COMMENTARY

MILT THOMAS

In our previous article about meetings of the Short-Term Rental Advisory Committee, we reported that the Committee’s primary concern was developing recommendations about ordinances that can be brought to the County Commission for them to consider and then vote on. It was apparent, especially after the third meeting of the Committee, that two agendas exist – on the one hand to develop regulations governing short term rentals and the other to prevent short term rentals in residential, non-commercial neighborhoods.

To those on the Committee who advocate for smaller and less government, the second agenda is either less of a concern or no concern at all when it comes to government imposing regulations that interfere with the private property rights of landowners. The discussion for them is coming up with a way to limit bad behavior associated with transient tenants without causing undue hardships on the landlords who profit from those tenants.

It would seem this is an issue best handled by the Planning & Zoning Commission, which has plenty of experience dealing with land use regulations. So the question should be why was this important issue given to a group whose primary expertise is profiting from short term and long term leases?

Instead of referring these issues to the County’s Planning & Zoning Commission, a new committee was proposed by Commissioner Bob Solari, a well-known advocate of small government. Solari led efforts to deny County participation in the Indian River Lagoon Council and Seven 50 planning group. He has been the leading critic of the Treasure Coast Regional Planning Council, and a lead advocate of the County suing the City of Vero Beach regarding Vero Electric. It should be noted that Commissioners Zorc and Flescher voted against Solari’s proposal to form this new committee. Also worth note is the fact than when Solari was first elected to the County Commission he proposed and was successful in reducing the number of the County’s citizen committees.

To make these recommendations regarding the economics of private property rights versus the rights of residents to quiet enjoyment of their neighborhoods, the Commission appointed a developer, an owner of vacation rentals, a vacation rental specialist, two advocates of small government, a retired entomologist, and member of South Beach Property Owners Association. In terms of conflict of interest, it would seem that at least three members of this committee have a vested, financial interest in serving on a Committee charged with proposing what, if any, regulations will be placed on their rental activities.

Glenn Heran, an outspoken advocate of “limited government,” and a longtime activist in support of the Florida Power & Light’s bid to buy Vero Electric, tried to choke off discussion of regulations at the Committee’s last meeting.  Heran proposed putting off any discussion of regulations on short-term rentals until a study could be conducted on their economic “benefit” to the community. Joel Molinari, the other small government advocate and Angela Waldrop, the real estate rental specialist, supported Heran’s proposal, but their effort failed in a 3-3 tie vote. Heran was successful, however, in adding economic impact as a topic at the next Committee meeting.

While the economic impact of tourism is a positive for our county, this committee was formed in response to the practice of homeowners in suburban residential areas leasing their homes to transient vacationers for as little as one night to multiple tenants, sometimes college students, disrupting the right of their neighbors to quiet enjoyment of their neighborhoods. Short term rentals are a commercial enterprise being conducted in a non-commercial areas, often operating illegally without paying tourist or sales tax.

As to the extent of this unregulated business, one only has to Google “vacation rental homes in Vero Beach” to see that the number is at least in the hundreds. Here is an example of some sites. Some are related and listings can appear on multiple sites:

WEBSITE                                       # LISTINGS

Airbnb.com:                                           202

Homeaway.com:                                    316

Vacationrentalbyowner.com:             409

Hometogocom:                                      389

Tripping.com:                                        484

Vacationrental.com:                             320

So this is not an isolated problem, as many homeowners in proximity to the unregulated rental homes will tell you. What business activity, if any, is allowed in our community’s neighborhoods is a quality of life issue, not an economic one. Discussing economic impact at the next Committee meeting is not relevant because the economic benefit of increased tourist-related income for the county and taxpayers is unquestioned. However, free enterprise does not trump the quality of life consideration for neighbors and taxpayers who moved here, invested in homes to enjoy our tremendous community assets in peace and quiet. If someone wants to live next to the hustle and bustle of a commercial enterprise, they can buy a home to rent out near Walmart or Miracle Mile.

The county currently has no regulations regarding short term rentals (except for the recently passed parking and events ordinances). However there are ordinances on the County’s books regarding commercial enterprises in residentially zoned neighborhoods.

Apparently, four County Commissioner believes they have no need for expertise or even suggestions from anyone outside of the newly-formed Short Term Rental Advisory Committee. At Tuesday’s BCC meeting under Commissioner Matters, Tim Zorc offered a suggestion, but felt he needed to preface it by reminding his fellow Commissioners that they had agreed any input from them during the Committee’s proceedings was acceptable. His suggestion was to simply follow established regulations on the books. Namely, he said, “When we look at authorized uses and regulations, we find that they limit someone who owns a house from renting more than one room for boarding purposes….also limits noise impact on surrounding neighbors and the number of parking spaces.”

Commissioner Zorc also pointed out that if we call short term rentals a business, they should at least have the same requirements as qualifying for a home permit. As it stands now, they rent one room and they are in compliance, but renting an entire house they don’t have to comply to any of these same basic, non-intrusive rules.

The other commissioners wasted no time telling Zorc to let the Committee do its work. Joe Flescher said, “I am thorouhgly impressed at what they are accomplishing. I have full faith in what the Committee is doing. I don’t think we should be looking at something that would derail the process and we should await their input.”

Commissioner Solari, who proposed the Committee, added “I can’t understand why we’re jumping right in front of what they’re doing.”

Committee vice chair, Joe Paladin, did say he would bring Commissioner Zorc’s question to the Committee at its next meeting.

While Zorc’s suggestion does not address all the issues related to short term rentals, it does provide a simple, logical solution, that if followed up with enforcement should be a small government advocate’s dream. It certainly deserved more debate than simply waving it off. In fact the ordinance that created this Committee states under Powers and Duties:  “Consider all matters submitted to (the committee) by the Board of County Commissioners…”

It will be interesting to see if Zorc’s suggestion is brought up at the next Committee meeting and how it is discussed.

More importantly, it will be interesting to see what the Committee ends up recommending to the BCC when it finishes up as expected next March or April.

What’s at stake here is not giving property owners the right to make money with minimal regulatory intrusion, but the longstanding reputation of Vero Beach and Indian River County as the quiet little community on the ocean. What’s at stake here is our quality of life.