TRANSMITTAL LETTER FOR BOARD MEETING OF JUNE 20, 2013
COMMITTEE ON JUDICIARY
Mr. David St. Pierre, Executive Director
Title
Authority to settle Marigold, Inc.'s 2010 User Charge liability in the total amount of $29,984.43, Board Appeal No. 12-B-002
Body
Dear Sir:
The Metropolitan Water Reclamation District of Greater Chicago ("District") and Marigold, Inc. ("Marigold") have reached a settlement of a Board Appeal arising out of Marigold, Inc.'s 2010 User Charge liability, thereby eliminating the need for a formal hearing before the District's Board of Commissioners ("Board").
On January 28, 2011, Marigold submitted its User Charge Annual Certified Statement ("RD-925") for year 2010 to the District. In that RD-925, Marigold reported a Net User Charge ("NUC") of $37,149.53.
By letter dated May 9, 2011, the District revised that NUC based, in part, on the fact that the District had not approved the replacement meter used by Marigold to measure its water-to-product ("WTP") loss. The District calculated a revised NUC of $42,204.57.
Marigold appealed the revised NUC to the District's Director of Monitoring & Research ("Director"), and a corresponding appeal meeting took place on September 23, 2011. By letter dated October 28, 2011, the Director affirmed the District's revision of Marigold's 2010 NUC. On October 10, 2012, Marigold filed a Board appeal disputing the Director's determination. However, prior to that filing, Marigold submitted a revised proposal for measuring WTP loss in compliance with the District's requirements. By letter dated April 24, 2012, the District approved Marigold's revised proposal.
A Preliminary User Charge Hearing ("hearing") was conducted on February 13, 2013. At that hearing, the District informed Marigold that, in accordance with Appendix A, Section III of the District's User Charge Ordinance, the District could now recalculate Marigold's NUC based on the District's approved methodology. That recalculation yielded a revised NUC of $29,984.43.
Marigold has agreed to settle its appeal in exchange for the abovementioned revision of its NUC. The District's Monitoring & Research Department has reviewed the settlement and has no objection to the same. Additionally, the Hearing Officer retained by the Board to adjudicate this matter, James J. Caronis, has approved the settlement on these terms.
Marigold has executed a Settlement Agreement indicating approval of the settlement of this matter on the above-stated terms.
Therefore, the General Counsel respectfully requests that the Board of Commissioners approve the settlement of Marigold's 2010 User Charge liability in the amount of $29,984.43, and for authority to execute such documents as may be necessary to effect the same.
Requested, Ronald M. Hill, General Counsel, RMH:LLD:JTM:crb
Respectfully Submitted, Mariyana T. Spyropoulos, Chairman Committee on Judiciary
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for June 20, 2013