[0:00] and she you

[0:03] know very well they have no children individuals have made similar comments

[0:08] on the same item then the chairman May limit further similar repeating comments

[0:14] individuals who submit documents at the hearing shall identify each document

[0:19] each document submitted shall be made a part of the official record of the

[0:22] hearing documents submitted prior to the public hearing will be provided to the

[0:27] Commissioners and be made part of the official record of the hearing reading

[0:31] documents into the record are subject to a 3 minute time limit

[0:36] also all comments have been after all comments have been made the chairman

[0:40] will close the hearing once the public hearing is closed further public comment

[0:44] on this topic will not be entertained if a Planning Commission meeting follows

[0:49] immediately after closing of the public hearing to deliberate on the hearing

[0:53] comments and to further consider further action on this

[0:57] topic no public comments will be accepted on this topic during that

[1:01] meeting commers May discuss an item and may ask questions of the presenters from

[1:06] the public hearing I will now open the public hearing the

[1:16] comments um I'd like to comment on the property that I live next to it's a

[1:20] vacation rental and um I've worked nights and countless times came home to

[1:26] people parked in my parking spot who were already intoxicated when I had to

[1:30] knock on their door asked them to move they were mad at me and here they were

[1:35] basically parked in my driveway not to mention when they had a cake party and

[1:39] rented the place out to some high school kids they had a cake party until 6:00 in

[1:42] the morning going on under my bedroom window another time there was a boat

[1:46] trailer that didn't have room in the two parking spots that were allotted to them

[1:50] so they just backed their boat right up into my bedroom window it was actually

[1:53] touching the glass when I came home from work that night and in every situation

[1:58] it has been deal with tourists that didn't have the respect that my neighbor

[2:02] I know would have had for me and was shocking when I bought a place in quiet

[2:08] peaceful holiday Island residentially zoned to find out that this was what I

[2:13] had moved next door to what what address was there 92 Beaver

[2:20] drive9 72 okay no 92 Beaver drive my two Beaver

[2:28] DS so that's been my experience as a residential home buyer you give me an

[2:34] idea how many how how long you lived in your home uh going on three years in

[2:39] September about how many times do you think this this the place is very

[2:44] popular it's rented almost consistently every weekend during the season maybe

[2:49] just a couple weekends in the summer that it's not rented and during the high

[2:53] weekends like 4th of July it's rented during the weekday as well about half

[2:58] the time people have been peaceful and quiet over there the other half of the

[3:02] time not so much and there's because it sleeps 8 there's almost always been more

[3:06] than two vehicles there and I have the condo next door so naturally all the

[3:10] over full parking ends up being in my parking this is a condo this is a condo

[3:15] yes and it has been such a problem and such a headache and a complete shock to

[3:20] me when I first went to meet my neighbor I said oh I'm your neighbor Sarah Larson

[3:24] and they said oh we're just visiting from Kansas City and I I was surprised

[3:29] so that's been my

[3:34] experience is it appropriate to talk about the process now for people who may

[3:40] not sure we've been pretty free willing with the the purpose for the hearing so

[3:46] we can St that way well you keep us on the straight narrow now one of the

[3:51] reasons that the City Planning Commission was set up was H Allen for 50

[3:57] years has had short-term RS and they' never been regulated whatsoever so by

[4:02] forming a city and the city forming regulations for requirements there will

[4:09] be some teeth that was never there before so

[4:15] um they're on the city website there is the name of the owner of that property

[4:22] they're required to have a local manager that's within 50 miles of H Island that

[4:26] is also on there and uh also our code enforcement officer could be looking at

[4:34] things like that too am I right land you correct me if I'm wrong and so if you

[4:39] run into those situations again first thing I'd do if it was 2 o'clock in the

[4:43] morning I'd call that homeowner because they can have their

[4:49] their license pulled with that kind of reports of that kind of behavior if

[4:53] you're awake at 2 in the morning that homeowner should be awake at 2 in the

[4:56] morning yes and this this is an opport to have an immediate remedy for you yeah

[5:04] right so I hope that kind of explains the process I it's so new to

[5:09] everybody it's new to USO in the past this wasn't set up right well what I

[5:14] understood is that it's illegal to collect uh tax dollars and have a

[5:19] business in a residential neighborhood so that is where the conflict that I'm

[5:23] having the biggest issue with okay understand Holiday Island is a vacation

[5:28] community so but still as a home buyer yeah that's my conflex yeah because

[5:34] we're all homeowners too so we understand I'd like to address that

[5:37] comment please the state legislature said that the cities cannot regulate

[5:41] short-term rentals any different than than the single family residents so the

[5:45] issue of having a business of short-term rental is a non-issue as far as the

[5:49] state of Arkansas is concerned we can't prevent it for that

[5:53] reason okay you're saying that the state has made it basically legal to operate

[5:58] businesses in residential neighbor they've made it yes um there are U

[6:04] homebased businesses that we have in our regulations but specifically short-term

[6:08] rental says we cannot limit their business as short-term rental business

[6:12] in a residence specifically to short-term

[6:15] rental but by issuing a permit and reviewing that permit on a year-to-year

[6:21] basis we can then take action if they didn't live up to the uh Covenant or not

[6:28] covenants the ordinances the specifics of the

[6:32] ordinance yeah that's why this was started because we didn't know how many

[6:37] shortterm rentals or were it was just or where they were you know where they were

[6:42] and nobody knew how to contact anybody so

[6:47] now in order to get them accepted by the commi by the

[6:52] Planning Commission we're making a place signs out in front of their house so

[6:56] that everybody knows there's going to be Str Str there and if there's an Str Str

[7:01] there you can go to the website and find out the owner their phone number their

[7:07] con their immediate contact phone number so if you have a complaint you can

[7:13] register it with them us the the police department the code enforcement you know

[7:22] it's just that the reason we're doing this is because it was just wild west

[7:29] before no one knew who owned what you know who was in charge of what

[7:36] who is responsible and this way we kind of get a grasp on what's going on and

[7:43] the bad apples get they don't get their permit renewed can I ask you a

[7:49] question so you so some percentage a high percentage of problems have

[7:56] occurred at this address do you have any thoughts on why this one particular

[8:01] address is having these problems because we're not I don't know I don't want to

[8:06] say we don't see this problem but I don't think we're hearing about this

[8:09] problem in sleeps six to eight people so it has at least three bedrooms in

[8:15] sleeping on the couch so it can accommodate bigger groups so it

[8:19] accommodate some big groups during bikes Foods barbecue there's at least eight

[8:22] motorcycles over there that are in my parking spot right so it's been

[8:27] just very stressful I'm sure yeah is yes yes um is it on Airbnb or verbo is it's

[8:37] onaa because we understand too that if you call them to complain they stop

[8:43] renting the property until its result if it happens three times I sometimes it

[8:50] could be an allegation that's not but it happens three consistent allegations

[8:56] that are wrong they won't B them anymore so you have one more person yes I didn't

[9:01] mean to so going with what you're saying if

[9:06] somebody else's parking in here spot

[9:10] cond um can you legally have that car Cod we don't have anything in the city

[9:18] ordinances for toying cars but in the but you can have a toes

[9:24] and maybe it'd be your bill but probably not in the

[9:28] end yeah I I live on the island also and I I know of one instance where somebody

[9:36] parked across the driveway of a house in my neighborhood and that homeowner came

[9:42] out and did have it own I know of that instance and I don't know the end result

[9:47] of that but I think you would have the right if somebody's parked in your

[9:52] driveway or across your driveway maybe as long as those spots are eally marked

[9:58] maybe that would be

[10:01] so another question with with this regulation which just sounds really good

[10:06] to me do this apply both to single homes as well as multi-unit like condos it

[10:14] applies to any residents is conducting business as a short-term rental okay and

[10:20] the the HOA um bylaws or the um

[10:27] can put some additional regulations on that on the HOA can put some additional

[10:32] regulations on that if you're talking about a condo that has an HOA

[10:35] likely but the city can't City can't can't but maybe you're if it's an HOA

[10:41] they may why can an HOA regulate against it but a city can't because HOAs are

[10:47] considered differently than City governments HOAs are private entities

[10:53] city government is public

[10:56] inty HOAs and poas have a lot more power over their property owners than the city

[11:02] does yeah because it's contractual when you sign your contract for purchase that

[11:06] you'll AG agree with the homeowners association you're a member of a of an

[11:13] organization so if you got enough of that the neighbors in there to agree to

[11:17] alter the the uh the covenants then it could be banned by majority vote of the

[11:24] neighbors get yourself elected to the board if you're talking the C of the HOA

[11:31] yes that be part of the Covenant or could that be part of the um bylaws it'd

[11:35] be part likely it's your HOA bylaws how you conduct business if you do the

[11:40] Covenant you go very expensive process the Covenant the Covenant affects more

[11:44] than HOA it would affect if you're talking about the the Covenant on your

[11:48] property that's the all the owners of property in the unit not just the HOA of

[11:53] what's in that building so you could you could amend just by amending the the um

[11:58] bylaws and that could address that absolutely and the other thing in the uh

[12:03] process of applying for these permits they have to say how many parking spaces

[12:08] that they have and they're only supposed to have the number of vehicles there for

[12:14] the parking spaces that are allocated to that particular property and aren't they

[12:18] supposed to have the documentation in the unit itself yes about that as well

[12:25] yeah often times there's there's more than two cars to property at the 92

[12:31] Beaver their claim is they have two parking spaces see and I would I would

[12:36] encourage them to in that case I would encourage them to put Park their boat

[12:41] and trailer down at the at the parking lot down by the

[12:45] marina well I just feel like after work it's not my place to have to go knocking

[12:50] on the door right so so Paul call number it yeah I don't know a lot about

[12:59] OAS but I'm assuming there's a board of the HOA and everything is done yes when

[13:04] I first moved in and realized that I had moved bought a place next to a vacation

[13:08] rental I wrote a letter to the board and the owner of the property is out of the

[13:11] board of the it has been on the board for since the ' 80s so they just said

[13:16] you know we're sorry Sarah but he's been a board member since 1985 and you know

[13:21] we're just we understand he's only one V though maybe

[13:28] not laws there's a limit to how long a

[13:32] person could be on the board and a lot of these boards um

[13:37] circumvent that because nobody else wants to be on it right so if somebody

[13:41] else wants to be on that position they can't be on

[13:48] again and if and if that vehicle was trespassing on your property we do have

[13:54] a 24-hour Police Service you know we've contracted with Carol p and we've got

[13:59] two full-time deputies that are 24 hours just for holiday iow so it's the sheriff

[14:06] not the police right it's the sheriff's department Sheriff County Sheriff's

[14:11] Department is our law enforcement armor and they're always

[14:15] here there's just two so I don't think they're covered 24/7 I don't know what

[14:19] their hours are and they vary that for the reason of you know not letting

[14:22] people know where they're at so they can't be you know doing things when

[14:25] they're not around yeah cuz I mean often times you know when there's a problem

[14:29] and I live bu in uh the west side of the county too and it's an hour before a law

[14:35] enforcement officer can get there that's unacceptable when you have an emergency

[14:40] absolutely we agree does a conditional use permit

[14:44] require that their parking spes be adequately marked no okay because it

[14:51] doesn't it wasn't considered when when we when we passed it where can you get a

[14:57] copy of the ordinance of the things that they're supposed good here too the

[15:00] easiest place is to see them on the on the website okay or and it's um city of

[15:06] Holiday Island website and if you go up to the top and find governance and slide

[15:12] down to ordinances then there's a table here for

[15:17] all the 23 and 24 ordinances and our ordinance for this

[15:22] case is 23-16 establishes short-term conditions

[15:28] and you click on that link and it lights that up and you click it and the

[15:31] ordinance comes up on your screen and from there you can download it or print

[15:38] it the ordinance that we let's see that's the short-term ordinance yeah

[15:43] there's a business license ordinance that we pass after that is

[15:46] 23-20 that'll be in effect and required for short-term rentals when they renew

[15:51] next

[15:54] year may when this comes up for renewal good requiring adequately marked paring

[16:01] being added to that we would certainly consider

[16:05] that the the problem that we have is the city doesn't own those streets and I

[16:11] don't know the city has privilege to tell someone you have to put paint under

[16:14] Street or signage or anything like that we don't own those streets they're

[16:20] heids so that that is a a road block that we have is it possible for the

[16:25] homeowners association to do what you're asking

[16:29] to Mark probably yeah the lines there used to be lines

[16:35] painted and now there's not even any lines in fact we thought about just

[16:39] painting lines and painting numbers on there just to

[16:43] help problem yeah you know but you know there again if it was regular neighbors

[16:50] there you wouldn't never have a problem sure but when you got a retrain a

[16:53] neighbor every weekend it's a problem and it get it wears on you you know

[16:58] there there is no good reason why we have to sell out our cities so that

[17:04] people can make money off of it that's all they're doing and there's place if

[17:07] they want to be in the lodging business they can buy a hotel in your experence

[17:11] they can buy they H could have bought Farmhouse you know it's s shut down and

[17:14] turned in to long-term rentals because they can't get short-term rental people

[17:17] to go stay there right this is it it is it is insane that we're allowing this in

[17:22] our community it is absolute Insanity that a few people want to make some

[17:27] money off our neighborhoods so they want to turn it into a brothel and and I'm

[17:31] telling you there's a certain amount of prostitution that goes on in short-term

[17:34] rentals if you don't think so just do do the research they're used for

[17:40] prostitution they're used for spring break parties where they pile up people

[17:43] in there more than can fit drunk all night in music and it may not bother you

[17:48] because your head is not six inches from it like hers and mine is at night we're

[17:52] six inches on the other side of wall from all that going on and you don't

[17:56] know who they are when someone moves you can check their background you know who

[18:00] they are if they're a sex offender guess what they have to do they have to notify

[18:03] every neighbor if some freak wants to rent that property all they need is a

[18:07] cell phone and a credit card and we are selling out our Safety and Security so

[18:12] that somebody can make a buck and it's crap it needs to stop somebody here

[18:17] needs to have the guts to stop it in the town and ordinates against it and let

[18:22] this let the state sue you well that's somebody else is going to sue you when

[18:26] you guys somebody gets hurt when goes and kills somebody's kid or rape

[18:32] somebody's grandmother which is going to happen it's not if it's when it happens

[18:36] then there's going to be another lawsuit and somebody will have the guts

[18:40] to stop it at that time right now nobody does because everybody's making a little

[18:44] money on it that's doing it and they're not doing it in their neighborhood I can

[18:49] guarantee you wherever Mr Bob hind lives in a fancy neighborhood where it's not

[18:52] allowed but because someone can only afford to live in a condo or chooses to

[18:57] live in a condo by wanting a simpler lifestyle they get told hey guess what

[19:02] you got to have this business next door and you got to retrain your neighbor

[19:06] every weekend because we're not going to tell them what to do and if we do

[19:08] they're not going to listen it's crap and it needs to be stopped here by you

[19:13] guys denying these permits you six people have the power to say

[19:19] no you do and and I want to see you do it and if you don't then we need to find

[19:24] people that will do it because I don't think it's fair it's not fair to

[19:28] everyone else that lives with it because they're not

[19:31] here they're not here and it's it's disturbing to think that there could be

[19:36] a killer right next to our and we don't know who they

[19:39] are it happens don't don't think it doesn't you know it's just somebody's

[19:44] going to have to put their foot down and be the ones to stop it you know we can

[19:47] deny those permits we maybe we can't say oh you can't do in our time you know

[19:52] what we can do not approved not approved not approved and I think that's what you

[19:56] guys should do because we a problem with it if no one else had a problem they can

[20:01] go on with it but I'm going to tell you it's a problem ordinance if it's a

[20:06] problem it has to be denied I I sympathize with your problem and and

[20:11] we've explained that the state legislature has approved these things

[20:15] the state legisl not sleeping six inches from these

[20:19] folks La is going to have a lot more teeth yeah it's going to have a lot more

[20:24] influence in what happens and really that's in my opinion I'm the vice

[20:30] president of R and I'll be also president next year the point of it is

[20:36] that that's going to have a lot more teeth and a lot more power than any

[20:41] public government is going to have and unfor I mean that's well they vote on it

[20:46] so they're the ones that have the power you you people power if they're if

[20:49] they're raising heck just call the police or call they don't show up and

[20:54] why why should we be forced to call the cops every weekend that something's

[20:58] going on we got well does it happen every weekend no but if it happens two

[21:02] weekends a month that's too many well how many how many times does it happen a

[21:06] lot in three years more than she can number twice a week a month on average

[21:11] but we've also given you we've given you a method to get P problem to complain we

[21:18] don't want to be brushed under the rad we want something done about it tonight

[21:21] where this will not be approved and if it is approved then it's going to be a

[21:25] problem tonight we're giving you a phone number well we don't want a phone number

[21:28] we want you guys to vote against it is what we're telling you we want you to

[21:31] have the gut to stop it for us on our behalf okay you understand and if you

[21:36] guys can't then we'll have to go to the next level whichever whatever that is

[21:39] and we don't want to do that it's costly it's going to waste everybody's time and

[21:43] money the city can't afford lawsuits like that no more than we can but you

[21:46] know we also can't afford is our devalued property value because there's

[21:50] a business next door let me help you with your appeal process it goes to the

[21:54] city council if we do something you don't agree with okay okay then then it

[21:59] would go to a County Court sure so the next step if we approve something you

[22:04] dislike and you have uh I don't how many days it was 15 or 30 days to appeal that

[22:09] to the city council City council's meeting is next Tuesday night for the

[22:13] first one well let's just hope we make the

[22:17] right decision tonight and and don't approve these things because it's a

[22:20] problem already and you're just going to open up a c worms by approving it is

[22:25] what is what's going to happen I I see it not just here there's going to be

[22:29] other people that are going to be unhappy just like we are because we live

[22:32] in a house and we have a hotel next door we didn't buy a room in a hotel we

[22:38] bought a she bought a condo in a Condo building not a hotel like if she went to

[22:44] The Farmhouse and bought a hotel room she certainly understand why that was

[22:47] going on and couldn't complain about it you buy a house in a neighborhood you

[22:51] expected to be a neighborhood in Neighbors not every other Tom Dick and

[22:54] Harry every other weekend over there you know it's just not fair and there's

[22:59] there's other places folks can make money and if they can't afford to own a

[23:01] condo then sell it it's not even their main residence it's just a vacation home

[23:06] for that can I ask you a question yeah you you know this person's name correct

[23:10] yes that owns it Robert inski yeah have you talked to

[23:15] him I have written letters to our condo association and and talked to him in

[23:20] person him to label the the parkings he knows he's heard me we I've

[23:27] introduced myself to him and know him his life when they say they

[23:32] come twice a year usually and what does he say about your

[23:38] complaint well he just doesn't really say anything he just avoids the

[23:43] questions and avoids the subject and changes the subject pretty much doesn't

[23:48] want to talk about it because I know because he's on the board of our condo

[23:52] association I know he's read my letters so okay so he knows where I stand and he

[23:59] just doesn't really say anything about it because they're there twice a year

[24:02] they don't really have to see any besides running them perhaps twice a

[24:06] year it's easy they're you know making enough money to cover their condo

[24:11] association dues and their taxes and everything so it would really help us if

[24:16] you would try to quantify when this happened take pictures whatever so that

[24:22] we know so that we'll have something to go against them and like I said earlier

[24:28] why we started this no one knew anything before you know that's why we started

[24:34] this we were trying to get a a control of it you know I

[24:40] mean things things wouldn't have changed if we hadn't started this and they had

[24:43] to post the sign let me ask you guys a question what what would make you not

[24:48] want to disapprove this like for what reason would you want to approve this

[24:52] short-term rental I'm just

[24:55] curious I want to approve it so so that we know who they are and where they

[25:01] operate their business and make certain that the taxes are collected properly so

[25:05] the city benefits from that but also so that we have a contact that we have a

[25:10] local person someone within an hour and he apparently lives in Eureka Springs is

[25:16] supposed to be here and on site that'd be the first person I would call and

[25:20] then beyond that taking a permit away would give us more teeth in a courtroom

[25:25] about pursuing problems in the future and and to do that if I could interject

[25:31] if you could document every problem you have from this day forward at this time

[25:37] next year when we come back and he we have to approve him or he makes his

[25:41] application again and we have the documentation then we can take the type

[25:46] of action I think you're looking for well but you're hearing it now and you

[25:49] guys are stilling it you know I don't have pictures I don't have I don't have

[25:54] the dates yes is there somewhere on the application where they have to get

[25:58] signatures of the neighbors they do not okay I some but if you had dates and and

[26:05] the number of times we call called this number the number of times you've

[26:08] complained to the the short-term rental agency if we had all that documentation

[26:13] then we would have leg to stand on in a court of block we had to go that far

[26:18] this has gone through numerous States okay and they've all supported the idea

[26:24] that a person is allowed to property and the person who owns that property has

[26:32] that right the only real way to circumvent that is through the

[26:38] HOA now a person abuses that then um public entities can intervene but until

[26:46] that happens public entities don't have a lot of teeth because the the PO

[26:51] Supreme Courts have supported their right to do that and I think one of your

[26:57] best remedies here is when this happens you contact the short-term rental agency

[27:05] and register your complaint with them and at some point they'll quit listing

[27:09] that property yeah because what you're asking us to do not approve it

[27:14] retroactively because of the things that have gone on historically you know not

[27:18] the things that have gone on since they've been

[27:22] approved how often do you guys are you going to review these complaints and

[27:26] review the application is it yearly or it's my recollection that our ordinance

[27:30] says it could be pulled at any time so you know if the complaints or you know

[27:34] one event might be enough to cause it to be pulled okay you know so the Don

[27:39] suggests you call the the uh rental firm the marketplace whoever whatever they

[27:44] calleda masassa but also contact you know in document you contact the local

[27:49] contact you contacted the owner and then our code enforcement officer because

[27:53] he's he's our Civic person that handles our code our ordinances the law

[28:00] enforcement gets involved also but and I would register the every complaint with

[28:05] the HOA yeah that I think that would be a

[28:08] good idea I I sympathize with you and I think the only way you're going to get

[28:13] satisfaction is to go through the steps it's the other thing that by the city

[28:18] doing this then that allows HOA then to know who is running these properties

[28:24] because without this the H really doesn't know who is it who is it this

[28:30] the HOA some enforcement find out who these folks are and what's going on so

[28:37] the other question is that I've got for you guys is if somebody tries to

[28:40] circumvent this by not getting a permit or not getting a license what's the

[28:45] penalty to my recollection it's $250 a day and not per starting from what day

[28:53] to what day whenever it's discovered whenever we say shop and deceased

[28:58] whenever we discover it when did you guys enact the ordinance of having to

[29:02] apply to the conditional use perat I'll get that for

[29:06] you um we did that ordinance and well I think it was like

[29:12] in September I Rec but I can pull it up3 sounds yes number 16 and was there what

[29:20] 90 days that they were supposed to from the time you enacted it no we we said we

[29:26] have until July 1st before penalty started

[29:29] this year 2024 yes so July so this is an acted of

[29:34] September 19th 23 and this process is actually designed so that there are some

[29:41] consequences for these Bad actors which before has never happened I mean you

[29:47] know at all so yeah the permit can be pulled if there are

[29:53] documented uh you know instances incidences of misbehavior that kind of

[29:59] thing so I can I can I really sympathize with the frustration that you're going

[30:03] through I can only imagine yeah and Lynn can't the code enforcer go over there

[30:09] and give them a a site site give them a citation about parking violations yeah

[30:15] if they're parking if they're parking on the street and that kind of thing but we

[30:19] can't give them a citation for parking at somebody else's driveway that's true

[30:22] or another parking spot what in in the public place on the public RightWay your

[30:28] parking lots your parking spots over the pave right yes PA yeah cuz ours are but

[30:33] if they've illegally parked a boat you could give them a citation on that it's

[30:38] prob yeah my guess because of that neighborhood it would be parked in the

[30:41] street me too or on the street partially or something well that's what they do

[30:45] when there's three and then we're both there they park on the street yeah then

[30:48] it's a hazard and you have we all have cameras now with with with

[30:53] cameras we' got some pictures pictures yeah already yeah I'm Miss spoke on the

[30:58] penalty it's on the screen it's uh not less than $250 nor more than $500 so

[31:04] it's a single event of them uh being fined or assessed to fine for having a

[31:09] short-term rental without a permit but then there's a second and a third yeah

[31:14] and it could go up to $1,000 yeah and that's per day or per rental per

[31:19] occurrence per occurrence yeah

[31:26] okay any other public

[31:35] comments then I'm going to close the public hearing comments and uh do we

[31:42] want to read these in or no that be the regular meeting process okay all right

[31:47] then we'll close the public hearing comments this public hearing is

[31:53] adjourned okay feel plan thank you thanks for listening every

[32:01] what do your guys

[32:24] meet say welcome to the regular how long dated March 12

[32:31] 2024 I call this meeting to order we've had the Pledge of Allegiance so we'll

[32:35] forgo that Mr secretary will you call the role please certainly chairman house

[32:41] here Vice chair Smith here commissioner Childers here commissioner Ralph present

[32:46] secondary Dumis here all present okay everybody has seen you agenda would

[32:53] anybody like to make a motion I'll move that we approve the

[32:57] agenda I'll second move to Second all those in favor

[33:02] I okay uh we have the everybody's read the uh public hearing minutes from

[33:10] February 21st 2023 uh do I have a motion to approve

[33:15] those minutes motion to approve and kudos to the secretary for capsizing

[33:22] everything yeah second we have ocean and a second

[33:28] I hearing discussion okay all those in favor I do I have a

[33:38] motion to approve the minut from the regular meeting of February 21st 2023

[33:42] I'll make the motion we approve the regular meeting minutes from February

[33:48] 21 second the motion mov and seconded all those in favor I okay we don't have

[33:55] any reports we don't have any old business

[33:58] new business deliberations on the public

[34:01] hearing comments regarding continual conditional use applications do we ever

[34:06] to read these land well I'd like to make a comment

[34:10] okay let's well I'd like to ask a question go ahead your question first

[34:14] maybe well my question to the chair is can I ask the secretary who's more

[34:18] knowledgeable about all of this than us uh what our status is I mean in terms of

[34:26] approving these at at this point in time we're approving them and then once we

[34:31] get complaints we'll withdraw them right isn't it a little difficult legally for

[34:36] us to decline them at this point in time no I think if if we had sufficient

[34:41] evidence we could probably say that it's not going to be approved uh if you

[34:45] recall in the uh I didn't bring that up but the the commissioner's brief where I

[34:49] put in um the application and then the vetting that I do that if the

[34:54] information isn't correct or it's not valid or it doesn't apply or there' be

[34:58] some technical reason why we shouldn't approve it we could just you know not

[35:01] approve a certain ordinance or certain regulation certain certain certain

[35:05] resolution to approve a permit we could turn that down for those reasons can we

[35:10] ask that homeowner to provide additional documentation for us we

[35:15] could that point time documentation no I've been fing this as I go along okay

[35:21] would that be helpful though for somebody to have to come back a second

[35:25] time and say well we've there's been problems in the past but we're going to

[35:29] C up our act I think I think first off we have to show cause yeah that's my

[35:35] worry too I don't without cause I don't know how you can turn it

[35:41] down yeah and cause has to be evidence yeah I would think a video would really

[35:47] help a video pictures whatever but with nothing I know there's no cause to to

[35:53] turn it down how are you going to explain to these people that without

[35:56] cause yeah you just arbitrarily Deni them they're permanent if if you had

[36:03] sorry if you had police reports of that nature some sort of

[36:09] documentation video police reports I think you would have cost yeah because I

[36:15] don't you know we we can't make decisions that get the city in any kind

[36:20] of bind and that's what I'm also looking at you know I sympathize greatly but I

[36:27] also know we need documentation you I agree and I sympathize greatly as well

[36:32] but I honestly think going forward the fastest remedy for any of these people

[36:38] is our code enforcement officer who works for the city not the county and

[36:44] we'll document every time you call him he's going to make a report and it's

[36:49] going to be well documented yes he can come to our meeting well he what he

[36:54] would do is he'd make a report he would go in the file of this application and

[36:58] then if the you know on his recommendation or maybe because the

[37:03] evidence is so strong he gets the mayor involved the mayor or his representative

[37:07] probably the code enforcement officer recommend pulling it and that's the

[37:11] process yeah good thought good conversation thank you and I misspoke

[37:17] earlier too about uh the appeal time the appeal time frame is 15 days so if

[37:23] there's a a reason to appeal our decision to the city council Within

[37:27] within 15 days you have to make that appeal and then it'll be heard at the

[37:30] next city council

[37:38] meeting okay yeah the other thing I was going to

[37:43] comment was that we've had I think these are number was 56 or so that we've that

[37:50] were to the point of approving and they're all the same rules

[37:55] they apply to residents the city council or the city ordinances apply to

[38:00] residences just like they do to the short-term rentals and none of the

[38:05] property owners have objected to any of that they've gone without problems and

[38:10] the last meeting we had we had a couple people speak maybe three about a

[38:14] specific Resident was a onetime occurrence we heard more tonight about a

[38:19] specific resident so you know obviously the problems can't exist we don't ignore

[38:25] that can't ignore it and the the way sound carries depending

[38:30] where they at they it might sound like they're next door but they might be

[38:33] halfway across the lake you know it's just the way we are so we'll have to

[38:37] deal with it and I think some residents are are

[38:43] better sued for short-term rentals than others I mean I think that condos are

[38:47] definitely a problem I mean parking is is tight walls are thin and there's

[38:54] shared Outdoor Living Spaces you know yeah yeah I think that you know it's one

[39:00] thing to rent a house that's up in the woods all by itself you do what you want

[39:06] when you're next door to a condo you you you got to have a little decency to be

[39:12] considerate of others so

[39:17] but any further discussion Commissioners okay why don't we read the

[39:25] uh resolutions Mr

[39:30] can we read the resolutions or do we need a motion to

[39:33] approve them and then process do I have a

[39:37] motion me do you have a motion to approve

[39:42] yeah I have a second second may I amend the motion to read it

[39:48] by title yes you may okay um

[39:55] C or application 24-10

[40:00] 2412 read 2401 26-1 for property at 168 holid Island

[40:07] Drive 24 01262 for property at 78 Beaver Drive 2402 02-1 for property 8 Bandy

[40:17] Drive 2402 02-2 for property at 108 Hawk Drive 24202 3 for property at 47 Oak

[40:29] Point Drive 24205 D1 for property at 1 Oak Drive

[40:37] property application 24206 D1 for property 49 T Rock Drive application

[40:45] 24206 D2 for property at 45 Sky View Lane and application

[40:53] 24263 for property at 92 baver Drive

[41:02] Mr secretary Nicole RS chairman house

[41:08] hi Vice chair Smith hi commissioner chers hi commissioner Ralph here and

[41:16] secretary Dumis hi all in favor resolution

[41:24] passes okay

[41:27] next we'll consider the resolution for hcpc R

[41:33] 24-30 resolution establishing street addresses for unit 129 block one lot 2D

[41:40] ubl 1291

[41:44] D2D lot 3A ubl 129 1-1-3 a and lot 3B ubl 129

[41:55] d13b and Holiday

[42:00] Island I looked at the the map and the information that Lyn s and I mean it's

[42:06] logical that those would be the addresses that we would put on that

[42:10] location uh and it it may not be pertinent all this but is there any can

[42:15] you give us any history or prediction of what's going to happen with those yes um

[42:20] the owner of this property and his name's on the bottom of that uh of the

[42:24] plat Mr Terry Presley he a builder all island has purchased those uh those lots

[42:30] lot two which is a little smaller lot two is the portion of the map that comes

[42:36] down vertically north to south 1292 through a through D and lot three A and

[42:42] B and he subdivided those properties some time ago and he built houses on 1-2

[42:48] a b and c and now he's a starting to work on one 12d the one on the corner

[42:55] and so in order for for him to get a building permit he needed an address for

[42:59] that so in our ordinance it says our ordinance says that the 911

[43:05] administrator signs addresses but since we passed that ordinance learned that

[43:09] it's different but in light of that I went to the 911 cordinator and uh she

[43:15] recommended that these addresses 18 14 and 10 be assigned to these properties

[43:19] for reasons she had I suggested 10 12 and 14 but she wanted to do it with a

[43:25] broader range then word does he does Terry Presley still own all

[43:30] this or yes he does well I don't no I don't think he owns any of these houses

[43:34] anymore I think they're all sold I didn't think so either I thought just

[43:38] the empty lots on the corner okay but you anticipate they're going to be

[43:41] developed he's going to be building yes he's he's started development or digging

[43:46] on this lot but he hasn't put any work in the ground because he doesn't have

[43:49] yet these are right next to the time shares yeah the Time Shares are back

[43:53] here yeah this back corner right and the house is going to face

[43:58] Shields and I you know little discussion I think he I don't know if he had it

[44:03] with me or others but there's no address he can sign on Fairway Drive anymore

[44:07] because of the way they were done in the past in fact it's it's kind of weird

[44:11] because whoever did it in the past this corner lot right here has a one Fairway

[44:17] address and then right next to it up in the corner is two Fairway or something

[44:22] at the top so so he did the two or it's it's 1 three it's three around the

[44:28] corner but then two is clear at the top and then it's two ABC and E coming down

[44:32] the down the row so this house is building here is going to exit out on

[44:36] Shields and the shields address is appropriate for doing that but those

[44:40] three he built were two a b and c yes for for mailing addresses okay and a 911

[44:47] um administrator want to chew me a little bit for doing that she we're not

[44:50] supposed to use letters and addresses didn't do it didn't do it that's why the

[44:56] city's in charge of the addresses across the street have a CD on them too and I

[45:03] don't recall so I can pull it now I don't have any more of

[45:08] that so anyway uh she she plugged in 104 and 18 so that works for me so I can

[45:14] spread this out if it gets changed yeah yeah okay one let SE it's going to be

[45:18] developed yeah so I make a motion that we accept

[45:25] resolution hipc R 24-30 establishing street addresses

[45:34] for those unit block lot numbers okay second

[45:41] second where is your Smith is second digit would you call

[45:47] rooll Mr House hi Mr Smith I miss chillers yes Mr Ralph I and Mr Dumis I

[45:55] all in favor resolution

[45:59] passes I'll open it up for public comments with a three minute time limit

[46:04] any

[46:07] comments any commissioner comments uh our next meeting oh this I'm

[46:12] sorry this next on agenda mind okay have about a commissioner question does 911

[46:17] have the authority the final Authority on setting addresses uh she said that um

[46:23] I if it's state law or County regulations that the city is responsible

[46:27] for assigning street addresses oh inside the municipal limits

[46:31] they assign them outside of Municipal limits for the city because we're a city

[46:35] the city's responsible for it okay in our ordinance and that responsibility

[46:39] comes to the Planning

[46:42] Commission okay do you know how many we have for

[46:46] next time I have 11 I believe on the list so far and you know the deadline

[46:53] was today but I bend the rules a bit I'll open the mail tomorrow tomorrow

[46:57] morning and then I submit it to the paper by noon

[47:01] so the the office administrator wasn't here today there may have been something

[47:05] in the mail today I haven't seen but I'll wait till tomorrow

[47:10] morning so you know the deadline the question was asked when do they have to

[47:15] had this done they have to apply by May 14th to get it on the June agenda to

[47:21] avoid a July 1 penalty so and we we I if I'm doing the

[47:28] work is going to rely on the public a lot to help me know who's not got them

[47:33] you well that's what I was going I was going to ask but it sounds a little like

[47:36] a schoolyard kind of thing are we going to put out something that says we have

[47:40] now issued all of the short-term rentals that we

[47:45] know if if there's one in your neighborhood contact the city I didn't

[47:51] want to make a public plea like that I was going to say it sounds good but I

[47:54] have contacted all of the marketplace facility

[47:57] vbo Airbnb vassa and there was two others by email I got response from one

[48:03] and gave me the list the other said we won't give out that information but

[48:07] we'll contact them uh through our email system and I got confirmation from one

[48:11] property owner they were contacted they forward the the mail to me basically

[48:14] took my letter and reformat a little bit but I haven't heard anything from Airbnb

[48:19] or VRBO yet okay and we mailed out cards to every residence CH we mailed cards to

[48:26] every proper prop owner of improved property in Holiday Island right did you

[48:32] all get them by the way excellent I did Don sure can I take your comment

[48:41] right so um if the ownership of property changes does that um permit continue on

[48:51] to the next owner no the permits are not transferable they're not transferable

[48:55] okay so so somebody buys property in September and they want to do this they

[49:01] can go through the process again how long do that process day well they they

[49:05] make an application to me by the first Tuesday it'll be on the following

[49:09] month's agenda it'll be about two months it's about 30 days minimum it could be

[49:14] 45 days you know if they they came to me on Thursday it's not going to happen

[49:18] until May right because the April agenda is set tomorrow at noon so a new

[49:23] property owner would have to come in make an application and start the whole

[49:26] process individually

[49:29] mhm and then technically after July they probably shouldn't operate their

[49:34] short-term until they have a permit okay so I don't rent my properties but let's

[49:39] say next year I said hey maybe I want to do this so that I would go ahead and

[49:44] send out an application I for the

[49:51] process okay if we don't have any more commissioner comments Mr Ralph me

[49:57] m m chers dumus no uh our next regular meeting will be a

[50:04] public hearing on April 9th 2024 at 6 PM the regular meeting will follow the

[50:11] conclusion of the public hearing uh we don't have any special

[50:15] meetings we don't have any workshops I declare this

[50:24] meeting stop thank you for your time

24-03-12 HICPC Public Hearing Regular Meeting

Transcript