Holmes Beach commissioners were expected to discuss “offer” letters to three Bert Harris claimants at a 3 p.m. Jan. 31 meeting, held after Islander press time.
The city response is required within 150 days by the Bert J. Harris Private Property Rights Protection Act after a property owner submits a claim alleging a government action inordinately burdened his or her property rights and loss of a reasonable investment-backed expectation.
Seventeen of 19 claims alleged against the city of Holmes Beach — most filed in 2016 — are pending a response.
According to the meeting notice, the commission would consider ratifying a Jan. 13 letter sent by city attorney Patty Petruff to attorney Scott Rudacille of Blalock Walters, P.A., of Bradenton, for a Bert Harris claim relating to 7003 Holmes Blvd.
Bob and Ellen McCaffrey, who own the Holmes Boulevard residence, filed their claim Aug. 24 and a lawsuit Jan. 20.
The McCaffreys allege $106,000 in lost value from five city ordinances enacted since 2013. In the lawsuit, the McCaffreys also allege Petruff’s Jan. 13 letter violated Florida’s Government-in-the-Sunshine Laws.
The meeting is expected to include consideration of Petruff response letters to Bert Harris claims involving 307 66th Street, Unit A, owned by Robin Rokinsky, and 214 54th St., owned by Lizzie Lu’s Island Retreat LLC. Both claims were made Sept. 7.
On Rokinsky’s behalf, Rudacille submitted a $345,000 claim. The claim states the six-bedroom 66th Street property, which regularly rents to 15 people, will be limited to 12 under the Sept. 8, 2015, vacation rental ordinance that limited occupancy to a maximum two persons per bedroom.
Lizzie Lu, Morgan Bentley and Bruning, P.A., of Sarasota, submitted a $730,000 Bert Harris claim alleging an inordinate burden due to the same city ordinance.
The letters Petruff seeks approval for offer no concessions or settlement, but rather provide a statement of allowable uses under the city’s R-2 zoning ordinance.
The claimants can accept the city “offers” or resort to the circuit court for relief.
Holmes Beach commission meetings are held at city hall, 5801 Marina Drive.