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Tarpon leaders vote to sell city land

The City Commission approves sale of 7.2 acres north of Helen Ellis Memorial Hospital for the Meres Crossing project.

By ROBIN STEIN
Published August 31, 2006

TARPON SPRINGS - Despite several potentially sticky delays, city commissioners agreed to sell municipally owned land along the Pinellas Trail to developers on Tuesday night.

Commissioners voted 4-1 to approve a sale to AG Armstrong, the development company proposing to use the 7.2-acre parcel north of Helen Ellis Memorial Hospital for a mixed-use project called Meres Crossing.

The commission's special session vote Tuesday marked a victory for the project's proponents, especially in light of the decision to not oblige Helen Ellis hospital in its request for a 10-day delay.

But other hurdles were not so easily resolved.

The price needs to be decided and a development agreement approved. Also unresolved are questions about the legality of the March referendum authorizing the sale raised by Commissioner Peter Dalacos, who cast the sole vote against resolution.

"We don't have the right to sell the property because it was not a valid referendum," Dalacos said. "We are going against the charter."

In March, residents voted 1,470 to 610 in favor of authorizing the city to sell the land for "not less than the appraised value."

But Dalacos argued the ballot failed to comply with a City Charter amendment passed in 2000 that requires such referendum items to include more specifics.

To support his contention, Dalacos passed out memos and minutes from the city's Charter Review Commission that recommended the 2000 amendment. Prompting the change, it seems, was a past referendum requesting authorization to sell other city property "for not less than its appraised market value."

This phrasing, the review commission concluded, failed to provide voters with sufficient information to cast an intelligent vote and left "too much discretion to the appraiser and to the City Commission."

As a result, the charter was changed. It now requires that "the terms of certain transactions be disclosed and approved."

Dalacos' challenge seemed to surprise everyone on the commission, as well as the city staff.

"I think it was a legitimate question," said Jim Yacavone, assistant city attorney. "I appreciate him finding background that I would probably never have found. It is pretty clear on the face of the minutes that the prior Charter Review Commission certainly intended a level of detail."

Yacavone said he is researching the issue and expects to determine what it will mean by early next week.

Yet, the other commissioners did not think the concern was a deal-breaker, or even a deal-delayer. Instead, the resolution was simply amended to include several contingencies.Yacavone boiled it down in layman's terms.

"We agree to sell it to you provided there is a mutually agreeable development agreement, pending a final decision on the sale price and pending a determination of whether the referendum language was legal."

AG Armstrong promises Meres Crossing will be a "beautiful entrance way to the historic downtown." Their tentative plans put the estimated costs of about $30-million and call for shops, 47 condominiums and a major grocery store, which city planning staff identified as Sweetbay.

The company expects to break ground early next year, and finish by the middle of 2008.

Robin Stein can be reached at rstein@sptimes.com or (727) 445-4157.

[Last modified August 30, 2006, 23:49:15]