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All Island. All the Time.

Motion Denied.

1/7/2021

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NOTE: This is not an official transcript, but rather a detailed summary of the discussion held at the Conference of the Florida Public Service Commission (FPSC) on Tuesday, January 5, 2021 related to Agenda Item 3, Docket 20200226 – the Application for Certificate to provide wastewater service in Charlotte County, by Environmental Utilities, LLC [EU].

Present from the FPSC were: Commissioner Gary F. Clark (Chairman), Commissioner Julie I. Brown, Commissioner Art Graham, Commissioner Andrew G. Fay, Commissioner Mike LaRosa, Mary Anne Helton (Deputy General Counsel). Jennifer Crawford (Attorney Supervisor) was present on the phone.

On Tuesday, January 5th the Florida Public Service Commission (FPSC) met for a Commission Conference where item 3 on the Agenda was Docket 20200226, the Application for certificate to provide wastewater service in Charlotte County, by Environmental Utilities, LLC [EU}.
 
Before the Commission was a Motion to Bifurcate and Temporary Rule Waiver which would allow the applicant, EU, to separate the rate-making component (project costs, estimated connection fees and maintenance rates) from the certification of the service area.
 
The discussion began with a summary of the item by Mary Anne Helton, Deputy General Counsel for the FPSC.  She indicated that staff recommends the Commissioners approve the temporary rule waiver on the grounds that strict application of the rule would result in financial hardship to the utility.
 
Ms. Helton then noted that about 144 customers sent emails over the weekend, a majority of them objecting, and that more had come in overnight, also objecting to the waiver. She summarized the objections given in the emails as follows:
  • If the motion were granted, there would be no information available about rates until 2022.
  • The lack of financial strength of EU and the owner/operators Jack and Diane Boyer.
  • 6 customer emails claiming the financial hardship needed for the waiver was not demonstrated.
 
Chairman Gary L. Clark then called for registered “interested parties” to speak. Linda Cotherman spoke first, representing both herself as an individual, and as a Board member of the Palm Island Estates Association. Her arguments in front of the commission included:
  • Deficiency of notice to residents. Many stakeholders did not receive their notices due to COVID, slow down of USPS and the holiday season.  Also, the very title of the Notice indicated that rates and charges were included for review in the application.
  • Financial stability. Because there is no in-depth information known about the owners’ liens or foreclosures, the financial stability of EU needs to be reviewed.
  • Misleading cost to property owners. Mr. Boyer has publicly used a cost figure of $20,000.00 including connection fees and removal of old septic systems. He has shown no basis for these numbers.
  • Intimidation. Mr. Boyer has stated to elderly residents that any increase in his attorney’s fees caused by customer protest will be added to the customers’ sewer charges.  The customers have more of a hardship in not knowing the estimated rates and charges than Mr. Boyer in his need to provide them.
  • Lack of Financing. Why continue to review the project if he does not have the financing nor can he secure a commitment for financing?
None of the Commissioners had questions for Linda Cotherman.
 
Next Barbara Dwyer from Little Gasparilla Island Property Owners Association spoke. “How can you rule to bifurcate from the plan before certificate is issued? You are essentially saying that the certificate will pass before the consumer has had adequate time to review and announce their concerns.”

Chairman Clark then called for questions.
 
Commissioner Fay pointed out the large number of emails on the docket. “Staff had mentioned the correspondence that came in yesterday afternoon and last night, and um, it seems a little bit unusual to me that when I’m looking at the numbers starting from the filings yesterday there’s hundreds of those.” ”Did we receive all of them yesterday or were they just put into the system yesterday? It seems significant that we would need to take these into account.”
 
Deputy General Counsel Helton replied “It’s my understanding from my clerk that they came in over the weekend.”

Martin Friedman, Attorney for Environmental Utilities then spoke. He gave a brief background of the 2017 Sewer Master Plan, which he said was referenced in the Bulk Wastewater Treatment Agreement between Charlotte County and EU). He made the following points:

  • the proposed service area scored 4-5 (the worst) on the rating scale so they are high on the list for conversion from septic to sewer within a 3-5 year period
  • Commission considers County’s master plan when they consider applications
  • today is only about bifurcation, all other issues are for another day
  • statute requires that prior to getting a DEP permit, EU needs permits for the engineering needed to provide estimates of rates and charges but he needs the certificate to get those permits. This is why they can’t estimate cost.  Bifurcation allows utility to go ahead with permitting, permitting allows the engineering to find out what the costs are going to be.
  • Since 2005 commission has allowed bifurcating rates from the certificate
  • A concerted effort has been made against the project by customers in the affected communities because nobody wants to pay the fees to hook up to sewer. “But the County has made the decision that these Islands and Cape Haze have to be sewered because they want to protect the environment.”
 
Commissioner Julie Brown questioned Mr. Friedman, asking “I’m assuming you have to have some kind of construction documents, right?”

Mr. Friedman responded “We do have a preliminary engineering study that sets forth several alternatives, but whatever we build has got to be consistent with County standards.” 
 
Commissioner Brown returned, “But you have to have some type of preliminary budget in support of your preliminary construction?”
 
Mr. Friedman replied “No. Not necessarily.”  He went on to say “not anything near what you’d be required to complete the financial documentation for the commission to grant rates & charges.  "That’s why the numbers out there, 10-20 thousand dollars, are just guesses until it’s permitted.” He continued by saying EU believes they can put together a plan to sewer these areas that is financially feasible. And they don’t want to make a substantial investment in something that doesn’t happen.
 
Commissioner Brown cut him off, noting “So no cost estimates until 2022?” Brown also said that Environmental Utilities had the burden to prove substantial financial hardship.
 
Commissioner Brown then asked Staffer Mary Anne Helton if bifurcation is the norm. Miss Helton deferred to Jennifer Crawford (on the phone), who said she has not done a rigorous search for “true originals” where there is no pre-existing utility and no plant-on-the-ground. Bifurcation is usually done for existing plants. She explained some preexisting companies ask for bifurcation, and said she was guessing that a ballpark of 30% of true originals (completely new start-ups) have been given bifurcation.
   
Commissioner Brown noted she was worried about the “volume of concern” from potential customers, and asked Ms. Crawford “What is the recourse of the customers who have genuine concerns?”  She replied that with the certificate, the customer has opportunity to protest the certificate and request an administrative hearing.  If bifurcation is allowed, when rates are set later customers will have the opportunity to protest the rates.
 
Commissioner Brown replied “I hope the customers are hearing that.  I don’t think waivers should be the norm, and I think the burden of a substantial hardship … is on the utility.   If we continue, this will be the standard going forward.”

Commission Chair Gary Clark asked “What is our obligation from that point on in regards to approving the new rates? What latitude do we have?” He was concerned about the rates being too burdensome when they are finally supplied. For example, if the rates provided were $20,000 or more for the connection fees, how do they grapple with the cost of the project vs. what is fair, just and reasonable rates for the utility? Ms. Helton suggested that if the customer takes issue with the rates provided by EU based on their costs, then they or the Office of Public Counsel can request a hearing to challenge the rates.

“If we see a legitimate cost-based rate that is not fair and reasonable, we begin to have an issue there” Commission Chair Gary Clark said. “I don’t want there to be any misconception that this is a green light to proceed and you’re coming back with $20,000.00 in connection charges, this commission will set you back on your heels.” He was assured by Ms. Helton that allowing the waiver was not a green light for the project to go forward. More discussion followed about the responsibility of the PSC to set rates that are based on cost but are also fair and reasonable.

Commissioner Fay turned the discussion back to the legal components required by the waiver and if granted, does it become the norm. Commissioner Fay concluded with “Legally applying the waiver requires substantial hardship to be demonstrated and I’m not sure this is done here.” More discussion followed about setting precedent with this waiver. Ms. Crawford was asked if it was probable that they would be seeing similarly situated utilities in the future.  She responded that “for true originals, yes, I would expect that we would see more of these in the future.  We don’t get but so many true originals from year to year” indicating that is a fairly novel issue.

It was mentioned that if the waiver wasn’t granted it would essentially delay the process. Mr. Friedman was asked how long it might take to begin service. “Hopefully we would begin providing as early as 2022” he responded.

The attorney from the Office of Public Counsel (OPC) was asked if they have been contacted by many of these customers. OPC said that they had. She thanked them for their involvement and comments at the hearing but had no comment with respect to the bifurcation.

Chairman Clark called for a motion, and it was moved to accept the staff recommendation and vote yes for the waiver. At that point, the Chairman called for a second. No one would second and the motion to grant the waiver died for lack of a second.

It was then suggested that a deferral would be appropriate. It nearly ended there but Deputy General Counsel Helton reminded the commissioners there was a deadline to generate a vote. According to the staff recommendation, the Commission has a limited window of 90 days to either grant or deny the waiver. The 90-day period expires on January 12, 2021 so the Commission could not defer the matter but instead had to make a final ruling on the request for a waiver.

A motion was then made to deny the request, and there was a second. The motion carried with 4 commissioners assenting and 1 dissenting. The bifurcation waiver would not be granted.

[CLICK HERE to view PSC DOCUMENT_Motion Denied]

END
DONATE NOW to the PIE LEGAL FUND
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What Happens Next?

1/6/2021

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The denial of the Motion to Bifurcate and Temporary Rule Waiver does not close the application to provide central sewer on the Island, nor does it end the process. It simply requires that EU file their anticipated rates and connection fees along to complete their application prior to the Commission vote on certification. According to reliable sources at the County, EU plans to continue with its application for a wastewater certificate.
 
The 30-day period from the date that EU's notice of mailing was posted on the PSC docket expires on January 16th, 2021. This is the deadline to submit a formal letter of objection to EU's application and to request a public hearing. We will notify you if any date changes appear on the docket.  PIE received approval from its membership at the Annual Meeting on January 2nd to use the legal fund to hire an attorney to represent Island stakeholders for the purpose of becoming an "intervenor" in the process and at the administrative hearing.
 
The PIE Board meets again on Monday January 11th, where further discussion will be held. More involvement of the membership may be necessary if EU does not withdraw its application.
DONATE NOW to the PIE LEGAL FUND
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P.I.E. e-bombs Florida PSC

1/6/2021

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Picture
The membership of PIE stepped up to unleash a flurry of emails to the Florida Public Service Commission over the holiday weekend.

​In a “Call to Action”, PIE members had been encouraged to email the PSC to voice opposition to the granting of a Motion to Bifurcate and Temporary Rule Waiver.
The motion was submitted by attorney Martin Friedman to allow EU to go forward with the application for certification of the Island service area without providing the estimated costs and anticipated rates for connection and maintenance of service.

The sheer volume of incoming responses overwhelmed the FPSC staff. 

Just before 9:00 AM on Monday 1/4, there were 114 documents posted on the PSC Docket.  At 9:00 AM the email uploads to the docket began, ticking up in batches each time the screen was refreshed. By 8:00 PM, the last batch of uploads, without their attachments, appeared. When it was over, the total count of entries in the docket was 437.

Not only did the PIE members activate in record numbers, they networked neighbor to neighbor and posted on social media.  The sample letter that appeared in the “Call to Action” email made its way down to Little Gasparilla, with common language appearing in letters of objection from LGI.
On Tuesday morning 1/5/20, the PSC staff noted the large number of emails that had been sent by customers objecting to the waiver, which was in turn noted by the Commission.

As of today, 1/6/21, the docket stands at 457 entries. The vast majority of these entries are titled “CORRESPONDENCE–Consumers & Representatives” (letters and emails) or “CORRESPONDENCE–Parties & Interested Persons” (requests to be persons of interest). There are 112 “Interested Persons” registered on the Docket.

​Congratulations and thanks are due to all the PIE members/stakeholders who wrote letters to the FPSC expressing their opinions and concerns.
DONATE NOW to the PIE LEGAL FUND
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PIE Membership Unites on Sewer Issue

1/3/2021

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At the 2021 PIE Annual Membership Meeting held on Saturday January 2, 2021, the membership, in a nearly unanimous vote, approved having PIE represent its membership by opposing the application by a private utility (Environmental Utilities, LLC) for a central sewer system on the Island. 

Included in the discussion was: 

(1) sending a letter from PIE (as an organization) to the PSC by the January 4th deadline, requesting that EU’s Motion to Bifurcate and Temporary Rule Waiver be denied, and

(2) writing a letter from PIE opposing EU’s application for certification by the 30-day deadline to respond to notice.  

Using the legal fund to hire an attorney to represent the membership in objecting to the application was also discussed as part of the motion approved.

It was reiterated several times that the position that PIE will represent on behalf of the membership does not oppose central sewer in general, but specifically opposes central sewer constructed and maintained by a private utility.
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Call to Action

1/3/2021

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You may have recently received legal notice (CLICK HERE to view Notice) from Environmental Utilities, LLC (EU) alerting you to their application to the Public Service Commission (PSC) for the installation of central sewer on the Islands. Normally, when a utility company applies for authorization to provide central sewer, they must include the monthly rates, the connection fees and the type of system to be installed.

However, EU is asking for a waiver to the rule requiring that this information be submitted at the time of the initial application.  (CLICK HERE to view Motion 
to Bifurcate and For Temporary Rule Waiver) On Tuesday January 5th, 2021 the PSC will consider allowing EU to proceed with the application for certification without providing the rates, connection fees and the additional information about the sewer system.

An objection to this waiver is essentially a request for transparency.  If you want to know what the rates will be and wish to know what type of system will be installed then you need to file an objection to this rule waiver NOW. 

Email the PSC by noon [12:00 PM] Monday, January 4th, 2021.  Object to the proposal and ask the PSC to deny the Motion to Bifurcate and Temporary Rule Waiver.

​Every email counts so please urge your spouses to write as well.


TO: clerk@psc.state.fl.us

SUBJECT:  Docket #20200226-SU

To Whom It May Concern,

My name is [insert name]. I am a property owner on [identify Island]. My property is within the service area contained in the application from Environmental Utilities, LLC [EU] for central sewer.

I am writing specifically to object to EU’s request to bifurcate the certificate and rate-making proceedings. I also object to the granting of a temporary waiver of Rules 25-30.033(1)(p) and (q).

Property owners in the proposed service area have a deadline of January 16, 2021 to present their objections. In bifurcating the application, no information regarding estimated rates and connection fees for this project will be available until the Spring of 2022.  

As future consumers, we have been asked to present our objections to a proposal for which we have no idea what the associated costs will be nor the type of system we will be paying for. All of which has been timed to take place during a tumultuous holiday season within a global pandemic.

I object to all of this, plus the applicant’s lack of experience as an owner/operator of a wastewater utility and the inadequate information regarding the applicant’s financial strength. Therefore, I formally request that EU’s Motion to Bifurcate and Temporary Rule Waiver be denied.

Yours truly,

[Name and email address]

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Q&A with EU

12/30/2020

 
12.30.20
The following are notes from the draft meeting minutes for the 12.14.20 PIE Board meeting. 

Palm Island Estates Homeowners Association
12/14/20 Board Meeting

 
President LouEllen Wilson called the meeting to order at 5:06. 
 
Present: Craig Baresel, Pat Gordon, Sally Johnson, Heather Stout, Lindsay Yates.
Zoom attendees: Candy Cohen, Linda Cotherman, Cori Palmere, Meryl Schaffer.
A quorum was established. 
 
Guests in attendance: Jack & Diane Boyer, Richard Leyden (LGIPOA), Monica Errico, Jayne Kebe, Teressa Fesperman, Lynne Petersen, Jon Goranson.

Guest Presentation:

Jack Boyer, representing Environmental Utilities, LLC [EU], provided information on a wastewater treatment service area that would include Cape Haze I and II, Little Gasparilla Island, Don Pedro/Knight Islands plus the Resort. 
 
Letters proposing that EU, LLC provide bulk water service to the “certificated service area” [CSA] will be mailed out to all stakeholders December 17, 2020.  All have 30 days to respond.  The vote to accept EU as the provider would come before the Charlotte County Commission on 4/1/2021.
 
Other information provided:
1. 2,183 potential units (including vacant lots) are included in the CSA
2. The Public Service Commission [PSC] uses 3 factors in considering justification for moving from septic to sewer:
  • Is there a need?
  • What is the applicant’s experience in utility management
  • Financial ability of the applicant
3. Time frame could be 3-5 years, with Cape Haze being first hooked up
4. Pros and cons of the two types of systems (low pressure & vacuum) are to be considered. 

EU would be able to provide 418,000 gallons/day bulk water.
 
Jack would prefer to install a vacuum system because it has less maintenance. The low pressure (grinder pump) system would initially cost less but would incur higher maintenance costs.  The vacuum system would cost more initially which could be offset utilizing grant money (for which there is supposedly a lot available). The grinder pump (low-pressure) system would require an approx. 4-1/2‘x 5’ booster pump on each property.  The vacuum system may require a lift station at the ferry landing. CLICK HERE for a simple PRIMER on the types of sewer systems used for wastewater removal.
 
Question: What is the time frame and rates?
Jack estimates1 year permitting, 1-year installation period (construction), 1 year to connect. The project will be done in phases:
Phase 1 - Cape Haze (first connected, 1-2 years for next)
Phase 2 - Don Pedro, Palm Island, Knight Island
Phase 3 - Little Gasparilla
He anticipates a 3- to 5-year window to begin and said that what takes the longest is to survey everything. The vacuum system would need to be connected all at once, but the low-pressure system can be hooked up as you go. 
RE. rates: they are hiring a financial consultant to work on fees which will be published on the PSC website.  Right now he doesn’t know.
The Resort would be purchasing bulk water only as they are already hooked up to their utility (Knight Island Utility, Inc. or KIU).
 
Question: Are you a private utility? Jack responded that 50% of utilities are private in the US. Will it cost more than Charlotte County Utilities? He can construct at the same rates as the County but can’t maintain it at the same rates. Three options to lower costs: eliminating tangible tax is a possibility – he has never seen it done in this county but it has been done in other FL counties and therefore is not impossible.  Jack is looking for grants to support setting up the connections. 
 
Question:  What entity controls the rate EU is allowed to charge?  The Florida Public Service Commission. What is the maximum profit allowable per year currently?  8.6%
 
Question:  Would connecting to sewer require destruction of old septic?  Yes, EU would be required to crush & fill in septic system at hookup.  What will the cost be? To be determined.
 
Question:  Why can’t Charlotte County be the provider for all the Islands, just like the mainland?  Charlotte County doesn’t want it. They got burned on the Rotonda Sewer Utility years ago.
 
Question:  Do we have any other options?
(1) Charlotte County is the best alternative
(2) We can form a separate utility district, which would include an elected board of directors. A Special District is a unit of local special-purpose government that operates within limited boundaries. This would combine all of the water and sewer utilities on the Islands into one entity (Water systems on LGI, Bocilla Utility, Inc., Knight Island Utility, Inc. and sewer Environmental Utilities, Inc).
 
Presentation ended at 5:49.

LGIPOA: Q&A with EU & more

12/28/2020

 
On Monday December 14th, 2020 the owners of Environmental Utilities LLC, Jack and Diane Boyer, presented a proposal to install and maintain central sewer on the Island.  The attendance was limited In size and the Zoom connection was sketchy at best.   As this was a preliminary discussion, the notes prepared were not detailed. So, we have opted to reproduce (with permission) the Q&A posted on the LGIPOA website which is far more in-depth than we could provide.  Where possible, we included Ed. Notes wherever our information diverged from theirs.


LGI Sewer Project
4 weeks ago
Below is the information we discussed with Jack and Diane Boyer, owners of Environmental Utilities (EU).  The LGPOA is sending a letter to Charlotte County to ask if it’s an option for them to install and maintain the system.  Once we get a response from the county, we will forward it to you. We are also contacting Palm Island to discuss their thoughts on the project. 
If you have any questions or concerns, please feel free to contact your district representative. [Ed. Note: individual emails removed.]

November 16, 2020
LGPOA Board invited Jack and Diane Boyer to attend a board meeting to answers questions about the LGI Sewer Project.  Following each question is the answer provided by Jack and/or Diane Boyer (Environmental Utilities, LLC).
Please note the following disclosure:  Until all engineering, permitting, and certifications are complete, no costs can be determined.  While some estimates are provided below, they are subject to change.
Q & A with Environmental Utilities LLC (Jack and Diane Boyer, owners), PART 1
​A: Q: What agency is responsible for driving the plan to upgrade our current waste treatment to a sewer system?

A: The State of Florida DEP currently is responsible for overseeing our septic systems.

Q: What is the timeframe for approval of the certification by PSC?  

A: Approval is anticipated to occur in March or April of 2021.  Environmental Utilities must prove the need, show their experience and prove financial readiness.

Q: Will there be a waste treatment plant on the island?

​A: The plan is to run the main transmission line from Don Pedro to Cape Haze to hook into the treatment plant in Rotonda West.

Q: When will installation begin on LGI?

A: Installation on LGI will begin within 4-5 years.  The project will be handled in 3 phases: 1. Cape Haze 2. Palm/Don Pedro/Knight Island 3. LGI. There are 1380 customers affected. [Ed. Note: we were given a 3- to 5-year time frame, based on the fact that we are phase 2 as compared with LGI which is phase 3. We were also told by Jack that the project involved 2,183 hookups, including non-developed properties.]

Q: Will there be grants from the county and your sources?

A: Yes.  Jack Boyer will be hiring a national firm to locate funding for homeowners who need financial assistance with their water hook-up.

Q: Why did they request to bifurcate the proceeding with the county? How can we evaluate what is being proposed if we cannot see the potential rates and fees?  Why is it confidential?  Why are your financials being kept confidential?  How can we evaluate if this information is kept from us?

A: Personal finances do not need to be disclosed publicly and are blacked out throughout the application.  Annual reports can be found on the county website.  Rates and fees will not be known until certification and permits are complete.

Q: How much will it cost to install the submerged transmission line?  How much will it cost to install infrastructure on the island?

​A: These costs have yet to be determined.

Q: Will this be mandatory?  When will it be mandatory?

A: Yes.  It will be mandatory for homeowners to connect to the sewer system within one year from the time the line is placed in front of their home.

Q: If it is mandatory, will the septic tank be required to be removed?  Is that included in the charge? And if so, are there state grants to help pay for the removal and dirt to fill the holes back in?  Do you hook up to our houses?

A: It is mandatory that each home connects to the system.   The yet to be determined cost to connect will include crushing of the existing septic tank, the pump needed to move the wastewater, connection to the home and all related maintenance and replacement of all parts outside the home.  Connection from the main line to the house is also included. 
​Q: Why is a low-pressure system being proposed instead of the vacuum system proposed in the Charlotte County master plan?

​A: Although a vacuum system has lower ongoing maintenance costs, the initial cost cannot be supported by a customer base with as few ERC’s (Equivalent Residential Connections) as ours; a low-pressure system, although more expensive to maintain over time, has a substantially smaller initial cost which can be supported by the smaller number of ERC’s.

Q: An owner purchased their home 18 months ago.  The inspection of the septic system revealed it was in very good condition.  Will they be required to hook up to the county system?
 
A: Yes, within a year of the line being placed in front of their home.


Q; For the water, billing is based on usage.  Will there be a flat fee plus usage (based on water) on our bills?

A: Yes, 80% of usage. PSC sets the rates keeping Environmental Utilities’ expenses in mind.

Q: Will this bill be quarterly like the water?

A: Yes, quarterly helps keep the expense to the customer lower.

Q: How much will it cost per home to hook up?

A: It is anticipated to cost approximately $20,000 and financing options and grants will be available.  However, final costs cannot be determined until all permits, certifications and infrastructure installation costs are known.

Q: Where will the pump stations or lift stations be located?

​A: Locations have yet to be determined.

Q: Will each condo resident be charged the same as each homeowner on the island?      
                      

A: No.  The two condo associations have a bulk sewer agreement and are exempt from the mandatory connection.  Each condo association can independently opt in or out.

Q: Are there any other options for homeowners besides hooking up to this system?

A: Not if Jack gets the certification from PSC.  Before then, LGI could petition the county to run the system for us.  Another option is to become a utility district, similar to Boca Grande, to save money in the long run on taxes and fees.  We would have to buy out Jack’s companies and build and run the system ourselves at the cost of millions of dollars. 

Q: If there is an environmental accident, will your company have the financial backing to clean it up?

A: Yes. Protocol to avoid such an occurrence will be in place to be proactive and have mechanisms in place such as back flow meters and the ability to manually pump tanks prior to, for example, a hurricane should the electric go out.

Q: What would happen if the new utility defaults on its loans or not able to financially support provision of reliable service?

A: The lender would take over the utility by going back to the county.  The utility would have to explain why it was so mismanaged under PFC regulations.
​More information on the Master Plan of Charlotte County can be found at:
https://www.charlottecountyfl.gov/core/fileparse.php/523/urlt/charlotte-county-sewer-master-plan.pdf

​If you’d like to be listed as “interested persons” on the Florida Public Service Commission docket regarding the application for Environmental Utilities to provide wastewater services in Charlotte County send a request to clerk@psc.state.fl.us. Reference Docket NO. 20200226-SU and include your email.  Be sure to request notification of informal meeting notices, FAW notices, all recommendations and final orders issued by the Commission.
[Ed. Note: the following update was posted to the LGIPOA website following a special meeting of the LGIPOA Board.]

LGI Sewer Project – Update
12.17.20

Last month we sent membership the questions and answers from our meeting with Jack Boyer from Environmental Utilities (EU).  If you missed them they are posted on the website at LGPOA.org.  Here’s what we’ve learned since then.

Early in December we spoke with Jack again via conference call to clarify some information and ask additional questions. In an effort to share the information and discuss options, the minutes of the special board meeting held 12/3/20 are below.

12/03/2020
A special meeting of the board was held to discuss Barb’s letter to Charlotte County regarding Environmental Utilities (EU). In addition to the letter, the number of comments and questions received by board members prompted Richard and Rhonda to speak to Jack to get clarification, the question and answer below is the result of their conversation.

Present: Richard Leydon, Rhonda Olson (phone), Paul Holmes, Joe Bokar, Barb Dwyer (phone), Roy Petteway (phone), Laurie Tremblay (phone).
Q & A with Environmental Utilities LLC (Jack and Diane Boyer, owners), PART 2
​Q: Where did the sewer for LGI topic begin? Does LGI have to hook up to the mainland? https://www.charlottecountyfl.gov/departments/utilities

A:  
1.    The County Sewer Master Plan (SMP) explains the need and shows the scoring system and the studies that back it up.  Link: Charlotte County SMP
2.    On the Charlotte County website look under water and wastewater.  Link:
https://www.charlottecountyfl.gov/departments/utilities/
3.    DEP – private septic systems were taken away from the health department and given to DEP (this is making individual septic more expensive to maintain).

 Q: Can the county do the project? 

A: Yes, anytime they want to buy EU out. This can happen before the certification or after.
      
Q: Is the county for profit too? 

A: The county has a utility director, he/she sets the budgets for growth, insurance and unexpected expenses with a 8-10% salary.  EU will have more expenses that the county would, the taxes and also more for the 3-man maintenance crew.  

Q: Would it be cheaper for the county to do the sewer project? 

A: EU believes he can get the construction done cheaper than the county can, but it’s too early to share exact numbers. [Ed. Note: at the PIE presentation Jack stated that he can construct at the same rates as the County but can’t maintain it at the same rates.]
Q: If we can get the county to give up on the tangible taxes it would be cheaper for us? 

A: Yes, they’ve allowed this in some counties in Florida. It is .061% on 20,000,000 (tangible taxes), plus 4.5% on EU’s income. If we can accomplish this we can reduce the cost annually for each home.

Q: We heard Palm Island Homeowners Association (PIE) is not happy about this project? 

A: He said two people on the board were against it and the rest of the board members wanted to hear what he had to say.  His meeting is scheduled for December 14th, Richard has been in contact with the PIE president and is planning on attending the meeting.

Q: Who decides what system will be used, the SMP suggests a vacuum system, EU wants to install a low pressure system?

A: The engineer decides what system will go in by what’s cost effective. The system will be built to county standards. After EU’s certification with PSC, EU will have his engineer figure the cost of the vacuum system versus the low pressure grinder pump system since many islanders have questions.

Other information gained on the call from EU:
  • There will be a letter from Jack soon, public meetings in April regarding the project and a website built for everyone’s information.
  • Once Jack is granted the certificate from PSC, anyone that makes EU use his lawyer, makes our cost go up, because we (the customers) have to pay that bill.
  • Knight Island Utility (Palm Island Resort) sent a letter of support to PSC. 
Concerns discussed:

The Sewer Master Plan targeted many areas of Charlotte County and when the State Department of Environmental Protection (DEP) took control of water quality issues it kick-started this project focusing on the governor’s recommendations to focus on the West, South, and North sectors.  Heat maps are colored coded to show prioritization and how each sector contributes to the problem.  Highest population density, age of septic systems and ground water quality were considered.

1.    Due to the length and complexity of the Master Plan, it won’t be read and suggested that to take the heat off the LGPOA and the Environmental Utility, LLC (EU), we provide a link to the 376 page County SMP pdf both on our website and the letter that will go out. 
https://www.charlottecountyfl.gov/departments/utilities/sewer-master-plan.stml

2.    Was this project started by Jack when he filed with the Public Service Commission (PSC), or was it mandated somewhere?
https://www.charlottecountyfl.gov/departments/utilities/

3.    Do the targeted areas have county or private utilities? The county can finance but EU doesn’t have the capabilities.

4.     Think of EU as a franchise when questioning if the utility can be bought or sold. Jack was granted the right to sell if he chooses to and the county has the right to purchase the rights if they choose. Currently there shouldn’t be many assets in EU. Jack previously stated the water company would sell for 12-15 million dollars or more. We would need to purchase both from Jack to make our own utility. Should we consider buying it with the other islands and running the utility ourselves like Boca Grande does? Who would build it, who would run it and what would we save? Or should we encourage the county to do so? [LGIPOA Ed. Note: see correction in “Update 12/17/2020” below]

5.    Should we contact another utility company and see if there is interest in the project?

6.    The vacuum system cost is @$20,000 per homeowner on the mainland, but Jack is not giving information or facts on what he can do it for. He doesn’t know what grants he can qualify for yet. How can he say he can do it cheaper? The master plan is based on the vacuum system.    

7.    Will Jack be purchasing easements? Jack has easements for water. If the county comes in, things may change for our island. The fight over easements will delay the process and cost us more. Once we educate ourselves and LGPOA members we should try make sure it happens peacefully and cheaply.  A fight will cost more. Education is the key to understanding why this project is in front of us.

8.    Paul and Richard will attend the Palm Island Environmental (PIE) meeting on December 14th.

9.    Why not have the county go on the record that they can purchase EU at any time? In this letter to the county ask the county if it will be cheaper per resident if they do it. Barb is drafting the letter to the county for board approval.

10. Why is Jack’s engineer being allowed to project costs for the two different systems? Do we need to hire our own engineer?

11. If an email comes into a board member it should be shared with everyone on the board. The response you make needs only four approvals by board members to respond so we can reply to the members as quick as possible.

12. How are the people in your district handling this news? Paul said from personal discussions and Facebook postings it appears the majority of the island providing input is not accepting of the sewer project and many questions were raised. Richard shared that feedback had been positive. Joe spoke to someone who was in favor because his septic needs to be replaced. Rhonda shared most admitted it was long overdue for the environment. Laurie said the biggest worry was the cost. Roy stated everyone he has talked to was against the project and they would pitch in to hire lawyers to fight the project. The rest of the board doesn’t think a lawyer is needed at this time.
Since then we’ve spoken to Jennifer Crawford at Public Service Commission (PSC)
850-320-4255, Jennifer.crawford@psc.state.fl.us.
Below are our findings:


On January 5th at 9:30am EU has a place on the agenda with PSC.
To get his certificate he needs to:
  1. Project initial rates
  2. Request the Certificate

She looked at the docket (20200226) and he does not have his information to request the certificate in yet. He needs his (1) legal descriptions together for addresses of notices and (2) notices sent 30 days prior to January 5th. He has neither done at this time.

She said that he can request a rule waiver to separate (bifurcate) the two requirements of PSC for EU (or any business asking for an original certificate). The rule waiver is done separately 30% of the time because the company doesn’t know rates yet. So Jack can ask to separate these two requirements and probably will on the 5th of January.

The soonest staff could bring the certificate portion of the application would be at the February 2nd Agenda, but that presumes a number of things: that all deficiencies are corrected, that there are no objections to the notice provided by the utility, and that the staff’s workload allows them to prepare a written recommendation in time to be filed. 

Below is the link to PSC, search docket number 20200226.
http://www.psc.state.fl.us/Conferences/CommissionConference
In order for EU to give islanders notice (which is a requirement before he can request the certificate):
  1. Each customer gets an individual notice 30 days prior to being on the agenda of PSC.
  2. Newspaper notice
Customers have 30 days from the last notice (1 or 2).  If we don’t want this to go forward we need to object to PSC in the 30 days, we can:
  1. Request an Administrative hearing (Trial in front of commissioners. Involves witnesses and discoveries). She suggests getting a lawyer if you want an Administrative Hearing, but you can see if OPC will represent you.  OPC is the Office of Public Counsel. They are made up of 5 or 6 attorneys and some accountants.  Their phone number is 850-488-9330. 
  2. Or you can sign up to comment on the agenda. If you take this route you can’t get an administrative hearing later.
Once the rule waiver is granted and the certificate is approved then he can go to DEP and CC to line up installation. 

She also confirmed that PSC controls EU’s rates.
The LGPOA sent a letter to Charlotte County Commissioners Bill Truex and Hector Flores and the Charlotte County Utilities Director on 12/8/20 asking if they would handle the project.
To:  Charlotte County Commissioner Bill Truex
To:  Charlotte County Administrator Hector Flores
To:  Charlotte County Utilities Director Craig Rudy
Re:  Wastewater System for Little Gasparilla Island

Re:  Docket Number 20200226-SU at the Public Service Commission 

Commissioner Truex, County Administrator Flores, & Utilities Director Rudy

My name is Barbara Dwyer. I represent the Little Gasparilla Island Property Owners Association (LGPOA). We have concerns about the construction, operation, maintenance and cost of the wastewater system that is in the early planning stages with Charlotte County (CC), Environmental Utilities LLC (EU)and the Public Service Commission (PSC).
The LGPOA understands Little Gasparilla Island (LGI) and the surrounding areas are environmentally sensitive and would benefit from a wastewater system to curb the nutrient runoff from aging septic systems on the island. We are aware that CC put together a comprehensive Sewer Master Plan (SMP) in 2017 to address the issues. We also realize that CC has entered into an agreement with EU to potentially build and operate this system. We understand that the areas of Cape Haze, Don Pedro/Knight Island and LGI are under the scope of the EU agreement.
EU attended a meeting with the LGPOA Board to talk about upcoming plans and answer questions. The LGPOA has a number of concerns with this project that we are asking to be considered before finalizing any plans to proceed. 
1.     The recommendations in the 2017 Sewer Master Plan (SMP) are not being followed. Though the changes were discussed, there was not a formal plan written, or at least not shared with us, giving a true expectation of cost. All questions about pricing were answered with the costs are as yet undetermined. 
2.    The low pressure grinder pump wastewater system being suggested was claimed to have lower initial costs, but have higher operation & maintenance (O&M) costs than the recommended vacuum system. We were told the current septic tanks would be pumped, crushed & filled then replaced with a grinder, pump and tank. All maintenance would be performed by EU.  A little research indicated grinder pumps cost $4-5,000 and have an average life expectancy of 8 – 10 years. The grinder pump system will place higher energy demands on the island electric grid.  Monthly & annual maintenance will have to be performed. This is an expensive proposition for homeowners if pumps have to be replaced more frequently considering the corrosive nature of salt in the sea air.
3.    Based on the 2017 SMP, the vacuum system that was recommended by CC has proven to be reliable. The capital costs associated with the vacuum system are on par with the low pressure system. The O&M costs are less. There would be minimal outfall of wastewater in case a line breaks. There would be very little Infiltration & Inflow into the system. It is likely we could get federal grants to help with the higher installation costs of the vacuum system.  The higher O&M costs of the grinder pump low pressure system would be an ongoing burden to the homeowner.
4.    Historically, any kind of work being done on LGI costs 1.5 – 3 times more than the same work on the mainland. The current barge cost to bring anything to the island is about $1200.  Adding a 15-20% profit margin on top of higher O&M costs could create problems for many of the long term residents. 
5.    On the mainland, the sewer expansion plans can be paid for over time on property taxes. The costs remain with the property. We were told there are possible federal grants to defray the costs for the initial impact fees, but we would have to pay the balance outright or get personal loans. In this case, the burden would remain with the owner at time of expansion.
6.    There are 2 condominium complexes with 132 owners on LGI. There were no provisions included for bulk customers in the agreement signed by EU with CC. Though we realize Hideaway Bay Beach Club (HBBC) is considered its own DEP permitted utility, we believe provision should be in place at the beginning of the project for this potential connection.
The LGPOA is asking if Charlotte County would be willing to maintain this project so it will be kept a public utility instead of a for-profit utility? At least then, we would not have to pay the additional 15-20% profit margin on an already expensive proposition.
Are there any other measures CC would be willing to provide or perform to help with the enormous costs of this sewer expansion project other than applying for federal grants?
As taxpayers, we ask that CC do everything they can to keep the costs down as much as possible. A wastewater plan that has an environmental impact on such a wide area should not be profitized.
We ask for the courtesy of a reply to our questions and concerns prior to the EU certification hearing with the PSC on Jan 5, 2021.
Please keep the LGPOA informed of all meetings, notices, recommendations, information and final orders with regards to the wastewater system project affecting Cape Haze/Knight Island/Don Pedro/LGI.
We also spoke to Anastacia Pirrello (850-488-9330) who is our attorney at the Office of Public Counsel (OPC). Here’s the information we learned:
Anastacia informed us that an islander asked for help from OPC to review Jack’s financial records. OPC’s accountants obtained and reviewed them. They determined that because it’s a collection system, not including a treatment system, his financials supported the sewer project.

Regarding the application for certificate on January 5th, she confirmed that Jack was sent a Deficiency Notice because he doesn’t have the legal descriptions complete, nor has he sent the notice to homeowners. He has until Friday to respond, but there will be no application for the certificate because the letters MUST be in the hands of homeowners 30 days before the hearing and no one has them yet.  She thought he would, however, separate (bifurcate) the rates from the application on January 5th. Everything she said confirmed my conversation with Jennifer Crawford (PSC attorney) yesterday.

Should there be a bidding process once he receives the certificate? She said yes, of course.  Rates are determined based on how much money the system costs.  Just because he spends money, doesn’t mean we have to pay for it if it’s crazy. It must be reasonable and prudent.  OPC will make sure a reliable contractor is hired and they will oversee the bidding process.  When EU’s engineer compares the vacuum system to the low pressure system as promised, she is making sure OPC will hire another (expert) engineer to double check the information.  She will let us know when she finds out, but she seemed pretty confident.

We asked her if she could contact the county commissioner to find out if this is mandatory (who is saying we have to do this – state, county, or no one?) She will email her findings.

We told her we sent an email to the county about their participation in the project. We asked if she knew if the county would do the work and run the utility. She said she didn’t know, but she would also ask the commissioner.  She will email her findings.

We asked her if she foresees any easement issues with this project? She said she would check on the rules and respond by email.

We also asked if we had one year to hook up once the line was going by our house and she confirmed that to be true. 

We asked about hook up from the point of connection (or the meter) compared to collapsing the tank, installing the grinder pump and hooking up the house? She said that she had only heard of “point of connection”.  She said maybe because of the low pressure system it would be different, but she didn’t think so.  We believe she’s going to check on this also.

She reminded us that we should all contact PSC and get on the list of emails pertaining to this docket. 
​
She suggested that each homeowner could send a letter or an email to our government officials listed below.
Response from Charlotte County Utility Director dated 12/9/20:
CHARLOTTE COUNTY FLORIDA 
December 11, 2020 
Ms. Barbara Dwyer LGPOA PO Box 3643 Placida, FL33946 
Re: Your email dated December 9, 2020 11:59 AM 
Dear Ms. Dwyer, 
Thank you for your correspondence on behalf of Little Gasparilla Island Property Owners Association regarding your concerns about the construction, operation, maintenance, and cost of the wastewater system that is in the early planning stages with Charlotte County, Environmental Utilities, LLC (EU), and the Florida Public Service Commission (PSC). 
The 2017 Charlotte County Sewer Master Plan highlights the need for projects to connect Knight Island Utilities and Hideaway Bay Beach Club Condominiums to the Charlotte County sewer system. As you correctly stated, connecting these two systems to the county system will greatly reduce the nutrient runoff into environmentally sensitive areas and the surrounding waters. However, what these two projects did not address, are the other homes on the islands that would still be utilizing onsite sewage treatment and disposal systems. Without further action, those privately-owned systems would continue polluting our local waters. 
Last year, EU proposed to connect the two existing developments with treatment facilities and to provide sewer service to the islands, which would remove most, if not all, of the harmful systems. The County has agreed to treat the waste once EU has piped it to the mainland. EU must apply to for its certification from the PSC and obtain easements through Don Pedro Park. EU is responsible for coordinating with property owners and the two existing utilities. 
Although the County does not have the authority to dictate what specific technology EU utilizes for its collection system, EU has formally agreed to utilize methodology and technology which meets Charlotte County Utilities current design standards. 
EU is required to adhere to all regulations as outlined by the PSC for rates and fees. All costs for the sewer project are the responsibility of EU. To promote and aid in the success of EU’s project Charlotte County Utilities is currently developing plans to extend current sewer lines to the point of connection which will reduce the overall project cost. 
At this time, it would not be prudent for the County to maintain EU’s project as requested, as EU has a pending PSC Application and an agreement with the County for bulk sewer treatment. The County will continue to publish notice regarding any Board of County Commissioners meetings at which any future agreements would be adopted. Thank you again for your correspondence. 
Sincerely, 
Craig Audy Utilities Director 
Cc: Commissioner Bill Truex, Administrator Hector Flores

Important Reminders:
Link to Charlotte County’s Sewer Master Plan:
Charlotte County’s Sewer Master Plan

Reference docket number 20200226-SU in any of your correspondence.

If you’d like to be listed as “interested persons” on the Florida Public Service Commission docket regarding the application for Environmental Utilities to provide wastewater services in Charlotte County send a request to clerk@psc.state.fl.us. Reference Docket NO. 20200226-SU and include your email.  Be sure to request notification of informal meeting notices, FAW notices, all recommendations and final orders issued by the Commission.

You can also email PSC to make your comments known and shared at: contact@psc.state.fl.us

OPC suggested contacting our senators and house representative regarding your thoughts on this matter:
Senator Joe Gruters:       
(941) 378-6309 
Email the Senator                

Senator Ben Albritton – he is not our Senator, but he lives close by and has spent time on LGI.
(863) 534-0073
Email the Senator

Representative Michael Grant
(941) 613-0914
Michael.Grant@myfloridahouse.gov 
Update 12/17/2020:
In the LGI Sewer Project Update sent out and posted on 12/15/20 we misunderstood Jack in the 12/03/20 Special Board Meeting information under Discussion, point #4 and need to clear that up.

​Once reading the LGPOA’s information Jack called to correct our statement.  He said if we were to form a utility district/not for profit he would guesstimate it could be done for less than 11,000,000, which would combine all water and wastewater.  He said we would have considerable savings after bonding and merging the companies because there would be no management operation costs, tax savings and no property taxes, etc. He also said the 11,000,000 bond could be paid for out of existing rates. If the homeowners chose this direction, a committee would need to be formed and financial advisors hired to work out the details.  He said everything else looked great.

A Basic Primer on Sewer Systems

12/21/2020

 
       Most of us do not think much about what happens after we flush the toilet.  But there is a world of infrastructure out there that may come with a $20,000.00 price tag per Island household in the near future.
      To be well informed about the issue, we thought we would begin with a brief primer on central sewer. These are the three types of central sewer systems, all of which are used to transport raw sewage through pipelines to a treatment facility.
      Gravity sewers use large pipes trenched in a slow downgrade to move sewage.  They are used in extreme high-density areas, such as you would find in major cities and municipalities – not applicable on the Island.
      A Vacuum Sewer system maintains a partial vacuum inside the pipe network and vacuum station.  A single central vacuum station (also called a lift station) can collect the wastewater of several thousand individual homes, depending on terrain and the local situation. Vacuum systems can be found in flat areas which have a high water table. Pipework is laid relatively flat in the ground and the whole intention of this type of system is to ensure that construction remains as shallow as possible. This reduces costs, time and environmental impacts.
      Low Pressure Sewer Systems (Grinder Pumps) use a small pump station located at each house to move wastewater through the transmission system. Low-pressure systems (grinder pumps) can often be used when connecting outlying homes or developments to municipal central sewer. However, there are downside considerations with grinder pumps:
  • Power Use. In a power outage there is no back-up power supply available, leaving the community without service for as long as it takes to rectify power. Both gravity pump stations and vacuum pump stations can be provided with a back-up generator ensuring no loss of service.
  • Septicity. In seasonal communities or in staged private developments sewage can sit in a force main for a considerable time before getting to the treatment plant.
  • Access. Generally, grinder pumps are situated on private property. For any repairs or replacements utility operators are required to go onto homeowners property to do any maintenance which may result in sewage spilling over gardens or lawns. Access may also prove problematic if there are dogs or after dark. All gravity and vacuum sewer infrastructure is on public land so no access is required. Pumps located within the property can be costly if easements are required to be paid for by the County.
      The following is a table of comparison between low-pressure systems (grinder pumps) and vacuum system, Please note that the information in the cost section is a generalized, nationwide cost estimate and can be expected to be out-of-date and/or not applicable to our Island.

​​Sewer System Comparisons: Vacuum or Low Pressure Pumps
POWER REQUIREMENTS
VACUUM SYSTEM
​

Power is required only at the Pump Station, so a back-up generator can be supplied if required. A single pump station is usually all that is required to cover a large area, thus reducing overall power costs versus gravity.
Pumps only run on average 3 hours per day so power use is lower than alternative systems.
LOW PRESSURE SYSTEM

​Grinder pumps require power at each unit. The panel is usually installed on the side of the house and power paid by the homeowner. Existing houses may need to upgrade electrical mains and power board.
Some pumps require constant power.
Systems that require transfer pump stations will require high total power use.

CONNECTIONS
VACUUM SYSTEM

​
Usually 4-6 homes are connected to a single collection pit, though larger flows from a gravity area can be accommodated into a multiple collection pit. Hotels, schools and high flow areas can be serviced.
LOW PRESSURE SYSTEM

​One pump is required per house. If the house is large or commercial flows anticipated then a larger capacity pump may be required. ​Camping grounds and high flow situations are not recommended.

EXFILTRATION
VACUUM SYSTEM

Since vacuum is maintained within the mains at all times there is no chance of exfiltration of sewage. Operators are immediately alerted of a leak in the main due to longer vacuum pump run times and the leak can quickly be found and repaired.
LOW PRESSURE SYSTEM

As all pipework is under pressure then a break in the pipe will lead to large exfiltration. Not suitable in environmentally sensitive areas.

INFILTRATION
VACUUM SYSTEM

​As it is a vacuum tight system, infiltration cannot occur.
LOW PRESSURE SYSTEM

As it is a pressurized system infiltration cannot occur.


MAINTENANCE
VACUUM SYSTEM

If service is required a single operator takes on average 10-15 minutes to complete any service required. No special equipment is required. MTBSC = 20 Years.
Parts costing approx. $200 required for the interface valve each 10 years.
As all services are on public property accessibility is not a problem.
​10 Year warranty is supplied
LOW PRESSURE SYSTEM

Most callouts require the pump to be lifted out. An electrician is needed to be part of the service team. Access is difficult as all equipment is on the homeowner’s property.
MTBSC =8 years
One Year warranty only supplied for certain components.
Sand and Grit will cause faster wear on the grinder cutters.
If it is in a high flow situation some parts may require annual change.

COST
​VACUUM SYSTEM

100 lots = $10,000
500 lots = $6,000
1,000 + lots = $2,500
​LOW PRESSURE SYSTEM

$8,500-$12,000 per lot though in some country areas as high as $18,000 per lot.

Roads Kill

6/3/2020

 
Several Islanders had noticed that a posting had mysteriously appeared on the bulletin boards: graphic photos of dead gopher tortoises, killed within a span of a few days.  On May 27th the PIE Board heard from Kjell Plotkin, founder of the Gopher Tortoise Conservation Team.  She revealed that she had posted the notices. And the Board offered full support of her action.

“I was aggravatingly motivated after receiving phone calls and of residents knocking on my door dramatically upset, wanting to report to someone what they saw and asking what they should/could do” she said in an email to the Board. “Please do not misunderstand, I do not mind the calls or knocks, I mind the monstrous people who have no regard for the life of these animals.”

She went on to say that she promptly grabbed her shovel, container and cleaned up the remains of both tortoises. Kjell then jotted down the appropriate information for the records that the Gopher Tortoise Conservation Team keeps and disposed of the tortoises.

“Both were run over by CARS. They were not even near the edge of the road.” She went on to explain “It is unfathomable that people don't stop when they hear or feel the thud.”

Florida law prohibits any person from killing or wounding gopher tortoises, which are protected as threatened in the state. Violating the law is a third-degree felony and punishable by up to five years in prison, a $5,000 fine or both.
 
Anyone with information should contact the Florida Fish and Wildlife Conservation Commission.  Incidents can be reported online or call 888-404-FWCC (3922). Cellphone users can also call *FWC or #FWC or send a text to Tip@MyFWC.com.

As a result of the incident, Kjell created a friendly educational hand-out about the Gopher Tortoise with the intent of asking island rental agents as well as the Resort to include them in rental sign-in packs.  The PIE Board will be discussing other ways to improve local education about tortoises. Ideas include reaching out to Island builders and landscape maintenance companies to ask their workers to drive carefully and also focusing on getting the membership and all homeowners to remind all vendors and service technicians (A/C and pool maintenance, pest control) to SLOW DOWN on our roads. 

Call for emails preceeding BCC vote 12.10.2019

11/22/2019

 
For the past 3 years, Kelley Enterprises has been the County subcontractor responsible for road grading and maintenance. The majority of Islanders feel that presently the upkeep of our roads has never been better. 

However, Gator Paving & Grading is selected for the next 1-year contract for maintenance of our sand roads. At this time, the base contract calls for 12 cycles of grading – which could mean only one grading per month -- at a time and date that the contractor chooses. 

We islanders have no control over how many "extra" trips the future contractor will make. Any time a resident calls the County and complains about the roads, the Public Works department could order an extra service and charge it to our taxing unit. The estimated mobilization fee for Gator Grading & Paving to bring equipment and personnel to the Island is $3500. Kelly’s is $225.

Our maintenance and grading is paid exclusively through the “Roads & Bridges” MSTU. No part is paid through County general funds.

The County is bound by rules and regulations that govern the award of contracts, to provide accountability for the spending of our tax dollars. However, our circumstances may require extra consideration. 

Many Islanders feel that we should continue with the current contractor and maintenance system. Commissioner Truex is working to assist us with this issue.  But he needs our support.  We need to make a strong case for Kelley Enterprises’ responsiveness and efficiency, and that the system in place at this time provides excellent service to the Island stakeholders.

We are asking all Islanders who support keeping Kelly Enterprises to send an email to Commissioner Truex urging that the incumbent contractor, Kelley Enterprises, be awarded the contract for annual road grading even though they were underbid by Gator Paving & Grading. CLICK HERE for a sample list of bullet points for those of you who would like to participate.

You can email Bill Truex at: bill.truex@charlottecountyfl.gov

Thank you,
The PIE Board of Directors
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