Sarasota News Leader

02/28/2014

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provisions of the County Code": challenging the county Building Official's decision to issue the Notice of Violation and challenging "the alleged violation of the [county code] at an evidentiary hearing conducted by the Code Enforcement Special Magistrate." The motion also notes that the amended lawsuit filed by Bob's Boathouse "alleges a 'breach' of the terms of a [TCO]. There is no recognized cause of action in Florida law associated with this discretionary decision by a Building Official." It continues that while a building official can issue a TCO "before the completion of the entire work covered by the permit, provided that such portion or portions [of a structure] shall be occupied safely," the building official also can set a period of time during which the TCO is valid. The motion further says that the Bob's Boathouse amended motion alleged a breach of contract by the county, referenc- ing a telephone conversation with a county employee on Oct. 23, 2013. That employee — Tony Gipe, operations manager for Sarasota County Utilities — told representatives of the restaurant that $77,063.44 in water and sewer capacity fees they owed did not have to be paid before the CO was issued, the Bob's Boathouse amended motion noted. Gipe con- firmed the conversation in an email, it added. However, the county's motion points out that Gipe's telephone conversation and email "can- not formulate a contract." Even if they did, the motion says, "[S]uch a contract would be ille- gal because the Code of Ordinances requires payment of capacity fees prior to receipt of water and wastewater service." Tom Polk, director of the county's Planning and Development Services Office, explained to the County Commission on Dec. 10 that Bob's Boathouse never should have been allowed to open without the payment of the capacity fees. Confusion resulting from sev- eral different entities filing Bob's Boathouse paperwork with the Building Department led to an employee issuing the first TCO with- out being aware the fees were outstanding, Polk indicated. The Best Restaurant on 41 LLC and Skipper Bobs LLC are named as the plaintiffs in the legal matter. Both the Notice of Violation and Affidavit of Violation also list Restaurant on 41 LLC, with Richard Walkowiak as the regis- tered agent. The Bob's Boathouse property is owned by Royal Oldsmobile — GMC Trucks Co., for whom the registered agent is Cross Street Corp. Services on Orange Avenue in Sarasota. The first permit application for work on the business was filed with Sarasota County on April 27, 2010. The applicant was listed as Restaurant on 41 LLC, with Anthony Ferlito of Roseville as the agent. According to Sarasota County Property Assessor records, the total land area for the Bob's Boathouse site is 171,529 square feet. In 2013, the assessed value of the property and the 1970 structure on it was $1,911,250. Judge Kimberly Bonner was assigned the case in the 12th Judicial Circuit. % Sarasota News Leader February 28, 2014 Page 47

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