Sarasota News Leader

12/07/2012

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Sarasota News Leader December 7, 2012 the meeting two months ago, she said, "People understood that they would pay for half of the cost" of the parking lot. She added, "What I don't understand is why [the assessment value] was ever fixed to go up or down, and I think it needs to be nailed in place." The Oct. 10 parking district discussion followed the airing of commissioner concerns in August about a third lawsuit Siesta property owner Chris Brown filed against the county, this one in October 2011. That lawsuit provided documentation that Brown had seen the parking assessments for three of his Siesta Village properties rise on his 2011 property tax bill, while the assessments for other properties in the district had gone down. One of his assessments was up about 1,500 percent over the amount on his 2010 tax bill. Page 45 Brown has claimed damages of $1.7 million as a result of lost profits at The Hub Baja Grill — the first business in which he encountered parking assessment issues with the county — court costs and attorney's fees. He filed his original lawsuit against the county in 2007, after The Hub's opening was halted for three months because of the reversal of a decision made by the county's zoning administrator at the time. That decision was linked to the parking capacity for The Hub. THE REMAINING BALANCE Montague told the commissioners on Dec. 4 that when the 2012 fiscal year ended on Sept. 30, the balance remaining to be paid for the municipal parking lot was $334,680. A memo to the board dated the same day from Montague's boss, Chief Engineer James K. Brown's third lawsuit remains unresolved, Harriott Jr., says anticipated revenues for the with a mediation hearing set for Feb. 1, 2013; 2013 fiscal year are $47,811, "leaving an anticthat session was delayed from this month, ac- ipated debt of $286,868." cording to court records. The county's general fund would absorb the Brown offered to settle the suit with the coun- remaining amount, the memo notes. ty for $315,000 in October — an increase from The parking lot was completed in 2000 at a an earlier offer of $277,219. cost of $863,714.51, according to the same The second settlement figure has not been memo. The county paid for the work from its broached to the County Commission. Brown's general fund, with the understanding properattorney, Morgan Bentley of Bentley & Brun- ties within the Siesta Village Parking Improveing in Sarasota, told The Sarasota News Lead- ment District would be assessed annually to er, "If no commissioner brings it up, it's up to repay the money, the memo points out. [County Attorney Stephen DeMarsh] to bring Commissioner Carolyn Mason made the moit up." tion to accept the staff recommendation for DeMarsh told the News Leader on Nov. 20 that he had not mentioned the second figure to the board because of his staff's work on the lawsuit. the Dec. 4 vote. Commissioner Joe Barbetta seconded it. None of the board members offered a comment prior to the vote. %

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