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THANK YOU, ALL AROUND!
With their final ruling on September 8th, the Commissioners delivered closure of the docket for EU's application for wastewater certification.
We are not only grateful to the Commission and staff, but also to all of the volunteers, members and supporters who have contributed to this outcome.
First, the PIE Board would like to thank our attorney, Brad Kelsky, He not only turned out a victory, but was a true believer in our cause. We would like to thank Linda Cotherman for her leadership as both the Chair of our Action Committee and as pro-se litigant in the administrative action.
Thanks go to all of the Action Committee members, who worked tirelessly to produce evidence and supporting materials for this case. And we would like to thank all of you, our members, allies and supporters. A special shout-out to our partners from Little Gasparilla -- you know who you are!
Please know that we are not necessarily done with this issue. Should EU take their case to appeal, we will likely have to resume legal representation and fundraising. Here's hoping EU chooses to withdraw.
With their final ruling on September 8th, the Commissioners delivered closure of the docket for EU's application for wastewater certification.
We are not only grateful to the Commission and staff, but also to all of the volunteers, members and supporters who have contributed to this outcome.
First, the PIE Board would like to thank our attorney, Brad Kelsky, He not only turned out a victory, but was a true believer in our cause. We would like to thank Linda Cotherman for her leadership as both the Chair of our Action Committee and as pro-se litigant in the administrative action.
Thanks go to all of the Action Committee members, who worked tirelessly to produce evidence and supporting materials for this case. And we would like to thank all of you, our members, allies and supporters. A special shout-out to our partners from Little Gasparilla -- you know who you are!
Please know that we are not necessarily done with this issue. Should EU take their case to appeal, we will likely have to resume legal representation and fundraising. Here's hoping EU chooses to withdraw.
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VIDEO of COMMISSION CONFERENCE HEARING
Tuesday, June 7th,2022 Scroll ahead to 12:44 mark for EU Ruling. |
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The Administrative Hearing
Jonathan Cole from Giffels-Webster testifies for the applicant utility at the Administrative Hearing.
Tuesday, February 8th and Wednesday February 9th, 2022
Robert A. Anderson Administrative Building, Commission Chambers, South Venice
Robert A. Anderson Administrative Building, Commission Chambers, South Venice
It was the apex of a year-long legal process, which will conclude with a future ruling from the three Commissioners presiding over the hearings. First the Technical Hearing on February 8th and then the Customer Service Hearings on February 8th & 9th.
It was, in a word, intimidating. But the staff and the Commissioners from the Public Service Commission made great efforts to make all who attended feel welcome and comfortable. Everything was run very professionally and generally went smoothly.
The principal participants in the Technical Hearing were:
It was, in a word, intimidating. But the staff and the Commissioners from the Public Service Commission made great efforts to make all who attended feel welcome and comfortable. Everything was run very professionally and generally went smoothly.
The principal participants in the Technical Hearing were:
FROM THE PSC |
FOR THE OPPOSITION |
FOR THE APPLICATION |
Jennifer Crawford, Attorney Supervisor |
Anastacia Pirello, Attorney for the Office of Public Counsel |
John Wharton, Attorney for EU |
Ryan Sandy, Senior Attorney |
Linda Cotherman, Pro Se Litigant |
Martin Friedman, Attorney for EU |
Mary Ann Helton, Deputy Counsel |
Brad Kelsky, Attorney for PIE |
Jack & Diane Boyer, Owner/Operators for EU |
Commissioner Gary F. Clark (Chair) |
Meryl Schaffer, PIE President |
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Commissioner Mike La Rosa |
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Commissioner Gabriella Passidomo |
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Additional staff was there to assist from both the PSC and the Sarasota Commission office. Mr. Sandy replaced the PSC staff attorney assigned to this docket only a few weeks prior. However, he was well informed in all aspects of the case.
THE TECHNICAL HEARING
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The proceedings were scheduled to begin at 10:00 AM, but technical issues with the livestream delayed the start. At around 10:10 Commissioner Clark greeted the assembly and began with a group swearing in. The Technical Hearing consisted of witness appearances mostly for cross-examination. Each witness had 3 minutes to summarize their direct testimony, which had been pre-filed months ago. Then, they were made available for questioning, but only by the party opposing their position. The testimony in support of EU’s proposal was offered by Jack Boyer (owner/operator), Jonathan Cole, (engineer) and Deborah Swain (accountant). Craig Rudy, former Director of Charlotte County Utilities, was on the original list of witnesses to appear in support of EU. Several weeks ago, Mr. Rudy was released from attending the hearing, but his deposition was allowed into the record as testimony. Mr. Boyer testified that central wastewater service is needed at this time and the Charlotte County Master Sewer Plan identifies the islands as a priority for central wastewater service. Mr. Cole testified that of the two systems that were analyzed in preparation for the application, the low-pressure “step” wastewater system was preferred. |
Jack Boyer of Environmental Utilities, LLC testifies at the Hearing.
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Ms. Swain testified that the accounting provided that she prepared as part of EU”s application meets the criteria for approval, and based on the data she was given EU would be self-supporting.
The testimony opposed to EU’s proposal was offered by: Meryl Schaffer (President of PIE), Ellen Hardgrove (land use expert), Robert Weisburg (red tide expert) and Steven Suggs (engineer).
Ms. Schaffer testified about PIE, that no one had requested central sewer and that Charlotte County had done no water testing on the Islands.
The testimony opposed to EU’s proposal was offered by: Meryl Schaffer (President of PIE), Ellen Hardgrove (land use expert), Robert Weisburg (red tide expert) and Steven Suggs (engineer).
Ms. Schaffer testified about PIE, that no one had requested central sewer and that Charlotte County had done no water testing on the Islands.
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Ms. Hardgrove testified that central sewer is not allowed on the bridgeless barrier islands.
Dr. Weisburg testified that septic tanks do not cause red tide. The forensic accountant Sheri Schultz was scheduled to appear at the hearing to present her testimony. However, just days before the Hearing, she notified PIE’s attorney that she had been exposed to someone who tested positive for Covid. As a result, she was allowed to forego the hearing and her testimony was entered into the record. However, it was agreed by all parties that she had no expertise in PSC regulatory accounting. This was not particularly significant to the PIE team, because her testimony did not pertain to the rates and charges but instead to the owners’ financial wherewithal to accomplish the proposed project. After the witness testimony from PIE, Linda Cotherman presented her arguments. Ms. Cotherman was “pro se” representing herself as an individual in the hearings. She was professional and held her own with the legal set. After the Commissioners had heard the direct testimony from both sides, the three witnesses supporting EU were brought back to present their rebuttal testimony. Once again, they gave their 3-minute summaries, and questions were asked and answered. The technical hearing did not appear to bring any new or surprising details to the cases for either side. It concluded at approx. 4:15 PM, and a recess was taken until the Customer Service Hearing began at 6:00 PM. |
(R to L) Islanders Jeff Provost and Terry Miklos chat with PIE Attorney Brad Kelsky and Anastacia Perillo, attorney with the Office of Public Counsel.
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THE CUSTOMER SERVICE HEARINGS
Ellen Hardgrove, Land Use expert witness, testifies at the hearing.
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Attendance at the customer service hearings was outstanding: 35+ on Tuesday evening and approx. 60+ on Wednesday. In all, 50 of our friends and neighbors rose to speak in opposition to the sewer application. 10 of the speakers came from Little Gasparilla Island and 40 were property owners from our Island. 2 individuals spoke in favor of the proposal, the rest were opposed. The Commissioners commented that they were aware that it was difficult for Islanders to get to the hearings and expressed their appreciation for the large attendance.
The Commissioners leaned in with interest listening to each of the speakers. Some spoke from notes, some just spoke. Several had impressive credentials, like Jeff Provost (developer), Jayne Kebe (environmental engineer), Ben Fertic (architect/engineer), Len Swederski (former contractor) and Joe Savoldi (process control systems for sewer treatment plants). |
Many spoke about the costs, the disturbance of the beautiful environment, the lack of need for sewer service. 10-year-old Teegan Stout prepared and researched his own speech. There were emotional moments when Islanders spoke about their homes and the fear of possibly losing them.
(L to R) Commissioner La Rosa, Mary Ann Helton, Commissioner Clark and Ryan Sandy chat on break.
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One impressive moment came when speaker Terry Miklos asked for a show of hands in the audience of those opposed to the proposal. Nearly the entire room raised their hands except for a small group of friends and family of the EU owners.
But the mic-drop moment of the day came towards the end from Tyler Erickson, who said “I’ll keep this simple. If somebody came up to you and said “I want to build you a house. Only two conditions: I have no experience and you can’t get any other bids. What would you do?” It brought down the house. The general perception was that the Islanders got their message across. After the hearings, Jennifer Crawford (Attorney Supervisor from the PSC) stated “I can assure you that through the sponsored witnesses at the technical hearing, the speakers at the service hearings, the letters filed with the Commission, and the post-hearing briefs to be filed by the parties, all voices will be heard by the Commissioners.” |
MORE FOR YOU
VIEW THE VIDEO of the HEARINGS at Audio and Video Coverage - Florida Public Service Commission (floridapsc.com)
Look for “HEARING” below the “Commission Conference“ listings. You will see the Service Hearing videos listed for Feb 8th & Feb 9th. The technical hearing on February 8th has been recorded in 3 parts.
If you want to dig in the tall weeds, CLICK HERE to view the official “Pre-Hearing Order”. This contains all of the information about how the Technical Hearing will proceed. TIP: Scroll down to page 6 Part VIII “Issues and Positions”. Here you can read the 14 issues identified by the PSC related to the application, the position on each issue taken by each of the parties and which witness will provide testimony on that issue. It’s an interesting read.
ARCHIVES: PSC Conference Videos 2021
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VIDEO: October 12th Florida Public Service Commission FPSC Commissioner Conference where item 9 on the Agenda was Docket No. 20200226-SU. The Commissioners voted on EU's Motion for Partial Summary Final Order, which was denied. [NOTE: begins at 24.44 mark]
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VIDEO: January 5th Florida Public Service Commission (FPSC) Commission Conference where item 3 on the Agenda was Docket 20200226-SU. The Commissioners voted on EU's Motion to Bifurcate and Temporary Rule Waiver, which was denied.
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Other Resources
More information is available at the PSC website Docket # D20200226:
Docket Index - Florida Public Service Commission (floridapsc.com)
PSC Docket Filings - Florida Public Service Commission (floridapsc.com)
Charlotte County Sewer Master Plan HomePage
Sewer Master Plan | Charlotte County, FL
Charlotte County Master Plan
FrontEnd_Pages.indd (charlottecountyfl.gov)
Charlotte County Master Plan Executive Summary
ccsmp-executivesummary-8-29-17.pdf (charlottecountyfl.gov)
More information is available at the PSC website Docket # D20200226:
Docket Index - Florida Public Service Commission (floridapsc.com)
PSC Docket Filings - Florida Public Service Commission (floridapsc.com)
Charlotte County Sewer Master Plan HomePage
Sewer Master Plan | Charlotte County, FL
Charlotte County Master Plan
FrontEnd_Pages.indd (charlottecountyfl.gov)
Charlotte County Master Plan Executive Summary
ccsmp-executivesummary-8-29-17.pdf (charlottecountyfl.gov)