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

Board Action

• The 2023 budget of $1,624 Billion with 1957 FTEs was approved with no discussion.  The number of FTEs was a reduction from 1972 FTEs in the 2022 Budget with most of those reductions at the Stickney plant.  
• Also approved without discussion were amendments to the Sewage and Waste Control Ordinance. The primary changes were to replace the term Standard Methods with US-EPA Approved Methods; and to increase and simplify the Noncompliance Enforcement Charges Table which has not been changed since 2012.    (Agenda Item #IW22-001A)
• Resolutions calling for the payment of 2023 dues to the U.S. Water Alliance and the Water Research Foundation were approved after twice being deferred by Commissioner Davis over his concern that these two organizations were not being sufficiently pro-active in lobbying for legislation and regulation holding PFAS chemical manufacturers responsible for cleanup and removal.  (Agenda Items #22-1190 & 1191).   Note:  The 3M Corporation recently announced that they will eliminate the production of PFAS chemicals by 2025.

Stormwater Management

• Blue Island Washington Street Flood Control purchase order previously approved was rescinded.  The staff expects to resubmit with Blue Island and MWRD sharing the costs.  #22-1129.
• Additionally, ten other inter-government projects were approved without discussion most for either green alley or permeable pavement contracts.
• Two end of year reports were accepted:  Prioritized Projects covering 2022 and into 2023; Future projects to be considered; and a map showing the locations.  #22-1148.

Commissioner Requests

• Commissioner Sepulveda asked for a list of projects that were not accepted for consideration under #22-1148.
• Commissioner Davis asked that the recent PSAS Board Directions be transmitted to both the U.S. Water Alliance and the Water Research Foundation and the “Polluter Pay Principle” applied to these two and any other Water organization membership that the MWRD has.  Commissioner Sepulveda asked for quarterly reports on these requests; a list of MWRD activities on this issue, and a list of the organizations’ activities.  She also requested a list of committees with whom our staff is in conversation.
• Commissioner Garcia asked if there is an increase in participation goals when change orders increase by significant dollars including those contracts where change orders take them from under to over the $100,000 floor.
• Commissioner Garcia asked for a Study Session on Procurement.  He listed several issues to explore.  The League will monitor this request.
• Commissioner Sepulveda attended an EPA meeting on the Robbins water problems and suggested that when projects are considered for water main replacements, the MWRD also look at whether the sewers should be replaced at the same time so as to perhaps qualify for some state and federal monies.

Board Attendees:  Davis, DuBuclet, Flynn, Garcia, Pogorzelski, Sepulveda, Steele, Spyropoulos
Absent:   Yumeka Brown                                                                 

​Observer:  Diane Edmundson                                Length of Bd meeting: 75 min.

Metropolitan Water Reclamation District (MWRD) Board Meeting
​November 3, 2022  

Three Water Associations’ membership renewals that were deferred from the October 22nd Board meeting were again deferred after extensive discussion prompted by Commissioner Davis’ statement that he would vote NO on all three.  His statement represents his strong viewpoint that State and National Water trade associations should better represent water utilities by adopting the “polluter pay principle” in their legislative agendas.  In particular, PFAS, which are considered a forever toxin, need to be identified and stopped at their manufacturing source.  
Executive Director Perkovich noted that he is in regular conversation with these trade organizations but that the issues are complicated.  The very robust discussion that ensued involved all nine commissioners and led to requests for more specific information about what the Trade Associations are doing to lobby for PFAS removal and what resources would be lost if membership was dropped.  They also asked the District to develop a strategy for how best to proceed.  Davis wants the District to push the Trade Associations to take more responsibility for helping utilities protect water effluents in addition to limiting member’s legal liability.  Several commissioners stated that they want to continue membership but work with staff and the District’s state and federal lobbyists.  Items #12-14, 22-0931,32,33
The resolution requesting board and public review of the Affirmative Action Ordinance Amendment prompted a request for another Study Session as several recommendations from the Disparity Study were not included.  Important missing items were the acceptance of other government procurement certification lists, moving previously exempted furnish and deliver contracts under AAP compliance, establishing a Diversity Advisory Council, and revisiting the surety bond requirement.  Item #44, 022-014

Budget & Employment

• Commissioner Spyropoulos asked if the delay in issuing the 2nd installment property tax bills has significantly affected the MWRD.  Answer:  No because of healthy reserves and the District has already received the 1st installment payment.      Item #37, 22-0991

Stormwater Management

• The Board approved entering into a $900,000 intergovernmental agreement with the Village of Winnetka for the acquisition of flood-prone property.       Item #43, 22-0981

Deleted Agenda Items

• #17, 22-0947  Commissioner Sepulveda asked that this item which was deferred at the October 22 meeting be deleted.  It is for a Technical Assistance Program to assist women and minority businesses.  She stated $100,000 is not enough investment to ensure a successful program and wants a new RFP with more specifics, expectations, and dollar investment.
• #41, 22-0994  The Executive Director deleted without discussion a request to grant the County of Cook a 75-year non-exclusive easement to construct, install, operate, maintain, repair, and remove a public road across several North Channel Parcels.   

Deferred:

• In addition to Items 12-14 above, a 3-year license renewal and software maintenance agreement was deferred by Commissioner Garcia without board discussion.  Item #22, 22-0053

                                    
Note:  The AAP Study Session will be held on November 9, 2022

Observer:  Diane Edmundson

Metropolitan Water Reclamation District (MWRD) Board of Directors Meeting
October 6, 2022

Storm Water Management

• The Board approved funds and a contract with Fresh Coast Capital LLC (also known as Greenprint Partners) in an amount not to exceed $1,640,600.00 for green stormwater infrastructure consulting services. Under Item 18. it approved a similar contract with Gewalt Hamilton Associates, Inc. for Stormwater Consulting, also in the amount of $1,640,600.00.    Item 17 #22-0882 and Item 18 #22-0884 
• The combined contracts engage a variety of engineering firms to work with staff to gear up the District’s stormwater infrastructure projects.  In response to queries by Commissioners Garcia and Corral-Sepulveda, Executive Director Brian Perkovich said the new contracts will supplement the work of the agency’s own staff.  “These contracts will allow us to do as many stormwater projects as possible,” he said.
• Both commissioners asked how priorities would be set for stormwater projects, and if areas disproportionately affected by flooding would receive higher priority status.  The Executive Director said the MWRD was still developing strategy, and the new consultants would be involved in identifying projects and priorities.  Commissioner Garcia asked staff to supply a list of projects and a map of areas where the projects will be completed. 

​Board Action

• The Board gave staff authority to advertise for two environmental engineering consulting firms to provide professional services to the Site Remediation Section of the Real Estate Division of the Law Department. The approved cost for the requested services is $1,300,000.00 ($650,000 per consultant over a three-year period ( 2023-2025).  Item 11 #22-0890
• A $93,800 project to fund an Intergovernmental Agreement with the Village of Oak Lawn for the design, construction, operation and maintenance of the Detention Basin Naturalization Project in Oak Lawn was approved.  Commissioners Garcia and Corral- Sepulveda pulled this agenda item for discussion to once again ask how the District might entice it’s municipal and agency partners to adopt the MWRD’s affirmative action goals and increase access for minority contractors. Commissioner Garcia noted this project could easily surpass the Agency’s $100,000 value threshold for compliance.  Commissioner Corral-Sepulveda asked staff for a process that might persuade intergovernmental partners to comply. Executive Director Perkovich agreed to provide the board with a time-line showing how and when such incentives could be included in the District’s intergovernmental agreements.  Item 42 #22-0906

Deferred or Deleted Agenda Items

• The Exec. Director deleted Item 40 from the agenda: Authority to grant the Village of Oak Lawn a 2-year, 124,972± sq. ft. temporary construction easement to continue to stage for the construction of a 60” diameter subterranean water main on and/or beneath Cal-Sag Channel.

Commissioner Requests

• In addition to the requests above, Commissioner Spyropoulos noted the Chicago Tribune recently reported the MWRD would be partnering with Cook County in more than $20 million in stormwater projects.  The Commissioner asked for a list of those projects.      
• In a discussion of Item 15, which dealt with a credit card company authorization, Commissioner Spyropoulos requested a breakdown on the vendor charges and Commissioner Corral Sepúlveda requested details on the fee per transaction charged by the vendor to the MWRD.    #22-0865

No Executive Session Held

Observer -  Laurie Morse                                            

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