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$465,000 at stake in lift station dispute
By WAYNE AYERS
Article published on Tuesday, Dec. 18, 2007 |
MADEIRA BEACH – The alleged failure of a developer to follow through on an agreement to rebuild a utility pumping station could wind up costing the city $465,000.
City Attorney Michael Connolly announced at the Dec. 11 Board of Commissioners meeting that the county is withholding $465,000 of the purchase price to be paid to the city for the sale of its sewer system last year. The money is being held because the developer of the Madeira Bay condominium project has not followed through on his agreement to reconstruct a pump station, Connolly said.
Connolly said the developer’s failure to submit plans for the pump station is “clearly a breach of contract,” and he asked commissioners to file suit against the developer.
An agreement to relocate and rebuild the station was signed in March 2006 by then-city manager Jill Silverboard and Sam J. Lewis, manager of Ameris Realty of Florida. The agreement obligates the developer to demolish the existing pump station building and construct a new lift station building to house control panels and equipment. The contract specifies that the building will “look like a guard house” and “have a Mediterranean theme consistent with the other buildings on the Madeira Bay Project site.”
The contract with the developer to rebuild the pump station was signed prior to the city’s decision to sell its municipal sewer system to Pinellas County for $2 million in August 2006. The county withheld $465,000 of the purchase price pending completion of the pump station replacement.
Connolly said the county is definitely taking over the pump station project from the developer.
A letter from Kevin Becotte, Pinellas County Utilities Engineering, dated Dec. 10 states, in part, “… it is now time for the county to develop a set of plans so that replacement of this pump station can be expedited.”
With $465,000 at stake, the commission readily agreed to Connolly’s request to file a breach of contract suit against the developer. Mayor Charles Parker directed Connolly, “If it is appropriate to file a breach of contract, do it.”
Developer Sam Lewis offered a different perspective on the pump station impasse, when reached at his firm’s Tennessee headquarters. Lewis said continual changes and confusion related to plans, specifications and personnel in charge have made the pump station impossible to build.
“We are willing, ready and able to build (the pump station) when we find out exactly what they want,” Lewis said.
Lewis said the project was initially managed by the city, then turned over to the county. Two county engineers have been assigned to the lift station construction, each with differing ideas on how to build it. Changes have been made to the location of the generator, size of the entrance and shape of the roofline after plans had been drawn up, Lewis said.
After each change, plans must be resubmitted for approval, which is a lengthy process, he added.
Lewis insists his company has always been willing to do the pump station and always been willing to pay for it.
“Tell us what you want to build and give us a permit to do it. We’d love to be able to finish this pump station,” Lewis said.
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Article published on Tuesday, Dec. 18, 2007
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