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Tag: Shawn Kaleta

Kaleta federal settlement

City settling Kaleta lawsuit out of court

Written by Joe Hendricks on . Posted in Business, Real estate | Development.

ANNA MARIA – Developer Shawn Kaleta and the city of Anna Maria have brokered a settlement that, when finalized, will alleviate the need for the city to defend itself in federal court.

The settlement is in response to a federal lawsuit filed with United States District Court for the Middle District of Florida in February 2016. The suit, filed on behalf of Kaleta and his Beach to Beach Bay Construction company, named the city and Mayor Dan Murphy as defendants.

The lawsuit accuses city officials of making unwritten and erroneous interpretations of city codes, policies and practices that were applied solely to Kaleta and Beach to Bay and intended to prevent the future construction of vacation rentals. The suit alleges the actions of city officials damaged Kaleta regarding lost business, reduced property values and impairment of reputation.

Kaleta’s attorneys sought financial damages, the reimbursement of attorney fees and a declaratory judgement stating that the city’s actions violated Kaleta’s rights to free speech, due process and equal protection.

The lawsuit also asked the federal court to order city officials to stop making false and slanderous statements and issue a public apology. This request pertained in part to a statement Murphy made about Kaleta in a story published in The Sun in 2015.

“I’m unilaterally revoking his building privileges in the city of Anna Maria immediately, and any affiliated businesses he’s associated with,” Murphy said at the time.

Settlement terms

The settlement terms include an undisclosed monetary payment negotiated by the Florida League of Cities attorneys that represented the city, to be paid by an insurer the city is covered by through the League of Cities.

The non-monetary settlement terms were negotiated by City Attorney Becky Vose and Kaleta’s legal team. On Thursday, Oct. 12, Vose presented the non-monetary settlement agreement to the city commission in the form of Resolution 17-731, which the commission approved unanimously.

“The settlement does not admit any fault on the part of the city, but will resolve conflicts involved and will avoid a trial,” the resolution states.

“The city of Anna Maria hereby retracts any and all statements made by any city officials that Mr. Shawn Kaleta and/or Beach to Bay Construction and its affiliates were ever banned from obtaining building permits. The ban simply never occurred,” it says.

The city also retracted any statements made by any city officials about Kaleta and Beach to Bay repeatedly performing unpermitted work that endangered the city and its citizens.

“The city recognizes these statements may have harmed Mr. Kaleta and his business, and such statements should have been retracted at the time they were made. The city looks forward to a positive relationship with Mr. Kaleta and Beach to Bay now and into the future.”

The resolution requires the city to relocate gumbo limbo trees recently planted in front of 101 Willow Ave. and trim Australian pines and sea grape trees at that location after the sea turtle nesting season ends Oct. 31.

The city also agrees to implement a written policy for handling building permit applications in a non-discriminatory manner for all building permit applications received by the city.

Speaking on behalf of Kaleta on Monday, attorney Louis Najmy said, “Assuming that everything is completely finalized, we are very pleased with the settlement. We have learned that the city leaders collectively and correctly feel Shawn Kaleta is a valuable member of the community, and he and the city should work together to make the city even better.”

Najmy also said Lakeland resident Ratnamani Lingamallu dropped the county lawsuit she filed in March accusing Kaleta of fraudulent business practices involving a rental property they were developing at 109 Pine Ave.

Dune vegetation destruction

Dune destruction sparks concerns

Written by SUN contributor on . Posted in Environment, Outdoors.

HOLMES BEACH – Work has temporarily stopped at 102 77th St. after the city was alerted to dune destruction on the Gulf-front site.

Building Official Jim McGuinness visited the site July 7, placing a stop work order on the property after seeing nothing but a cleared lot where mangroves, sea grapes, dunes and sea oats once stood.

During the July 13 city commission meeting, McGuinness said he determined after reviewing the demolition permits obtained for the property, as well as one issued by the Florida Department of Environmental Protection, work had been done that was outside of the scope of work.

He placed a red stop work order tag on the property that he said will remain until a full investigation by the DEP is completed.

A DEP field representative joined McGuinness at the property July 13, McGuinness said, and they both agreed that the dune area disturbed by construction far exceeded what was allowed by the DEP permit. He said next steps will be determined by DEP supervisors.

“The city can’t do anything until the DEP comes back,” Commissioner Pat Morton said.

Permits

Four permits for the property have been issued by the city — one to demolish the two-bedroom home, one for the silt fence around the property, another to install a pool and the last for the silt fence for pool construction.

The DEP permit, issued by the state, allowed for a small section of the dune, mangrove and sea grape protective vegetation to be disturbed during construction with the caveat that it be restored after construction is completed.

McGuinness said the pool is planned for the northwest side of the property.

“The cleared area exceeded the pool area dramatically,” he said.

“That was just really, really tragic,” Chair Judy Titsworth said of the seaward destruction.

Commissioner Carol Soustek said she’d heard from many people who had been shocked by the lack of vegetation as they passed the property on their way to the beach.

“I have no understanding for why a protective barrier was destroyed,” she said. “On this island you can’t do anything that somebody’s not going to see.”

The house

Protective vegetation isn’t the only issue between the property owner and the city. According to the Manatee County Property Appraiser’s office, the property was purchased in January 2016 by Gulf Front Paradise LLC. According to county records, the LLC’s primary address, 102 48th St., Holmes Beach, is owned by local developer Shawn Kaleta.

The 1,883-square-foot under roof single family home was built in 1950 on a .2663 acre lot bordering the Gulf of Mexico and a public access path to the beach.

The two-bedroom, one-bath home is planned for demolition to be replaced with a larger vacation rental home.

According to McGuinness, no permit has been issued yet for reconstruction of the house.

Two Bert Harris claims were lodged against the city March 6 by attorney Aaron Thomas on behalf of the owner. One claim disputes ordinances passed by the city reducing new construction of short-term rentals to four bedrooms or less and maintains an occupancy limit of two person per bedroom or total of six, whichever is greater.

Dune vegetation destruction
– Kristin Swain | Sun

The occupancy claim lists the before condition of the property as “a proposed single-family home consisting of eight bedrooms able to accommodate 20 guests.” The occupancy claim lists a property value loss of $1,420,000 due to the city’s constraints.

The second claim disputes the city’s restrictions on reduced habitable area, parking requirements, pool size and building footprint. In the claim, Thomas said the property was purchased for redevelopment into a 4,514 square foot home for short-term rentals.

The claim lists a property value loss of $900,000.

The city has until Aug. 3, 150 days after the claims were filed with the city, to respond. To date, when addressing Bert Harris claims, commissioners have refused to change city ordinances or offer a settlement to property owners.

Next steps

Until DEP representatives complete their investigation, Mayor Bob Johnson said there’s little for the city to do but wait.

“Until we hear back from the DEP, the stop work order stands,” he said.

Bryce Higgins and Laurie Higgins

Citizens’ efforts assist with arrest

Written by Joe Hendricks on . Posted in Anna Maria, Beach Beat, Community News.

ANNA MARIA – The computer skills of an Island teen and information circulated by some Island moms contributed to the arrest of 20-year-old Richard Parker on charges of petty theft.

Parker was arrested twice last week. The first arrest occurred mid-week due to his suspected involvement in the theft and sale of fishing equipment stolen from a Longboat Key condominium complex in November, which was then sold under false pretenses to a pawn shop in Manatee County. Parker’s court records list the Longboat Key charge dealing for dealing stolen property as a second degree felony.

While in custody on the Longboat Key charges, Parker was arrested a second time for his suspected involvement in a petty theft that occurred in Anna Maria in January.

Former Island worker Richard Parker was arrested last week on charges stemming from a petty theft that occurred in January. – Manatee County Sheriff’s Office

On Jan. 30, Jennifer Kaleta reported that a Star Shower laser projector had been stolen from her back yard. Surveillance video showed the projector was actually removed on Jan. 28 and it indicated the presence of a white 2003 Ford pickup that was later determined to be Parker’s.

That same night, Anna Maria resident Laurie Higgins had her cell phone, her purse and a backpack containing her son Bryce’s text books stolen from her car while it was parked in the driveway of her family’s home.

Both crimes were reported to Sgt. Russell Schnering and the Anna Maria division of the Manatee County Sheriff’s Office, and Kaleta’s surveillance video was provided to assist with the investigative efforts.

Using a computer program, Bryce Higgins, 14, converted the surveillance video into black and white still photographs that he was able to digitally enhance in terms clarity. The photos were then circulated throughout the community, posted on Facebook, displayed at the Anna Maria Island General Store and distributed to law enforcement agencies in Holmes Beach and Bradenton Beach as well. The photos eventually made their way to Det. Sgt. Roger Bourque at the Longboat Key Police Department.

“Sgt. Bourque called me and said, ‘I have a picture of your truck up there and I know whose it is;’ and that’s how we ran with it.” -Sgt. Russell Schnering, Manatee County Sheriff’s Office

Surveillance video helped identify the owner of this white Ford pickup truck that was later determined to be owned by a young man arrested on charges of petty theft.

On Friday, Schnering explained how Parker was arrested in connection with the crime that occurred at the Kaleta residence.

“Longboat Key had charges for dealing in stolen property. Sgt. Bourque called me and said ‘I have a picture of your truck up there and I know whose it is;’ and that’s how we ran with it,” Schnering said.

“When he became a suspect in one of our petty thefts up on the north end, we went ahead and arrested him on Longboat Key’s warrant. We interviewed him and he confessed to the theft he did in Anna Maria at the Kaleta residence, stealing the outside projector, which is petty theft,” Schnering said of Parker’s arrest.

“We did question this young man about the car burglaries that happened at the Higgins’ house and we didn’t get anything out of him, so we didn’t get him on those charges. We did pull some fingerprints from the car burglary and we’re waiting for those to come back,” Schnering said.

Parker lives in Bradenton. Prior to his recent arrests, he worked on the Island as a pool technician for a local company.

“That’s why we acted on this so quickly. We don’t want him out there running around, having access to people’s houses when they are not home,” Schnering said.

According to Higgins, Parker did not service the Kaleta and Higgins homes and Schnering was not aware of any other suspicious activity reported in connection with Parker’s employment as a pool technician.

“Due to our liability in the community I had to let him go. He’s no longer employed here,” his employer said on Friday, expressing hope that the young man can get his life turned around.