New Items March 23, 2004

NEW ITEMS

Meeting of the Cook County Board of Commissioners

County Board Room, County Building

Tuesday, March 23, 2004, 10:00 A.M.

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TERMINATION OF CONTRACTS

ITEM #1

Transmitting a Communication, dated March 23, 2004 from

RAYMOND C. ROBIN, Purchasing Agent

Re: Contract Nos.

02-15-791H 01-73-930

03-15-048H 03-72-748

03-15-092H 03-73-258

03-15-149H 03-73-264

03-15-165H 04-72-113

03-15-079H 03-15-330H1

03-15-266H 03-15-505H

03-15-508H 03-15-526H1

03-15-897H1 03-72-231

Ravenswood Medical Resources Corporation has contracted with the County with respect to the contracts listed above. Ravenswood Medical Resources Corporation recently ceased doing business and is presently selling its assets. On March 12, 2004, I issued a notice of default with regard to the above contracts and informed Ravenswood Medical Resources Corporation of the County’s intention to terminate these contracts. On March 16, 2004, a communication was received from Ravenswood Medical Resources Corporation acknowledging receipt of my notice and acknowledging that Ravenswood Medical Resources Corporation has ceased doing business.

I hereby request that the above contracts be terminated by the County. Further, in order to ensure that the Bureau of Health Services receives essential medical supplies without interruption, the following arrangements are recommended to fulfill the requirements which were procured through these contracts.

First, with regard to a number of the contracts, relatively small procurements under ($25,000) remain to be made. With respect to these contracts, I recommend that the contracted items be purchased through the open market quotation process set forth in Section 10-18 of the Purchasing Ordinance until such time as new bids can be solicited.

Second, Contract Nos. 01-73-930 (reagents and consumable supplies for vendor provided chemistry analyzers); 03-72-231 (customized vascular garments); 03-73-258 (occupational therapy supplies); 04-72-113 (posterior and anterior intraocular lenses); and 03-72-748 (radiopharmaceuticals) meet significant ongoing needs of the Bureau of Health Services and your consideration of alternative arrangements is required in order to meet these needs.

With respect to Contract No. 01-73-930, the Bureau of Health Services is requesting that the remaining period covered by this contract be entered into directly with the manufacturer, Olympus America, Inc., in order to permit the Bureau of Health Services to continue to receive supplies for, and to continue utilizing, the Olympus chemical analyzers which were supplied under the Ravenswood Medical Resources Corporation contract and which are heavily relied upon at Stroger Hospital of Cook County. This request is set forth in related New Item #2.

With respect to Contract Nos. 03-72-231, 03-73-258, 04-72-113 and 03-72-748, the Bureau of Health Services is requesting that the Board authorize the award of contracts to the next lowest bidders meeting specifications. Each of these bidders has indicated its willingness to stand by their original bid prices with respect to a contract award for a full contract term. These requests are set forth in related New Item #3.

_________________________

Commissioner Daley, seconded by Commissioner Peraica, moved to suspend the rules so that this matter may be considered. The motion carried unanimously.

Commissioner Daley, seconded by Commissioner Moreno, moved that the request of the Purchasing Agent be approved. The motion carried unanimously.

TERMINATION OF CONTRACTS AND

REQUEST TO ENTER INTO NEW CONTRACTS

ITEM #2

Transmitting a Communication, dated March 17, 2004 from

RUTH M. ROTHSTEIN, Chief, Bureau of Health Services

Re: Contract Nos. 03-72-231, 03-73-258, 04-72-113 and 03-72-748

We are requesting authorization from the Cook County Board of Commissioners for the Purchasing Agent to terminate Contract Nos. 03-72-231 (customized vascular garments); 03-73-258 (occupational therapy supplies); 04-72-113 (posterior and anterior intraocular lenses); and 03-72-748 (radiopharmaceuticals) with Ravenswood Medical Resources Corporation, Chicago, Illinois.

Ravenswood Medical Resources Corporation has ceased doing business. In order to prevent an interruption in the procurement of essential medical supplies and, in the best interests of the County, I am requesting that the Purchasing Agent be authorized to enter into contracts with the below mentioned vendors. This will enable Stroger Hospital of Cook County to continue to receive, without interruption, the specific supplies which are required in order to continue providing patient care. Therefore, I respectfully request that these contracts be awarded to the next lowest bidders meeting specifications, as follows:

Contract No.	Item	Recommended Vendor	Contract Period	Contracted Amount

03-72-231	Customized Vascular Garments (897-362 Account)	Advanced Management Services Midwest, Inc., Niles, Illinois	03/23/04 –03/22/06	$ 181,991.00
03-73-258	Occupational Therapy Supplies (897-362 Account)	Advanced Management Services Midwest, Inc., Niles, Illinois	03/23/04 –03/22/06	$ 106,021.56
04-72-113	Posterior and Anterior Intraocular Lenses (897-362 Account)	Northwestern Pharmaceuticals, Inc., Westchester, Illinois	03/23/04 –03/22/06	$ 79,925.00
03-72-748	Radiopharmaceuticals (891-362 and 897-362 Accounts)	Bioelectronic Engineering and Medical Supplies (B.E.A.M.S.), Elmhurst, Illinois	03/23/04 –03/22/05	$1,272,074.00

_________________________

Commissioner Daley, seconded by Commissioner Peraica, moved to suspend the rules so that this matter may be considered. The motion carried unanimously.

Commissioner Daley, seconded by Commissioner Moreno, moved that the request of the Chief of the Bureau of Health Services be approved. The motion carried unanimously.

TERMINATION OF A CONTRACT AND

REQUEST TO ENTER INTO A NEW CONTRACT

ITEM #3

Transmitting a Communication, dated March 17, 2004 from

RUTH M. ROTHSTEIN, Chief, Bureau of Health Services

Re: Contract No. 01-73-930

On October 4, 2001, the Cook County Board of Commissioners awarded the above referenced contract to Ravenswood Medical Resources Corporation, Chicago, Illinois, for the purchase of reagents and consumable supplies for vendor provided chemistry analyzers for the Department of Pathology, Clinical Biochemistry Division at Stroger Hospital of Cook County. Ravenswood Medical Resources Corporation has ceased doing business.

TERMINATION OF A CONTRACT AND

REQUEST TO ENTER INTO A NEW CONTRACT continued

ITEM #3 cont’d

I am recommending that Contract No. 01-73-930 with Ravenswood Medical Resources Corporation, Chicago, Illinois, be terminated. In order to prevent an interruption in the procurement of essential medical supplies and, in the best interests of the County, I am requesting that the Purchasing Agent be authorized to enter into a contract with Olympus America, Inc., Melville, New York, for the remaining period of the contract. This will enable Stroger Hospital of Cook County to continue to receive, without interruption, the specific supplies which are required in order to continue to use the analyzers, which were supplied by Olympus America, Inc. under the contract with Ravenswood Medical Resources Corporation.

Olympus America, Inc., will hold the price firm until the expiration of the existing contract, resulting in a contract for seven (7) months and not thirty-six (36) months as specified in the original contract documents.

In addition, we are requesting to decrease by $350,000.00, Contract No. 02-73-202 with Abbott Laboratories, Inc., Diagnostic Division, Abbott Park, Illinois, and allocate an additional $350,000.00 to Olympus America, Inc., Diagnostic Systems Division. These changes are needed since the Fantus Health Center Laboratories merged with the Central Laboratory at Stroger Hospital of Cook County resulting in an increase of usage of Olympus analyzers.

Estimated Fiscal Impact: None. Contract period: March 4, 2004 through October 3, 2004.

_________________________

Commissioner Daley, seconded by Commissioner Peraica, moved to suspend the rules so that this matter may be considered. The motion carried unanimously.

Commissioner Daley, seconded by Commissioner Moreno, moved that the request of the Chief of the Bureau of Health Services be approved. The motion carried unanimously.

PROPOSED RESOLUTIONS

ITEM #4

Submitting a Proposed Resolution sponsored by

JOAN PATRICIA MURPHY, County Commissioner

Co-Sponsored by

JERRY BUTLER, ELIZABETH ANN DOODY GORMAN, ANTHONY J. PERAICA,

DEBORAH SIMS, PRESIDENT JOHN H. STROGER, JR., FORREST CLAYPOOL,

EARLEAN COLLINS, JOHN P. DALEY, GREGG GOSLIN, CARL R. HANSEN,

ROBERTO MALDONADO, JOSEPH MARIO MORENO, MIKE QUIGLEY, PETER N. SILVESTRI,

BOBBIE L. STEELE and LARRY SUFFREDIN, County Commissioners

PROPOSED RESOLUTION

A RESOLUTION CALLING ON GOVERNOR BLAGOJEVICH AND

THE ILLINOIS GENERAL ASSEMBLY TO RESTORE FULL FUNDING IN

THE 2005 FISCAL YEAR BUDGET FOR THE ILLINOIS BUREAU OF TOURISM

WHEREAS, the Illinois Bureau of Tourism (IBOT) manages industry efforts that result in sustainable and significant quality-of-life benefits for all Illinois residents; and

WHEREAS, the tourism industry in Illinois generates $38 billion in total economic impact annually as well as 600,000 jobs. Tourism employs 1 in 10 jobs in Illinois; and

WHEREAS, the $1.1 billion in state tax revenues generated by tourism amounts to 4.4% of the General Revenue Fund operating budget which contributes to education, health care, public safety, and other essential services; and

WHEREAS, recognizing the importance of creating a continual funding source for tourism promotion for Illinois, in 1984, the Illinois General Assembly and the Governor signed legislation that raised the dedicated tax on hotels to 6% with the express understanding of the tourism industry that the intended use of the tax increase was for the purpose of tourism promotion; and

PROPOSED RESOLUTIONS continued

ITEM #4 cont’d

WHEREAS, tourism is the only base industry common throughout the State of Illinois and provides revenue to all 102 counties in some form; and

WHEREAS, the Illinois Bureau of Tourism provides unified, unbiased leadership for the industry with the sole mission of creating economic impact through consistent, research-based and targeted marketing to enhance Illinois’ image as a world-class travel destination; and

WHEREAS, Governor Blagojevich’s proposed 2005 Budget eliminates 50% of funding for the Illinois Bureau of Tourism; and

WHEREAS, a cut in marketing dollars will not only cause hotel and motel tax revenues to be lost to the state but also will negatively affect the hotel, restaurant, attraction and supplier sectors which will result in lost jobs; and

WHEREAS, this reduction in state tourism funding will have a devastating effect on Illinois’ fiscal health. The consistent generation of local option bed taxes that our rural communities rely on to support essential city services, such as police and fire protection, would be at risk without IBOT’s efforts. Taxpayers across Illinois pay less in taxes because visitors help fund state and local government services and it has been estimated that the loss of visitor industry tax revenues would cost every Illinois family of four an additional $525.00 in taxes per year; and

WHEREAS, continuation of full base funding for the Illinois Bureau of Tourism is critical to the residents of Cook County and Illinois, because the agency’s tourism promotion activities generate irreplaceable revenues for education, health care, public safety, police and fire protection and other essential services.

NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners of Cook County does hereby call on Governor Blagojevich and the Illinois General Assembly to restore full funding to the Illinois Bureau of Tourism in the Fiscal Year 2005 Budget; and

BE IT FURTHER RESOLVED, that a suitable copy of this Resolution be tendered to Governor Blagojevich, Senate President Emil Jones, Speaker of the House Michael J. Madigan and the members of the Illinois General Assembly representing Cook County and also be spread upon the official proceedings of this Honorable Body.

_________________________

Commissioner Daley, seconded by Commissioner Peraica, moved to suspend the rules so that this matter may be considered. The motion carried unanimously.

Commissioner Murphy, seconded by Commissioner Peraica, moved that the Resolution be approved and adopted. The motion carried unanimously.

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ITEM #5

Submitting a Proposed Resolution sponsored by

LARRY SUFFREDIN, County Commissioner

Co-Sponsored by

JOHN H. STROGER, JR., PRESIDENT, JERRY BUTLER, FORREST CLAYPOOL,

EARLEAN COLLINS, JOHN P. DALEY, ELIZABETH ANN DOODY GORMAN,

GREGG GOSLIN, CARL R. HANSEN, ROBERTO MALDONADO, JOSEPH MARIO MORENO,

JOAN PATRICIA MURPHY, ANTHONY J. PERAICA, MIKE QUIGLEY, PETER N. SILVESTRI,

DEBORAH SIMS and BOBBIE L. STEELE, County Commissioners

PROPOSED RESOLUTION

WHEREAS, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) was adopted by the United Nations General Assembly on December 18, 1979 and became an international treaty as of September 3, 1981, and by 2003, well over three-fourths of the world, 174 nations, have agreed to be bound by CEDAW’s provisions; and

PROPOSED RESOLUTIONS continued

ITEM #5 cont’d

WHEREAS, the United States supports and has a position of leadership in the United Nations, and was an active participant in the drafting and is a signatory to CEDAW; and

WHEREAS, as evidenced by the Cook County Board of Commissioners adoption of a similar Resolution on February 15, 2000, the spirit of CEDAW is rooted in the goals of Cook County, the United States and the United Nations to affirm faith in fundamental human rights, in the dignity and worth of the human person, and in the equal rights of men and women everywhere; and

WHEREAS, CEDAW provides a comprehensive framework for challenging the various forces that have created and sustained discrimination based on sex against half the world’s population; the nations in support of CEDAW have agreed to follow CEDAW’s prescriptions; and

WHEREAS, although women have made major gains in the struggle for equality in all fields, much more needs to be accomplished to fully eradicate discrimination based on sex and to achieve one of the most basic human rights, equality; and

WHEREAS, President George W. Bush and the Secretary of State have placed CEDAW in Category III of priority in order to accelerate the Treaty’s passage through the U.S. Senate Foreign Relations Committee and the full U.S. Senate with the goal of the United States ratification; and

WHEREAS, county government has an appropriate and legitimate role in affirming the importance of international law in communities as universal norms and to serve as guides for public policy; and

WHEREAS, Cook County, with its ethnic and racial diversity, and its outstanding cultural and educational institutions, is working to eliminate discrimination based on sex.

NOW, THEREFORE, BE IT RESOLVED, by the Cook County Board of Commissioners, that the County of Cook urges the Senate Foreign Relations Committee to again pass CEDAW favorably out of Committee, and send it to the Senate floor; and

BE IT FURTHER RESOLVED, that the County of Cook urges the United States Senate to vote favorably to ratify CEDAW so that its provisions will define the goal and the standard of conduct for all in promoting equality for women in all aspects of their lives; and

BE IT FURTHER RESOLVED, that suitable copies of this Resolution, along with a letter documenting the County of Cook’s ongoing compliance with the principles of CEDAW, be delivered to the President of the United States, the Secretary of State of the United States, the President of the United States Senate, the Chair and the members of the Senate Foreign Relations Committee; and

BE IT FURTHER RESOLVED, that this Resolution shall take effect on the date of its passage and approval.

_________________________

Commissioner Daley, seconded by Commissioner Peraica, moved to suspend the rules so that this matter may be considered. The motion carried unanimously.

Commissioner Suffredin, seconded by Commissioner Daley, moved that the Resolution be approved and adopted. The motion carried unanimously.

PROPOSED ORDINANCE

ITEM #6

Submitting a Proposed Ordinance sponsored by

LARRY SUFFREDIN, County Commissioner

PROPOSED ORDINANCE

COOK COUNTY STORMWATER MANAGEMENT

BE IT ORDAINED THAT:

PROPOSED ORDINANCE continued

ITEM #6 cont’d

TABLE OF CONTENTS

ARTICLE 1. AUTHORITY AND PURPOSE

Sec. 15-1. Statutory Authority

Sec. 15-2. Cook County Council’s of Government Stormwater Management

Sec. 15-3. Findings

Sec. 15-4. Purposes of this Ordinance

Sec. 15-5. Reference to Watershed Plans

Sec. 15-6. through 15-15. Reserved

ARTICLE 2. DEFINITIONS

Sec. 15-16. Interpretation of Terms and Words

Sec. 15-17. Definitions

Sec. 15-18. through 15-30. Reserved

ARTICLE 3. WAIVER COMMUNITY ENFORCEMENT

Sec. 15-31. Authority

Sec. 15-32. Notice of Intent to Petition for Waiver

Sec. 15-33. Filing and Contents of Petition

Sec. 15-34. Waiver Community Records

Sec. 15-35. Committee Review of Waiver Community Programs

Sec. 15-36. through 15-45. Reserved

ARTICLE 4. COMMITTEE PROCEDURES FOR WAIVER OF ENFORCEMENT

Sec. 15-46. Committee Consideration of Petition

Sec. 15-47. Standards for Grant of Petition

Sec. 15-48. Decision; Findings and Decision in Writing

Sec. 15-49. Final Action Required By Committee

Sec. 15-SQ. through 15- Reserved

ARTICLE 5. COMMITTEE ENFORCEMENT WITHIN WAIVER COMMUNITIES

Sec. 15-56. Authority for Committee Action

Sec. 15-57. Complaints

Sec. 15-58. Complaint Investigation and Review

Sec. 15-59. Formal Complaint of Committee

Sec. 15-60. Answer and Time for Filing

Sec. 15-61. Public Hearing

Sec. 15-62. Committee Decision

Sec. 15-63. Committee Determinations

Sec. 15-64. through 15-70. Reserved

ARTICLE 6. DUAL COUNTY COMMUNITIES

Sec. 15-71. Choice of Planning Jurisdiction

Sec. 15-72. through 15-77. Reserved

ARTICLE 7. GENERAL PROVISIONS

See. 15-78. Scope of Regulation

Sec. 15-79. Official Lists of Exempt Deve1opm

Sec. 15-80. Interpretation

Sec. 15-81. Warning and Disclaimer of Liability

Sec. 15-82. through 15-90. Reserved

ARTICLE 8. ADMINISTRATION

Sec. 15-91. Responsibility for Administration

Sec. 15-92. Duties of Director

Sec. 15-93. Duties of Administrator in Waiver Community

Sec. 15-94. Representative* Capacity

Sec. 15-95. Watershed Basin Committee

Sec. 15-96. Oversight Committee

Sec. 15-97. through 15-110. Reserved

PROPOSED ORDINANCE continued

ITEM #6 cont’d

ARTICLE 9. REQUIREMENTS FOR STORMWATER AND FLOOD

Sec. 15-111. General Information

Sec. 15-112. General Stormwater and Flood Plain Requirements

Sec. 15-113. Site Runoff Requirements

Sec. 15-114. Site Runoff Storage Requirements (Detention)

Sec. 15-115. Detention Variance Fee Program

Sec. 15-116. Sediment and Erosion Control Requirements

Sec. 15-117. Reserved for Special Requirements in the Salt Creek Watershed

Sec. 15-118. Reserved for Special Requirements in the East Branch DuPage River Watershed..

Sec. 15-119. Reserved for Special Requirements in the West Branch DuPage River Watershed.

Sec. 15-120. Reserved for Special Requirements in the Sawmill Creek Watershed

Sec. 15-121. Reserved for Special Requirements in the Des Plaines River Tributaries Watershed

Sec. 15-122. Reserved for Special Requirements in the Fox River Tributaries Watershed

Sec. 15-123. through 15-130. Reserved

ARTICLE 10. SPECIAL MANAGEMENT AREAS

Sec. 15-131. Special Management Areas

Sec. 15-132. Requirements for Regulatory Flood Plain and Regulatory Floodway Determination

Sec. 15-133. Requirements for Development within the Regulatory Flood Plain

Sec. 15-134. Requirements for Wetland Delineation

Sec. 15-135. Requirements for Development Affecting the Function and Values of Wetlands.

Sec. 15-136. Wetland Banking

Sec. 15-137. Riparian Environments Requirements

Sec. 15-138. through Sec. 15-145. Reserved

ARTICLE 11. STORMWATER MANAGEMENT PERMITS

Sec. 15-146. General Requirements

Sec. 15-147. Applicability; Required Submittals

Sec. 15-148. Stormwater Management Permit Application

Sec. 15-149. Stormwater Submittal

Sec. 15-150. Flood Plain Submittal

Sec. 15-151. Wetland Submittal

Sec. 15-152. Riparian Environment Submittal

Sec. 15-153. Permit Fee

Sec. 15-154. Duration and Revision to Permits

Sec. 15-155. through 15-165. Reserved

ARTICLE 12. PROHIBITED ACTS

Sec. 15-166. Prohibited Acts

Sec. 15-167. Prosecution of Violations

Sec. 15-168. through 15-175. Reserved

ARTICLE 13. PERFORMANCE SECURITY

Sec. 15-176. General Security Requirements

Sec. 15-177. Development Security

Sec. 15-178. Sediment and Erosion Control Security

Sec. 15-179. Letters of Credit

Sec. 15-180. Long-Term Maintenance

Sec. 15-181. through 15-195. Reserved

ARTICLE 14. ENFORCEMENT AND PENALTIES

Sec. 15-196. Inspection and Maintenance Authority

Sec. 15-197. Required Inspections

Sec. 15-198. Notice of Violations

Sec. 15-199. Revocation of Permits

Sec. 15-200. Stop-Work Order

Sec. 15-201. Fines

Sec. 15-202. Additional Remedies for Special Flood Hazard Areas

Sec. 15-203. Legal and Equitable Relief

Sec. 15-204. Injunctive Relief

Sec. 15-205. through 15-225. Reserved

PROPOSED ORDINANCE continued

ITEM #6 cont’d

ARTICLE 15. APPEALS.

Sec. 15-226. Right to Appeal

Sec. 15-227. through 15-235. Reserved

ARTICLE 16. VARIANCES

Sec. 15-236. Authority; Applications; Standards

Sec. 15-237. Public Hearing Required

Sec. 15-238. Review and Recommendation

Sec. 15-239. Decision

Sec. 15-240. Conditions

Sec. 15-241. through 15-255. Reserved

ARTICLE 17. MISCELLANEOUS PROVISIONS

See. 15-256. Public Hearings

Sec. 15-257. Severability

Sec. 15-258. Most Restrictive Provisions Apply

Sec. 15-259. Amendments

Sec. 15-260. Effective Date

Sec. 15-261. through 15-265. Reserved.

ARTICLE 1. AUTHORITY AND PURPOSE.

Sec. 15-1. Statutory Authority.

1. This Ordinance shall be known, and may be cited, as the Cook County Council’s of Government Countywide Stormwater and Flood Plain Ordinance.

2. The Cook County Board promulgates this Ordinance pursuant to their authority to adopt ordinances regulating flood plain management and governing the location, width, course, and release rate of all stormwater runoff channels, streams, and basins in Cook County, in accordance with the Cook County Stormwater Management Plan. The statutory authority fir this Ordinance is contained in 55 ILCS 5/5-1062.1

3. As applicable, the municipalities within Cook County promulgate and enforce this and other relevant Stormwater Management Ordinances pursuant to 65 ILCS 5/1-2-1, 5/ 12-12, 11-30-2, 11-30-8, and 5/11-31-2 (1992).

Sec. 15-2. Cook County Council’s of Government Stormwater Management Plan.

The Plan was recommended by the Cook County Stormwater Management Committee and adopted by the Cook County Board, after review by the appropriate agencies and public hearing, as Ordinance No._____. The Plan is available for public inspection in the office of the Cook County Clerk.

Sec. 15-3. Findings.

The Cook County Board hereby finds that:

1. Inappropriate use of the flood plain and development have increased flood risk, flood damage, and environmental degradation; and

2. It is necessary to consider stormwater management on a watershed basis; and

3. Cook County drains poorly because of flat topography and soils of low permeability; and

4. The costs of increasing channel capacity are prohibitive and

5. Many land development practices upset the natural hydrologic balance of Cook County streams; and

6. Most flood damage occurs to structures developed adjacent to streams in the flood plain or floodway; and

7. Wetlands represent a significant portion of the natural watershed storage in Cook County, and wetlands play an essential role in flood storage, conveyance, sediment control, and water quality enhancement; and

PROPOSED ORDINANCE continued

ITEM #6 cont’d

8. Many stormwater management facilities are not adequately maintained; and

9. The authority for control of stormwater facilities is widely distributed to many entities in Cook County; and

10. There are many strong local stormwater management programs; and

11. Inconsistent enforcement of stormwater regulations contributes to the extent and severity of flood damage.

Sec. 15-4. Purposes of this Ordinance.

1. The principal purpose of this Ordinance is to promote effective, equitable, acceptable, and legal stormwater management measures. Other purposes of this Ordinance include:

a. Managing and mitigating the effects of urbanization on stormwater drainage throughout Cook County; and

b. Reducing the existing potential for stormwater damage to public health, safety, life, and property; and

c. Protecting human life and health from the hazards of flooding and degradation of water quality; and

d. Protecting and enhancing the quality, quantity, and availability of surface and groundwater resources; and

e. Preserving and enhancing existing wetlands and aquatic and riparian environments, and encouraging restoration of degraded areas; and

f. Controlling sediment and erosion in and from stormwater facilities, developments, and construction sites; and

g. Preventing the further degradation of the quality of ground and surface waters; and

h. Requiring appropriate and adequate provision for site runoff control, especially when the land is developed for human activity; and

i. Requiring the design and evaluation of each site runoff control plan consistent with watershed capacities; and

j. Encouraging the use of stormwater storage in preference to stormwater conveyance; and

k Lessening the taxpayers’ burden for flood-related disasters, repairs to flood- damaged public facilities and utilities, and flood rescue and relief operations; and

l. Meeting the Illinois Department of Transportation, Division of Water Resources’ floodway permitting requirements delineated in 615 ILCS 5/18g (1992) (An Act in Relation to the Regulation of the Rivers, Lakes and Streams of the State of Illinois”), as amended from time to time; and

m. Making federally subsidized flood insurance available to individual communities and for property throughout the County by fulfilling the requirements of the National Flood Insurance Program; and

n. Complying with the rules and regulations of the National Flood Insurance Program codified in Title 44 of the Code of Federal Regulations; and

o. Encouraging cooperation between the County, communities, and other governmental entities with respect to flood plain and stormwater management; and

p. Requiring cooperation and consistency in stormwater management activities within and between the units of government having stormwater management jurisdiction; and

q. Restricting future development in the flood plain to facilities that will not adversely affect the flood plain environments or adversely affect the potential for flood damage; and

r. Incorporating water quality and habitat protection measures in alt stormwater management activities within Cook County; and

s. Requiring regular, planned maintenance of stormwater management facilities; and

t. Encouraging control of stormwater quantity and quality at the most site-specific or local level; and

u. Allowing the use of simple technologies whenever appropriate and realistic, but requiring the use of more sophisticated techniques when necessary to ensure the adequacy of stormwater controls; and

v. Providing a procedure by which communities throughout the County may petition the Cook County Stormwater Management Commission to implement and enforce the provisions of this Ordinance or an ordinance consistent with, and at least as stringent as, this Ordinance; and

w. Requiring strict compliance with and enforcement of this Ordinance.

2. The purposes of this Ordinance are consistent with the Plan.

3. The purposes of this Ordinance will be implemented by its provisions.

PROPOSED ORDINANCE continued

ITEM #6 cont’d

Sec. 15-5. Reference to Watershed Plans.

1. This Ordinance recognizes the integrated nature of the watershed system and the need to study certain flood control alternatives and other stormwater management functions on a watershed-wide basis.

2. The following six major watershed divisions are identified for detailed watershed studies:

a. Des Plaines River Tributaries Watershed; and

b. Chicago River Watershed; and

c. Little Calument-Galien Watershed; and

d. Lower Fox Watershed; and

e. Pike Root Watershed; and

f. Upper Fox Watershed

3. Watershed Plans or Interim Watershed Plans shall be prepared and periodically updated for these six major watersheds, to identify management projects and establish criteria for development.

4. Adopted Watershed Plans or Interim Watershed Plans which contain more specific criteria than the criteria established for County-wide application in this Ordinance shall govern over County-wide criteria. Such watershed plans, upon their completion, approval, and proper adoption, are hereby incorporated into this Ordinance without further act of the Cook County Board.

5. Watershed-specific criteria established in such Watershed Plans or Interim Watershed Plans shall be set forth as Sections 15-117 through 15-122 of this Ordinance.

6. The County-wide requirements of this Ordinance shall apply in all watersheds unless superseded by more specific watershed criteria.

ARTICLE 2. DEFINITIONS.

Sec. 15-16. Interpretation of Terms and Words.

The terms and words used in this Ordinance or in a waiver community ordinance shall be interpreted as follows:

1. Words used in the present tense include the future tense; and

2. Words used in the singular number include the plural number and words used in the plural number include the singular number; and

3. The words “shall”, “will” and “must” are mandatory, not permissive; and

4. All distances, unless otherwise stated, shall be measured horizontally.

5. The phrases “Director or the Administrator, “Director, or the Administrator in a waiver community, or Director, or Administrator in a complete waiver community”, refer to the individual responsible for the enforcement in the specific area.

Sec. 15-17. Definitions.

Within the context of this Ordinance or a waiver community ordinance, the following words and terms shall have the meanings set forth except where otherwise specifically indicated. Words and terms not defined shall have the meanings indicated by common dictionary definition.

ADID wetland. A wetland identified by the U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency, or the Committee as an Advanced Identification (ADID) wetland.

Administrator. The person administering the implementation and enforcement of this Ordinance; or, the person administering the implementation and enforcement of a community ordinance in a waiver community.

Applicable Engineering Practice. Procedures, methods, or materials recommended in standard engineering textbooks or references as suitable for the intended purpose.

PROPOSED ORDINANCE continued

ITEM #6 cont’d

Applicant. A person applying for a Stormwater Management Permit, which person must be either the owner or the developer of the land specified in the application.

Appropriate Use. The only uses of the regulatory floodway that may be considered for a stormwater permit. See Section 15-133 of this Ordinance.

Base Flood. The flood having a one percent probability of being equaled or exceeded in a given year.

Base flood Elevation. The height of the base flood in relation to the National Geodetic Vertical Datum of 1929.

Best Management Practices. Design, construction, and maintenance practices and criteria for stormwater facilities that minimize the impact of stormwater runoff rates and volume, prevent erosion, and capture pollutants.

Bog. A low nutrient peatland, usually in a glacial depression, that is acidic in the surface stratum and often dominated at least in part by the genus Sphagnum.

Building. A structure that is constructed or erected partially or wholly above ground and is enclosed by walls and a roof The term “building’ includes manufactured homes and includes both the above-ground and the below-ground portions of the structure.

Certify/Certification. A statement that a proposed development meets the requirements of this Ordinance.

Committee. The Cook County Stormwater Management Commission of the Cook County Board, authorized by Public Act 85-905.

Community. Any municipality, or the unincorporated County, within Cook County acting as a unit of local government.

Compensatory Storage. An excavated hydrologically and hydraulically equivalent volume of storage created to offset the loss of existing flood storage.