[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