Holmes Beach commissioners unanimously voted Jan. 31 to stand behind the city ordinances attacked by three Bert Harris claimants.
City attorney Patty Petruff presented three letters addressed to claimants meant to comply with the Bert J. Harris Jr. Private Property Rights Protection Act.
Two letters offer no settlement and no change from a Sept. 8, 2015, ordinance, which imposes bedroom and occupancy limits, to Robin Rokisky and Lizzie Lu’s Island Retreat LLC. They allege the ordinance inordinately burdened their property rights and caused losses of $345,000 and $730,000, respectively.
Similarly, Petruff’s third letter indicates “no changes” to Holmes Beach property owners Bob and Ellen McCaffrey.
The McCaffreys allege a $106,000 loss in a two-count complaint filed Jan. 20 in the 12th Circuit Court.
In a Bert Harris count, they claim six city ordinances violated their rights to a reasonable investment-backed expectation from their 7003 Holmes Blvd. property.
The other count alleges the city violated the Sunshine Law when Petruff sent them a response letter without prior commission approval.
When served with a Bert Harris claim, state law requires the city to respond within 150 days.
The response can be a settlement offer or a letter of no change — the latter being the only Holmes Beach response thus far.
About the “no-change” letter sent to the McCaffreys, Petruff said she sent it after the commission discussed the Bert Harris claims against the city “on a global basis.”
“I did think I had the authority to send the letter,” she said. Each letter, including the ratification letter, was approved 5-0.
The letters are backed by the opinion of attorney Jay Daigneault, handling claims for the city insurer, who told Petruff the city has valid defenses.
The Clearwater attorney of Trask Daigneault LLP was hired to defend the city in the Harris act lawsuit filed by 306 Clark Drive LLC. That suit seeks relief from the city ordinance that halted two duplex units with four bedrooms each.
The Daigneault firm also defended a case filed by Leah Marie Enterprises LLC and Kathleen Morgan against city building decisions at 626 Key Royale Drive.
A March 9 hearing is set for a city motion to dismiss on 306 Clark.
Also related to 306 Clark, the city is expected to reply in mid-February to a Jan. 19 letter from its attorneys. In it, Najmy Thompson, P.L., of Bradenton, asks the city to settle the case by allowing a fourth bedroom and an additional bathroom in both units.
The Leah Marie case is pending a decision from 12th Circuit Judge Gilbert A. Smith Jr.
Commission Chair Judy Titsworth asked Petruff if other letters needed ratification.
Petruff responded “no.” One case was in litigation with no challenge and the claimant and city officials in another have gone “back and forth.”
After the meeting, Titsworth acknowledged three prior responses.
Nineteen Harris claims thus far have been made against Holmes Beach for damages due to the city’s vacation rental ordinances — mostly complaining of the imposed two-person-per-bedroom or six-occupancy limit.
Other claims include challenges to city land-area-ratio restrictions, detached duplexes, pool and patio setbacks and bedroom size.
More Bert Harris letters are expected in the coming months, Petruff said.
Awaiting a city response are the following claims:
113 36th St. Unit B, VM Seaside LLC, $210,000.
309 65th St. Unit B, Christopher and Karen Norton, $275,000.
106 75th St., Swackhammer Investments VI LLC, Bmeehan Investments VI LLC, Kmmehan Investments VI LLC, $225,000.
316 63rd St., Jeffrey and Annette Gutzwiller, $195,000.
205 N. Harbor Drive, Manatee AMI LLC, $195,000.
301 74th St., Stephen and Karen Travill, $195,000
206 N. Harbor Drive, Cove AMI LLC, $345,000.
4804 Gulf Drive, Florida Gulf Coast Vacation Homes, $270,000.
211 54th St., Florida Gulf Coast Vacation Homes, $395,000.
104 75th St., Fred Hutchinson Trust, $552,000.
6906 Holmes Blvd., Florida Gulf Coast Vacation Homes, $395,000.
6422 Gulf Drive, Unit 5, R. Carlile Roberts, $380,000.
204 69th St., Tyler and Melissa Prout, $355,000.