TRANSMITTAL LETTER FOR BOARD MEETING OF NOVEMBER 1, 2012
COMMITTEE ON INDUSTRIAL WASTE AND WATER POLLUTION
Mr. David St. Pierre, Executive Director
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Authority for the Board of Commissioners to review the request by Toyota Park for the Facility Located at 7000 South Harlem Avenue, Bridgeview, Illinois, for review by the Board of Commissioners of the 2007, 2008, 2009, and 2010 User Charge Liability Determination made by the Director of the Monitoring and Research Department under Appeal No. 11D-039.
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Dear Sir:
Toyota Park submitted its 2007 through 2010 User Charge Annual Certified Statements (RD-925s) on February 18, 2011, and reported the following Net User Charges (NUC):
2007 $14,539.00
2008 $14,997.00
2009 $18,898.00
2010 $25,808.00
In the letter dated September 28, 2011, the District notified Toyota Park that its 2007 through 2010 NUCs were revised as follows:
2007 $31,862.84
2008 $29,718.61
2009 $36,817.44
2010 $51,355.86
In accordance with Section 9a(1)(a) of the User Charge Ordinance (Ordinance), Toyota Park appealed the revised 2007 through 2010 NUCs in its letter dated September 28, 2011. The District scheduled an appeal meeting for December 6, 2011.
A meeting was held on December 6, 2011, with representatives of Toyota Park and the District's Monitoring and Research Department, wherein Toyota Park presented its appeal of its 2007 through 2010 User Charges. The Director, by letter dated March 12, 2012 (copy attached), which was received by Toyota Park on March 14, 2012, responded to the appeal and advised Toyota Park that its NUCs for the reporting years 2007 through 2010, as recomputed by the District, were revised. This revision allowed for the deduction of the water volume used for the irrigation of the stadium's practice and main fields. The revised 2007 through 2010 NUCs were as follows:
2007 $ 6,614.36
2008 $15,149.34
2009 $23,675.12
2010 $35,137.90
Toyota Park submitted its 2011 RD-925 on February 17, 2012, and reported an NUC of $7,497.00. In the letter dated May 16, 2012, the District notified Toyota Park that its 2011 NUC was revised to $13,229.50. The District has not received a letter from Toyota Park appealing the District's revision of its 2011 NUC to the Director of Monitoring and Research. A chronology of events related to administration of this User Charge account is attached.
Mr. Steven Landek, Mayor for the Village of Bridgeview, wrote to the President of the Board of Commissioners by letter dated August 29, 2012, a copy of which was received by the Director of Monitoring and Research on August 31, 2012, advising that Toyota Park did not concur with the determinations of the Director and, in accordance with Section 9 of the District's Ordinance petitioned the Board of Commissioners (Board) for a hearing regarding the Director's determinations of the 2007 through 2011 NUCs. With the exception of the request to appeal the 2011 NUC, which has not yet been appealed to the Director of Monitoring and Research, Toyota Park's request for a hearing of its 2007 through 2010 NUCs was made in a timely manner. As of the date of this letter, Toyota Park has paid in full the User Charge liabilities for 2007 through 2010 as determined by the Director. Therefore, the request for a hearing is in conformance with the provisions of Section 9 of the Ordinance relating to "User Appeal Procedure." Pursuant to the provisions of Section 9 of the Ordinance, the Board shall review the petition for appeal and if it elects to entertain the request for appeal, determine whether the Board will conduct the hearing itself or delegate same to another person.
Accordingly, it is respectfully submitted that the Executive Director request the Board to determine if it will entertain the instant request for appeal by Toyota Park and if it elects to do so, then with respect to the hearing therefore:
1. Set a date certain upon which the Board would hear Appeal 12B-001, while sitting en banc; or
2. Designate a person to conduct such a hearing on behalf of the Board in accordance with Section 9 of the Ordinance.
Requested, Thomas C. Granato, Director of Monitoring and Research, TCG:MJ:PLK:EPI:MK:op
Recommended, Ronald M. Hill, General Counsel
Respectfully Submitted, Patricia Horton, 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 November 1, 2012
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