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Fire & Stone preparing to reopen

Fire & Stone preparing to reopen

Written by Joe Hendricks on . Posted in Business, Restaurants | Bars.

CORTEZ – The owners of the Fire & Stone pizzeria on Cortez Road hope to reopen their restaurant as early as this week.

When reopened, the renovated Fire & Stone restaurant will feature the same menu that has long-included its signature all-you-can-eat pizza buffet, but there will additional seating on the outdoor patio and more parking spaces and new golf cart parking spaces in the reconfigured parking areas. The formerly cash-only establishment will also now accept debit and credit cards.

Owned by Radka and Peter Ross, the popular pizzeria closed temporarily last May in order to address Manatee County’s concerns about the grease trap system and also to address allegations cited in Department of Business & Professional Regulation (DBPR) inspection reports dated May 13 and May 14, 2019.

Last week, Peter Ross said a new grease trap has been installed to the county’s satisfaction. He also said he and his wife reached a settlement with DBPR in December and the state agency has redacted all of the alleged violations cited in those May 2019 inspection reports.

Ross emphatically reiterated statements he made last year in response to the allegation that the grease trap issue caused a slick in nearby Sarasota Bay.

The May 14 DBPR inspector’s report said, “Per Manatee County Code Enforcement Officer Jorge Martelo, they required the operator to seal off all drains going out of the building, as the operator was pumping the sewage into a drainage ditch, which has now caused a slick in Sarasota Bay.”

Last week, Ross said, “The raw sewage in the bay did not happen. I never did anything that would hurt the environment.”

Regarding the settlement, Ross said, “The accusation of dumping sewage into the bay is gone, like it never happened, because it didn’t. They dropped everything.”

Attorney T.R. Smith represented the couple in the settlement negotiations and Chief Attorney Marc Drexler represented DBPR.

Dated Dec. 12, the stipulation and consent order of dismissal issued by DBPR says, “The amended administrative complaint is voluntarily dismissed, with prejudice.”

It also says, “Division as redacted and reissued the following inspection reports: May 13, 2019; May 14, 2019; and December 3, 2019.”

The Sun contacted DBPR seeking clarification as to what it means to have inspection reports redacted and whether that is similar to charges being dropped in a criminal case, which this was not.

On Friday, Jan. 10, DBPR Director of Communications Karen Smith provided The Sun with an email response that said, “The violations were resolved and removed from the inspection report pursuant to the settlement.”

The May 2019 inspection reports also alleged lesser violations pertaining to food handling and sanitary conditions. Although those allegations were also redacted by DBPR, Ross said steps have been taken to ensure those concerns do not arise again. The Dec. 3 inspection report posted at the DBPR website says, “No violations were observed.”

Fire & Stone is located at 10519 Cortez Road W. For more information about its anticipated reopening, call 941-792-5300.

Fire & Stone taking corrective actions

Written by Joe Hendricks on . Posted in Business, Restaurants | Bars.

CORTEZ – Fire & Stone Pizza owners Radka Watson and Peter Ross are working to address the Florida Department of Business and Professional Regulation (DBPR) and Manatee County Code Enforcement violations that led to the popular eatery’s recent temporary closure.

On May 14, the restaurant was closed by order of DBPR. According to the DBPR inspection report, raw sewage was observed on the ground of the establishment in a 5-foot by 6-foot by 15-foot hole dug at the east side of the building.

“Per Manatee County Code Enforcement Officer Jorge Martelo, they required the operator to seal off all drains going out of the building, as the operator was pumping the sewage into a drainage ditch,” the DBPR report states.

The drainage ditch near the rear corner of the restaurant property connects to Sarasota Bay about 200 yards or so to the south.

The DBPR report says the situation has “caused a slick in Sarasota Bay,” but Ross disputes this claim.

Also listed in the report as a high priority violation is this: “Grease interceptor/trap removed, with grease and sewage overflowing onto the ground outside, to the east of the building. Rainwater has filled the area where the grease trap was located. Per owner, he is waiting on specifications from Manatee County before the grease trap can be replaced.”

The report also cites as violations dented cans of chickpeas, jalapeño slices and green olive slices, employees eating in a food preparation or other restricted areas, equipment in poor repair, floor tiles cracked, broken or in disrepair, an unused ice machine on premises near the walk-in cooler and sanitizing solution not at proper minimum strength.

Ross response

A recent visit to the Fire and Stone property revealed two large, white, plastic containers in the rear parking lot. Ross said he hopes to use these containers as temporary above-ground grease traps if the county will allow it. There are also several trenches dug along the east side of the building.

Fire & Stone grease traps
The Fire & Stone owners hope to use these storage tanks as temporary above-ground grease traps. – Joe Hendricks | Sun

“We were working with Manatee County and the Manatee County Building Department to resolve a structural issue with our grease trap. During that repair process, unfortunately, our grease trap collapsed,” Ross said when contacted Friday by phone.

“No sewage whatsoever was disposed into Sarasota Bay two weeks ago when they showed up. Manatee County had a complaint that raw sewage was being dumped into Sarasota Bay and it was causing a slick. A certified letter arrived from the Manatee County Environmental Department and that letter said there was a light sheen, which would indicate maybe a slight bit of oil on top of the water in the first 50 feet from our property and we had 10 days to fix it,” Ross said.

“Manatee County would not leave until we blocked all pipes that exited our building. I already voluntarily shut the business down and the cleanup was already happening. Being the diligent person she was, the inspector was told this had to be done according to Manatee County Code Enforcement Department,” Ross said.

When asked when he hopes to be open again, Ross said, “As soon as the Manatee County Building Official can give us a special exemption to use a temporary system – which is already located onsite – until a final system and long-term resolution can be installed underground or above-ground, whatever needs to be done to satisfy the county’s requirements.”

Fire Stone lawsuit

Street ownership dispute prompts lawsuit

Written by Joe Hendricks on . Posted in Community News, Cortez.

BRADENTON – Street ownership and property rights are the subjects of a lawsuit the owners of Fire & Stone Brick Oven Pizzeria have filed against Manatee County.

In May, attorney John Colton filed the lawsuit on behalf of business owners and property owners Radka and Peter Ross. The lawsuit pertains to their commercial property at the corner of Cortez Road West and 106th Street West.

The lawsuit alleges the county improperly paved the intersection in a manner that impedes on the Ross property and deprives them of the use of a portion of the property – some of which includes the still-in-progress outdoor dining area and the parking spaces along the west side of the building.

According to the lawsuit complaint, the land now known as the Ross property was platted in 1957 and joined the following year by several other properties platted as part of the Battersby subdivision. That platting did not include the county accepting ownership of the street.

The complaint states the county did not build Laurabet Drive, which is now known as 106th Street West.

In 1976, the county arranged for the property owners to pay for road improvements as part of a county participation project that included assessments levied on them to cover their street maintenance costs.

Before the lawsuit was filed, Peter Ross said the anticipated lawsuit was partially inspired by concerns that the county plans to claim ownership of 106th Street West after maintaining it for seven years.

While touring the Fire & Stone property, Ross pointed out the angled intersection where Cortez Road and 106th Street West converge. He said that end of the street should have been located several feet to the west, which would have avoided the Fire & Stone property but impinge on the property across the street.

The complaint says the county paved portions of the street in November 2011, which means the seven-year maintenance threshold and ownership transfer could occur this November.

The complaint alleges the county was aware that the existing roadway veered to the east and impinged approximately seven feet onto the Fire & Stone property along 106th Street West. The complaint also alleges the county knowingly paved areas it had no right to pave.

“Prior to Nov. 30, 2011, the county did not maintain 106th Street. All maintenance prior to that date was done by and/or paid for by the residents of 106th Street and not by the county. County has not maintained 106th Street West for more than seven years. Even if it had maintained 106 Street West for more than seven years, the county is estopped from asserting ownership by its prior representation disavowing acceptance of 106th Street West for maintenance purposes,” the complaint says regarding the previous platting.

“Plaintiff respectfully requests this court issue a decree ordering county to cease and desist maintenance or occupation of 106th Street West and to further decree county has obtained no interest in the said property,” the complaint says.

The plaintiffs are asking the 12th Judicial Circuit Court to render a declaratory judgment that determines the ownership of the property and the location of any existing property easements. They are requesting a determination that their title to the property is superior to the county’s and seeking a judgment awarding them exclusive possession of the property in question.

The complaint alleges the county’s actions constitute a taking of a portion of private property that is subjecting them to the material and substantial deprivation of the beneficial use of their property.

County response

When asked about the potential lawsuit in April, County Attorney Mickey Palmer said, “This matter has been dealt with in great detail, and my office has no present reason to believe that staff’s approach is flawed in any way.”

After the lawsuit was filed, Palmer said, “We are disappointed that the property owners have chosen to file a lawsuit.  Nevertheless, on behalf of the citizens of Manatee County, the Office of the County Attorney will aggressively defend the lawsuit.”

Additional concerns

When discussing these issues before the lawsuit was filed, Ross mentioned additional concerns he and some of his neighbors have. Ross and others do not feel their private street should be used as a primary access road for residents of the adjacent Paradise Bay Estates mobile home community.

Fire Stone lawsuit
Signs like this have appeared alongside 106th Street West. The intersection of Cortez Road and 106th Street West is now the subject of a lawsuit. – Joe Hendricks | Sun

A recent trip down the street revealed several handwritten signs that said, “Private drive for 106th residents.”

Resident Gina Rau said some members of the Paradise Bay Estates board of directors have tried to prevent her and others from using the Paradise Bay Estates boat ramp that provides them access to Sarasota Bay. Rau believes this is a violation of their riparian rights. Efforts to contact Paradise Bay Estates board members about these concerns proved unsuccessful.