A decision to send the Anna Maria zoning code to court may be slowing down.
Mayor Dan Murphy spoke at the Feb. 19 commission work session at Anna Maria City Hall, 10005 Gulf Drive, about ramifications of sending the zoning code for an interpretation to the 12th Judicial Circuit Court that would limit vacation rentals. The city’s position is that vacation rentals in the residential zone amount to commercial activity.
The original decision to go to court for a declaratory judgment was made Feb. 12.
After the gavel dropped to open the meeting, Murphy asked to talk to the commissioners.
“The process we reached last week about getting a declaratory judgment needs to be re-examined,” said Murphy. “It wasn’t on the agenda, it wasn’t advertised and we voted on something that will cost Anna Maria money.
Murphy said he looked into the legality of making such a decision at a work session and he wasn’t comfortable with what he learned.
“My research showed that, on one occasion, when a decision was made in a work session, the legality was questioned,” he said. “We need to be completely sure we want to move forward with this.”
Murphy also said he reached out to other municipalities with similar issues. Officials in other cities confirmed his thoughts about waiting to move forward.
Anna Maria commissioners were divided about whether to move forward or wait until the Feb. 26 regular meeting.
Commissioner Doug Copeland said he didn’t see the purpose of waiting a week.
However, Commissioner Carol Carter advised caution.
Commissioners agreed they needed to come to a unanimous decision before they could move forward.
The Feb. 12 vote was 3-2, with Copeland and Commissioner Dale Woodland opposed.
Murphy seemed satisfied by their response to wait until the next meeting to make a decision. “If we have a consensus, if we can put it on the regular meeting and advertise so that the public can be here, then we won’t need to worry about the question of legality.”
The commissioners talked about the time and costs of going to court. Attorney David Levine had advised that seeking a declaratory judgment could take a year and cost the city up to $200,000.
With that in mind, the vote was 4-0 to hold the decision for another week.
Chair Chuck Webb, who raised the issue at the Feb. 12 meeting, was absent.
Next, Woodland requested two items for consideration.
“Next week, when we come to this again, I want us to be sure of how much this will cost and how long this will take,” he said. “I also want to know exactly where Commissioner Webb is coming from and why he supports the decision to take this to the next level to get a declaratory judgment.”
The commission meeting will be at 6 p.m. Thursday, Feb. 26, at Anna Maria City Hall, 10005 Gulf Drive.