20070521Fassino rebuttal.pdf

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May 18, 2007
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 W. Washington Street
Boise, Idaho 83720
Re:Case No. UWI-06-
Dear Ms. Jewell:
Enclosed for filing, please find nine (9) copies of the testimony of Thomas Fassino. A
computer disc containing the testimony is also enclosed. Also enclosed for filing are nine
(9) copies of Kastera LLC's First Supplemental Response to City of Eagle s First
Production Requests.
Very Truly Yours
Kastera Development, LLC
TCM/bb
Enclosures
372 S. Eagle Road, Suite 375, Eagle, Idaho 83616 Tel: [phone] Fax: [phone] www.KASTERA.com
Tom C. Morris, ISB No. 2974
Kastera LLC
15711 Highway 55
Boise, Idaho 83714
[phone]
tom morris~kastera.com
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE APPLICATION
OF UNITED WATER IDAHO INC. TO
AMEND AND REVISE CERTIFICATE OF
CONVENIENCE AND NECESSITY NO. 143
CASE NO. UWI-O6-
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
REBUTTAL TESTIMONY OF THOMAS F ASSINO
May 18, 2007.
Thomas Fassino
Kastera LLC
Page 1
Please state your name and business address?
Thomas Fassino, 8850 Emerald St., Suite 164, Boise, Idaho, 83704.
Please describe your employment with Kastera LLC?
I am currently employed by Kastera Homes LLC, a subsidiary of Kastera LLC
Kastera ) as a land use planner. I have worked on the Trailhead development for almost
two years now.
Have you reviewed the Direct Testimony ofNichoel Baird Spencer?
Yes.
On page 3, lines 19 thru 23, Ms. Spencer says
, "
However, some of the identified
landowners backed out, in part, because they could not get Kastera to explain or commit
how the development was to be done. The landowners were concerned about traffic
densities, and other matters. Because they could not get clear explanations from Kastera
they decided not to complete their annexations." Do you agree with her testimony?
No. I believe her testimony mischaracterizes the decision of the Triple Ridge
homeowners who decided not to be annexed. I met with Darryl Cernusak and Mike
Ferrera, representing Triple Ridge homeowners, on a number of occasions to discuss the
Trailhead project and its potential impact on the Triple Ridge Subdivision. The last time I
met with Darryl and Mike was on January 22, 2007. Immediately thereafter on January
2007, Darryl sent a letter on behalf ofthe three affected homeowners to City of Eagle
representatives, outlining why they did not want to be annexed. (*Note - the City
Eagle is currently searching for a copy ofthis letter). I believe the letter expresses that the
homeowners were simply not comfortable with the whole planning process. I do not
believe there is any reference to Kastera not providing them with information or
Thomas Fassino
Kastera LLC
Page 2
commitments about the Trailhead development. On the contrary, I believe the letter
actually praises Kastera for their openness in the process. It is my belief that the decision
by Triple Ridge homeowners not to seek annexation had more to do with their conclusion
that the result of annexation would be higher taxes for homeowners without any
appreciable increase in services.
Have you reviewed the Direct Testimony of Mayor Nancy Merrill?
Yes.
On page 2, Lines 11 thru 14, Mayor Merrill claims that the Trailhead
development is included in the City s Master Water Plan. Is that the case?
, only 120 of the total 660 acres are included in the City's Master Water Plan.
The remaining 540 acres are not now, nor have they ever been, included in the City'
Master Water Plan.
Mayor Merrill references that the Trailhead property is included in the City'
comprehensive plan for future planning purposes. Is the Trailhead property currently also
included in Ada County s planning?
Yes. The City's comprehensive plan is only a proposal and has not been adopted.
Ada County has also included the Trailhead property in its master planning. The City and
the County have competing plans for this property.
Does the City of Eagle have a legal basis to force Kastera to seek annexation into
the City?
No. There is no law or ordinance that requires Kastera to annex into the City in
order to develop its Trailhead property. The City is seeking to indirectly do what it
Thomas Fassino
Kastera LLC
Page 3
cannot directly do. By requiring Kastera to seek annexation in order to get water to its
project, the City is attempting to force annex the Trailhead development.
Do you think the discussion regarding annexation is relevant to who should
provide water to the Trailhead project?
I believe it is entirely irrelevant. If Kastera obtains water for its project from
United Water, the City can still maintain the core values and concepts that make Eagle
what it is today. These so called core values are wholly unrelated to water service. The
best evidence of that is United Water already provides water service to some
homeowners within the City of Eagle, without in anyway affecting the core values
identified by Mayor Merrill.
Who does Kastera want to provide water service to its Trailhead development?
United Water.
Thomas Fassino
Kastera LLC
Page 4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 18th DAY OF MAY, 2007, SERVED THE
FOREGOING REBUTTAL TESTIMONY IN CASE NO. UWI-06-, BY THE
METHOD INDICATED BELOW, AND ADDRESSED TO THE FOLLOWING:
Dean J. Miller, Esq.
McDevitt & Miller LLP
420 West Bannock Street
PO Box 2564
Boise, ID 83701
() U.S. Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
(x) Facsimile
Gregory P. Wyatt
United Water Idaho, Inc.
PO box 190420
Boise, ID 83719
() U.S. Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
(x) Facsimile
Bruce M. Smith
Moore, Smith, Buxton
& Turcke, Chartered
950 W. Bannock St.
Suite 520
Boise, ID 83702
() U.S. Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
(x) Facsimile
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
PO Box 83720
Boise, ID 83720-0074
() U.S. Mail, Postage Prepaid
(x) Hand Delivered
( ) Overnight Mail
( ) Facsimile
Scott Woodbury
Idaho Public Utilities Commission
472 West Washington Street
PO Box 83720
Boise, ID 83720-0074
() U.S. Mail, Postage Prepaid
(x) Hand Delivered
( ) Overnight Mail
( ) Facsimile
Tom C. Morris
Thomas Fassino
Kastera LLC
Page 5