for the price they are willing to sell their electricity, the lowest price gets the contract:  i.e. reverse).  This item was deleted to remove the contract extension wording before consideration.

New business:

• MWRD has received certification  for its first Monarch butterfly waystation at the Stickney Water Reclamation Plant and are looking at adding more waystations.  MWRD is partnered with the IL Monarch Project. Native plants such as Milkweed have extensive root systems that can help reduce flooding as well as providing food and habitat for Monarch butterflies.  Almost 3,000 people have taken the Save the Monarch pledge on MWRD's website and MWRD has distributed over 6,000 complimentary milkweed seed packets.

Observed by Michele Niccolai                                                                              Meeting length:  2.5 hours

Metropolitan Water Reclamation District (MWRD) Board Meeting
June 17, 2021

The MWRD Board agenda began at 10:30.  All commissioners were eventually present. 
There were no public speakers.   Auditors presented their findings for the MWRD and the MWRD Retiree Health Care Trust financial statements for 2020.  There are no material weaknesses, and the MWRD is in stable financial condition.
Commissioners asked for a number of items to be discussed, but in the end, there were two significant discussions:

• Item 21-0494 was singled out by several commissioners, having to do with annual dues membership to Current Innovation, NFP.  Com. Garcia wondered if the MWRD was getting much from the membership.  Com. Shore explained the background of MWRD’s relationship to Current Innovation:  There is no economic development department at the MWRD to attract businesses and organizations that highly value clean water, and that this group was recommended by World Business Chicago, as a combination of academia, business contacts, and venture capital to be able to provide the MWRD the ability to attract the attention of water-oriented businesses.  Coms. Garcia and Pres. Steele appreciated the history but asked Exec. Dir. Perkovich to report results from the membership in the next year.
• Item 21-0508 is a fifth attempt at issuing a contract to decommission the Thornton Provisional Reservoir, in critical use from 2003 to 2015 until the Composite Reservoir came on line.  No contractors bid on the project when it was put out to bid four times before.  This contract should cost between $21 Million and $25.4 Million.    The scope has been limited now to decommission after a “plug” will be put in the tunnel connecting the transitional reservoir with the Composite.  The Transitional holds 3.6 billion gallons of water while the new Composite holds 7.9 billion gallons.  The worst rain event occurred in 2008 when 9.5 inches fell in one day, and the Transitional was filled to capacity.  Since then neither has been filled.  Dr. Katherine O’Connor in Engineering reported the MWRD is using updated rainfall estimates and has calculated they do not need the temporary reservoir.  It rained 3 inches in 15 minutes in South Holland July 29, 2016, and the reservoir did not fill but residents had extensive flooding.  This point to the need for remediation more locally like bioswales and disconnected downspouts from the combined sewer.  The combined sewer pipes are not wide enough to carry all the water to the reservoir.  This item is deferred.   
  

Other discussed items follow:

• Item 21-0515 was deferred by request of Com. McGowan to research more about minority contracting within the nearly $5 Million mechanical contract over three years.
• Item 21-0549 refers to pre-employment psychological testing for police candidates.  Com. Spyropoulos suggested the MWRD research economies of scale with other city and county agencies performing the same testing.
• Item 21-0545 refers to Green Alley Reconstruction in Westchester for $675 K.  Coms. McGowan, Garcia and Corral-Sepulveda were interested in minority contracting with the Village of Westchester.  

All items were passed with the exception of the two deferred contracts.
Amy Little - Observer            

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

Public Comments
All the public comments concerned these two agenda items:

• Agenda Item 43#21-0357  Termination of annex agreement with Elk Gove Village
• Agenda Item 44#21-0358  Policy adoption on limits on municipalities’ actions following an annexation of MWRD land.   If the municipality then annexed land adjacent to the MWRD land, it could not condemn those properties for three years. 

Seven residents  that lived near the MWRD land  that was subject to the annexation   by Elk Grove Village spoke against the proposed policy of the MWRD to prohibit condemnation of annexed property for only three years. They were concerned that once the MWRD land was annexed, Elk Grove Village would then try to annex their area.  The lawyer for Elk Gove said the  village was able to acquire the needed land and no longer wanted to annex the MWRD land.  The policy consideration was withdrawn at the beginning of the meeting by Executive Director Perkovich.  During the meeting, the Board approved the termination of the annex agreement.

Agenda Items
Commissioners pulled 10 agenda items for discussion.  Once discussed, all items were returned to the agenda and approved.

• Agenda Item 10 #21-0356  Treasurer Boyle spoke to this item that would allow the MWRD to participate in the federal-state Clean Water State Revolving Fund (CWSRF) program. It  would provide up to $100,000,000 in low-cost financing for local projects.  They are reviewing which projects would be eligible for this grant.
• Agenda Item 36 #21-0331 Authority to increase the contract for reuse of biosolids.  This is an ongoing multiyear contract with Stewart Spreading, Inc.   Commissioner Spryopoulos asked that a more detailed report be given at a future meeting for the specific amounts last year, this year, and future projections. 

Administrative

• Executive Director Perkovich deleted Agenda Item 44 #21-0358 Authority to adopt a policy relating to requests submitted by municipalities on annexation of unincorporated District land. The policy would limit a municipality’s ability to pursue involuntary annexations of private property contiguous to District land.

Stormwater Management

• Agenda Item 45 #21-0254 Authority to enter into an intergovernmental agreement with the Village of East Dundee to allow East Dundee to enforce the Kane County Stormwater Management Ordinance.   This item was deferred from the April 1 meeting.  There was no discussion.
• Agenda item 46 #21-21-0342  Authority to enter into an intergovernmental agreement with the village of LaGrange Park for construction of a permeable pavement reconstruction not to exceed $272,000.
• Agenda Item 48 #21-0344 Approval of an intergovernmental agreement with Park Ridge to help with flooding problems.  A stormwater capture facility will be built.  MWRD’s payment not to exceed $950,000.

New Business

• President Steele announced that the public relations department created an animated video of the book, Where Does It Go.   It will be available on the web site.
• Commissioner Morita announced that MWRD materials are being translated into Chinese.

​Observer - Kathleen Graffam                                             Length of meeting  1 hour 45 minutes

Metropolitan Water Reclamation District (MWRD) Board Meeting 
April 1, 2021 

Board Action
Agenda Items: Commissioners pulled 10 agenda items for discussion.  Once discussed, all but item #34 were returned to the agenda and approved.  

Administrative:
Executive Director (ED) Brian Perkovich deleted item 32 (21-0300). 

• This item was the subject of 3 public comments at the start of the meeting.  Homeowners in the Ropolo subdivision asked Commissioners to vote in favor of Item 32 and end an annexation agreement between Elk Grove Village and the MWRD that would have allowed the Village to use MWRD land to “take our homes.” The annexation involved about 41 acres of MWRD land near the Majewski Reservoir. 
• Language in item 32 required the District in future annexation agreements to limit a municipality’s ability to pursue involuntary annexations of private property contiguous to District land.
• ​ED Perkovich deleted the item prior to public comments, apparently because a letter from an attorney representing the homeowners noted item 32 was not sufficient to meet a court order that required both the termination of the annexation agreement and a disconnection of the private properties from the Village.  

Affirmative Action Goals

• Most of the discussion in this meeting revolved around item 33 (21-0253) with Commissioners asking how MWRD affirmative action goals are enforced in project partnerships.  The MWRD often enters into intergovernmental partnerships to complete infrastructure projects.  
• Item 33 authorized $3 million payment to the Village of Mount Prospect to design, construct, and operate the Aspen Trails’ storm sewer and reservoir project. The Village was unwilling to apply affirmative action goals to the entire project, reportedly because specialized equipment was involved that was difficult to source from minority or women-owned firms.
• Commissioner Corral Sepulveda asked staff if the MWRD requires documentation of good faith efforts to apply the goals in these cases. Director of Engineering, Dr. O’Connor, said no.
• Commissioner Corral Sepulveda noted the Board was about to receive the 2021 disparity study, and asked staff and fellow Commissioners for suggestions on how the District can strengthen affirmative action goals in its intergovernmental agreements.
• ​Commissioner Garcia agreed hiring goals in partnership agreements should be stronger. 
• Commissioner McGowan said “We have a lot of these partnerships.  I’d like to know who the PCE’s (minority contractors) are who are hired, along with the dollar amount they received.   We need to keep up with all of this.  It’s quite a lot of money.”
• ​Commissioners requested a memo from staff showing all partners of intergovernmental agreements, with dollar amounts provided by each partner; identifying the contractors and minority contractors hired and how much each were paid. Commissioners want data to give them a sense of what dollars the MWRD, and its partners, are allocating to minority contractors.  Executive Director Perkovich agreed to provide the memo. 

Stormwater Management

• Item 34 (21-0254) was deferred by commissioner Shore to allow staff time to determine if the MWRD’s stormwater watershed management ordinance was more or less stringent than the one in Kane County.   Item 34 would have allowed the Village of East Dundee to enforce the Kane County ordinance in portions of Cook County.

Executive Session:

• The Board meeting opened at 10:30 am.  At 11:45 the meeting was closed for the purpose of discussing collective bargaining agreements.  The meeting was reconvened at 12:45 pm. 

Observer - Laurie Morse                     Length of Meeting: 3 hours including a one hour executive session