District 205 Board president issues statement on IGA with City

At the beginning of the District 205 School Board meeting on Tuesday, April 23–right before the new members were sworn in— Board President Kara Caforio read the following statement regarding the status of the intergovernmental agreement (IGA) with the City.

Following is the text of the statement Caforio read during the meeting:

“For the past year, the City of Elmhurst and District 205 have been negotiating an intergovernmental agreement (IGA) to resolve three major issues involving millions of dollars.

“#1. Payments the district believes are due from the City under a 2004 Tax Increment Financing (TIF) agreement.

“#2. The City’s claims for a storm water fee as a result of the reconstruction of York High School in 2000.

“#3. The City’s request to construct major storm water retention projects at Jackson Elementary and York High Schools.

“In November of 2018, the district formally proposed a comprehensive 60-plus page agreement to the City, to which the City responded in mid- to late-February. In March, the district presented what it regarded as a near final draft of the agreement. The district’s proposal incorporated much of the city’s February proposal and addressed what the district believed was the last remaining issue of significance.

The district would accept a permanent storm water facility on the York site if the City would contribute to the district’s acquisition of land nearby to partially offset the portion of the site taken up by the storm water facility.

“The City responded on April 19 with what it characterized as a final proposal. The City’s April 19 proposal offered some money for the land offset, but then backtracked from its February proposal in several significant deal-breaking ways.

“#1. The City withdrew its February agreement to permit the district to terminate the Jackson storm water facility easement, if needed by the district for educational purposes after a long period of time.

“#2. The City withdrew its February proposal to relocate the storm water facility at York, if the district needed the original area for educational purposes.

“#3. The City limited its proposal to relocate the storm water facility at Jackson.

“#4. The City shifted to the district the responsibility and cost of inspecting, repairing and maintaining both the York and Jackson storm water facilities after five years.

“#5. The City withdrew its proposal to reimburse a portion of the district’s legal and engineering fees associated with the agreement.

“The City’s regressive proposals fundamentally and permanently compromise the district’s flexibility and discretion to meet the educational needs of our students, and impose significant storm water risks and costs which should be born by the City, not the district. It is apparent to the district from the City’s proposal that further negotiations will not produce an agreement, which protects the district’s interests. The consensus of this board is to communicate to the City that the district will not engage in further negotiations with the City for the construction of the City’s storm water projects on district land, and that the district will explore other avenues to press its claims for the TIF money, which it believes the City owes the district.

“After thousands of hours, and significant expenses, it is time for the board and the administration to put aside efforts to reach agreement with the City, and return to focusing on our core mission of educating children, including providing facilities which are safe, welcoming and promote instruction, and without the burdens, risks and cost imposed by the city’s major storm water management projects.”