Metropolitan Water Reclamation District (MWRD) Board Meeting 
​October 20, 2022

Agenda Items
The Board in a series of resolutions recognized October 18th as the 50th anniversary of the Clean Water Act. The District is also celebrating the centennial of the Cal-Sag Channel.  Commissioner Spyropoulos remarked on the return of wildlife to the Chicago area waterways since the Clean Water Act was implemented, and noted the law continues to protect our waterways and our drinking water.

The day’s agenda included authorizations to pay for MWRD memberships in three national trade associations in the water industry.  Commissioner Davis pulled these items for discussion, and then deferred their approval until the Board knows more about the lobbying strategies of these organizations and how they are planning to hold PFAS polluters accountable for PFAS clean-up. “Our taxpayers should not be paying the cost of removing PFAS,” Davis said. “Manufacturers should be responsible.”

• 22-0931. Item 8. Authorization for pay 2023 membership dues ($16,725.00) to the Water Reuse Association. Deferred
• 22-0932. Item 9.  Authorization to pay annual membership dues ($93,880.) to the National Association of Clean Water Agencies (NACWA). Deferred
• 22-0933. Item 10. Authorize payment of $24,426 in membership dues to the American Water Works Association. Deferred

Commissioner Davis asked to see proposed legislation by the trade associations regarding PFAS, and if it holds manufacturers responsible for removal costs. Other Commissioners agreed, adding questions for staff. Commissioner Corral-Sepulveda asked for an assessment of the issue from the MWRD’s federal lobbyist, and asked for a report on proposed PFAS legislation in Illinois. Commissioner Morita said life cycle accountability of products should require producers of PFAS to pay back taxpayer-funded clean ups. Commissioner Garcia asked for information on what entities are responsible for guiding PFAS clean up. Commissioner McGowan requested a staff note on the benefits the District receives from these Trade Associations.

22-0948. Item 15.  Funding for a technical assistance program. Commissioner Corral-Sepulveda deferred this item, saying funding proposed for the program did not seem adequate to achieve its goals. 

22-0947. Item 32. Report on change orders and time extensions approved by the Director of Engineering from June through September 2022. Commissioner Davis questioned why the district had so many change orders, and suggested implementing a process that can more precisely scope projects. Executive Director Perkovich agreed, saying he would go back to staff and take a look at their process.

Bio solids

• 22-0913. Item #27 The Board authorized an increase in its contract with Metropolitan Biosolids Management, L.L.C., to design, build, own, finance, operate and maintain a 150-dry-tons per day Biosolids processing facility at the Stickney Water Reclamation Plant.  The contract also allows the vendor to “beneficially use” the biosolids product for a period of 20 years. The $1.3 million contract increase brings the new contract amount to $192 million.
• 22-0917. Item #14 Staff authorized a call for bids to re-pave and rehabilitate the Lawndale Avenue solids management area.  The MWRD estimates the paving cost will be $8.1 million.

Both of these items were approved as part of the consent agenda without Board questions or comment.

Stormwater Management

• 22-0938. Item 11.  Board members approved an increase in the estimated cost of building the main drop shaft at the Chicago River on Armitage Avenue. The drop shaft is part of a flood control project on Chicago’s north side, and part of the Agency’s Tunnel and Reservoir Plan (TARP). The MWRD did not supply the original cost estimate. The revised estimated cost to construct the drop shaft is now $12 to $14.5 million. This item was approved without discussion as part of the consent agenda.

Deferred or Deleted Agenda Items

• The Exec. Director deleted item # 39 – Thank you to P. Blanchard, Retiring Inspector General
• Commissioner Davis deferred #22-0932, 0932, 0933, Items 8-10
• Commission Corral-Sepulveda #22-0948, Item 15

Observer - Laurie Morse                                      No Executive Session 

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
September 1, 2022

(Agenda Item #10 - #22-0766) A request to increase the cost estimate for rehabilitation of the Upper Des Plaines Intercepting Sewer to between $28,500 and $34,500 million was pulled by Commissioner Garcia to discuss the possibility of separating out the parts of the contract that cover Furnish and Deliver items that could have Affirmative Action Plan (AAP) goals attached.  Dr. Berry of the AAP Department noted the following:         

• The District needs to add Furnish & Deliver (F&D) to its Ordinance which has not yet been done.
• Often there are no sub contractual F&D parts that can be assigned goals.
• Her department sees only those F&D contracts over $100,000. 

Three additional agenda items were pulled for discussion.

• #17 – A contract for consulting services to conduct a “machine learning study and develop a conceptual plan for mitigating orders at the Thornton Composition Reservoir at a cost estimate of $150,000”.  Commissioner Sepulveda suggested including data from the surrounding community into the Plan and asked how that would be done. She asked that the MWRD consider meeting in-person with surrounding businesses and residents to obtain more information regarding the odor problem.  #22-0750
• #46 – Staff requested authorization to enter into a memo of understanding with the Danish Water Technology Alliance represented by the Consulate General of Denmark located in Chicago and Aarthus V and A/S of Denmark to engage in a knowledge exchange program.  Commissioner Spyropoulos pulled the item to specifically support this effort and to thank the staff for pursuing it.  Commissioner Sepulveda hoped that there would be a like opportunity to work with Thailand, a country she recently visited.  #22-0757
• #55 – A request to amend the intergovernmental agreement with the City of Northlake for the acquisition of flood-prone properties.  There was no discussion on the amendment itself, but Commission Garcia asked for a list of lands acquired for this purpose.  This is a repeat of his request during the August 18 Land Use Study Session as he would like to include these statistics in what goes out to the public stating how much land the MWRD either leases for recreational purposes or works with communities to restore/mitigate land for flood control purposes.  The Legal Department stated that a map of those communities where MWRD does work and then the communities take over the maintenance will be available in the next three weeks.   #22-0787

All 57 agenda items were approved.

Stormwater Management: 

• Four items were approved either for property acquisition or agreements to undertake flood control construction. #54 - #57.

New Business: 

• Commissioner Davis thanked the staff for its continued efforts to obtain electric vehicles. 
• Commissioner Sepulveda thanked E.D. Perkovich for extending an invitation to Thai leadership to visit MWRD facilities.
• Commission Garcia noted that the MWRD’s bond rating from finance agencies increased from AA to AA+.

No Executive Session was held.

Observer:  Diane Edmundson                                                 Length of Meeting:  55 minutes

Metropolitan Water Reclamation District (MWRD) Board  
Study Session on Land Use (Leasing) and  Environmental Justice Policies
August 18, 2022

The stated purpose of the study session was to discuss the two proposed policies and to get input from the Board and members of the community.  All commissioners were present. The session was called to order by Commissioner Garcia, chair of the Land Use Committee. 

Land Use (Leasing) Policy
The Legal Department was asked to start with a slide presentation. A few highlights of this presentation include:

• Public recreational leases make up approximately 80% of the District's leased land, providing trails, parks, and natural area and offering over 500 acres of open space to the public.
• Commercial/industrial leases generate between $25-$28 million a year in leasing revenue, support local jobs, and provide an important tax base for local communities.
• Leases along the channels support over 4,000 jobs.  The Sanitary and Ship Canal has the highest percentage of corporate [MWRD] and commercial and industrial users.
• Almost all of the North Shore Channel and the vast majority of the Cal-Sag Channel are used for public recreation.

Commissioners' Questions/Comments:

• President Steele noted that the first Land Use Policy was established in 2015 and she is interested in hearing public comments.
• Commissioner McGowan noted that the District already has an extensive land use criteria in place.
• Commissioner Spyropoulos said that the policy should react to the needs of the communities involved and the changing dynamics of the board.  She asked if “fiscal impact” could be added to the criteria list.  The General Counsel said that it is already part of the process both from the perspective of the District and the local community, and Yes it could.
• Commissioner Morita requested that the new “Environmental Justice Policy” be moved to a higher place on the criteria list.  She asked how the District is currently assessing risk and previous problems with potential leasing entities - what else besides performance and indemnity bonds.  She then suggested that the MWRD do an audit/assessment of its land holdings under the framework of environmental Justice.
• Commissioner Davis asked how the public comments would be considered for amendments to the two polices and was told that they would be reviewed and included in amendments.  Davis also noted the phrase “disproportionally impacted areas” which was used in the Disparity Study seems to have been left/replaced with “minority and low population" which could have constitutional problems.  Two other comments:  1) The open space policy should be extended beyond wealthy communities namely, the North Shore; and 2) The Land Use Policy should be more about open space and squeezing out as much as possible for public benefit.
• Commissioner DeBuclet requested that the 3-year formal review suggestion contained in a letter from the League of Women Voters of Cook County (LWVCC)  be added to the policies. She also asked if the District received revenues from its recreational leases and was told YES – 25% of any generated revenue but the total amount is minimal.  Another question, “is urban agriculture a part of the leased land”.  Answer:  Yes, but there isn’t a need for a separate category as it is very site specific.
• Commissioner Sepulveda commented on the criteria review process itself.  She noted that the phrase DIA [Disproportionally Impacted Areas] should be used; but most important there needs to be data indicators and metrics to measure the MWRD’s success in this area.  The RFP is the time and place to add this measure.
• Commissioner Perry said that she echoed the other commissioners’ comments and also asked the question, “how can the District create shareable information on its vision when opportunities become available”.

Environmental Justice Policy

• The Legal Department stated on its slide that the “proposed policy is based on the U.S. EPA’s definition of Environmental Justice:  the fair treatment and meaningful involvement of all people regardless of race, color, national origin or income with respect to the development,implement-tation, and enforcement of environmental laws, regulations, and policies.  Fair treatment was defined to mean that no group of people should bear a disproportionate share of the negative environmental consequences resulting from the District’s operations or policies.”….
• Commissioner Morita noted that the Land Use Environmental Justice Policy should only be a policy – followed by a “process or guideline document.”
• Commissioner Sepulveda said that “air pollution” should be added to impact.  She also said that addressing the historical impact of racism is important and how goals are developed should include measures that can be used for accountability purposes.
• Commissioner Garcia asked if land purchased for Stormwater Management counted as MWRD land.  The answer:  Generally, NO as the property is often turned back to the community to be maintained once the work is completed. 
• Commissioner Garcia also noted that this August 18 Study Session’s focus is only on land leasing criteria and the new Environmental Justice Policy not land use in general.

Public Comments
There were 16 total in-person public speakers and several written comments sent to the Board Secretary.

• Eight (8) Business and commercial associations covering business and shipping.
• Three (3) Environmental groups [Friends of the Chicago River and 2 Urban Agricultural organizations.  Friends suggested adding a Land Use Director to the payroll.
• One (1) real estate appraiser and 1 real estate lawyer [2 total]
• Three (3) local community leaders

Points Made:

• Chair Garcia, noted that the Chicago Civic Federation provided a written response recommending adding “fiscal impact” to criteria.  
• All of the business, shipping, and association speakers spoke to the benefits of leasing land to them and urged the MWRD to continue its leasing policies.
• The environmental lawyer noted that the MWRD requires that when a piece of leased land is returned it must be restored to Residential requirements.
• The unincorporated land areas around Lemont should be included in the MWRD coverage area.
• One barge is the equivalent of 22 semi-trucks being removed from use and putting CO2 into the air.    More trucks are off the road because of tug boats land barges.  Safer and better for the climate.  Barges are also used by one waste hauler to move waste down the channel to trucks that go a short distance to a landfill.

Observer:  Diane Edmundson

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