Anna Maria commissioners may feel they are in a difficult place on the Bert Harris claims against the city that have a deadline to settle this month, but they plan to take a tougher stance on future claims.
And the current claimants can’t expect any monetary damages, despite what they think they were promised by the former city attorney, Commission Chair Chuck Webb said at a Jan. 15 commission meeting.
To settle a Bert Harris claim, the city must offer the claimant the right to build what he or she could before the city adopted the living-area-ratio ordinance in April 2013, Webb said. That wipes away any “taking” of property value.
In the two Bert Harris claims against the city by Shawn Kaleta of Willow Avenue, he’s asking for $342,000 each for two properties.
Kaleta said that’s how much the loss amounts to on the appraisals of the properties after the LAR ordinance passed, and the larger homes that were planned could not be built.
So what, commissioners said.
Commissioner Doug Copeland said he’d like to fight the claim, but because appraisals were never obtained for the city’s defense, the simple solution is to allow Kaleta to build the size home he could have before the LAR ordinance was adopted. That way, nothing is taken away, Copeland said.
So moved, said Commissioner Carol Carter in a motion seconded by Commissioner Nancy Yetter.
Commissioners unanimously adopted a motion for city attorney Ricinda Perry to inform Kaleta’s attorney, Sean Kelly of Najmy Thompson P.A. of Bradenton, that Kaleta can build to pre-LAR conditions on the two properties in his claim, and that no monetary damages will be paid.
Webb said, because there is no longer a “taking” of any property rights or loss of value by a local government’s action, the Kaleta claims are resolved.
In the five Bert Harris claims by Erik Abrahamson, the deadline to approve the settlement offer to build at pre-LAR standards was advanced in an earlier meeting on Jan. 13 to Jan. 29.
City planner Alan Garrett will check the figures presented by Abrahamson and verify loss of the living area he claims he could have built pre-LAR. Garrett will report his findings to commission at the Jan. 28 meeting.
Abrahamson said his appraisals show he’s lost $651,600 in value on his five properties due to the LAR limits.
Webb was infuriated that the city did not perform appraisals for a defense, although newly appointed interim attorney Ricinda Perry outlined the scenario if the city were to defend the claims in court, saying it was unlikely the city would prevail. She said it would be obvious to a jury that a house with less square footage would have less value.
Abrahamson’s attorney, Scott Rudacille of Lewis Longman and Walker PA of Bradenton, submitted a settlement offer to build at pre-LAR standards that was reviewed by Murphy and Commissioner Carol Carter with former attorney Jim Dye in December.
It was not, however, presented to commissioners.
Another Bert Harris claim was brought against the city by Mark and Kathy McClean after the city denied them a variance to build an elevator at their Tern Avenue residence.
Dye reached a settlement with the McCleans through attorney Peter Mackey for $12,100 in November and commissioners agreed to pay.
But the city didn’t pay. In early January, Mackey countered that an additional $1,000 in attorney fees had accumulated in the case since the settlement offer was made.
Perry said, in her opinion, the McCleans didn’t have a Bert Harris claim as nothing was taken from their property value by the LAR ordinance or denial of the variance.
Commissioner Dale Woodland appeared to be incensed. He said, “At this late hour, we don’t have time to review and challenge.” The claim’s deadline for settlement is Jan. 22, he noted.
Webb and Yetter wanted to stick with the original amount, but were out-voted by Woodland, Carter and Doug Copeland.
“I just want to get rid of this thing,” Copeland said, “We’ve got more important issues to deal with, such as vacation rentals. But in the future, I want an attorney that’s going to do due diligence on these things and we’re going to fight these claims.”
Webb agreed. Too many builders think Anna Maria is a pushover for a Bert Harris claim.
“I’ve talked with Holmes Beach and they don’t have these problems,” Webb said.
“Let’s get the word out that we’re no longer giving in to these outrageous demands and we’ll hire a Bert Harris expert to review any claims and give us plenty of time to challenge,” he said. “We can’t keep being intimidated.”
Yetter agreed. “This commission needs backbone to not keep getting backed into a corner.”
Woodland also agreed, but said the unusual circumstances of lack of time and miscommunication, or lack thereof, between Dye and the commission left the city in an untenable position. “That’s not going to happen again,” he said.
Commissioners asked Mayor Dan Murphy to look for an expert attorney on the Bert Harris Property Rights Act to defend such claims in the future.
Murphy also is looking for a permanent city attorney. Meanwhile, Perry will not be advising on the vacation property ordinance that commissioners hope to enact in the near future.
The commission is waiting on an opinion of its residential zoning ordinance from attorney Sue Travarthen of Fort Lauderdale before continuing discussion on the topic.
The commission’s next meeting is 6 p.m. Thursday, Jan. 22, at Anna Maria City Hall, 10005 Gulf Drive.
