Below you will find materials regarding the proposal from Environmental Utilities LLC to install central sewer on the Island. PIE encourages all stakeholders to be pro-active and keep informed about this important issue.
|
THE PIE ACTION 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, expert witnesses and other expenses.
|
NOTE: You do not need a PayPal account to use this feature. You may process a secure 1-time check out as a guest. Or if you prefer, you may send a check payable to PIE Action Fund to:
PIE, PO Box 3151, Placida, FL 33946. |
Please note that PIE is a 501(C)4 organization and contributions are not tax deductible.
The Administrative Hearing: What to Expect
The Administrative Hearing for EU's central sewer application will take place over two days. There are 2 parts to the Hearing: 1) The Technical Hearing and 2) The Customer Service Hearings. Here is a breakdown of what to expect at the Technical Hearing.
THE TECHNICAL HEARING
Tuesday, February 8, 2022, starting at 10:00 a.m.
Robert L. Anderson Administration Center,
Commission Chamber
4000 South Tamiami Trail Venice, Florida
Robert L. Anderson Administration Center,
Commission Chamber
4000 South Tamiami Trail Venice, Florida
-
This is the courtroom drama portion of the hearing. The parties that will be participating in the Technical Hearing are:
1. EU (represented by Martin Friedman and John L. Wharton of Dean Mead Law Firm, Esquires)
2. PIE (represented by Brad Kelsky, Esquire)
3. Linda Cotherman
4. The Office of Public Counsel (represented by Richard Gentry and Anastacia Pirrello, Esquires)
5. The PSC Staff (Jennifer S. Crawford and Ryan Sandy, Esquires)
6. Advisor to the Public Service Commission (Mary Anne Helton, Esquire, Deputy General Counsel)
Each of the parties will be giving a brief opening statement. Then each side will present their witnesses.
FIRST: DIRECT TESTIMONY
Each of the witnesses have already filed Direct Testimony with the PSC, including Exhibits to support their arguments. So, at the Technical Hearing, each witness will have up to 5 minutes to summarize their direct testimony. After the summary, they will be subject to cross-examination. This is the order of appearance of the witnesses:
IN SUPPORT OF THE APPLICATION (EU)
John R. Boyer (EU Owner/Operator)
Jonathan H. Cole (Engineer)
Deborah D. Swain (Accountant)
OPPOSED TO THE APPLICATION (PIE)
Meryl Schaffer (PIE President)
Ellen Hardgrove (Land Use Expert)
Robert Weisberg (Water Quality Expert)
Stephen J. Suggs (Engineer)
OPPOSED TO THE APPLICATION (Independent)
Linda Cotherman
In this procedure, "friendly" cross-examination will not be allowed. So, for example, PIE's attorney may only cross-examine the witnesses from EU and the attorneys from Dean Mead may only cross-examine the witnesses from PIE and Linda Cotherman.
NEXT: REBUTTAL TESTIMONY
Following the Direct Testimony, three witnesses will present their rebuttal testimony: Again, the rebuttal testimony was pre-filed with the PSC before the hearing. But this is the opportunity for the opposition to cross-examine these witnesses again, based on their rebuttal testimony.
1. John R. Boyer
2. Jonathan H. Cole
3. Deborah D. Swain
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.
If you cannot attend the hearings on 2/8 & 9, you can watch or listen to the proceedings on the live video broadcast the day of the hearings. Go to the Commission website at www.FloridaPSC.com. Look for the “Watch Live Broadcast” icon on the left side of the homepage. An audio only option is available by dialing 850-413-7999. The archived video will also be available after the hearings.
This is the courtroom drama portion of the hearing. The parties that will be participating in the Technical Hearing are:
1. EU (represented by Martin Friedman and John L. Wharton of Dean Mead Law Firm, Esquires)
2. PIE (represented by Brad Kelsky, Esquire)
3. Linda Cotherman
4. The Office of Public Counsel (represented by Richard Gentry and Anastacia Pirrello, Esquires)
5. The PSC Staff (Jennifer S. Crawford and Ryan Sandy, Esquires)
6. Advisor to the Public Service Commission (Mary Anne Helton, Esquire, Deputy General Counsel)
Each of the parties will be giving a brief opening statement. Then each side will present their witnesses.
FIRST: DIRECT TESTIMONY
Each of the witnesses have already filed Direct Testimony with the PSC, including Exhibits to support their arguments. So, at the Technical Hearing, each witness will have up to 5 minutes to summarize their direct testimony. After the summary, they will be subject to cross-examination. This is the order of appearance of the witnesses:
IN SUPPORT OF THE APPLICATION (EU)
John R. Boyer (EU Owner/Operator)
Jonathan H. Cole (Engineer)
Deborah D. Swain (Accountant)
OPPOSED TO THE APPLICATION (PIE)
Meryl Schaffer (PIE President)
Ellen Hardgrove (Land Use Expert)
Robert Weisberg (Water Quality Expert)
Stephen J. Suggs (Engineer)
OPPOSED TO THE APPLICATION (Independent)
Linda Cotherman
In this procedure, "friendly" cross-examination will not be allowed. So, for example, PIE's attorney may only cross-examine the witnesses from EU and the attorneys from Dean Mead may only cross-examine the witnesses from PIE and Linda Cotherman.
NEXT: REBUTTAL TESTIMONY
Following the Direct Testimony, three witnesses will present their rebuttal testimony: Again, the rebuttal testimony was pre-filed with the PSC before the hearing. But this is the opportunity for the opposition to cross-examine these witnesses again, based on their rebuttal testimony.
1. John R. Boyer
2. Jonathan H. Cole
3. Deborah D. Swain
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.
If you cannot attend the hearings on 2/8 & 9, you can watch or listen to the proceedings on the live video broadcast the day of the hearings. Go to the Commission website at www.FloridaPSC.com. Look for the “Watch Live Broadcast” icon on the left side of the homepage. An audio only option is available by dialing 850-413-7999. The archived video will also be available after the hearings.
THE CUSTOMER SERVICE HEARINGS
Tuesday, February 8, 2022, starting at 6:00 p.m.
Wednesday, February 9, 2022, starting at 9:30 AM
Robert L. Anderson Administration Center,
Commission Chamber
4000 South Tamiami Trail Venice, Florida.
Wednesday, February 9, 2022, starting at 9:30 AM
Robert L. Anderson Administration Center,
Commission Chamber
4000 South Tamiami Trail Venice, Florida.
The Customer Service Hearings are the opportunity for prospective customers of the Utility to speak to the Commissioners about this sewer application. There will be two customer service hearings.
You can sign up to speak once for up to 3 minutes at EITHER hearing listed below. We are encouraging everyone to speak, even if it's just to say, "I oppose this application" or "I can't afford this." The Commissioners are coming here from Tallahassee to hear from YOU. Let's make it worth their while.
You can sign up to speak when you arrive at the hearing. Speakers will be called in the order they signed up.
You can sign up to speak once for up to 3 minutes at EITHER hearing listed below. We are encouraging everyone to speak, even if it's just to say, "I oppose this application" or "I can't afford this." The Commissioners are coming here from Tallahassee to hear from YOU. Let's make it worth their while.
You can sign up to speak when you arrive at the hearing. Speakers will be called in the order they signed up.
Other things to be aware of:
1. Some folks have pre-registered in advance of the hearings, so if you sign up at the Hearing you will be later in the order.
2. It's rare, but the parties or the Commissioners may ask questions of the speakers about their comments.
Please email us at pie@palmislandestates.org if you will be attending and if you are registering to speak. This will help us monitor attendance and encourage more folks to speak. And we're always happy to answer any questions you may have.
1. Some folks have pre-registered in advance of the hearings, so if you sign up at the Hearing you will be later in the order.
2. It's rare, but the parties or the Commissioners may ask questions of the speakers about their comments.
Please email us at pie@palmislandestates.org if you will be attending and if you are registering to speak. This will help us monitor attendance and encourage more folks to speak. And we're always happy to answer any questions you may have.
PSC Conference Videos
|
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]
|
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.
|
|
Archived Articles on this Website
|
Related Links and Documents
| ||||||||||||||||||
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)
12.23.20
CENTRAL SEWER: Background
In October of 2016, Charlotte County hired consultants Jones Edmunds & Associates to develop a Sewer Master Plan which addressed water quality, wildlife impacts, impact on tourism, comparisons to neighboring areas, cost assessments. They then prioritized areas of concern.
Knight & Don Pedro Islands landed in the first 5 years of the 20-year utilities improvement plan. This was a result of scoring results in the following categories:
At a County Commission meeting held on 1/30/2018 regarding the Septic to Sewer (S2S) subject, there was a presentation from CCUD (Charlotte County Utilities Department) with an overview and funding requests. The Commissioners voted to appropriate funds and begin converting to sewer in 3 areas: El Jobean East, Crestview Circle, and Ellicott Circle.
These three areas alone were estimated to take three years to complete, and the projects are currently behind schedule. Both CCU and the County Commission acknowledged that the 5-, 10-, and 15-year time frames were likely too aggressive. However, they were and are still committed to keep moving forward as quickly as possible.
Palm Island Resort has its own discreet water and wastewater system, Knight Island Utilities (KIU). KIU is a privately-owned utility and were facing large expenditures to keep their system updated to regulation specs for permitting. KIU has not operated under a County permit since 2016. At the time of the release of the Sewer Master Plan, KIU was already negotiating for a bulk sewer service agreement with CCUD. According to Diane Whidden, Assistant to Commissioner Truex, in 2017 they abandoned their existing wastewater treatment facility and asked Charlotte County to provide bulk sewer treatment. This is what Charlotte County agreed to do for Environmental Utilities as well – treat the sewage once it is piped to the mainland. Charlotte County has no interest in purchasing private utilities because of the substantial upgrade costs that were incurred in their past experiences.
Fast forward to April 8th, 2019. Jefferey Jacobsen, representing the Board of KIU, came to the PIE Board with a presentation and discussion of a “special district” for an Island-wide wastewater utility. After general questions were submitted by the board and subsequently answered, at the June PIE Board meeting it was determined that PIE could not endorse moving forward with an attorney to explore creation of a utility special district. Few individuals are familiar with the special district structure, most often confusing it with an MSBU or MSTU taxing unit.
On July 14th, 2020, the Charlotte County Board of Commissioners approved a Bulk Sewer Treatment Agreement with Environmental Utilities LLC (EU), a privately-owned wastewater utility company. The owners of the company are Jack and Diane Boyer, former Knight Island residents. Jack Boyer is also owner/operator of Little Gasparilla Water Utility, Inc.
EU has submitted a preliminary application with the Public Service Commission (PSC), the regulatory agency charged with oversight of water and wastewater utilities. The first part of the certification process is providing legal notice to the stakeholders in the proposed service area. The letter of legal notice was dated December 17th, 2020 and has begun to arrive in our PO boxes and mailboxes. We now have 30 days to respond to the notice.
If you’d like to be listed as “interested persons” on the PSC's 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. This will put you on their email list to receive updates when any action is taken on EU's application. Be sure to request notification of informal meeting notices, FAW notices, all recommendations and final orders issued by the Commission.
Both individuals and organizations are entitled to file objections with the PSC to the provision of sewer service by the applicant, but they must be filed within 30 days of the receipt of notice.
CLICK HERE for a simple PRIMER on the types of sewer systems used for wastewater removal.
CLICK HERE for detailed information and Q&A with EU from the Little Gasparilla Property Owners Association.
CENTRAL SEWER: Background
In October of 2016, Charlotte County hired consultants Jones Edmunds & Associates to develop a Sewer Master Plan which addressed water quality, wildlife impacts, impact on tourism, comparisons to neighboring areas, cost assessments. They then prioritized areas of concern.
Knight & Don Pedro Islands landed in the first 5 years of the 20-year utilities improvement plan. This was a result of scoring results in the following categories:
- Proximity to water and water tables (score:5),
- Density of septics per acre (score: 5),
- Water testing in the general area (score:5)
- Age of current septic systems (score:4)
At a County Commission meeting held on 1/30/2018 regarding the Septic to Sewer (S2S) subject, there was a presentation from CCUD (Charlotte County Utilities Department) with an overview and funding requests. The Commissioners voted to appropriate funds and begin converting to sewer in 3 areas: El Jobean East, Crestview Circle, and Ellicott Circle.
These three areas alone were estimated to take three years to complete, and the projects are currently behind schedule. Both CCU and the County Commission acknowledged that the 5-, 10-, and 15-year time frames were likely too aggressive. However, they were and are still committed to keep moving forward as quickly as possible.
Palm Island Resort has its own discreet water and wastewater system, Knight Island Utilities (KIU). KIU is a privately-owned utility and were facing large expenditures to keep their system updated to regulation specs for permitting. KIU has not operated under a County permit since 2016. At the time of the release of the Sewer Master Plan, KIU was already negotiating for a bulk sewer service agreement with CCUD. According to Diane Whidden, Assistant to Commissioner Truex, in 2017 they abandoned their existing wastewater treatment facility and asked Charlotte County to provide bulk sewer treatment. This is what Charlotte County agreed to do for Environmental Utilities as well – treat the sewage once it is piped to the mainland. Charlotte County has no interest in purchasing private utilities because of the substantial upgrade costs that were incurred in their past experiences.
Fast forward to April 8th, 2019. Jefferey Jacobsen, representing the Board of KIU, came to the PIE Board with a presentation and discussion of a “special district” for an Island-wide wastewater utility. After general questions were submitted by the board and subsequently answered, at the June PIE Board meeting it was determined that PIE could not endorse moving forward with an attorney to explore creation of a utility special district. Few individuals are familiar with the special district structure, most often confusing it with an MSBU or MSTU taxing unit.
On July 14th, 2020, the Charlotte County Board of Commissioners approved a Bulk Sewer Treatment Agreement with Environmental Utilities LLC (EU), a privately-owned wastewater utility company. The owners of the company are Jack and Diane Boyer, former Knight Island residents. Jack Boyer is also owner/operator of Little Gasparilla Water Utility, Inc.
EU has submitted a preliminary application with the Public Service Commission (PSC), the regulatory agency charged with oversight of water and wastewater utilities. The first part of the certification process is providing legal notice to the stakeholders in the proposed service area. The letter of legal notice was dated December 17th, 2020 and has begun to arrive in our PO boxes and mailboxes. We now have 30 days to respond to the notice.
If you’d like to be listed as “interested persons” on the PSC's 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. This will put you on their email list to receive updates when any action is taken on EU's application. Be sure to request notification of informal meeting notices, FAW notices, all recommendations and final orders issued by the Commission.
Both individuals and organizations are entitled to file objections with the PSC to the provision of sewer service by the applicant, but they must be filed within 30 days of the receipt of notice.
CLICK HERE for a simple PRIMER on the types of sewer systems used for wastewater removal.
CLICK HERE for detailed information and Q&A with EU from the Little Gasparilla Property Owners Association.
If you would like to be listed as an “interested person” on the PSC's 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. This will put you on their email list to receive updates when any action is taken on EU's application. Identify yourself as a property owner within the proposed service area and be sure to request notification of informal meeting notices, FAW notices, all recommendations and final orders issued by the Commission.
More information is available at the PSC website Docket # D20200226:
https://www.floridapsc.com/ClerkOffice/DocketFiling?docket=20200226
https://www.floridapsc.com/ClerkOffice/DocketFiling?docket=20200226