Vote split 5-2 on introduction; public hearing set for June 12
SOMERS POINT — In a rare act of division, City Council voted 5-2 on May 22 to introduce a measure that would lengthen the minimum stay at a short-term rental from three to seven nights.
“The city of Somers Point has adopted regulations governing short-term rentals in the interest of preserving the quality of life in residential neighborhoods and ensuring the public health, safety and welfare of residents and visitors” and “has determined that increasing the minimum stay requirements for short-term rentals is necessary to further these goals and to reduce transient occupancy impacts on neighborhoods,” the ordinance states.
City Council had passed regulations on short-term rentals in March 2023 following multiple meetings, including early measures to control the practice — or facilitate it, depending on whom you asked — during which many people voiced opinions both for and against it.
Three measures approved March 9, 2023, were intended to increase oversight of the properties, which are booked through an online marketplace such as Airbnb for a limited time, as well as implement penalties for violations of noise and nuisance rules as a deterrent to appease concerned neighbors.
One ordinance amended registration and inspection rules, setting a three-day minimum number of nights and stipulating that an owner must live within a 10-mile radius or hire a property manager within that zone.
The ordinance established penalties for violations of between $250 and $1,000. Significantly, it defined “sustained complaint” as any credible complaint regarding a code violation whether or not charges resulted. Anyone receiving a second sustained complaint within one week is subject to a fine of $1,500.
The ordinance is broad regarding license revocation, stating a violation of any single regulation is grounds. It specifically states that three sustained complaints in one year could lead to loss of license.
The ordinance also set the maximum number of visitors at two per bedroom plus two and prohibits the renting of individual bedrooms, basements, attics, trailers, campers yards and swimming pools.
The other two ordinances concerned finances. One set the cost of an annual mercantile license, which all short-term rental owners must obtain, at $150, while the other added the rentals to those subject to the hotel and motel room occupancy tax of 3 percent.
Councilman Sean McGuigan was steadfastly opposed to allowing short-term rentals anywhere in the city, and repeatedly spoke out against them.
“We’re only seeing really the beginning of this and these will continue to proliferate, and that is why many communities have taken measures to curtail them basically completely. I don’t know why our community can’t protect our neighbors,” he said at the time.
McGuigan said last week that after two seasons, it was time to fine tune the rules.
“We’ve now gone through several seasons of three-day minimums. Why not continue to make a compromise and bring it to seven, a full week? That will lessen the disruptions to the neighborhood,” he said.
McGuigan believes a longer stay would mean fewer people coming and going. As it is, he said, a property can be rented every three days.
“In nine nights I can have three different families living next to me, or three different bachelor parties or three different bachelorette parties,” he said.
McGuigan said he sees only an upside to a longer stay.
“It doesn’t hurt tourism, it doesn’t hurt the Airbnbs — they just have longer times for people to enjoy their facilities and therefore enjoy what this city has to offer,” he said.
City Council initially approved rentals of fewer than 30 days in January 2023, then revisited the issue several times.
Councilwoman Janice Johnston, who was president of the governing body at the time and a member of the ad hoc committee formed to research the issue, introduced the original ordinance, saying afterward that the city had seen an increase in the number of short-term rentals and she “wanted to get a handle on it to have some control.”
“I think short-term rentals have been here a very, very long time and I think they are here to stay and this does give us some control to enforce the rules,” she said at the time.
McGuigan argued for a minimum rental period of 30 days. He said it would “allow anyone who wants to rent their property the opportunity to do so but would stop the ‘party house’ rental or constant weekend turnovers and all the ills that come with those.”
On May 22, Johnston said the matter had been thoroughly covered and there was no reason to revisit it.
“I will be voting no for this ordinance. This is a subject that we discussed to the Nth degree. The committee worked on this, we did our research. We made the decision, and changing the duration does not fix anything, it just causes more aggravation for the owners,” she said.
Councilman Rick DePamphilis, who also was a member of the short-term rental committee, also said he would be voting no.
“This is one of the main topics that we considered was the length of time, and we decided back then that three days was just perfect and anything more than that would be much too long,” he said.
Councilman Kirk Gerety said while he planned to vote yes on the introduction, he was undoubtedly voting no after the final reading. He noted he looked forward to hearing the public’s opinion.
President Charlie Haberkorn said City Council welcomes the public’s input.
“Over the next two weeks, everybody has the opportunity to bring forth their ideas. Many municipalities are dealing with short-term rentals. There is a tool box of different things that can be done, but I, too, would like to hear from the public,” he said.
He acknowledged that not everyone is in favor of the rentals.
“There is some evidence out there, be it generic and anecdotal, that neighborhoods do suffer from having short-term rentals. That does not mean I am against short-term rentals, but I think we need to look at this again,” he said.
During public comment, resident Pat Pierson said the city should notify the owner of every short-term rental property of its intensions.
“These are investments that these people have; they depend on their summer rentals. If you are going to extend it or make it miserable for them, or put them out of business or whatever you are trying to do, they have to have notice. Anybody who has a license should be contacted so they can come to the next meeting. You have to be fair and you can’t blindside people,” she said.
Economic Development Advisory Commission Chairman Rob Hopkins noted several failures that cost the city money and goodwill, including an attempt to monetize the city’s Bay Avenue parking lots that was unpopular and later reversed and an attempt to control the municipal boat ramps via key fob-operated gates that malfunctioned.
“We got a black eye with the parking lots. We got our feet kicked out from under us when we did those gates. Don’t let us get kicked in the nuts with short-term rentals,” he said. “It’s overreach. Do your research, look into it.”
A second reading of the ordinance is scheduled for City Council’s next meeting, set for 7 p.m. June 12 at City Hall.
Other business
City Council also introduced an ordinance that would lease the Eva Anderson Youth Center to the Somers Point Police Athletic-Activities League from June 1 to Dec. 31, 2029. No cost was provided.
“The property has been underutilized now for a period of time,” the ordinance states. “City Council recognizes the benefits provided to the city through the educational and recreational programs organized and operated by PAL.”
– By CRAIG D. SCHENCK/Sentinel staff
