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Tag: Shawn Kaleta

Lawsuit filed against fire department

Lawsuit filed against fire department

Written by SUN contributor on . Posted in Anna Maria Island, Community News, Holmes Beach, West Manatee Fire Rescue.

BRADENTON – West Manatee Fire Rescue commissioners had a couple of legal decisions to make when the board met Nov. 19, first to select new legal counsel and second, to decide how to move forward with a pending lawsuit.

In a unanimous vote, commissioners appointed attorney Maggie Mooney as the district’s legal counsel, replacing the retiring Jim Dye. Mooney also represents four other Manatee County fire districts.

In her first act as the attorney for WMFR, Mooney informed commissioners that a lawsuit had been filed against them in Manatee County Circuit Court and an administrative appeal in the same case also had been set for a hearing on Nov. 25 with the Manatee County Fire Code Appeals Board.

The appeals board is a seven-member volunteer board made up of local professionals. This will be the first appeals case that has gone before the board.

Mooney said that local builder and real estate investor Shawn Kaleta had filed both the lawsuit and the administrative appeal on Nov. 18, appealing a decision made by Fire Marshal Rodney Kwiatkowski to require a sprinkler system installed at the Bali Hai Beach Resort. The resort is owned and being remodeled by Kaleta. Mooney said that the administrative appeal should technically have been ruled on before a lawsuit was filed but that in this case, both had been done at the same time. Until the administrative hearing is held, she said the lawsuit cannot be heard in court.

The appeals hearing was held at Cedar Hammock Fire Rescue District’s administration building Nov. 25 after press time for The Sun.

On behalf of Kaleta’s Bali Hai JV LLC, attorney Jason Miller filed an emergency motion for permanent injunction, arguing that Kwiatkowski’s interpretation of the Florida Fire Code, requiring sprinkler system was delaying the completion of the remodel of the property at 6900 Gulf Drive in Holmes Beach. In the motion, he alleges that as a result of the requirement for fire sprinklers that Kaleta will suffer irreparable financial harm that would likely be unrecoverable.

In the lawsuit, Miller asks for declaratory relief and preliminary and permanent injunctions due to the alleged halting of construction and stopping of the permitting process related to the requirement for fire sprinklers.

The Life Safety Code, a provision of the Florida Fire Prevention Code, says that only one and two-family dwelling structures are exempt from a requirement for sprinkler systems. The Bali Hai has 48 suite and hotel room units.

The lawsuit claims that the resort can be booked for $795 per night during season and that Kaleta could suffer monetary damages in excess of $15,000 not including attorney costs.

Mooney said that if WMFR were to win the administrative appeal and have Kwiatkowski’s ruling upheld, it doesn’t mean that the lawsuit won’t go forward. She recommended commissioners authorize Chief Ben Rigney to enter into a contract for specialist litigation attorneys to fight the case. On Nov. 20, attorneys Martin Garcia and Josh Dell of The Law Firm of Matthews Eastmoore out of Sarasota were entered into the court record as attorneys for WMFR. The case has been assigned to Judge Charles Sniffen.

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Holmes Beach 47th lot clear

Retribution sought for sea grape destruction

Written by SUN contributor on . Posted in Community News, Holmes Beach.

HOLMES BEACH – City commissioners are asking police officers and City Attorney Patricia Petruff to work together to find a way to prosecute local builder Shawn Kaleta for the destruction of sea grapes and other vegetation on city property.

The destruction of the sea grapes and sea oats was observed over the summer with Building Official Jim McGuinness putting a stop work order on the 102 47th Street property and adjacent lot until Kaleta came into compliance and received permits from the Florida Department of Environmental Protection.

Kaleta owns two parcels of land at the western end of 47th Street from which he cleared of all vegetation up to the dune line and public beach access on the southern side of the property. He also cleared the vegetation from the city unimproved right of way that would extend Fourth Avenue from 48th to 47th Street that divides his two properties without permission from the city.

The incident is similar to a situation Kaleta found himself in over the summer of 2017 when he removed sea grapes and sea oats from another property he was developing at 102 77th Street. The property remained under a stop work order for more than a month while the builder struggled to receive after the fact permits from the DEP, make an agreement to replace the removed sea grapes and sea oats with the DEP and come into compliance with the city’s building department. Though the sea grapes and sea oats were replanted at the location, it will take years for the plants to return to their previous size.

“This is minimal,” Commissioner Carol Soustek said of the replanting, a plan that will repeat itself at 47th Street. “What they destroyed at 77th Street was natural. What’s there now looks like a model house.”

Commissioner Judy Titsworth agreed, pushing for consideration of some sort of prosecution for the destruction at 47th Street and Fourth Avenue.

“Sea grapes need to be wild, not trimmed and pruned,” she said. “Fourth Avenue looks like a war zone.”

She added that as a licensed contractor, Kaleta should know the local laws and regulations about the removal of sea grapes. At the site of the sea grape removal on 47th Street, there is a sign at the beach access advising of the find for damaging sea grapes.

“We can’t continue to just allow it to happen,” Titsworth said, fearing that the situation would continue to be repeated if no further action is taken by city leaders.

City attorney Patricia Petruff said she would have to investigate to see what action can be taken at this point. She suggested that commissioners also consider potential uses for the Fourth Avenue right of way now that it has been cleared. Prior to Kaleta clearing the property, Petruff said the right of way was impassible due to vegetation.

The stop work order has been lifted on the property and McGuinness said Kaleta has reached an agreement with the DEP to replant the sea grapes on the right of way, the sea oats on the western edge of the property and create a buffer between the dune line and the planned residential development.

“What he’s offering isn’t even a token,” Commissioner Pat Morton said of the plan to replant some of the destroyed vegetation. Morton added that as a “habitual offender of city code” Kaleta should be “put in his place.”

Though several options for prosecution were suggested by commissioners, Petruff said it would take time to determine legally what the city’s prosecution options are and how strong of a case could be brought against Kaleta for the damage. She agreed to work with Mayor Bob Johnson and HBPD officers to determine what the best course of action will be. In the meantime, commissioners reached a consensus to write a letter reporting the incident to the state licensing board so that the issue is on record when Kaleta’s construction license comes up for renewal.

Related coverage

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Dune destruction sparks concerns

Kaleta noise lawsuit

Property owners file lawsuit, injunction against neighbors

Written by SUN contributor on . Posted in Community News, Holmes Beach.

HOLMES BEACH – Neighbors of vacation rental homes in this Island city are seeing one of their worst fears coming to pass.

Owners of two vacation rental properties have filed a lawsuit and injunction against their neighbors over noise complaints those neighbors have made.

When the city adopted a noise ordinance to help combat issues arising from neighboring noise interrupting the “peaceful enjoyment” of property, some property owners feared that calling in complaints to police could result in retaliation.

That retaliation occurred on April 6 when vacation rental owners Shawn and Jennifer Kaleta filed a lawsuit and injunction against neighboring property owners Richard and Marjorie Motzer.

The lawsuit alleges stalking and tortious interference based on a log of calls concerning noise complaints.

In the lawsuit, the Kaletas’ attorney, Aaron Thomas, alleges that the Motzers made 42 “unfounded” noise complaints to the HBPD concerning the Kaletas’ vacation rental property at 302 55th St. from April to December 2017. As a result of the calls, one guest of the property was given a citation from the police. While most of the calls were made anonymously to the police, the lawsuit contends that all of the calls were made by the Motzers. The suit also claims the Motzers are “aggressive” toward the Kaletas and guests at the property.

Kaleta noise lawsuit
A vacation rental home at 302 55th Street, owned by the Kaletas, backs into the property of full-time residents Richard and Marjorie Motzer. – Kristin Swain | Sun

The lawsuit states that due to an increased police presence at the property prompted by noise complaints, the Motzers are stalking guests by harassment. The suit requests a temporary injunction to prevent the Motzers from calling in noise complaints or approaching guests at the neighboring property.

A count for tortious interference also is included in the lawsuit, alleging the Motzers knowingly sought to damage the Kaletas’ business endeavors at the property by making “unfounded noise complaints with the Holmes Beach Police Department knowing that the police department would send an officer to the property to make contact with the property owners or guests currently staying at the property to inform them of the city’s code/ordinances and provide guests with a brochure detailing the city’s code/ordinances, regardless of whether a noise violation was found to exist.”

In this matter, the Kaletas are seeking an award of damages along with repayment of court costs and attorney’s fees.

In the petition for a temporary injunction against stalking and tortious interference, Thomas claims the Motzers have given the same treatment to another neighboring vacation rental property owned by the Kaletas, 5501 Holmes Blvd., calling in 24 noise complaints with no violations issued by HBPD officers. Again, the calls were primarily made anonymously, however, the injunction asserts that it was the Motzers who made calls to the HBPD to intentionally harass guests at the property and interfere in the Kaletas’ business relations.

Kaleta noise lawsuit
Full-time residents Richard and Marjorie Motzer’s home backs into two large vacation rental properties owned by Shawn and Jennifer Kaleta. – Kristin Swain | Sun

“At this time I don’t want to say anything because we’re looking at litigation,” Richard Motzer said when asked for comment.

HBPD Chief Bill Tokajer said his officers would continue to respond to any complaints at the properties.

“We will always respond to calls for service,” he said. “That’s our job and we’ll continue to do so.”

Kaleta Settlement

Kaleta to receive $1 million settlement

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

ANNA MARIA – Developer Shawn Kaleta and his Beach to Bay construction company will receive a $1 million payment according to settlement terms negotiated to end a federal lawsuit filed against the city of Anna Maria in 2016.

Because of an insurance policy the city holds through the Florida League of Cities, the $1 million payment will be made by the Florida Municipal Insurance Trust and not by city taxpayers. The insurance policy is capped at $1 million in terms of settlement payments.

The financial terms were negotiated by Kaleta’s attorneys and the attorneys provided to the city through the Florida League of Cities.

The federal lawsuit filed with United States District Court for the Middle District of Florida last year named the city of Anna Maria and Mayor Dan Murphy as defendants.

The lawsuit alleged city officials made unwritten and erroneous interpretations of city codes, policies and practices that were applied solely to Kaleta and Beach to Bay’s efforts to construct vacation rental homes. The suit alleged the city’s actions damaged Kaleta and Beach to Bay in terms of lost business, reduced property values and impairment to reputation.

Kaleta’s attorneys sought a declaratory judgement stating the city’s actions violated his rights to free speech, due process and equal protection. They also sought a federal court order for city officials to stop making false and slanderous statements about Kaleta and Beach to Bay.

“In consideration of the promises made herein, the parties release, acquit and forever discharge one another of any and all claims, causes of action, suits, debts, dues, sums of money, damages, judgment and demands whatsoever in any way related to the litigation,” said the mutual release and settlement agreement approved by city commissioners on Nov. 9.

The following day, attorney Louis Najmy commented on behalf of his client.

“It meant a great deal to Shawn Kaleta to now have the apology and retraction from the city. We can now attempt to wipe away the very incorrect and untrue statements made by the city. And we look forward to a city process that is fair and transparent,” Najmy said.

Murphy also commented on the settlement.

“There was no city money, whether from ad valorem taxes or otherwise, used to settle the case. No one from the city was involved in any way with the negotiation or payment of any monetary settlement with Mr. Kaleta. The city at no time admitted any liability to Mr. Kaleta and continues to deny liability. What the insurance company did was the business of the insurance company,” Murphy said.

On Oct. 12, city commissioners unanimously approved the preliminary, non-monetary portion of the settlement agreement.

“The settlement does not admit any fault on the part of the city, but will resolve conflicts involved and will avoid a trial,” said the city resolution presented then by City Attorney Becky Vose.

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.