Metropolitan Water Reclamation District (MWRD) Board Meeting
​September 15, 2022

President Steele began the meeting by reading a statement requesting that the Executive Director  pause the free EQ Biosolid distribution program.   She stated that she believed the MWRD is following the EPA rules regarding PFAS but wants this pause to ensure that the District remains compliant, environmentally friendly, and mindful of public concern.  (See second item under new business.)
Two agenda items were pulled for discussion:

• Authority to advertise Contract 22-483-11 to provide co-location services for District infrastructure, estimated cost $300,000. Commissioner McGowan asked for further information about why it is a co-location service.   The contract is for a service that will house some of the Districts IT equipment, providing proper environment and for moving the equipment.  The provider has other clients in the same location.   Commissioner McGowan also asked about the affirmative action requirements for contracts.     It was not included because moving IT equipment is a very specialized service. (Agenda Item #11-22-0801)
• Authority to issue a five-year permit to the U.S. Dept of Agriculture to access MWRD land to study Canada Geese and prevent their interference with air traffic at Midway Airport.  The nominal fee is $10.   Commissioner Spryopoulos asked for more information on what are the challenges in this process and what methods the USDA will use in controlling the geese.  A report will be provided to the Board. (Agenda Item #34-22-0831)

All 39 agenda items were approved.

Stormwater Management:

• Authority to amend an Intergovernmental agreement with the Berwyn Park District for the construction, operation and maintenance of a green infrastructure project in Berwyn. (Agenda Item #39-22-0837)

New Business

• President Steele announced that the MWRD employees were collecting donations for bottled water for the Village of Dixmoor while its water system is being repaired
• Commissioner Davis requested that an item be put into the budget to fund measuring PFAS chemicals at the source.
• Commissioner Davis asked Executive Director Perkovich to explore how the MWRD can use funding provided by the Federal Infrastructure Act  to reduce its carbon footprint.  Mr. Perkovich will report next month on taking advantage of the funding.
• Commissioner Corral-Sepulveda thanked the MWRD staff that helped with the Monarch Butterfly event at a Berwyn park.

Observer:  Kathi Graffam         Length of meeting: 1 hour 15 minutes          No Executive Session was Held

Metropolitan Water Reclamation District (MWRD) Board Meeting
August 11, 2022

Board Action of Note:

• Item 31. # 22-0657 The Board awarded a $16.356 million contract to IHC Construction Companies for work at the District’s Chemical Phosphorus Removal Facility, Calumet Water Reclamation Plant. The information provided did not specify if the work was for expansion, re-design, or repairs.
• Item 33. # 22-0687 Commissioner Spyropoulos pulled this $12.3 million repair and alterations item from the agenda for discussion, then returned it for board approval.  This was a new version of the contract, divided into groups, and she asked about the differences.  Executive Director Perkovich explained the groupings were based on geography.  The Board agreed to award Independent Mechanical Industries, Inc. all three sections of the contract.
• Item 49. # 22-0721 The Public will be interested to know the MWRD continues its cooperation with the City of Chicago’s Department of Public Health that began as a result of COVID.  The Board approved permits for the Health Department to continue accessing the District’s sewer systems in Chicago to install and maintain sampling devices as part of its wastewater surveillance project for pathogens of public health concern. 

Stormwater Management

• Item 10. #22-0678   The Board approved an amendment to a June 2, 2022 approval to increase funding to $5.2 million dollars for a contract being advertised for Small Streams Maintenance in Cook County. The District is tasked with clearing debris and windfalls from the County’s small streams to prevent flooding.
• Item 14. #22-0673 The Board also granted authority to advertise a contract in an amount ranging between $57.1 million and $69.1 million for Addison Creek Channel Improvements; an on-going project of the District.

New Business

• Commissioners congratulated the MWRD Public Affairs Office for winning an award for the District’s children’s book, “Where Does It Go?” published in 2021.

Commissioner Requests

• Item 9. #22-0625 The Board authorized payment of its $100,000 annual membership dues to Current Innovation, a not-for-profit organization co-founded by the District. Current Innovation conducts water-related programs and research, and promotes public involvement in water issues. Commissioner Garcia pulled this item for discussion and then returned it to the agenda.  The Commissioner praised the organization, then noted the MWRD cannot provide grants to communities. He asked Executive Director Perkovich to explore the possibility of the District paying participation fees to communities and community organizations engaged in efforts relating to the District’s goals.  The Executive Director agreed to explore this idea and report back to the Board.  

Executive Session:

• Yes, the bulk of the meeting was an executive session to discuss closed meeting minutes.

Observer - Laurie Morse           

Metropolitan Water Reclamation District Board Meeting
June 2, 2022

MWRD Commissioners had questions on several procurement items on the agenda which led Commissioner Morita to opine that a study session needed to be held on Procurement, adding to the study sessions already identified as being needed for Affirmative Action Policy/Disparity Study (scheduled for July 14), Land Use Policy, and Climate Change.  Commissioner Morita and President Steel again urged that the Commissioners find times on their calendars for these study sessions.

All items on the agenda, including the extension of the existing MWRD Affirmative Action Policy from June 30 to December 31, 2022, were approved, except for Item 27, 22-0539, which was deferred and is described immediately below.

Procurement Items Discussed:

• An awarding of a contract for north side sludge pipeline replacement for $27.1 million was deferred by Comm. Davis because of his concerns as to whether the company is a “responsible bidder” because Chicago has an outstanding legal action alleging the company falsified documents.  This led to a conversation of what is asked of bidders, including whether they are asked about any outstanding legal actions against them.  The Board was told that the MWRD does not ask that normally, though in this case, because it involved grant money, the grant form included that question.  And the company did disclose the Chicago lawsuit.  The Executive Director also said that the accusation involved claiming that all employees involved lived in Cook County (which they did not) which took place in 2015.  The other issue here was the fact that the MWRD estimate was 33% lower than the bids.  Comm. Garcia and Comm. Davis both have concerns that providing the estimate to bidders may cause the bids to come in higher than they otherwise would.  The Procurement Director thinks making the estimates public is useful because of the complications resulting from so much of the work at the MWRD being underground.  Near the end of the conversation, the Procurement Director said that a state statute applies which sets out what is a “responsible bidder.”  (Item 27, 22-0539)
• Comm. Davis expressed concern that suppliers may think that the MWRD will not pursue breaches of contract with regard to a furnish and deliver contract for Calcium Nitrate.  In this case, the low bid was rejected because the supplier would not agree to hold the price beyond one year for this 2-year contract.  Executive Director Perkovich assured the Board that the MWRD will hold the supplier who won the bid responsible and the contract is clear that the price is for 2 years.    (Item 19, 22-0511)

​Stormwater Management Items

• Comm. Davis commended the Executive Director and staff for working with the Cook County Forest Preserve District in connection with a request for authority to amend a Memorandum of Understanding to extend it for one year to allow time to negotiate a new intergovernmental agreement with the Forest Preserve that would be more comprehensive and facilitate more partnerships between the entities on flood control and green infrastructure projects.  (Item 35, 22-0530)
• In connection with the intergovernmental agreement with the Village of Lyons for acquisition of flood-prone properties, with the MWRD to pay up to $3 million, it was explained that the MWRD has a sliding scale of what it is willing to contribute to local governments, based on the average income.  (Item 37, 22-0533)
• Intergovernmental agreement with the Village of Winnetka for a wetland and park storage project, with the MWRD to contribute up to $500,000.  (Item 36, 22-0532)
• Intergovernmental agreement with the City of Des Plaines for a pervious concrete alley improvement project, with the MWRD to pay up to $139,000.

Other Item Discussed:

• Comm. Davis applauded the Executive Director and Staff for pursuing a lawsuit against a company for unlawful discharges which led to a Settlement that was before the Board for approval.  There was also some discussion as to why the MWRD did not initially seek the maximum penalties.  It was explained that the company did acknowledge the discharges and did take some action during the period, just not fast enough.  (Item 31, 22-0537)

New Business:

• Friends of the Chicago River gave the MWRD a Green Ribbon Award for the Natalie Creek Flood Control Project which protects 237 structures and residents in Midlothian and Oak Forest.  This award recognizes projects that demonstrate a high level of river-sensitive design and consideration.  See https://mwrd.org/natalie-creek-flood-control for more information about the project.

Observer:  Priscilla Mims

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