TRANSMITTAL LETTER FOR BOARD MEETING OF AUGUST 29, 2013
COMMITTEE ON INDUSTRIAL WASTE AND WATER POLLUTION
Mr. David St. Pierre, Executive Director
Title
Authority to enter into an intergovernmental agreement with the Illinois Department of Natural Resources to participate in the Chi-Cal Rivers Fund, with a contribution to the Illinois Department of Natural Resources in the amount of $500,000.00
Body
Dear Sir:
Authorization is requested to enter in to an Intergovernmental Agreement ("IGA") with the Illinois Department of Natural Resources ("IDNR") to participate in the Chi-Cal Rivers Fund ("Fund"), with a contribution to the IDNR in the amount of $500,000.00.
On June 20, 2013, the Board of Commissioners authorized the District to begin negotiations with the IDNR for an IGA that would include provisions allowing for the District to contribute towards the Fund. Since then, the District and IDNR have agreed in principle as to the terms of the IGA.
On December 20, 2012, the Board was advised of a tentative agreement reached with various non-governmental organizations ("NGOs") whereby the District would support the State's proposed new dissolved-oxygen standards and relinquish its wet-weather use proposal (currently pending before the Illinois Pollution Control Board) in consideration for the NGOs commitment to support the State's issuance of an initial 5-year variance to the District with regard to the proposed new standards. An additional facet of this agreement involves the District's commitment of $500,000.00 to facilitate habitat improvement projects for aquatic life throughout the Chicago Area Waterway System ("CAWS").
In order to maximize the benefit of the $500,000.00 that the District in tends to contribute, the District will partner with IDNR through the IGA and draw on IDNR's unique expertise with regard to habitat improvement projects. Pursuant to the IGA, the District will contribute $500,000.00 to the IDNR, and IDNR will, in turn, grant that money to the Fund for projects relating to habitat enhancement in the portions of the CAWS within Cook County. The Fund would then leverage that grant to attract additional funding from private donors, and the District and IDNR would participate with the Fund's administrator, the National Fish and Wildlife Foundation, to award money to grant applicants. For its services, the Fund's administrator will charge an administrative fee in the range of 10% to 15% of the $500,000.00 contribution.
Based on the foregoing, the Law Department recommends that the Board authorize the District to enter into an IGA with the IDNR to participate in the Fund, with contribution to the IDNR in the amount of $500,000.00, and that the Chairman of the Committee on Finance, the Executive Director and the Clerk be authorized to execute said IGA on behalf of the District, upon approval by the Head Assistant Attorney and General Counsel as to form and legality.
Requested, Ronald M. Hill, General Counsel
Recommended, David St. Pierre, Executive Director
Respectfully Submitted, Patrick D. Thompson, Chairman Committee on Industrial Waste and Water Pollution
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for August 29, 2013