Manatee County reaches settlement with prominent developer. Here’s how much it will cost.

Manatee County commissioners approved a $135,000 settlement with developer Carlos Beruff on Thursday, seeking to cut their losses after a 2017 circuit court ruling against them.

Beruff’s Mandarin Development Inc. filed suit June 2, 2015, in the Twelfth Judicial Circuit alleging that it had been denied due process in regard to its 41-acre Riva Trace project, located off University Parkway and Interstate 75.

Mandarin alleged that its property had been taken in violation of the U.S. and state constitutions.

The suit revolved around the county’s comprehensive plan and its requirement that Mandarin provide wetland buffers and conservation easements over wetlands.

The circuit court on Jan. 24, 2017, issued what some call a “split decision,” ruling in favor of the county’s comprehensive plan policy and implementing provisions of the land development code, but ruling against the county in respect to the takings claim.

The court directed the parties to proceed with further litigation to determine compensation to be awarded to Mandarin.

“You can have a buffer — you just can’t put a conservation easement on it,” said Commissioner Betsy Benac, summing up her takeaway from the court ruling.

Commissioner Vanessa Baugh pressed the county’s legal team to estimate what the settlement might cost them beyond the $135,000 sum, including paying Beruff’s legal fees.

Assistant county attorney Chris DeCarlo was unable to provide an estimate, saying that statute would allow Beruff to be reimbursed for reasonable fees and costs.

If the county chooses to continue litigation, there is no guarantee that it would prevail, or could avoid getting hit with even larger legal fees.

“The only thing predictable about trial is that they are unpredictable,” DeCarlo said.

Baugh pressed her point that she wanted to know what kind of money the county might have to pay as part of the settlement, adding that she had reached out to three members of the county legal department before Thursday’s meeting without receiving a response.

County Attorney Mickey Palmer apologized to Baugh and called it a misunderstanding, and said neither he nor his staff would ignore a request from a county commissioner. Palmer said he thought Baugh was amenable to her request being addressed during Thursday’s meeting.

By a 5-1 vote, with Commissioner Robin DiSabatino dissenting, the county commission approved the settlement with Mandarin Development. Baugh did not vote.

Asked about the possible broader ramifications of the circuit court’s ruling, Building Services Director John Barnott said during a morning break in the meeting that remains unknown at this time but that there could be other fallout.

In other business Thursday, the commissioners discussed, for nearly two hours, a request by Keith Lessen to annex his Snead Island property into the city of Palmetto so that he could connect to city sewer.

Appearing before the board were Palmetto Mayor Shirley Groover Bryant and Palmetto Public Works Director Allen Tusing, who said Palmetto never forces any property owner to annex into the city,

“We are not going to do a forced annexation,” Bryant said.

A number of Snead Island residents attended the meeting, all of whom opposed the annexation, fearing that it was part of a strategy by the city to nibble away at their community.

“The majority of Snead Island residents overwhelmingly oppose annexation by the city of Palmetto,” said Emmons Patzer, president of the Amberwynd home owner association.

Susan Revell, president of the Snead Island Community Association, said her group “stands in opposition to this annexation.”

After weighing the request and community comments, the county commission voted 7-0 to send a letter of objection to the annexationn saying that the property is not contiguous to other city property and would create an enclave.

In other business, the commission approved:

• Plans by Specialty Restaurant Corporation of Anaheim, Calif., to build a 9,000-square-foot Whiskey Joe’s Bar & Grill on 1.8 acres at 5313 and 5315 19th St. E. The restaurant would be located next to the vacant Johnny Leverock’s Seafood House that closed in 2006. The Florida Department of Transportation has acquired the property, and plans to add an on-ramp to southbound Interstate 75 there.
  
  
• Plans by the developer to complete the 142-acre University Groves development north of University Parkway, between Shade and Tuttle avenues. Remaining to be built are a 120-room, four-store hotel and more multi-family housing. Commissioners also asked staff to investigate more traffic control signs or signals to facilitate traffic flow.
  
  
• A request for rezoning of approximately 1.3 acres of an 8.5-acre site at 5320 and 5400 14th St. W., Bradenton, to allow a Carmax used car business.
  
  
• Acting as the Manatee County Port Authority, commissioners approved $183,000 for the removal of debris in berths to allow large ships to move in and out. Seventy-five percent of the total will be paid by the Florida Department of Transportation.
  
  

This story was originally published August 23, 2018 at 5:25 PM.