Holmes Beach city officials hope to ensure there are not too many people roaming the neighborhoods as the municipality continues to recover from Hurricane Helene.
City commissioners voted 4-0 Oct. 2 to enact a 45-day moratorium on the use and occupancy of vacation rentals within municipal limits.
Commissioner Carol Soustek was absent with excuse.
The moratorium immediately went into effect following the vote, banning vacation rentals until Nov. 16.
It can be terminated at any point before the end of the 45-day timeline, and city officials have expressed hope to do so.
On the other hand, extending the moratorium would require the municipality to issue public notice, hold two hearings and secure a vote of the commission.
The adopted ordinance also establishes the city’s abeyance of the review, issuance and renewal of municipal vacation rental certificates during the moratorium.
The ban does not impact anyone who may be displaced due to the hurricane.
The motivation
The city’s recovery management organization initially recommended the enactment of a 60-day moratorium.
The RMO is comprised of Mayor Judy Titsworth, public works superintendent Sage Kamiya, city attorney Erica Augello, as well as other department heads, and is responsible for implementing recovery plans during states of emergency.
RMO members told commissioners a vacation rental moratorium would help limit the number of people in the city and allow the municipality to efficiently and safely recover from the storm.
Much of the island remained in disrepair following Hurricane Helene and did not resemble the tourist destination it has been for years.
The island’s beaches remained closed to the public as of Oct. 4 due to hazardous materials littered throughout the shores and in the water due to the storm.
The city remained under a 7 p.m.-7 a.m. daily curfew and only residents with re-entry tags were allowed to enter the city during those hours.
Only residents, business owners, employees and contractors are allowed access to the island during the day.
While utilities have been restored, many businesses remained closed as they underwent repairs and roadside rights of way were lined with debris that will take weeks to remove. Damage assessments had only just begun.
Kamiya said the moratorium was necessary for health, public safety and welfare as it would help limit the number of motorists on city roadways and pedestrians on sidewalks.
He said many roadways and sidewalks remain covered in sand, which also limits crosswalk visibility, while at least eight roadways require significant repairs due to Helene.
Chad Minor, the city’s director of development and a member of the RMO, said the municipality had begun going door to door to complete damage assessments and found 95% of ground-level homes had sustained damage.
He added that 15 properties within the city were “completely gone” and uninhabitable following the storm.
Minor said city staff was tasked with an “incredible” amount of work, but the moratorium would give them time to complete their work.
Police Chief Bill Tokajer, another RMO member, said the city was unsafe and should not be opened back up to vacationers until it was cleaned up and secured.
Tokajer added that residents were “begging” for a vacation rental moratorium and that any ban could be lifted when the city is once again deemed to be safe.
Public comment
Nine people — largely a combination of vacation rental owners and managers — spoke during public comment to ask city commissioners enact a shorter ban.
Many acknowledged the RMO’s safety concerns, but said a 60-day moratorium could scare off visitors and spell doom for small businesses that might not be able to endure a two-month stretch without revenue.
John Munn, chief operating officer of Bradenton-based Prime Vacations, voiced concern with the 60-day proposed moratorium and said restoration efforts were picking up speed.
He said that, despite the “shocking” state of the island, Prime had around 150 homes that were ready to be rented.
Another Prime employee, Eric Pullen, said that about 25% of the business’s 400-plus vacation rental units on the island did not sustain damage and that almost 70% would be ready to rent in the near future.
Larry Chatt, owner of Holmes Beach-based Island Real Estate, expressed doubt that allowing vacation rentals would result in an influx of vacationers to the island since it is in the midst of the offseason.
He said he had been through more than 100 of Island Real Estate’s rental properties and, while some would take months to restore, others just needed pool cleanings.
Chatt and many of the other commenters asked the city to lower the moratorium’s duration to 30 days instead of 60.
Discussion
Commissioner Pat Morton moved to adopt a 60-day vacation rental moratorium.
Commissioner Greg Kerchner seconded the motion to open the item for discussion but said he was not in support of the duration. He said he would rather vote for a 30- or 45-day moratorium.
Commissioner Dan Diggins said he wanted to allow the market to dictate who was on the island, not the city. He added that most people would not vacation on the island in the state it was in, so discouraging them further might be unnecessary.
“I don’t want to put people out of work or out of business,” Diggins said. “I think it’s the wrong thing to do.”
The audience applauded his comments.
Commission Chair Terry Schaefer reiterated the RMO members’ safety concerns and said the commission would be remiss not to address them.
A vote on Morton’s motion for a 60-day moratorium failed on a 2-2 vote, with Diggins and Kerchner voting “no.”
Following the failed motion, Kerchner moved to enact a 45-day vacation rental moratorium.
Diggins seconded the motion to open discussion and he and Kerchner ultimately voted in support of the shortened ban.
Schaefer addressed the gallery before people dispersed.
“We’re in your court, people,” Schaefer said. “This has been probably the most difficult decision I think we’ve made and I thank everyone for their patience, their understanding and their thoughtfulness.”
“We’re going to work hard to get you all back up and running,” Titsworth said.
The city commission will meet next at 2 p.m. Tuesday, Oct. 22, at city hall, 5801 Marina Drive.
A livestream of the meeting can be viewed on the city’s website, holmesbeachfl.org.
Anna Maria shoots down rental moratorium
While its sister city to the south wants to keep vacation renters out during Hurricane Helene recovery efforts, Anna Maria city officials feel differently.
City commissioners reached consensus Sept. 30 not to move forward with a moratorium on vacation rentals due to concerns such a move might be considered a government overreach.
Mayor Dan Murphy told commissioners that he had heard from Holmes Beach Police Chief Bill Tokajer about the city of Holmes Beach’s plans to enact a vacation rental moratorium.
However, Murphy expressed opposition to the idea, which he said could be considered an abuse of power.
City attorney Becky Vose said the pursuit of such a moratorium was “wrought with peril” and could expose the city to lawsuits for damages.
“It’s a really bad idea from a legal standpoint,” she said.
Instead of temporarily prohibiting vacation rentals, Commission Chair Mark Short suggested the city try to educate potential visitors about the state of the island following Helene in an attempt to discourage vacationers from coming until the recovery efforts are further along.
The city posted a status update Oct. 2 to its Facebook page — City of Anna Maria, Florida — warning potential travelers about limited island access, entry delays, closed businesses, contaminated swimming pools, as well as poor beach and road conditions.
“Sightseeing is not appropriate, not recommended and is highly discouraged during this time of our restoration,” the post reads.
— Ryan Paice
Post-storm Holmes Beach status update
- City Hall, 5801 Marina Drive, no damages, open to the public 8 a.m.-4 p.m. on weekdays.
- Island Library, 5701 Marina Drive, no damages, open 9 a.m.-5 p.m. every day.
- Island Shopping Center, 5414 Marina Drive, many businesses sustained damages and remain closed until further notice.
- Post Office, 5354 Gulf Drive, closed until further notice.
- Mail Delivery: the U.S. Postal Service resumed delivering mail Oct. 4 to city residences and businesses.
— Ryan Paice