The Hub settlement gets an airing
As a result of the Nov. 17 Sarasota County Commission meeting, it appears the only detail remaining to resolve The Hub lawsuit is a public hearing on Dec. 15.
The county commissioners on Nov. 17 voted 4-1 to accept the terms resulting from mediation on Nov. 6. The "No" vote came from Commissioner Nora Patterson, who had concerns about the settlement including a special exception for music at The Hub.
According to the settlement, the county will pay Brown $35,000, hold a public hearing on vacating its right-of-way alongside the restaurant on Ocean Boulevard and give Brown a perpetual special exception (SE) that will allow him to have music played at a level up to 85 decibels until 1:30 a.m.
The right-of-way issue relates to complaints lodged with the county zoning department after The Hub opened. People had said Brown had seating and a railing along the Ocean Boulevard side of the restaurant that edged over the sidewalk, which is county right-of-way. The zoning staff had Brown remove the railing and his first row of tables.
In his amended lawsuit against the county and the Siesta Key Association – filed July 14 – Brown claimed then county Zoning Administrator Tina Crawford had given The Hub the go-ahead to open in the fall of 2007, but pressure was exerted on her to change that opinion, resulting in the restaurant’s losing three months of business. The lawsuit included documentation about a meeting involving representatives of the SKA and county officials regarding allegations that The Hub was not complying with the zoning code’s parking requirements.
Brown claimed that he had worked with Crawford to pay the county a fee in lieu of having adequate spaces, as allowed for in the zoning code.
The Pelican’s intrepid county reporter, Stan Zimmerman, provided me with details from the commissioners’ discussions about the settlement. I was working on deadline for the Nov. 19 issue of the paper and unable to watch the proceedings.
The following is Stan’s report:
Patterson said she had no problem with the awarding of $35,000 in damages to Brown or the vacation of the right-of-way, "especially with a public hearing a no automatic approval."
She said enough county right-of-way still would exist to allow ease of pedestrian passage on the sidewalk
Regarding the special exception for the music, however, she pointed out that there are two other SEs in Siesta Village. They allow 75 dB of "noise" until 11 p.m. on weekdays and until midnight on Saturdays.
The 85 dB issue is a problem, she said. "This blows right through the county [noise] ordinance and makes enforcement problematic."
She also protested the 1:30 a.m. ending time for the music.
"We’re working on a noise ordinance with the sheriff," she said, "so should we be expanding hours? This one seems unfair to the other establishments and people who live in the area."
Patterson added, "If we approve the SE for [The Hub], it should be coherent with our noise ordinance and the rest of the facilities."
The actual exception dates from 1991, according to the discussion, when the restaurant Fandango International Café occupied the space where The Hub was built. Later, the space was divided into the Yellow Cup restaurant and a Chinese restaurant. Siesta Key Association members had argued that neither of those establishments had live music and that the zoning code allows a special exception to expire if it is not used for 18 months.
Brown says he has affidavits stating the special exception was used during the period the Yellow Cup and China Dragon existed in the space The Hub occupies.
Commissioner Joe Barbetta jumped into the discussion, according to Stan: "Tina [Crawford] issued the renovation documents, and the SE was continued."
Residents had ridden county staff hard over the matter, he added. "What I’ve witnessed is beyond belief," he said. "It is selective enforcement against this gentleman. [Brown] runs an incredible operation."
"I have no problem if the SE was coherent with the others," Patterson said. "The others have to lower their noise at 10 p.m. to 60 dB. At the very least, [Brown] should show the same courtesy."
"It is a continuation of what was granted in 1991," Barbetta said. "Tina accepted that."
"I can’t accept this SE is perpetual as long as it’s a restaurant," Patterson said.
"I can’t see your side, Nora," Commissioner Shannon Staub interjected. "We could have a lot bigger bill."
(County Attorney Steve DeMarsh already had told the commissioners he had expected the county to have to pay $75,000 in legal fees and $100,000 in damages if the county lost the suit in court. He had recommended the board approve the mitigation agreement to contain the losses.)
"I move adoption of the settlement," Barbetta said, seconding Staub’s motion.
"If the board approves this, the sheriff’s problem in noise enforcement becomes completely legitimate," Patterson said. "This allows the doubling of [allowable] noise. Is it this organization generating 80 or 85 dB or the one next to them? I would [say] it becomes impossible to tell."
Carolyn Mason then interjected, "This resolution is from 1992. How do we go back and undo it?"
"You can’t change its terms," DeMarsh said.
Patterson suggested the commission hold a public hearing for the special exception.
"[The Hub is] surrounded by commercial operations," Barbetta said. "Just down the road at the [Siesta Key] Oyster Bar, there’s a band on a deck. This settlement is the right thing to do. I’m not willing to risk the taxpayers’ money."
Commission Chair Jon Thaxton then joined the discussion: "The wild card weighing heavily on my decision is not the ability of the county attorney to uphold this in court, but my faith in the courts is greatly diminished. The vulnerability to a greater loss is real. I, too, was surprised at the size of the settlement. I thought it would be six digits. I support the motion."
Patterson responded, "I would ask that Mr. Brown – since he’ll have a privilege nobody else has – would be courteous. I hope he continues to be the good citizen he always has been."
AS FOR THE SKA ...
Although the SKA was not involved in the Nov. 6 mediation, I called Lourdes Ramirez, the organization’s president, to ask if she had any comment about the county’s settlement. She couldn’t say anything, she responded. "As far as we’re concerned, [the lawsuit is] still ongoing for us."
No word, either, on how much the SKA has spent on legal fees to defend itself. As the organization is a 501(c)(4) nonprofit, the IRS requires it to file an annual tax form called a 990.
However, according to IRS guidelines, no nonprofit has to provide information about its finances in between those filings.
To my knowledge, August was the last time SKA Treasurer Bob Tripp offered a public update on the organization’s finances. He reported $586 in expenses for the month of July, but he did not specify what those expenses were.
At the beginning of the Sept. 3 SKA meeting, Ramirez announced a streamlining of the agenda from that time on, saying people had told her they would be more inclined to attend if the monthly sessions did not last so long.
On a related note: The SKA board members were carrying liability insurance at least through 2008. According to the 990 filed on Aug. 6, the organization paid $3,312 for liability insurance last year.
ANY CONNECTION?
On Tuesday, Nov. 10, just days after the mediation was held in The Hub lawsuit, County Administrator Jim Ley sent out the following e-mail to all the commissioners and a number of other county employees:
"Dear Commissioners: Effective Thursday, Nov. 12, Rob Lewis has appointed Brad Bailey to serve as Acting Zoning Administrator. Tina Crawford will be working with Planning Services. As you know we must continuously seek to evolve our business models and resources to best fit the needs of the Board and the community. This shift in resources recognizes the need to evolve our zoning and land development business model and to apply Tina’s extensive background in planning ( you’ll recall she came to us originally as a planner). Brad has extensive background with us having served in land development, and as an assistant zoning administrator. In order to continue to flatten our organization Brad and the zoning staff he oversees will be folded into the Land Development work unit. This is an interim business modeling step. As we move through the development of the FY11 budget you will see me continue to evolve such models depending on Board direction and resources. If you have any questions please give Rob a call ... I will continue to keep you apprised."
When I asked if Crawford’s job change was related to the outcome of the mediation, county spokesman Warren Richardson noted that, as Ley had pointed out in the e-mail, her background is in planning. "I think it’s kind of a business model reorganization," Richardson said.