Sarasota Orchestra Proposal Update - March 7th , 2019

Post date: 08-Mar-2019 00:12:44

• A complaint form with EPA to report the destruction of the pond as a wetlands violation.

  • The Payne Trust, which ceded the land for the park to the city, clearly states that the land is to be used only as a park, and for recreational activities, It seems that language in the Deed allows for the Park to be used for 'kindred uses'.

  • The legality of allowing construction of the Music Center on Payne Park turns on the meaning of “kindred”, City Attorney Fournier believes 'building of the Music Center' is a 'kindred use'. A copy of the Deed has been obtained as is available below under 'Files'. Florida case-law would need to be researched to see how “kindred” has been interpreted in the past.

  • Although it seems obvious that an orchestra is not “kindred” to the 'park or playground' use mentioned in the Deed, case law isn’t always as sensible as we would like and fighting a legal case would be costly and lengthy. Even if what the Orchestra is proposing is legal, that does not mean it is appropriate. As John Killen so adroitly wrote in his communication to Commissioners:- "In what world is sitting around in tuxedos and ball gowns and listening to music a form of recreation? Does the Symphony come under the auspices of the Department of Recreation? It is not recreation, it is entertainment, similar to going to the movies. Would the City consider approving a 12-screen multiplex theater in Payne Park? I doubt it."

• If enough City Commissioners hear from enough impassioned tennis players, they should vote against the plan regardless of its legality

• The best course of action at the moment is to explore all avenues of protest and complaint.