Issue link: https://newsleader.uberflip.com/i/256534
be deferred until after the establishment was awarded its Certificate of Occupancy (CO). An amended suit filed on Jan. 31 says that on Oct. 23, counsels for the plaintiffs and Michael M. Mehan, a professional engineer and the county's regulatory manager, "had a phone conversation in which Plaintiffs requested, through their counsels, that the water and sewer capacity fees be deferred until the CO was issued and not collected at issuance of the [TCO]." Mehan said the request would have to be made to Gipe, so "counsels asked that Mr. Mehan advise Mr. Gipe of Plaintiffs' request," the complaint continues. Later that day, it says, plaintiff's counsel made the request to Gipe in a phone conversation "and [Gipe] … agreed on the County's behalf" that the fees would not be collected until the CO was issued. That was confirmed by an email Gipe sent to the plaintiff's counsel on Oct. 23, the complaint adds. The county issued a TCO for Bob's on Oct. 31, 2013, the complaint says. On Nov. 26, 2013, Bob's Boathouse requested an extension of the TCO through its general contractor, D.E. Murphy Constructors Inc., whose represen- tative told county staff "he anticipated that the punch list items could be completed by January 31, 2014 …" On Nov. 27, the county extended the TCO until Dec. 30, the complaint points out. Then, on Dec. 10, Polk, the county's director of planning and development services, told the County Commission that the TCO never should have been issued without the payment of the water and sewer capacity fees. The mis- take grew out of confusion over the multiple entities that had filed paperwork related to the business, Polk indicated. The amended complaint references Polk's statement and says, "The County's response for its mistake was to send letters to Best Restaurant [and its general counsel] … reneg- ing on its agreement made by Tony Gipe and by attempting to immediately rectify on a post-haste basis the County's alleged mistake and error in judgment" by denying an exten- sion of the TCO beyond Dec. 30 unless the business paid the $77,063.44. The fact that the county gave the owners 14 business days to raise the money, the com- plaint says, was "impractical and … only in the pecuniary interest of the County and/ or in its political interest to placate [Bob's Boathouse's] neighbors, who had frequently complained … about the alleged loudness of the restaurant's music." With "season and good weather … just starting to arrive," the complaint adds, the restaurant should secure the additional revenue to com- plete the punch list. Montclair Drive resident Michelle Lee ques- tions that last point. At 11:30 a.m. on Feb. 5, she told the News Leader, she did not see one customer on the premises. "It's been like that for a few days now." Four waiters were seated outside, smoking, she added. When a News Leader reporter stopped by the premises on Feb. 4, a woman was stand- ing at the entrance on U.S. 41, waving what appeared to be a homemade sign. With simple black lettering on a white background, the sign advertised that the restaurant was open for breakfast, lunch and dinner. % Sarasota News Leader February 7, 2014 Page 33