Overhaul looms for Siesta Village parking

The enforcement of ordinances governing businesses in Siesta Key Village have led to three lawsuits against Sarasota County since 2007. The most recent, filed by Village property owner Chris Brown, could mean big changes for parking space assessments.

In a rare public airing of county legal affairs, which are usually closed to the public in “shade meetings,” Sarasota County attorney Stephen Demarsh asked for board guidance for a lawsuit during an Aug. 21 Sarasota County Commission meeting.

Brown offered to settle his October 2011 lawsuit for $277,712.29 to cover legal fees he incurred while fighting to prove Sarasota County violated his civil rights with its 2011 parking tax assessments and for lost revenue during his previous two suits against the county.

Siesta Key Village restaurants are required to have one parking spot for every 50 square feet of patron space, unless grandfathered in after the ordinance changed in 2009. If the size of an eatery exceeds its available parking, the district issues taxes for the disparity.

Every business in the Siesta Key Public Improvement District, except for properties owned by Brown, including the Hub Baja Grill and the Cottage, had tax liabilities tied to parking decrease in 2011 compared with the previous year. Some of Brown’s properties had the same assessments double, which he alleges was a deliberate attempt to target his businesses with selective ordinance enforcement.

Sarasota Assistant County Attorney David Pearce, who was instrumental in crafting the parking ordinance, said in a memo submitted by Brown that assessments should not vary year to year.

Sarasota County Public Works Director Jim Harriott said Pearce misinterpreted the ordinance and that Brown’s 2011 tax assessments were correct to increase. Sarasota County Commissioner Joe Barbetta said he was concerned that a staff member had the ability to override the ruling of a county attorney, especially the one who crafted the ordinance.

But, Demarsh said Bentley & Bruning PA, the law firm representing Brown, didn’t submit enough evidence to justify the damages or confirm the extent to which Sarasota County is liable for the damages. Sarasota County commissioners voted 3-2 to reject the settlement, with Commissioner Joe Barbetta and Chairwoman Christine Robinson dissenting.

“I’ve been waiting a year for the county to depose me,” Brown said. He plans to fulfill the county’s discovery request within a week.

Details of the case troubled Barbetta and Commissioner Jon Thaxton, leading to unanimous approval for Sarasota County Administrator Randall Reid to return with options to tweak the ordinance to avoid future lawsuits, which he has 30 days to produce.

“I think the county does have some exposure on this — some exposure I’m not comfortable with,” said Thaxton.

Barbetta said the nature of the case, and evidence presented by Brown, paint the county in a negative light.

“This is a civil-rights case, let’s make sure we understand that,” Barbetta said.

Sarasota County’s legal history with 5148 Beach Road LLC, Brown’s company, shows a pattern that suggests there was an effort to single him out, he said.

Sarasota County settled with Brown in two previous lawsuits. But, he doesn’t intend to negotiate heavily to end this suit and expects a victory in court — if that’s where the matter ends up.

“I’m 2 and 0,” Brown said. “If they weren’t doing anything wrong, why would they keep trying to settle with me?”