New Buffalo Planning Commission rejects two proposals proposing restrictions on short- term rentals

BY STAN MADDUX AND FRANCESCA SAGALA

Members of the City of New Buffalo Planning Commission opposed two proposals with regards to placing restrictions on short-term rentals at a special meeting Tuesday, Sept. 21.

A public hearing was held Sept. 16 on a proposed zoning ordinance amendment that would prohibit new short-term rentals in the R-1, R-2, and R-3 zoning districts.

The Planning Commission did not vote on the measure Sept. 16, which limits the number of short-term rentals in residential neighborhoods to the amount existed and were registered with the city before the end of October.

Other stipulations of the measure include short term rental owners having to conform with regulations governing use and having to renew their permit within 12 months after expiration to keep the permit.

New owners would also have to obtain a renewal of the permit to keep operating their newly acquired property as a short-term rental.

At the City Council meeting Sept. 20 (see page 5), councilmembers adopted a resolution that directed the planners to “consider a motion to recommend adoption of the proposed ordinance.” If the motion “does not carry, the Planning Commission is further directed to consider a motion to recommend adoption of the modified proposal,” which would “prohibit new short-term rentals in the R-1 district, but not in the R-2 or R-3 districts.”

Before voting Sept. 21, the planners went into closed session to discuss a confidential attorney-client privilege memorandum.

In a 5-0 vote, the planners opposed the first proposal. The planners opposed the second proposal in a 1-4 vote (planner Bill McCollum was the “yes” vote). Chair Paul Billingslea said that he’s “challenged” by the city’s current moratorium on the issuance of new short-term rental licenses to Nov. 1 that has “left people hanging.”

“There has to be a better alternative than this,” he said, adding that they can come up with one to recommend to the council. “I would recommend we vote this down, and we try to craft something that’s not far off from this but it’s a little more equitable, at least in the meantime… It’s just unfair, it’s just completely unfair in my mind,” he said, which was met with applause by audience members that filled City Hall. Billingslea said he understands the “problem with short-term rentals,” adding that “just saying it’s okay to have shortterm rentals is not the answer – by any means.” “It’s not just about enforcing rules, it’s about the density of it - it’s not about the total number, it’s about where those specific rentals are,” he added.

It was revealed that there are approximately 78 applications on the short-term rental waiting list, 45 of which are in R-1.

Billingslea proposed that the 78 applications that are out there would be processed, and then there’d be a cap on short-term rentals for a period of one year “at that level” in R-1.

“So, there would be no additional R-1 short-term rentals for a year beyond the 45 we would add by processing the 78,” he said.

At the end of the year, the situation could be evaluated, and it would be determined if there could be more shortterm rentals in R-1. Numbers would be drawn in a lottery to determine who would get a permit.

Planner Don Stoneburner said he needs more data before he can “make determination,” such as through a community survey.

“I agree, we need to do more restrictions on short-term rentals, I just don’t think we’re going through the process correctly,” he said.

Several audience members expressed gratitude for the planners’ decision. Gerry Gajos said he knows “you guys are listening to us.”

“Work with us, contact us, we’ll be more than glad to give you the information what we’ve been doing for the last – myself 15 years - with never a problem,” he said.

The Sept. 16 meeting drew a large, fired up crowd alleging such restrictions would do great harm to the local economy.

Karen Doughty told the Planning Commission Sept. 16 that she and other small business owners in the downtown are struggling already without a permanent cap on what brings a lot of visitors to the community.

She said 80 percent of sales at her Designer Cottage Scapes of Harbor County gift store at 112 N. Whittaker Street are from people outside the area and many of them probably stay in short term rentals.

“You’re getting ready to put a nail in the coffin for all of the small businesses downtown,” she said.

Billingslea, who pounded his gavel several times to quiet the vocal crowd,

said he was not ready to cast a vote. “I’m trying to come up with a solution that works for everybody and that’s not easy. Some place in the middle is where we got to be,” he said. Over 100 people showed up for the meeting with some being forced to go outside and look through windows to watch because of social distancing of chairs in response to the upsurge in coronavirus cases. Several people against the proposed restrictions expressed anger with Mayor John Humphrey, who’s also a member of the City Council. At the City Council He and other city officials are meeting Sept. concerned about complaints of unrest 20 (see page 5), in neighborhoods from parties, noise, councilmembers traffic, and litter generated at some of the adopted a vacation homes. resolution that Many opponents of the proposal directed the questioned whether there’s been a lot planners to of complaints and felt there’s no longer “consider a motion not enough meat and potatoes jobs in to recommend areas like manufacturing to support the adoption of mayor’s vision. the proposed “The city is business owners, second ordinance.” If the homeowners, short rental owners, motion “does not restaurant and beachgoers. Shop, carry, the Planning winery, and brewery visitors. It is not

Commission is just long-term residents. All of us make further directed to up this city and contribute to it in some consider a motion way,” said Diane Gajos, a vacation to recommend homeowner. adoption of the Jason Milovich, owner of Blue Fish modified proposal,” Vacation Rentals, said the local tourism which would economy once vibrant just during the “prohibit new short- summer is now a strong heartbeat in the term rentals in the fall. R-1 district, but not “This is our identity. Period,” he said. in the R-2 or R-3 Heather Gradowski said tourism is also districts.” a pulse now virtually year-round because of events and other attractions that draw visitors during the off-season. Gradowski said she supports “reasonable regulation” of shortterm rentals, but the ones currently proposed “slowly assures their death” and will also “assure a slow and painful death to this small city. I think we can do better than that.”

Museum co-founder Nadra Kissman speaks to the crowd The crowd enjoyed appetizers from Brewster’s in New Buffalo Members of the Harbor Country Chamber of Commerce returned to its roots for the first chamber mixer that was held in nine months when they gathered at the New Buffalo Railroad Museum (NBRRM) Thursday, Sept. 16.

“The Harbor Country Chamber of Commerce celebrates its 40th anniversary this year and it’s fitting to gather here for the first member mixer at this location - for many years, the museum was the official Harbor Country Chamber location before we moved to the Three Oaks Road (location) so it’s really great we could return back to our own history in this building,” Kimberlee Wendt, chamber executive director, said.

Vennessa Holecek Thun, president of the NBRRM Board of Directors, said that 2020 had been a challenging year for the museum.

Along with being closed for the entire season, the museum also had a major flood in its basement.

“We had very serious damage and we had put off long overdue maintenance and repairs,” Thun said.

Despite the challenges though, the “little museum that could” kept chugging along thanks to some outside help.

“In addition to our hundreds of individual donors, we want to thank The Pokagon Fund and the Berrien Community Foundation for their sustainability funding in 2019-2020 and 2021,” she said.

Recently, an authentic C & O Caboose 904126 that was donated by CSX transportation joined the museum’s other railroad cars, the Chessie Box Car and Pullman World War II Troop Car.

A new veteran’s display located inside of the C & O Chessie Boxcar, “Hundreds of Histories, One Shared Community: New Buffalo Area Military Veterans (1861 – Present),” was created by Marg Zientarski Putzke and Jim Smitchger.

Founded in 1989 by Nadra and Al Kissman and Ron and Rol Oselka, the New Buffalo Railroad Museum is a nonprofit and is open free-of-charge. It’s located at 530 S. Whittaker Street in New Buffalo and open Saturday and Sundays from noon to 5 p.m. until Oct. 31.

Nadra, who said she’s pleased her daughter, Katha Kissman, who serves on the board along with her sister, Karla Madison, has now taken the reins.

In her retirement, she sews scarves.

“If you want to make a donation to museum, whatever it is, I’ll give you a scarf - and I’ll get busy and crochet some more,” she said.

In chamber news, Wendt said she’s been pleased at the new businesses that have been popping up in the area, adding that she’s performed several ribbon-cuttings this summer.

The economic committee that’s comprised of municipal planners, nonprofit heads, health professionals and financial managers has begun “to tackle the issues and began discussing impactful solutions and initiatives to try to solve some of the things we grapple with” in the area.

To combat the area’s struggle to maintain a labor force, which has only been exacerbated by the pandemic, Wendt said that a Harbor Country Hires Coalition has been formed. The coalition has encouraged businesses to “band together and to promote the wonderful job opportunities we have to offer in a united effort.” A job fair conducted in June and provided by The Pokagon Fund and will be held on an annual basis in late spring.

Those who are interested in signing up for the fair and the coalition can visit its webpage at www.harborcountry.org.

The marketing committee has also been discussing short- and long-term term programs “to promote tourism, especially in the winter, and to encourage yearround residency,” Wendt said.

“They’re planning some fun and interactive ways for members to get involved this year,” she said.

Katha Kissman offers Barb Price a cake pop Chamber executive director Kimberlee Wendt welcomes everyone to the first mixer in nine months

Board president Vanessa Holecek Thun welcomes everyone to the museum Alissa Johns, Val Freyenberger, Ashlie Cordova, Aimee Freyenberger, and Tammy Koziel

Chamber commences mixer season at New Buffalo Railroad Museum

BY FRANCESCA SAGALA

Grand Beach Village Council directs Planning Commission to work on short-term rental ordinance

BY FRANCESCA SAGALA

Members of the Grand Beach Village Council approved directing members of the Planning Commission to work on their draft shortterm rental ordinance at their Wednesday, Sept. 15, meeting.

Members of the Planning Commission will then bring the ordinance back to council members for their review.

Harry Welder and Robert Keagan, members of the Planning Commission, had created the ordinance last fall, modeling it after the one in the Village of Michiana.

The current short-term rental resolution states the village “primarily relies upon citizen complaints to investigate and prosecute rental violations when appropriate” and that the village zoning ordinance “provides that short-term rentals (less than one year) are only permitted as a special land use in our strictly residential zoning districts.”

Council president Deborah Lindley said that she wanted the councilmembers to give the planners some “clear direction” on if they want to village to follow the current resolution or to do an ordinance. The planners will work on the draft ordinance at their Thursday, Sept. 23, meeting. Councilmembers put off making any decisions this summer due to the pending Michigan House Bill 4722 and Senate Bill 446, which state that short-term rentals aren’t commercial but are a residential use.

Councilmember Paul Leonard said that no action had been taken by councilmembers because he believes they were “intimidated by the number of residents who have rented their homes for generations and took offense at what they perceived the council to be doing to take away from them their right to sell their property, to make some money off it, to support themselves in their retirement.”

He added that there are residents who’ve been renting properties for generation and aren’t causing problems. “We don’t need to talk to them, we don’t need to have an ordinance that deals with their property – it’s only the people who are not responsible, who don’t explain to their renters what they’re expected to do in the village,” he said. At the June meeting, it was revealed that the village has been accumulating complaints regarding short-term rentals and is getting closer to having an SLU hearing. “As long as we don’t get complaints, there’s no reason for the council to intervene, there’s no reason to establish a specific shortterm rental ordinance, but we’re on the cusp – we have so many rental properties in the village, that if this continues to be a problem, we may be driven into having to do something,” Leonard said.

Councilmember James Bracewell said that if there is an ordinance, it means there’d have to be inspections at the properties on specifics such as number of bedrooms, on smoke alarms, and on parking spaces.

Councilmember Blake O’Halloran said that in municipalities that are commercially zoned, an SLU is given for that specific commercial zone and only so many are allowed in each one.

“I don’t see that working for Grand Beach,” he said, adding that he’s “not afraid of an ordinance.”

Planner Laurie Roche said that they aren’t dealing with the “old Grand Beach,” which was “families that have homes they’re renting to their family members.”

“These people are coming up for the weekend to party, they’re destroying the family life that exists here in Grand Beach… Today, I’m in favor of a tough ordinance – we’re government, we have to establish the rules and regulations here,” she said.

Lindley said that the closing for the 42 Acres was postponed, as Mario Ortega from McKenna needed to submit more forms to the Michigan Department of Natural Resources that weren’t included in the acquisition guide. She added that Grand Beach Land Development (GBLD) had suggested some more changes to the agreement and it’s now with village attorney Sara Senica. When the village gets the agreement, Ortega will submit it to the DNR.

Councilmembers adopted a resolution authorizing clerk Mary Robertson in addition to Lindley to sign the purchase agreement and all other closing documents to facilitate the purchase of the property.

In a 4-1 vote (Bracewell voted “nay”), councilmembers approved purchasing a generator from Northwest Indiana Generators for $58,900, with the prepayment of $35,000 required at the time of signing of the contract, for the clubhouse.

The proposal is valid for 30 days from the original consultation and the proposal date.

The village has to pay 10% of the DNR grant toward the 42 Acres acquisition upfront, which Lindley said is similar to an escrow account. She said that once they’ve closed on the property and the state goes through with everything, the village will get the money back; however, until then, things will be a “little tight” money wise. The proposal is dated Sept. 9, which Lindley said means the village has until Oct. 9 “for this price” on the generator. Along with the motion, councilmembers approved Superintendent Bob Dabbs asking if the $35,000 down payment can be pushed to Nov. 1.

Councilmembers approved The current short-term rental resolution states the village “primarily selling the village’s fleet of 14 golf carts (13 electric carts with chargers and one gas cart) to Carts on 12 for $32,100 and to relies upon citizen have a cashier’s check one week prior to complaints to owner Ed Arnold picking them up. investigate and Last month, councilmembers approved prosecute rental leasing 20 carts from EZ-Go for 66 months violations when at an annual cost of $20,419.20. On Sept. 15, appropriate” and they agreed to amend the lease to an annual that the village cost of $20,586, which would be $166.80 zoning ordinance more per year. O’Halloran said that this

“provides that would allow sand buckets to be added to the short-term rentals driver’s side of the carts. (less than one year) The hiring of Jayson Powell for $20 are only permitted an hour with six months’ probation as a as a special land maintenance department employee was use in our strictly approved. residential zoning Councilmembers approved giving the districts.” deputy clerk a week off next month for vacation time. Council members approved changing the effective date of Electrical Inspection Ordinance No. 2021-102, which turns over authority for electrical permits and inspections to the state, from Sept 1 to Nov. 15. Robertson said that the inspector for the village’s area has resigned, and it should take the new one two months to get trained. Council members approved filing the village’s assumed name certificates and paying the fee of $10 for each name identified.