Short-Term Rental Standoff: Red Bank Council May Override Veto

RED BANK, NJ — A special meeting of the Red Bank Borough Council has been called for 10 a.m. Friday, March 3, to consider an expected override of a recent veto by Mayor Billy Portman of a short-term rental ordinance passed by a majority of council.

The council will also introduce an ordinance to impose a 3 percent transient accommodation occupancy tax, according to a notice by the borough clerk on Wednesday.

Council President Michael Ballard said the proposed ordinance would require the occupancy tax for registering a short-term rental, based on the rent being collected. It would be a source of income for the borough, he said

The Borough Council majority team of Ballard and Councilmembers Ed Zipprich, Jacqueline Sturdivant, John Jackson and Angela Mirandi voted Feb. 8 to adopt the short-term rental ordinance. Councilmember Kate Triggiano, aligned with the mayor, voted against it.

Ballard said the council was not informed of Portman's veto until the Borough Clerk notified council on Feb. 23, and were not told by Portman of his intent to veto.

The veto is expected to be overridden by the council at the Friday meeting.

The short-term rental ordinance would limit allowable short-term rentals to certain zones of the borough, but would ban it in strictly residential zones.

Portman, in his news release last week, said: "Having received voluminous e-mails and feedback from Red Bank residents in support of allowing at least owner-occupied short-term rentals, I believe it is my obligation as mayor to veto this ordinance."

Ballard said in response that Portman "blindsided all five yes-voting members by issuing a press release announcing he would, for the first time in Red Bank in over 40 years, veto a properly adopted borough ordinance."

In his statement last week, Portman said the ordinance that was approved was "an effort to appease a few people in complete opposition to short-term rentals."

He said the council majority "ignored the simple and widely acceptable solution - to require that short-term rentals are owner-occupied," Portman said.

Under the now-vetoed ordinance, short-term rentals would be permitted in the Business/Residential 1 and 2 zones; Central Commercial District 1 and 2 zones, and Light Industrial, Neighborhood Business, Highway Business, Waterfront Development and Professional Office zones, with various restrictions outlined in the ordinance. The rentals are not permitted in residential zones.

The ordinance as adopted Feb. 8 can be seen on the Borough Council agenda here.