FORT MYERS BEACH
LOCAL PLANNING AGENCY MEETING
JANUARY 15, 2002
Town Hall - Council Chambers
2523 Estero Boulevard
FORT MYERS BEACH, FLORIDA
The meeting of the LPA was opened by Chairman Roxie Smith on Tuesday, January 15, 2002, at 12:00 p.m..
Members present at the meeting: Anita Cereceda, Nancy Mulholland, Jane Plummer, Betty Simpson, Jessica Titus, Harold Huber, Jodi Hester and Chairman Roxie Smith.
Excused absence from meeting: Hank Zuba
Staff present at meeting: Town Manager Marsha Segal-George, Deputy Town Manager John Gucciardo, Dan Folke and Bill Spikowski
II. INVOCATION AND PLEDGE OF ALLEGIANCE
Invocation was made by Chairman Roxie Smith. All assembled and recited the Pledge of Allegiance.
III. RE-ORGANIZATION OF THE LPA
MOTION: Made by Harold Huber and seconded by to keep the current Chairman Roxie Smith and Vice Chairman Betty Simpson. Motion withdrawn by Harold Huber prior to having a second.
Town Manager Segal-George expressed that when the LPA was created the Chairman would only serve 2 or 3 terms in a row. Roxie Smith has served for two terms. The LPA may wish to alternate the Chairman and Vice Chairman position each meeting or they may make a motion to change the policy.
MOTION: Made by Harold Huber and seconded by to have Betty Simpson as Chairman and Roxie Smith as Vice Chairman. Motion withdrawn by Harold Huber prior to having a second.
MOTION: Made by Anita Cereceda and seconded by Jessica Titus to have Betty Simpson and Roxie Smith serve for the duration of this year as Co-Chair’s of the Local Planning Agency. Motion passes unanimously.
Town Manager Segal-George clarified that Roxie Smith will serve as Chairman for this meeting and Betty Simpson will serve as Chairman at next weeks meeting.
IV. PUBLIC COMMENT ON AGENDA ITEMS
Chairman Roxie Smith indicated that she has a lot of cards for those who wish to speak at this meeting. She reviewed the rules and indicated that there is a 3 minute time limitation.
Elaine Jett came forward and indicated that she is a property owner on the beach. She became an owner on Fort Myers Beach because she had the unfortunate experience of owning property on Sanibel when the institution of just such a short term rental came into effect. When they began to enforce the 30 day limitation she found it impossible to maintain her property. In order to survive in the off-season she must rent her property weekly. The demographics of the vacationing public has changed. She has been fortunate to have renters come and stay in her guest cottage for more then one month. This is not the case after April. She cannot survive on the earnings of 3 months. If this rule is changed it is inevitable that she will sell her home and move elsewhere. She loves the beach and does not want to leave.
Rick Radenoius came forward and has lived on the beach for 30 years. He came to the beach because his folks purchased the Dolphin Inn Motel. He is familiar with short term rentals. The beach is a tourist area and without the tourism they will have not much. They really rely on this and he hopes that this will be reconsidered.
Debbie Hussey Mulhearn with Hussey Realty came forward. She feels that they need to look at what is the issue and what is the island. Private property rights exist and people have the right to own their property. People bought with a certain intention and it will be a hardship for many people. Is this a short term rental problem or a behavior problem of those occupying the properties? She indicated that in Monroe County and up in Clearwater this rule on short term rentals has caused a great deal of hardship. Many small businesses on the island count on the tourist business. She feels that they need to study this further to see the businesses that may close, and the vacancies they might have in the leased units for commercial as well.
Bonnie Matts came forward and expressed that she is a homeowner and business owner on the beach. She feels that her rights would be violated if this short term rental ordinance passes. She commented if year round residents are having difficulty with noisy short term tenants it should be directed toward the police and not the taxpayers.
Jim Bagley came forward and indicated that he owns property on Driftwood. He has found in his neighborhood the best maintained properties are the short term rentals. Some of the worst are long term. He is concerned about the arbitrary manner that borders were drawn. When he purchased his property he very carefully went over any deed restrictions that may exist. The way of life on the island is subsidized by the visitors. The visitors need to be treasured. He believes that they have a community that is unique in the mix of residences. He feels that they would be making a huge mistake, if they changed this rule.
Marie Igerman who lives at Glenview Manor Drive came forward. She indicated that she lives in the so called “quiet center”. She is unimpressed by the statements heard characterizing Fort Myers Beach as a resort. “ Oh well this is a resort and we will have to put up with any sort of behavior our treasured visitors chose to inflict on the taxpayers”. She feels very strongly that she has rights to enjoy her property in peace without the irritation of nuisance behaviors. She is advising the agency that those who have been troubled by nuisance visitors might very well favor a licensing inspection and tax fee situation. This could discourage short term rentals in areas which are now primarily residential.
Al Miller represents the property owners on Hibiscus Drive. He indicated that if you have difficulty with obnoxious behavior you call to get results from the police department. This is called disturbing the peace. Every place in the United States follows this rule. He does not know why this is being brought up on Fort Myers Beach. The business people need every nickel and dime that comes on this beach. There is a lot of business here for the little guy. He feels that they are fooling with the property rights of the people.
Don Moringiello came forward and indicated that he is resident of Fort Myers Beach. Six years ago when he purchased his home he was told by his Realtor that the home was in a quiet family neighborhood and it was. 18 months ago the home next to him was sold to a developer that owns several homes on the island. The home is now rented on a daily basis. Short term could mean daily. Renters are here in a party mode. When they leave they bag trash and pile it up on the property line between the rental property and his property. This usually interferes with his mailbox and he must move it or he will not get mail delivery. He expressed that the home next door is not rented enough during the year to cover the expenses. He indicated that the intent of the property owner would be to keep the home as long as it increases in value. When the property values stop going up the home will be sold. Short term rentals in the short term hurt the neighborhoods they are in and in the long term could be devastating to the economy.
Clyde Dubeansky came forward and indicated that he lives four months at 250 Donora. He currently has two homes and rents them out when he is not here. He has over $800,000.00 worth of investment in this island. He has no intentions of having someone destroy it or the neighborhoods. He screens his tenants heavily and requires large security deposits. He mentioned that the renters shop heavily, eat food from stores and at restaurants, go to movies, use public transportation, buy gas, etc.. They consume a great deal of products that bring in a great deal of income. He indicated that a lot of what disturbs him relates to permanent residents. He certainly would not like a law outlawing permanent residents. He indicated that the solution may be to add stiffer penalties. He asked why the laws always have to penalize the innocent and not deal with the violators or the problems.
Mary Leverett came forward and indicated that she is a resident and property owner on Fort Myers Beach. She noticed in today’s paper that her street was included in the map. She has lived there for 5 years and owned her duplex. She does not feel that her neighborhood has a problem with short term rentals. Most of the rentals are long term. She is asking to have her street taken off the list.
Mary Davincent is a 14 year resident on the beach. She bought into a residential neighborhood. She indicated that she has enjoyed it, but it has become short term rental. She expressed that the home across the street is pretty well rented out on a weekly basis year round. She cannot believe that there are no rules. She has been told that because these people pay so much money a week it entitles them to do whatever they want to do. Many people on her street work. They go to bed early and rise early. Noise comes from the renters at 11:00 p.m. to midnight. This is not fair. Plenty of other properties exist on the island for daily or weekly renters. She feels the need for some regulation in residential neighborhoods. She hopes that this workshop will address the proper management of those who oversee rental properties.
Ann Alsop came forward and expressed that this is a tourist island. She loves this island and does not want to see it changed. She really believes that they should leave it as a tourist area. Too much emphasis is being put on dictatorship. The rules and regulations that are being made should not be there. She agrees that there is a behavior problem from the tenants. They are the ones who need to be challenged.
Ellery Casey lives 9 months of the year in Chicago, Illinois. He has a home on Fort Myers Beach that they use for approximately 3 months a year. His family has been leasing properties on the beach since 1957. This is a tourist island. If he does not rent his home it would be empty 9 months out of the year. He would sell the home if it could not be rented. He feels that many others would do the same. A big demand exists for short term rentals. Families do not like to be in a one room hotel. If this restriction takes place a lot of people will go other places. He indicated that a lot of people come to Fort Myers Beach due to what has happened in the Keys. He indicated that there is just a handful of people against this. A lot of other options exist. Regulations can be posted and law enforcement can be called.
Nancy Magnelia expressed that they call the police for loud noise and music. She indicated that she has called the police six times since the end of October for a home in her neighborhood. When the renters see the police coming they turn the music down. They are presently trying to sneak up on this particular home. She expressed that these people are not getting the message. Are they breaking the law or can the owner of the rental house be fined? She indicated that she also has called the Century 21 Real Estate office for assistance and has received no help. If Century 21 cannot better manage their rentals, a business place can be allowed to come and look junky and have weeds then what rights do they have as private homeowners?
Tom Cameron indicated that he is a 12 year property owner on Curlew Street. His area of interest is the elimination of the short term rentals and the enforcement of the single family occupancy code. He read the present residential single family district code. Two issues exist. One is short term rentals and the other is single family occupancy. If they have to have rentals at all in the single family zones it should be for no less than one months duration. He expressed his experience with those who have rented in his area. None of these rentals were single families and this is a violation of the code. He indicated if the LPA is concerned with the neighbors and the future neighborhoods he recommends that they recommend and implement these positive solutions.
Joseph Gray from Curlew came forward and indicated that they are not down here full time as of yet. It is their plan to do so. They are concerned about the impact that short term rentals will have on properties in their general area. He stands behind those that agree that short terms rentals are not good for the beach.
Maurey Peterson from 132 Egret Street came forward. He indicated that they also have a problem with noise. A lot of the problems with noise in the past came from year lease residents. They also had a problem with the noise from Curlew. The Sheriff’s department was called and it got real quiet. He feels that this is the answer to the problem. This should not be an issue before the Council.
Jake Slotte is the director of Governmental Affairs for the Realtor Association of Greater Fort Myers and the Beach. The membership of the Realtor Association believes that the enforcement of a ban on short term rentals would be difficult. This areas economy is sales tax driven and dependant on revenues generated through the tourism industry. Such restriction on short term rentals could have a detrimental impact on business owners, this areas tourism industry and the incorrect perception that Fort Myers Beach is an unfriendly place to visit. Prior to the enactment of any restrictions for short term rentals on Fort Myers Beach they feel that the market effects and the economic impacts should be evaluated. Short term rentals when properly managed by a professional would be better maintained and ordinances will be strictly enforced and adhered to. The Realtor Association therefore opposes the ban on short term rentals.
Pat Smith is a resident of Fort Myers Beach for the past two years. She has a rental property down the street from where she lives with her neighbors across the street. They manage this property together. They have been lucky to have very wonderful tenants. She indicated that it is very difficult to get long term rentals in the summer months. There would be a significant impact on rental properties like theirs if this restriction were passed. She indicated that there would potentially be a very severe impact on the property values. She expressed that there is no guarantee with owners living in the properties that they will behave as they should. One of the reasons she likes Fort Myers Beach is due to it not being such an uptight neighborhood. A good mix exists on the island and she would hate to impact this adversely.
Leslie Corcelli is a property owner here on Fort Myers Beach in the proposed quiet area. She is also a vacation rental manager. This effects her both personally and professionally. She has worked in the industry for 15 to 20 years. There have only been a few bad apples that have spoiled the bunch. From a legal standpoint there are not a lot of people that are ruining the short term rentals on the island. She feels that the cases are isolated. She does not feel it is as big of a problem as everyone is making it out to be. She expressed that she called the Chamber and they indicated 50% asks for hotel information vs. 50% looking for homes and condos. She is asking the LPA to look at the big picture and take it away from a personal perspective.
Roger Schaad is a property owner on Sterling Ave.. He feels that there are some very valid complaints on the actions of their neighbors. He called the Sheriff’s department and they read him a list of laws already in place. He feels if at this time they would like to put another law in place it would be wrong. They are not using the ones presently in place. He does not feel that they need another.
Tom Merrill is a property owner on Fort Myers Beach. He expressed that short term rentals allows commercial into residential areas. He indicated that the LPA needs to decide if they are willing to allow commercial business that is decentralized. He expressed that possibly the real estate companies should offer a 24 hour line that the neighbors can complain to and appropriate situations can be worked out.
Michael May from 7859 Estero Blvd. came forward and indicated that he has been a resident for 3 years. He has been conducting business on the Beach doing mortgages for 10 years. Over the past 10 years he has been aware of low property values. In the past 3 years the property values have increased. Most buyers (85%) that he has worked with are purchasing their properties as an investment. Many prospective investors use the prospect of rental income in their decision to buy with the intent of living in the property full time after retirement. He knows that little, if any, research has been done to identify the economic effect of this proposal and he wonders why this has happened. The property appreciation phenomenon is relatively new . Please do not destroy it by this proposal.
Chris Kring feels that this is a tourism spot. Many businesses are here that depend on this income. This problem cannot be re-zoned to control. This is a case of a violation of existing quiet hours. This needs to be dealt with by law enforcement.
Lee Levinser has been on Fort Myers Beach for 8 years and is not a property owner. He would like to be a property owner. Many people buy property on Fort Myers Beach to supplement the cost of the property. This will hurt businesses in the Summer. People with a lot of money will be the only ones to buy. People like himself who are trying to save up will not be able to afford to buy. He indicated that the island started as cottages and turned into homes with guest houses. This is the history of the island. Why change it so only the rich can afford to live on Fort Myers Beach.
Theresa Kozergetzs came forward and indicated that her parents own property at 7853 Estero Blvd.. She has had the pleasure of being here since October. Normally her family rents their home through a real estate office on the beach. Sometimes they are fortunate to get long term rentals, but a few cases exists where they get weekly rentals. She feels that they should be focusing more on a solution then just the problem. Property management needs to be looked into. The property values have escalated greatly in the past 3 years. Many people cannot come to vacation for extended periods of time. You end up with people who cannot sell their property and property values will decline. This is not a gated community, it is an island. She plans to live here on this island someday.
Kevin Mulhearn expressed that he and his wife own several properties, and a real estate business on the island. He manages more long term rentals on this island than any other company. He expressed that they have significantly more problems with the long term rentals than the short term. The issue becomes how this is dealt with. He is unpopular among some of his tenants, because he is on top of problem issues. When he takes a new property he will distribute business cards to the surrounding neighbors. He requests that these neighbors call with complaints. He does not feel that the issue is the length or the duration of the time people spend on the island. People who will break the law will do it if they are here for 2 days or 2 years. This has been his experience. He sympathizes with the folks living next to problem properties. He does not feel that creating a ban within a large section of the island is the solution. The solution is to enforce the codes they presently have now.
Diane Easterbrook came forward and indicated that her family lives on Bayview Ave.. She is present to speak against short term rentals. She lives on a quiet street consisting of part-time residents, full-time residents and rentals. A mixture of people rent for monthly or weekly time periods. She has lived on this street for 10 years and has never regretted any of the renters. The families that come down are not coming to having wild parties. She expressed that they have children like hers and her children look forward to playing with these kids. The same families come back year after year. They feel for the people trying to rent and make income to pay their bills. She would hate to see a change on her street.
Chairman Roxie Smith indicated that she received a fax from John Naylor. He could not be present and asked for his note to be read. He has read the article regarding short term rentals and has spoken with Tom Cameron regarding his situation. Although, he does understand the situation very well he does not believe the solution is additional ordinances or restrictions. He feels that all persons or businesses that rent lodging accommodations should take responsibility for their renters rather than create new ordinances. Establishing and enforcing a standard of conduct is what it is all about. If a guest of the Pink Shell does not conduct themselves responsibly it is managements job to control them or call the Sheriff to have them evicted. He feels that rental agencies need to be registered. He hopes that the LPA will not take away property rights to solve a limited problem that has other possible solutions.
V. WORKSHOP ON SHORT-TERM RENTALS
Bill Spikowski, Planning Consultant for the Town, came forward and explained that they are revisiting one of the issues regarding the separation or mixing of commercial and residential uses. This was discussed when the Comprehensive Plan was being prepared and this was never quite resolved on how to deal with it. He indicated that they may chose to take no action and keep with the County codes that have been handed down. However, if they do make this decision he hopes that a thorough examination takes place. The results of this decision will be for generations to come.
Fort Myers Beach does mix residential and commercial uses much more. It is not anyone’s proposal to ban short term rentals throughout. The discussion is if there are certain areas where the rules are different than they presently are today. This is the focus of discussion today.
He moved on to the items everyone agrees on. If someone rents a house by the day this should be a motel. Nobody is disputing this. If no change is made in the rule this will continue to be illegal in the future. The question is the space between the daily rentals and the three month rentals. He has suggested that there are enough differences in weekly rentals to justify a different treatment in the code. He feels that the problem has come to a head over the last year or two. This could be a result of other areas taking the kind of actions being considered today by this LPA.
Bill discussed his memo dated January 7, 2002, which has been circulated widely to the Board of Realtors and a number of other places. On page 3, he discussed the three major approaches the current code uses. One is density control, length of occupancy and number of occupants. He discussed possible suggestions for discussion purposes. He also discussed an amortization period. If a decision is made in favor of banning short term rentals they should not make this go immediately into effect. They will need time for the market to adjust and for the investors to sell without depressing the market. Rental registries were discussed for all rental units on the island. He has obtained the registry regulations from Beach Haven in New Jersey. This community is in a lot of ways like Fort Myers Beach. He summarized the rules for review. Some safety requirements exist and there is an annual inspection by the Town. He indicated that if the LPA does proceed with the registry they need to keep in mind what the goal is. They could end up with a registry that does the opposite of the goal.
He suggested at the end of his memo an idea that the LPA may react to today or chose to generally discuss. He suggested that the majority of the island does have a long history of short term rentals and mixed housing types. It is the strength of the island and the businesses do depend on this. About 1/4 of the Town is in the strictly single family zoning. He is suggesting that these areas be monthly or longer. The boundary lines would be adjusted by the LPA. These are the neighborhoods where these restrictions would most likely make sense. He strongly encourages them if they go this direction to establish an amortization procedure for transition.
Jane Plummer asked if there is a number as to how many non-homestead properties there are that are not condominiums? Bill Spikowski replied that he does not have this information, but this is information that is easy to get. This will not help determining which are annual or short term rentals.
Jodi Hester questioned if the yellowed areas were made monthly rentals only how would they stand as far as a lawsuit? How are the other cases turning out? Bill Spikowski replied that the Realtor organizations generally challenge based on the lack of the economic analysis of the effects. If this is not done now the judge will ask why? Often these types of situations are resolved through selective enforcement or non-enforcement of the rules. He encourages the LPA to not go this route. He did express that it is a potential litigation issue. He indicated that if they decide to make a change they should be sure that it is very important, and any studies that are needed to justify the change are done and examined by the LPA before it is adopted.
Jane Plummer expressed that she did some research regarding the amount of income generated from the rental properties. She was astonished. The two highest are gulf front. One is for $86,290.00 for one year and one for $76,930.00 for one year. This is rented 316 days on one and 335 on the other. She has figures for bay front properties that generate $28,910.30 and canal front properties that make $28,122.16. She asked what happens when you go strictly monthly, and the response she received from several of the real estate offices are that you can usually only guarantee one month. She expressed that this is a major difference in value - $70,000 to $80,000. People have made purchases and investments. She feels that they will have the money to fight them. This is one of her concerns. She is also concerned about those that will not be able to maintain their property and these homes will be dumped on the market. She did research to see how many are registered with rental offices on this island just for homes. The result she received from those that did respond, excluding those who rent through the internet and those that rent on their own, is 253 units. This would be a lot of properties on the market for resale and she expressed that the market would be very scary. The majority of those who come to this island come because it is a family atmosphere. They love the community and love the beach. These people aspire to be here one day. She indicated that if you take the family out of community what is left?
Jodi Hester questioned deed restrictions. She asked how difficult it would be for a neighborhood to set-up deed restrictions? Bill Spikowski replied that it is not possible after the fact. He assumes that every person would have to agree and then they would all have to have an agreement that they would each put the restrictions on their own property only. He does not see this as an avenue, because he believes that everyone would not agree.
Harold Huber indicated that he lives in a condominium. They have from 11:00 p.m. to 8:00 a.m. as a quiet time. Most of what he has heard from those wanting to restrict short term rentals was due to the noise being made. He feels that it would be possible to cover the concerns if they put on an ordinance on all residential areas of a quiet time from 11:00 p.m. to 8:00 a.m..
Bill Spikowski replied that this is not an option he has included. The Town has currently its own noise regulations in addition to the general state laws. He is not familiar enough to know if this type of provision is already in place.
Anita Cereceda commented that there is a noise ordinance and there are no time restrictions to it. She expressed that if a party is going on at noon and it bothers her she can call the Sheriff’s department. She expressed that the problem with the noise ordinance is that it is one of the laws that is almost impossible to enforce. You cannot legislate courtesy. A lot of the complaints revolve around courtesy and respect for others privacy and property.
Anita Cereceda questioned it being illegal to rent a single family home to more than one family. Bill Spikowski replied that this applies to any dwelling unit. 5 or more people not related by blood, marriage or adoption are not allowed.
Anita Cereceda feels that this needs to thrown out. Bill Spikowski replied that this is standard and typical of most Cities and Counties.
Anita Cereceda went on to express that every investment comes with risk. She feels that they need to protect the integrity of the community. The nature of this community has always been to accommodate the visitors. She does not feel that this is a tourist island. This is her home, but she does welcome the guests.
Jane Plummer has concerns with the property rights. She feels that there are ways to deal with renter problems in a better way than to restrict someone’s property rights. Values are an issue in litigation. She feels that they would have litigation if they took away property rights.
Anita Cereceda commented that she has not considered the litigation aspect. It should not intimidate the LPA to make a decision that is proper and right for the Town.
Jodi Hester imposed a suggestion of the registry idea. She does not want to take away property rights. Any of those paying tourist tax for the last 12 months and showing proof to the Town would be able to continue. Everyone else in the quiet center would be covered under this new restriction.
Chairman Roxie Smith feels that there should be a way to govern what they already have. She expressed that they have lived with this situation for years and years. Residents and renters have always lived next door to one another. This island has always gotten along with this type of circumstances. She cannot believe that there is not a provision somewhere that if they need to police more carefully than can at least try to do this before they immediately start eliminating and restricting these rentals. A lot of folks would not be able to own their property if it were not for the short term rentals. The rental situation on Fort Myers Beach has changed. She indicated that the registering and licensing helps to take care of the unsafe conditions as well as the noise issues.
Betty Simpson indicated that the purpose of the residential was to provide stable neighborhoods. Why would they have a zoning district? They have reduced density in a lot of areas. 40% of the island is mixed residential. The Boulevard category is new. A lot has been done. The quiet area is approximately 26% of the land mass. She is looking to the property rights of owners who live on the beach. Everyone pays taxes and is concerned with the real estate values and quality of life. She gave an example of a renter coming in on a Saturday. If they begin to create noise late on a Saturday evening you cannot complain to the rental office until Monday. If you call the Sheriff’s department they have more important matters to deal with on a Saturday night. She would like to see some compromise come out of today. She liked hearing of the Realtors being responsible, a 24 hour telephone line for the real estate office and education of the renters coming into the home. They are in need of some regulations.
Jessica Titus feels that everyone has the right of quiet enjoyment. There are issues other than noise. A few are safety and maintenance. She is in favor of a registry. She feels that this would encompass a lot of different problems.
Betty Simpson asked Jessica Titus if she had a 24 hour phone line? Jessica replied that she does. Whoever is on call takes care of receiving telephone call no matter which day of the week it may be.
Betty Simpson also asked if renters are given rules or are they posted? Jessica replied that they are given a set of rules. They are common courtesy and respect for your neighbor. She feels if a registry was set-up they could come up with a set of rules from everyone. They could have some uniformed island wide rules.
Anita Cereceda feels that the registry does not address the question of whether or not they want to preserve the future of Fort Myers Beach having residential neighborhoods that do and are not commercial. 26% of the island has been designated residential single family neighborhood environment. She questioned whether or not they would always want to have some percentage of the Town be this.
She does not want Fort Myers Beach to turn into a good investment for people to make money off of and the Town becomes a business. She replied to Jane Plummer and indicated that if the information has not been received for them to make a decision they should stop this conversation until it has been obtained.
Jessica Titus commented that she is unaware of the definition of commercial. She indicated that most people who rent only receive $10,000 to $15,000 a year. This is not a good investment. It is just a way for them to get by until they can retire. Bill Spikowski replied that they have not come to a conclusion regarding when a rental becomes commercial. This is presently being dealt with.
Bill Spikowski commented on the idea of additional information. He feels that there are a few things that can be done to help. He discussed with Jane Plummer the possibility of getting the addresses of the 253 units she did her research on. Jane replied that they would not release this information. Bill Spikowski replied that this is the problem. Jane went on to discuss getting the listing of homesteaded properties vs. non-homestead. Town Manager Segal-George replied that many people have second homes that they do not rent. Just because they are not homesteaded does not mean that this property will be rented. She does not feel that they can use homestead as any type of criteria to determine anything. She indicated that the only way to gather information would be to obtain a listing of the rental homes.
Jane Plummer expressed that she would be willing to send out a letter to all rental offices and ask them to highlight every street they have a rental on.
Anita Cereceda commented that she should be obtaining highlighted streets for weekly rentals not all rentals. The issue here is short term rentals.
Bill Spikowski commented on the registry. If the brokers have concerns regarding notifying others that particular properties are for rent for fear of being broken into this will kill the registry idea. The idea is to have public information displayed of who is renting and who is responsible. Jane Plummer replied that this was her off the cuff opinion. She expressed that phone numbers should not be given out to just anyone. If there is a noise violation you call the police. If it is a safety hazard you notify the owner and fine them.
Bill went on to comment that if the LPA decides to go in the direction of rules and enforcement it is not necessary to have a registry. It can be done with rules adopted by Town ordinance. Rules can be passed out and the Real Estate brokers will be responsible and slatted for violations. This can be done with or without a registry.
Chairman Roxie Smith feels that the rules would be a logical first step.
Town Manager Segal-George commented that this was done with Jetski and Parasail. They went with standardized rules for everyone with regards to how they needed to run their businesses. They also needed to pass out rules to their customers. This has worked out well for them. It is not comparable, but was an area that the Town was having a whole lot of problems with. A provision exists with regards to having a number of violations and losing their license. This did have a deterrent effect. This situation is pretty much under control.
Jessica Titus questioned how closely related to this recommendation they are making to Council is the single family 5 person issue? Bill Spikowski replied that it is related. If they do not change the single family definition of 5 it will stay the same and become the Town law. If they do not want it to become the Town law they must discuss how it should change.
Jane Plummer made a recommendation that they remove the definition of family from the Land Development Code as a restriction on occupancy. They leave the weekly rental intact and put togther a Task Force to come up with rules and regulations that can be distributed and educated through the island to see if they can eliminate problems without having to have a registration.
** Chairman Roxie Smith called a five minute recess **
Chairman Roxie Smith expressed that they are not going to send forth a recommendation to the Town Council from this workshop. She feels that this has been a very useful and productive workshop.
Bill Spikowski indicated that within 60 days they need to have a tentative recommendation ready to go. It does not need to be done today. The idea of having a Task Force makes sense whether or not the LPA does restrictions on weekly rentals. He indicated that this may be something to initiate to get started on when they have a chance.
Nancy Mulholland questioned if it would be helpful to have a workshop with the rental agencies on the island to work up some standards to be posted? Town Manager Segal-George suggested appointing a member of the LPA to work with some of the rental agencies and someone from her staff to try and come up with a list of regulations. She does not feel that the whole LPA needs to sit and go through this again. She feels that this is too big of a group to try and write regulations. They could be drafted and then brought back to the LPA. Whoever would like to work on the Task Force should get their names to her. Her recommendation is to leave everything as is until they get regulations. She also suggested if the Task Force is going to have any value they will need people from both sides of the issue.
VI. LPA MEMBER ITEMS AND REPORTS
Anita Cereceda - Very happy to be sitting with everyone.
Nancy Mulholland - Is also very happy to be here. She will be quiet for awhile, but when she starts talking watch out.
Jane Plummer - Felt this was a very interesting workshop. She felt that everyone brought forth an interesting argument. Chocolate is part of the LPA and she will be informing the members of their turn.
Betty Simpson - Welcomed the new members. They may not always agree, but are here for the good of the community. She thanked Jane for the chocolate.
Jessica Titus - Feels that everyone’s goal here is quality of life. They need to keep this in mind. She does good chocolate.
Harold Huber - Welcomed all the new members to the LPA. Glad they are here.
Jodi Hester - Welcomed the new members. Thanked Jane for last year and January.
Chairman Roxie Smith - Welcomed everyone. Keep the chocolate coming.
VII. PUBLIC COMMENT
Tom Cameron came forward and addressed the definition of family. Since they are dealing with the single family occupancy area he feels that the definition of family is important. Without a definition there is nothing to enforce.
Maria Igerman wanted to share with the members of the LPA that the proceedings today have identified two issues. Both issues merit a different response. One is of behavior and the second is the proliferation of commercial activity in an area of this community that has been zoned as single family residential. Many people have made significant investments here confident that the Town would stand behind the zoning restrictions. She hopes the LPA takes this into consideration.
Tom Merrill agrees with what has been said by Maria. The proliferation of commercial into residential is the subject which needs to be dealt with. This gets to the integrity of the island and how it is looked at over the long term. He and Anita Cereceda finally agree on something. Be careful when you look at the different neighborhoods.
Leslie Corcelli volunteered her time. She has a lot of experience in the vacation rental industry and is willing to lend her experience to help everyone come to a happy agreement. She has also given Mr. Spikowski the name of someone who may be able to help with some of the regulations in place for short term rentals.
VIII. ADJOURN
The meeting was adjourned at 3:10 p.m..
Respectfully Submitted,
Shannon Miller
Transcribing Secretary