On June 4, 2010, following the City Commission's May 27th vote denying PAR's 308 Pine site plan, City Attorney Jim Dye sent THIS letter to Commission Chairman John Quam. It is also available in the public reading file at Anna Maria City Hall.
The letter addresses "procedural questions which have arisen" as to whether the Commission's denial can be "reconsidered." Interestingly though, Mr. Dye does not identify whose "questions" prompted his research into the issue. Though he directs the letter to Commissioner Quam in his capacity as Chair, the vagueness of his reference seems to indicate that the questions came from a source other than Mr. Quam. The letter is copied to the Mayor and City Clerk, as is custom, but there is no indication that either were the source of the inquiry.
Mr. Dye's conclusion, at least in my estimation, is essentially that since there is no "formal rule specifically addressing [the] situation" it would be cumbersome and require multiple additional hearings. Apparently though, it is possible for a motion for reconsideration to be procedurally wrangled through the Commission, but only upon the motion of a commissioner who originally voted for denial of the application.
First, who asked for the legal opinion?
And second, why?
Monday, June 7, 2010
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