PIE Action is driven by the PIE Action Committee and is supported by the PIE Action Fund. The Fund was established in 2003 to help PIE prevent a private utility from installing central sewer on the Island. We are now engaged in the same fight. Please give generously to assist PIE with attorney fees and other related expenses. SCROLL DOWN TO MEET THE COMMITTEE and READ ABOUT OUR ACHIEVEMENTS
CONGRATULATIONS! to the PIE Action Committee on their victory at the Public Service Commission.
The committee has devoted countless hours to the Central Sewer issue over the past two years. Their tireless efforts have produced the result that the Island community has been hoping for: the denial of EU's application for certification of a wastewater utility on the Islands. We sincerely hope that the case closes with the docket.
THE PIE ACTION COMMITTEE
LINDA COTHERMAN (Chair) Former general contractor, project manager for Giffels Webster civil engineering and surveying firm, septic tank and drain field designer/installer, Linda also holds an AS degree in Paralegal Studies.
THERESA BLANCO Theresa is an attorney currently practicing with Shrager & Sachs in Philadelphia, PA.
LYNNE PETERSEN Lynne is President of a statewide real estate association and has done association management and government affairs for the last 30 years.
HEATHER STOUT Heather, former Regional Director of a property management company, is a knowledgeable water quality activist.
Updated 12.20.21 PIE Action Committee Achievements to Date:
We ebombed the PSC for our first victory
In January, the PSC could have approved the Certificate without EU providing to the PSC and the affected parties estimated rates and charges associated with sewer installation and maintenance, including connection fees and the monthly rates owners could expect when they were mandated to hook up to the system.
P.I.E. moved quickly to send out a CALL TO ACTION to members asking them to send letters to the PSC to object to the separation of the rate/cost information from certification. P.I.E. and its members were successful in flooding the PSC with hundreds of objection letters which caused the PSC to deny the Motion to Bifurcate.
We partnered with Cape Haze to hire an attorney
But on March 8th, EU removed Cape Haze from the proposed service area. This left a smaller number of residents to spread the overall costs of the sewer system. P.I.E. has now alone assumed the financial burden of representation at the PSC Hearing.
We reached out to the Office of Public Counsel
P.I.E. encouraged the OPC in Tallahassee to intervene in the certification process. While the OPC’s participation is limited to addressing the fairness of the rates and tariffs, on September 24th, the OPC “on behalf of the citizens of Florida” officially become a Party of Record.
We had a big win in October at the PSC
In August, EU petitioned the PSC to "find that based up [sic] the Charlotte County Sewer Master plan that there is a need for central wastewater service in the proposed service area". If granted, then P.I.E. and the other Intervenors could not challenge any details of the Sewer Master Plan and EU would have established one of the most formidable criteria for their bid to sewer the Islands. Working with experts in the fields of water quality and land use, our attorney Brad Kelsky and the PIE Action Committee developed arguments sufficient to influence the PSC staff to recommend denial of this request. On Tuesday October 12th, the PSC followed the staff recommendation and denied the Motion.
The PIE Action Fund Appeal
P.I.E. has been working to ensure that the private utility company, Environmental Utilities LLC, (EU) will be denied approval from the Florida Public Service Commission (PSC) to install and operate a central sewer system on our Island.
With the EU sewer proposal, the County is in effect abdicating their responsibility to taxpayers to a new LLC that has no expertise to oversee this expensive infrastructure effort. Under this scenario, there is no recourse and no protection for islanders against any potential costly errors. While the County has purchasing and legal support for large capital projects, EU is a new unproven LLC with limited access to these crucial services.
To date P.I.E. has raised nearly $50,000 of our $85,000 goal. We are now asking you to join us with a substantial contribution. As this is a significant effort, a suggested donation of a minimum of $300 per household is requested. All donations will be accepted for this important cause. These funds will pay for the attorney fees and expert witnesses that will be needed to prevail.
Our donation request is a small amount compared to being hit with a five-figure bill to hook up to a system operated by a new limited liability company. When small, privately-owned utility companies have critical system failures the financial impact to the customers is significant. Charlotte County has plans within a 10-year window to bring a central wastewater system to the area which we believe will be a better option for all Islanders.
If you have already donated the minimum and beyond, please accept our gratitude. Your support has enabled us to get this far, and we hope that you will continue to support our efforts in the future.
To donate to the legal fund, go to News/Sewer & Utilities Reporting. Here, P.I.E. has a complete timeline of events that have occurred with this issue, as well as links to documents. Or you may send a check payable to “P.I.E. Action Fund” to P.I.E., PO Box 3151, Placida FL 33946. P.I.E. remains committed to keeping everyone informed throughout this effort. If you have not been “docket watching” with the Public Service Commission on a regular basis, let us share some information below.
Background Information
In October of 2020 Environmental Utilities LLC (EU), began the process of applying for a Certificate of Authorization with the PSC for the proposed sewer system which would serve Little Gasparilla Island (LGI) and Cape Haze (CH) in addition to Don Pedro/Knight Island.
U also submitted a confidential financial statement and requested bifurcation of rate/cost information from the certificate. This means that the PSC could approve the Certificate without EU’s financials being required to be available to the public and affected parties. This is information which would include the only details on what the installation cost would be, the extent of hook-up costs, or what rates owners would pay when they are mandated to hook up to the system. On December 17, 2020 EU mailed out required notices to affected homeowners informing them of the plan to install the wastewater treatment facilities. This notice gave homeowners 30 days to comment or object to the EU plan.
Initial concerns arose when many residents did not receive the required notice that a sewer system was being proposed. At P.I.E.‘s January membership meeting a motion was approved for the Board to hire an attorney to fight the granting of the Certificate to EU to extend sewer to the Island.
P.I.E. also moved quickly and sent out a CALL TO ACTION to members asking them to send letters to the PSC to object to the separation of the rate/cost information from certification. P.I.E. and its members were successful in flooding the PSC with hundreds of objection letters which caused the PSC to deny the Motion to Bifurcate.
P.I.E. then partnered with the Cape Haze HOA to hire an attorney and prepare for the PSC’s Administrative Hearing for the application. On March 8, EU filed a motion toremove Cape Haze from the proposed service area. This leaves a smaller number of residents to spread the overall costs of the sewer system and will impact the timeline for the anticipated rate/cost information that will be submitted to the PSC.
While P.I.E. has had initial successes in fighting EU’s lack of transparency related to the costs and rates of the project, we are early in what will likely be a long, costly legal process. P.I.E. has filed objections with the PSC that are based on the following:
financial capability of EU,
the lack of experience for a project of this scope,
low population density, and
the lack of detailed studies of this area.
For P.I.E. to be able to continue this legal battle, we need all residents of the Island and all members of P.I.E. to donate to the Action Fund. We will accept any and all contributions but in view of the critical nature of this issue we are asking each household to donate at least $200. We acknowledge all of our sponsors on the P.I.E. website. If you would prefer not to be named in giving categories, please let us know and you will be listed as an “Anonymous Donor”.
If you have further questions, please do not hesitate to reach out to me or any of the P.I.E. committee members listed above. Working together, we have a powerful, united voice that will be heard by the Public Service Commission down the line.
But we can’t do it without your financial support. Please use the easy "Donate Now" button at the top of the page or you may send a check payable to: P.I.E. Action Fund, PO Box 3151, Placida FL 33946. Thank you, Meryl Schaffer, President and the P.I.E. Action Committee Linda Cotherman (Chair) Theresa Blanco Lynne Petersen Heather Stout PAC-Fundraising Candyce Cohen Cori Palmere