If pools cause sewer line to break, Bradenton Beach developer says he’ll pay for the cleanup

Manatee County and a Bradenton Beach developer are closer to an agreement that may allow swimming pools to be constructed over an aging gravity sewer line.

The legal disagreement came about when the county discovered that Shawn Kaleta was seeking permits to build pools at three properties — one at which Kaleta lives — over a county-owned sewer line. The county then filed a complaint in August against Kaleta, 114th Street South LLC, BB Bayfront LLC and the city of Bradenton Beach in efforts to get an injunction to stop the work.

“Any damage to the sewer line on the subject properties will negatively impact wastewater collection and treatment services to the properties located south of the subject properties and north of Long Boat Pass,” a complaint filed in August reads.

The property and adjacent Bay Shore Drive were platted in 1924, and the city gave permission for the county to install an underground sewer line within the right-of-way east of the property, located at 114 11th St. S. The city has relied on the county’s wastewater system since 1971, and the current franchise agreement expires in 2026.

In late 2001, BB Bayfront LLC/114th Street South LLC/Shawn T. Kaleta’s predecessor sought to vacate the county’s hold of the right-of-way, documents said. It was approved and adopted into the city’s land development code.

Manatee County does not believe the vacation is valid. County Attorney Mickey Palmer said Friday during a conflict assessment hearing that the vacation was “facially defective.”

Kaleta, who owns development company Beach to Bay Living, believes it was valid, and said that he felt he was being targeted because there are 35 other properties also on top of the sewer line. He also said that he has property rights and that he was “forced to stop the well-being of (his) home and family.”

The county has tried to work with the developer to make the pool design so that it won’t hinder possible work the county may have to do. Judge Lon S. Arend denied BB Bayfront’s motion to dismiss the suit in November.

“The proposed location and design of the pools and pool decks on the subject properties materially interferes with Plaintiff’s (Manatee County’s) ability to protect, operate and maintain its wastewater infrastructure,” the complaint reads.

As talks began to start about possibly rerouting the sewer line, Kaleta said he offered the county between $75,000 and $100,000 to relocate the pipe. County Administrator Ed Hunzeker rebuffed as to the ongoing discussion, saying they were talking about “spending millions of dollars to reroute an entire utilities system because you (Kaleta) need a bigger pool? Please.”

There were other considerations, many hypothetical situations as to what could happen if the pipe broke. County crews would need a 10-foot buffer on either side of the pipe for their equipment to access the break. All the toilets south of the property and north of Long Boat Pass would be affected if there were a spill. And being so close to Sarasota Bay, there would be environmental effects.

“If it fails, we’re most likely going to have a spill into the bay,” Utilities Director Mike Gore said.

In an all out effort to push the decision in his favor, Kaleta said that while he wouldn’t pay for the pipe damage repair, he would pay to have the pool removed, have it put back in and shell out the cost of mitigation if there was a bay spill.

“I’m not worried about the risk of it,” Kaleta said. “A couple hundred grand? Yeah, that sucks.”

Louis Namjy, who was representing BB Bayfront, put a disclaimer to Kaleta’s nonchalance.

“It’s millions of dollars at stake,” Namjy said. “It’s not just a whim.”

Each side still needs to hammer out the details of the agreement, including an assessment of Kaleta’s indemnity capability, and the hearing will be continued on Jan. 10.

This story was originally published December 22, 2017 at 5:02 PM with the headline "If pools cause sewer line to break, Bradenton Beach developer says he’ll pay for the cleanup."