02/11/16

SHORT TERM VACATION RENTAL ADVISORY COMMITTEE (STVRAC)
Glenn Powell, District 1 (Chairman)
Joe Paladin, District 2 (Vice Chairman)
Angela Beckley Waldrop, Member at Large
Dr. Robert DeWaters, Sr., Member at Large
Joel Molinari, Sr., District 3
Alan Curtis, District 4
Glenn Heran, District 5
George Bryant, Alternate
The Short Term Vacation Rental Advisory Committee (STVRAC) will meet at 10:00 a.m. on
Thursday, February 11, 2016 in the County Administration Complex, Building B, B1-501, 1800 27th
Street, Vero Beach.
AGENDA
1)
Call to Order
2)
Approval of Minutes of January 14, 2016 – Action Required
3)
New Business – Stan Boling, Community Development Director
a) Occupancy Limits, Site Inspections, and Length of Local License –Action Required
b) Schedule to Complete Committee Recommendations –Action Required
4)
Other Business
5)
Announcement of Next Meeting
6)
Adjournment
cc:
Joe Baird, Administrator
Mike Zito, Assistant County Administrator
Stan Boling, Community Development Director
John McCoy, Current Development Chief
Roland DeBlois, Chief, Environmental & Code Enforcement
Tuck Ferrell, Interested Party
Colleen Rosenbaum, Interested Party
Alan Corbin, Interested Party
Daniel Lamson, Interested Party
Honey Minuse, Interested Party
Peggy Lyon, Interested Party
BCC Office
Commissioner Bob Solari
Carter Taylor, Interested Party
Sandy Wright, Attorney’s Office
John M. King, Interested Party
Bill DeBraal, Attorneys Office
Scott Johnson, Webmaster
Richard Marini, EMS
John Duran, EMS
John King, EMS Director
Norma Kissner, Interested Party
Luanne Foti, Interested Party
Barry Segal, Esquire, Interested Party
Herb Whittall, Interested Party
Tim McGarry, Interested Party
Miles Conway, Interested Party
Commissioner Peter O’Bryan
Commissioner Wesley S. Davis
Mitch Dudek, Interested Party
Bronia Jenkins, Interested Party
Except for those matters specifically exempted under State Statute and Local Ordinance, the Committee shall provide an opportunity for public
comment prior to the undertaking by the Committee of any action on the agenda. Public comment shall also be heard on any proposition
which the Committee is to take action which was either not on the agenda or distributed to the public prior to the commencement of the
meeting.
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the
proceedings is made, which includes the testimony and evidence on which the appeal is based.
Anyone who needs a special accommodation for this meeting must contact the County's Americans with Disabilities Act (ADA) coordinator at
772-226-1223 at least 48 hours in advance of the meeting.
SHORT TERM VACATION RENTAL ADVISORY COMMITTEE
The Indian River County (IRC) Short Term Vacation Rental Advisory Committee
(STVRAC) met at 10:00 a.m. on Thursday, January 14, 2016, in the County
Administration Building, Building B, 1800 27th Street, Vero Beach, Florida. You may hear
an audio of the meeting; review the agenda and the minutes on the IRC
website:www.ircgov.com/Boards/Shorttermvacationrentaladvisorycommittee/2016.
Present were: Chairman Glenn Powell, District 1 Appointee; Vice Chairman
Joseph Paladin, District 2 Appointee; Joel Molinari, Sr., District 3 Appointee; Alan
Curtis, District 4 Appointee; Glenn Heran, District 5 Appointee; and Angela Beckley
Waldrop, Member-at-Large Appointee.
Absent was: Dr. Robert DeWaters, Jr., Member-at-Large Appointee (excused).
IRC staff present were: Stan Boling, Community Development Director; Bill
DeBraal, Deputy County Attorney; Roland DeBlois, Chief Environmental & Code
Enforcement; John King, Emergency Services Director; John Duran, Emergency
Services, Lieutenant Inspector; Commissioner Peter D. O’Bryan, District 4; Dylan
Reingold, County Attorney; Joe Baird, County Administrator; and Misty L. Pursel,
Commissioner Assistant, District 1 and Recording Secretary.
Others present were: David Hunter, Carter Taylor, Dan Lamson, and Honey
Minuse, Indian River Neighborhood Association (IRNA); William “Tuck” Ferrell, Colleen
Rosenbaum, Miles Conway, Phil Randall, Herb Whitall, Frank Pethnatrella, Joe
Earman, Milt Thomas, Mayor Jay Kramer, City of Vero Beach and Bronia Jenkins,
Interested Parties.
Call to Order & Welcome
Chairman Glenn Powell called the meeting to order at 10:03 a.m. and provided
invocation-type comments to include (1) focusing on the Committee’s mandate; (2)
listening to what people have to say, rather than personal criticism and verbal attacks;
and (3) being cautious not to create problems with any regulations being passed.
Election of 2016 Chairman and Vice Chairman – Action Required
ON MOTION BY Mr. Curtis, SECONDED BY Mrs. Waldrop,
the Committee voted by majority vote (4) to re-elect Glenn
Powell as Chairman of the Short Term Vacation Rental
Advisory Committee for 2016.
(Recording Secretary Note: A show of hands was requested. Deputy Attorney
Debraal counted 4 showing of hands, for purposes of reporting the vote.)
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Short Term Vacation Rental/Unapproved
January 14, 2016
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ON MOTION BY Chairman Powell, SECONDED BY Mr.
Heran, the Committee voted unanimously (6-0) to re-elect
Joe Paladin as Vice Chairman of the Short Term Vacation
Rental Advisory Committee for 2016.
Approval of Minutes of December 10, 2015 – Action Required
Dr. Miles Conway requested on Page 6, fifth paragraph beginning with “Dr.
Conway announced . . .” the following revision:
“Dr. Conway announced this Committee was not qualified to
perform any credible economic analysis. Also this Committee
was not qualified to conduct any credible statistical analysis
due to the problem of statistical sample significance. He said
the only way of obtaining accurate transient boarding house
records was by court subpoena as had been the method used
by the New York Attorney General and by grand jury
subpoena in another jurisdiction.”
A typed copy of this statement was provided by Dr. Conway and is on file in the
Commission Office.
(Recording Secretary’s Note: both versions of Dr. Conway’s statement [initial
statement red-lined] are included in the December minutes for reflection).
Dr. Conway also requested on Page 6, second paragraph beginning with “THE
CHAIRMAN CALLED FOR THE QUESTION”, be amended to conform to the way the
minutes were recorded at the Board of County Commissioners, i.e., 3 in favor or 3 against.
He stated “dissent” had a negative connotation, as there were no dissenters, there were
just 3 people who voted against the motion. He requested the protocol for future votes
be recorded with those for and those against, consistent with the way it was recorded at
the Board of County Commissioners.
(Recording Secretary’s Note: Clerk to the Board of County Commissioners
confirmed when recording a vote not unanimous, those “opposed” are noted for the
record).
ON MOTION BY Vice Chairman Paladin, SECONDED BY
Mr. Molinari, the members voted unanimously (6-0) to
approve the amended minutes of December 10, 2015.
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Short Term Vacation Rental/Unapproved
January 14, 2016
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Other Business
a) Homestead and Property Assessment – No Action Required
Mr. Bill DeBraal, Deputy County Attorney, summarized his memorandum dated
December 28, 2015 regarding whether a homestead exemption would be allowed to
continue after a home was registered as a vacation rental; a copy of which is on file in the
Commission Office.
Dr. Conway read into the record the following statement:
“We respectfully disagree with the interpretation and
presentation of the valuation of bona fine residential
homeowners’ property as presented in the December 28,
2015 memorandum as it is an incomplete and misconstrued
de jure representation of the valuation process.
A complete de facto presentation of the valuation process
showing the negative financial impact of public lodging
establishments operating adjacent to Bona Fide residential
properties will be provided to a higher venue, not
compromised by its members having a conflict of personal
financial interest and an a priori antipathy towards local
government regulations, to ensure Bona Fide residential
property owners are given a fair, balanced and unconflicted
hearing.”
A copy of the statement is on file in the Commission Office.
b) Economic Impact Information – No Action Required
Stan Boling, Community Development Director, summarized his memorandum
dated January 8, 2016, with Attachments 1 and 2, and emphasized the small sample size
was not statistically valid and may not have been randomly selected. A copy of the
memorandum, with attachments, are on file in the Commission Office.
Dr. Conway read into the record the following statement:
“We respectfully disagree with the ‘economic’ data
compilation and ‘analyses presented for a variety of
professional analytical and technical reasons.
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Short Term Vacation Rental/Unapproved
January 14, 2016
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A professional deconstruction of the ‘economic’ data and
‘analysis’ and a proper presentation of general economically
relevant information will be provided to a higher venue not
compromised, by its members having a conflict of personal
financial interest and an a priori antipathy towards local
government regulations, to ensure bona fide residential
property owners are given a fair and balanced hearing.
In addition, both amateur and professional ‘economic
analysis’ is irrelevant to the remit of a committee formed to
compile regulations to control the operation of public lodging
establishments.”
A copy of the statement is on file in the Commission Office.
c) Occupancy Limits – Joe Paladin, Vice Chairman
Vice Chairman Joe Paladin shared information he discussed with Commissioner
Tim Zorc regarding the direction the Board of County Commissioners provided at a
Commission Meeting on December 15, 2015 concerning some kind of occupancy limits
and how to track those in the short term rental business who were not licensed, and how
the County could assist the unlicensed in understanding the need to be licensed.
Vice Chairman Paladin outlined suggestions discussed with Commissioner Zorc
such as posting the occupancy limits in plain sight either in the home or on the
establishment for easy reference and enforcement purposes; and how occupancy limits
were established and controlled; i.e., by square feet, by the number of rooms, etc.
Chairman Powell mentioned the possibility of discussing regulations on what the
short term rental advertisements were required to provide; i.e., occupancy limits, licensing
information, taxes, etc. at a future committee meeting.
ON MOTION BY Vice Chairman Paladin, SECONDED BY
Glenn Heran, to direct County Staff to provide a
recommendation and/or formulas for controlling
occupancy limits and enforcement.
UNDER DISCUSSION, Mr. Heran said the suggestion regarding controlling
occupancy limits provided “teeth” in the enforcement process.
THE CHAIRMAN CALLED FOR THE QUESTION, and the Motion passed
unanimously (6-0).
4
Short Term Vacation Rental/Unapproved
January 14, 2016
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New Business
a. Fines & Citations – Action Required
Mr. Roland DeBlois, Chief of Environmental Planning and Code Enforcement,
reviewed his memorandum dated January 5, 2016, regarding the enforcement of
regulations – citation powers and fines, with Attachments 1 through 4, providing
background, overview and analysis and recommendations; a copy of which is on file in
the Commission Office.
ON MOTION BY Vice Chairman Paladin, SECONDED BY
Mr. Molinari, the members voted unanimously (6-0) to
direct County Staff to draft an amendment resolution for
County Commission adoption, amending the Resolution
92-52 fine schedule and establish fines for vacation rental
parking violations and for commercial events at
residences as follows:


Vacation rental parking: $50 (per vehicle) for first
violations; $100 (per vehicle) for repeat violations;
and
Commercial event at residence: $1,000 for first
violations; $5,000 for repeat violations.
Mr. Boling announced the next meeting of the Short Term Vacation Rental
Advisory Committee was scheduled for Thursday, February 11, 2016 at 10:00 a.m., in
Building B, Conference Room B1-501. He provided the committee’s suggested agenda
topics to include occupancy limits; site inspection requirements and the length of the
license.
ON MOTION BY Vice Chairman Paladin, SECONDED BY
Mr. Molinari, the members voted unanimously (6-0) to
approve the suggested agenda topics for the next
scheduled Short Term Vacation Rental Advisory
Committee meeting.
Adjournment
There being no further business, the meeting adjourned at 12:12 p.m.
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Short Term Vacation Rental/Unapproved
January 14, 2016
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