TRANSMITTAL LETTER FOR BOARD MEETING OF JUNE 20, 2013
COMMITTEE ON JUDICIARY
Mr. David St. Pierre, Executive Director
Title
Authority to Settle Show Cause Action, Metropolitan Water Reclamation District of Greater Chicago v. Glen Estates Homeowners Association, Violation Complaint No. 06-010-VC, Permit Application No. 1984-0081, and to approve the final order of the Hearing Officer with the recommendation of settlement and dismissal of the Show Cause Action.
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Dear Sir:
On February 22, 2007, the MWRD caused a Notice of Show Cause Complaint to be filed against the Glen Estates Homeowners Association (Glen Estates) arising out of alleged violations of the MWRD Sewer Permit Ordinance for failure to repair and maintain the drainage and detention system resulting in improper drainage. A Notice of Violation was issued on March 15, 2006 and again on September 12, 2006.
A Pre Hearing Conference was conducted on April 10, 2007 before Hearing Officer Felicia Frazier with a number of status hearings thereafter. The matter was vigorously contested by Glen Estates Homeowners Association as the entity argued that the permit was void as assigned and that it had no liability for maintenance for that portion of the storm drainage piping. This position was rejected by the Hearing Officer.
In an attempt to resolve the underlying related issues, the various representatives of Glen Estates and the District have conducted settlement discussions and after technical review and consultation with the Engineering Department it has now been determined that the recent actions of Glen Estates Homeowners Association are acceptable to bring this violation into compliance. This case has remained pending over an extended time period for a variety of issues, including changes in personnel related to the homeowners, attorneys and the earlier attempt by Glen Estates, to obtain a surety/insurance option which was unsuccessful.
Accordingly, Glen Estates has provided a duly adopted certified Resolution dated February 28, 2013 that acknowledges its obligation to maintain, repair and replace certain stormwater detention and sewer collection management system as assignee to Permit No. 1984-0081 and indemnifies the District. Further, Glen Estates has dedicated and designated certain reserve funds for future maintenance and provided a letter from the Maine Township Highway Department Commission that acknowledges maintenance responsibility for storm sewer collection within the Township Highway Right of Way.
A proposed final order was issued by the Hearing Officer on May 21, 2013, the terms of which are subject to the approval of the Board of Commissioners. The Hearing Officer retained by the Board of Commissioners to adjudicate this matter has approved the terms and conditions of settlement and recommended the dismissal of the Show Cause action pursuant to settlement. The Engineering Department, Local Sewers Section, agrees that the best course of action is settlement with discharge and dismissal of same. Therefore, the General Counsel requests that the Board of Commissioners approve the settlement and dismissal of this Show Cause matter. Further, the General Counsel requests authority to execute such documents as may be necessary to effectuate settlement.
Requested, Ronald M. Hill, General Counsel, RMH:HSW: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