Town settles with Plummer on construction damage
A resolution for reported damage done during construction work made at a seawall adjacent to 340 Fairweather Lane and, over time, areas of a nearby pool months ago was brought forth by Town attorney Derek Rooney Monday morning.
The Fort Myers Beach Town Council unanimously approved a settlement cost of $78,000. The Town’s equal share of the cost was reported to be $39,000.
Back in early November 2014, Council officially granted Rooney to craft an immediate agreement with the property owner, Beach resident Jane Plummer, to include construction of a 126-foot vinyl seawall in front of the existing seawall and to repair pool steps for stabilization that would essentially stabilize the pool deck. Plummer had made a claim for damages due to the direct result of erosion behind the seawall after the installation of storm water drain work apparently created cracking in the seawall and areas of her property.
The problem was noted to be exacerbated by the passage of time. The issue had been actively going on for four months, and cracking and movement was reportedly getting worse.
“As of last Friday, we’ve come to a resolution which eliminates (additional claims),” said Rooney. “The contractor, Mitchell & Stark (Construction), has stepped up and will split the cost with (the Town) on all of the operations.”
Rooney cited the settlement breakdown was $25,000 for pool work, $49,000 for seawall work and the remaining $4,000 was added for protection in case the overall cost was higher or additional work was needed.
“There was a cushion put in there in order to get the final settlement to eliminate any unanticipated consequences,” said Rooney.
Rooney said pressure from Town staff aided in the contractor agreeing with the split costs.
On Nov. 3, Council approved a motion that would allow immediate relief and also give additional time for Plummer to explore remedies to the pool. She agreed to cooperate in any future litigation.
“We will see if we get the contractor to take some liability on and to try to resolve the issue,” said Rooney at the time. “Regardless, we will be putting together a settlement offer.”
During a Council workshop earlier in the day, Plummer made a presentation that fortified paperwork sent to Town officials. Cereceda then met with the property owner and her representatives. It was reported the contractor involved with the construction was contacted but did not want to be in the conversation.
“The Buck stops with the five of us,” Cereceda said on Nov. 3. “This has been going on for four months. We need to expeditiously seek a bid to repair what is damaged.”
Council denies building variance for condo
A variance to allow a 10-foot setback for the construction of a 10-foot by 20-foot rear covered deck at a condominium at 2550 Estero Blvd. was denied Monday morning.
The Fort Myers Beach Town Council unanimously rejected the deviation to the building permit application for Tropical Shores Condominium unit #22 since it did not meet all five required factors listed in Town records. A requested letter by the applicant’s condominium association that was not provided was said to be another reason for the variance to be disallowed.
“I personally find (the applicant doesn’t) meet the first qualification and, if they don’t meet one, the request for variance fails,” said Councilwoman Rexann Hosafros.
“I think knowing that after the LPA (Town’s Local Planning Agency) requested the letter and they did not provide it is reason enough to deny it,” added Vice Mayor Dan Andre.
Town paperwork stated owners Michael and Sonia Tundo made the renovations request “to enhance the enjoyment of the property,” that there was no hardship associated with the variance and that the owner received approval from the Tropical Shores Condominium Association.
The only letter from the condo association provided to the Town involved submitted plans for an addition to the current balcony to change from 2′ by 12′ to 8′ by 16′ and a statement that stated all association members approved of the plans.
After a presentation, input from the condominium association attorney included the variance would be injurious to the public welfare and a nuisance to the surrounding properties. Public comment with negative feedback followed. Authorized agent David Easterbrook said the Tundos would be “happy” with the 8′ by 16′ variance. However, Council did not consider that condition.
Town not funding Connecticut sidewalks
During Councilmember items and reports, Councilman Alan Mandel made a reply to a resident who made an objection to future sidewalks being constructed on Connecticut Street.
The resident, Norbert DeMars, who stated there was no need for two-sided sidewalks during public comment earlier in the meeting, was unhappy Council would fund the work on the dead end street.
However, Mandel pointed out the sidewalks were high priority on the Lee County Metropolitan Planning Agency’s roadway improvements list and project dollars would come from MPO funds.
“It is being funded by MPO,” said Mandel.
Former Councilman Bob Raymond, who was chairman of the MPO while in Town office, could not be reached prior to newspaper deadline to provide more background into the request.
According to MPO Executive Director Don Scott, the application request for the sidewalk was signed by former Town Public Works Director Cathie Lewis in 2012. Federal enhancement funds would be the monetary source. Scott also said the project design is being planned for 2017-18, but was unsure if the design called for sidewalks on both sides of the road.
Sidewalk construction would follow design work in 2019-20. Connecticut Street is a Town side road that leads to Mound House.
Town settles with Plummer on construction damage
A resolution for reported damage done during construction work made at a seawall adjacent to 340 Fairweather Lane and, over time, areas of a nearby pool months ago was brought forth by Town attorney Derek Rooney Monday morning.
The Fort Myers Beach Town Council unanimously approved a settlement cost of $78,000. The Town’s equal share of the cost was reported to be $39,000.
Back in early November 2014, Council officially granted Rooney to craft an immediate agreement with the property owner, Beach resident Jane Plummer, to include construction of a 126-foot vinyl seawall in front of the existing seawall and to repair pool steps for stabilization that would essentially stabilize the pool deck. Plummer had made a claim for damages due to the direct result of erosion behind the seawall after the installation of storm water drain work apparently created cracking in the seawall and areas of her property.
The problem was noted to be exacerbated by the passage of time. The issue had been actively going on for four months, and cracking and movement was reportedly getting worse.
“As of last Friday, we’ve come to a resolution which eliminates (additional claims),” said Rooney. “The contractor, Mitchell & Stark (Construction), has stepped up and will split the cost with (the Town) on all of the operations.”
Rooney cited the settlement breakdown was $25,000 for pool work, $49,000 for seawall work and the remaining $4,000 was added for protection in case the overall cost was higher or additional work was needed.
“There was a cushion put in there in order to get the final settlement to eliminate any unanticipated consequences,” said Rooney.
Rooney said pressure from Town staff aided in the contractor agreeing with the split costs.
On Nov. 3, Council approved a motion that would allow immediate relief and also give additional time for Plummer to explore remedies to the pool. She agreed to cooperate in any future litigation.
“We will see if we get the contractor to take some liability on and to try to resolve the issue,” said Rooney at the time. “Regardless, we will be putting together a settlement offer.”
During a Council workshop earlier in the day, Plummer made a presentation that fortified paperwork sent to Town officials. Cereceda then met with the property owner and her representatives. It was reported the contractor involved with the construction was contacted but did not want to be in the conversation.
“The Buck stops with the five of us,” Cereceda said on Nov. 3. “This has been going on for four months. We need to expeditiously seek a bid to repair what is damaged.”
Council denies building variance for condo
A variance to allow a 10-foot setback for the construction of a 10-foot by 20-foot rear covered deck at a condominium at 2550 Estero Blvd. was denied Monday morning.
The Fort Myers Beach Town Council unanimously rejected the deviation to the building permit application for Tropical Shores Condominium unit #22 since it did not meet all five required factors listed in Town records. A requested letter by the applicant’s condominium association that was not provided was said to be another reason for the variance to be disallowed.
“I personally find (the applicant doesn’t) meet the first qualification and, if they don’t meet one, the request for variance fails,” said Councilwoman Rexann Hosafros.
“I think knowing that after the LPA (Town’s Local Planning Agency) requested the letter and they did not provide it is reason enough to deny it,” added Vice Mayor Dan Andre.
Town paperwork stated owners Michael and Sonia Tundo made the renovations request “to enhance the enjoyment of the property,” that there was no hardship associated with the variance and that the owner received approval from the Tropical Shores Condominium Association.
The only letter from the condo association provided to the Town involved submitted plans for an addition to the current balcony to change from 2′ by 12′ to 8′ by 16′ and a statement that stated all association members approved of the plans.
After a presentation, input from the condominium association attorney included the variance would be injurious to the public welfare and a nuisance to the surrounding properties. Public comment with negative feedback followed. Authorized agent David Easterbrook said the Tundos would be “happy” with the 8′ by 16′ variance. However, Council did not consider that condition.
Town not funding Connecticut sidewalks
During Councilmember items and reports, Councilman Alan Mandel made a reply to a resident who made an objection to future sidewalks being constructed on Connecticut Street.
The resident, Norbert DeMars, who stated there was no need for two-sided sidewalks during public comment earlier in the meeting, was unhappy Council would fund the work on the dead end street.
However, Mandel pointed out the sidewalks were high priority on the Lee County Metropolitan Planning Agency’s roadway improvements list and project dollars would come from MPO funds.
“It is being funded by MPO,” said Mandel.
Former Councilman Bob Raymond, who was chairman of the MPO while in Town office, could not be reached prior to newspaper deadline to provide more background into the request.
According to MPO Executive Director Don Scott, the application request for the sidewalk was signed by former Town Public Works Director Cathie Lewis in 2012. Federal enhancement funds would be the monetary source. Scott also said the project design is being planned for 2017-18, but was unsure if the design called for sidewalks on both sides of the road.
Sidewalk construction would follow design work in 2019-20. Connecticut Street is a Town side road that leads to Mound House.