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Legal review sought on condo-hotel rules

Treasure Island hires a Boca Raton firm that specializes in land use to scrutinize its regulations.

By PAUL SWIDER
Published March 27, 2005

The legal ramification of defining condo-hotels was a topic of considerable discussion during last week's Treasure Island City Commission meeting.

Though commissioners approved unanimously a first reading of an ordinance concerning the newly popular structures, there is some concern that the city get its regulations right. Commissioners approved a contract to have another attorney, besides the city's Maura Kiefer, review them. "I have a lot of confidence in these regulations," Kiefer said. "I think they're legally sound. But the city's been through a lot of litigation in the past."

Commissioner Edward Gayton noted that the city spent almost $2-million settling the Land's End zoning dispute in 2002, so the $3,000 contract with attorney Charles Siemon of Siemon and Larsen in Boca Raton, a nationally known land-use firm, seemed like a good investment.

Commissioners Phil Collins and Alan Bildz were both concerned that Siemon himself would not be involved but would delegate the review to staff.

"What if he just opens the regulation, agrees with it and cashes our check?" Bildz asked. Kiefer assured the commissioners that Siemon and his firm would stand behind a review and that, because the firm is small, Siemon himself was likely to be directly involved.

The condo-hotel ordinance defines the hybrid ownership arrangement whereby individual condo owners belong to an association that rents the units when owners are not occupying them. Such rentals, and even stays by owners, cannot be long term: there must be new occupants at least six times a year, and owners themselves can stay in the units no more than 90 days in a year. Condo-hotels are still subject to tourist-tax collections.

In other commission action:

Commissioners approved 4-1 the first reading of an ordinance limiting terms for those who serve on boards and committees. The ordinance follows a nonbinding referendum city voters passed in November. Mayor Mary Maloof was the lone no vote, noting that state term limits for the Legislature are now the subject of revision in Tallahassee.

"It's bad policy," she said. "You get people up there with no experience, no memory. A business would never run that way."

Maloof said it's hard enough for Treasure Island to find volunteers to serve such boards as Planning and Zoning or Code Enforcement. She said limiting terms will make it harder still to fill those boards with competent people.

Later, the commissioners voted unanimously to appoint Ken Brown to the Code Enforcement Board, replacing Robert Stambaugh, who had resigned.

The commissioners also unanimously accepted Phil Graham and Company as landscape architects of record for city projects. City Manager Ralph Stone said the action essentially puts Graham on retainer for two years for projects such as the Beach Trail and other work as it arises.

Some commissioners were concerned that Graham and city staff would decide the nature of landscaping without public input because the contract only requires public and commission involvement when work cost exceeds $8,000. Stone said most projects would exceed that level and that concerns about smaller work were the product of some residents taking a "defensive posture" about city work.

"There are always two sides to these things," Stone said.

The projects will be funded, Stone said, from about $300,000 remaining from the city's share of compensation from the 1993 oil spill in the mouth of Tampa Bay.

Commissioners also approved a $15,000 contract with Bell's Fireworks Company for the city's July 4 fireworks display. Commissioners expressed dismay that, despite a countywide ban on fireworks and the money the city spends on a public display, they've seen too many illegal fireworks used in public. They asked that police Chief Joseph Pelkington appear before them before July 4 to talk about illegal fireworks and other related safety issues. Gayton was concerned about police use of all-terrain vehicles on the beach last July 4 at what he said were unsafe speeds. He said residents told him they thought it was dangerous when police sped through crowds at night on the small vehicles.

Commissioners also approved spending up to $4,700 for 50 banners to commemorate the city's 50th anniversary. The original item would have given the contract to Signs Now 92 of Largo, based on work that company did for South Pasadena, but commissioners asked staff to first try to find competing bids. If staff cannot get two more bids by April 1 and/or those bids will not save the city money, Signs Now will receive the contract. Thirty of the banners will go up along Gulf Boulevard and another 20 along 107th Avenue/Treasure Island Causeway. The city's anniversary is in May.

[Last modified March 27, 2005, 00:34:19]