Can Marco regulate rudeness?

Closed council decision on anchoring case to be followed by controversial short term rental ordinance review

— Two Island issues come down to an attempt to regulate rudeness, some say. Council will decide whether to continue an anchoring case in a closed session, followed by review of the short term rental ordinance in a meeting later Monday night.

Marco Island City Council and Marco Island City Manager Steven T. Thompson will meet in a “closed” attorney-client session with Alan L. Gabriel of the law firm Weiss Serota Helfman Pastoriza Cole and Boniske, P.L. to discuss matters relating to pending litigation known as: State of Florida vs. David Dumas, Circuit Court of the Twentieth Judicial District in and for Collier County, Florida.

Members of the public will not be permitted to attend the meeting, which begins 2:30 p.m. in the Community Room, 51 Bald Eagle Drive, due to the exemption allowed by Florida Statutes relating to pending litigation.

Governor Charlie Crist signed into law in late May legislation that would make the city ordinance against anchoring in some Island locations null and void as early as July 1, when most of the state’s legislation is to take effect.

Council is to decide whether to continue pursuing the case against Dumas, who intentionally violated the ordinance in 2007 in the hopes the ordinance would be ruled unconstitutional.

The transcript shall be made part of the public record upon conclusion of the litigation.

Councilman Ted Forcht said he sees a parallel between the anchoring ordinance and the proposed ordinance regulating short term rentals in residential neighborhoods.

“Your rights end where someone else’s begin ... If people weren’t rude, we wouldn’t need half the laws we have,” Forcht said of both issues.

If you’ve paid a $1 million for a home, you don’t want someone parked in your backyard, he said of the anchoring ordinance.

Similarly, when it comes to resort rentals in residential neighborhoods, Forcht said it should be common courtesy to be clean and quiet for respect of neighbors.

Council will review a draft ordinance that many Realtors and homeowners oppose. Resident Karen Salvi lived next door to a rental house that she called a “hotel from hell.”

Salvi said although the recent sale of the neighboring home may bring her peace, she’s not confident the ordinance as proposed will solve other rental problems on the Island.

Not all details of the ordinance are ironed out, including the cost to register, but overall the legislation is to limit rentals to no more than one lease in a seven day period. Permission to rent the property may be suspended if four violations occur within two years.

Rental properties are to maintain a manager or owner available for city contact at all times and will be granted via permitted use per the ordinance.

The only way to give residents peace and quiet is to have a 30-day minimum rental in single family neighborhoods with conditional use because the rental use can be taken away if abused, Salvi maintains.

“Short-term rentals are illegal and in violation of state statutes,” Salvi said.

Community Development Director Steve Olmsted agrees, but the city is not enforcing his interpretation.

“This ordinance is being passed to give rental owners, brokers, and Realtors permanent land rights for transient rentals, daily, weekends and weekly, which can never be taken away,” Salvi said.

“ The city is letting Marco residents know that the most basic right, i.e. the right to live in your home in a peaceful manner, is not important to the City of Marco. That’s my take on the ordinance.”

See draft ordinance and full council agenda in the "related links" to the left

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Comments » 22

MrBreeze writes:

I can sum it up it two words "FLOPHOUSE RENTALS"

SaraBeth (Inactive) writes:

For many decades...seasonal home owners have loaned out their homes to family and friends during the months they are away.

Residents that lived here year round were subjected to wild parties, loud noises, crime committed by some...during their short stay, etc.

So one home owner makes a profit and the other doesn't.

As for anchoring. Been doing that for generations also. Now that you own a home..on the water...and you look out and see a boat...your upset.

I am upset with all the whining.
Let's enforce a "whiners ordinance."

Better yet...put a tall fence around Marco Island, put gates at both bridges.No one allowed on, to shop, visit the restaurants, patronage the area period, "Residents Only." One must past the scrutiny of the full time residents in order to purchase a home on the Island.

Oh wait...you want their money!
Next gripe.

marcovisitor25 writes:

that's good stuff Sarabeth. Though we are seasonal renters and abide by the laws, the council has way too much freaking time on its hands. Just my two cents

happy6 writes:

GO GIRL!!!!!

jaguar writes:

Sara you are a breath of fresh air.You tell them.

MrBreeze writes:

So Sarabeth, What is your position on Renters? Your facts are correct about the Renters. I think as far as "whining" goes the residents are just fed up with the problems with the renters. Bottom line is the "tennents" can not be controlled and the neighbors suffer. I know it happened to me. So to control the problem you must not let it start in the first place.

As far as the "gated" Island it is already heading that way if you cannot see it happening.

jaguar writes:

#6 Define what you mean by the residents.Are we talking here all or a few?Or to put it another way when the meetings take place,just how many people attend who are complaining and how many attend who are against any action.If its as big a problem as you say why does the whole city not turn up.Perhaps a referendum is the answer,then all the residents can choose not just the few who have nothing better to do.

jaguar writes:

Oh by the way, a new set of renters turned up next door to me on Friday, they were out on the lanai having fun last night.But you know it was all silent well before 10pm.

GBR writes:

Ok, here is a radical idea. It has been proven effective in some of the more progressive places in the country.

It's called zoning. Pretty simple.

There are neighborhoods that should not have short term renters, however, there are others that would be a perfect fit.

I realize someone would probably have to do work to get this layed out, and that's why it will never happen.

artrules writes:

Quote: "If you’ve paid a $1 million for a home, you don’t want someone parked in your backyard, he said of the anchoring ordinance."

The water is not "your backyard"... it belongs to the public! If you don't want to see boats on the public waterways from " your $1 million home" then don't buy a home on the water.

artrules writes:

The arrogance of Councilman's Ted Forcht's statement in my above post is just infuriating.

MrBreeze writes:

#8 Jaguar, RESIDENT; To dwell permanently. A part of a Town consisting mainly of residences. Webster Dictionary.

So in answer to your vote. Even though the Island is jammed with realtors and condo dwellers who could sway the vote I would still go for a referendum on this because I believe the "RESIDENTS" have had enough. I know that I would vote for peace and quiet.

As part of the vote all "Landlords" of short term rentals should have to disclose "ALL INCOME" from such rental that has been charged. Lets see you do that.

Also Jaguar, I find it amazing that now in JUNE you are enjoying your home after a season of "FLOPHOUSE RENTING" during season.

Also, GBR nice name change. I new you would surface under a new name. And yes, you will be zoned, permitted, inspected and hopefully mandated out of the rental business.

jaguar writes:

#8 what all ten of you.As for the rental income I can tell you now the rents only just cover the maintenance on the house.THERE IS NO PROFIT WHATSOEVER.Shall I say it again THERE IS NO PROFIT WHATSOEVER.

jaguar writes:

sorry not answer to #8 actually #12.

OldMarcoMan writes:

Don't go all Guidry Artrukes.
Forcht was finally making a point.

multi_million_heir writes:

gbr, what neighborhoods do you think should be permitted the rentals, a perfect fit? I am going to say the estates as the properties are larger and would help lessen the impact on neighbors. Most of the "working class" neighborhoods have people living in them that must get up early for work, and get children off to school. Agree?

MrBreeze writes:

#13 Jaguar, I know you and the other "Flophouse Landlords" will never TELL the number of RENT collected.

Let me make it easy for you sir. Fill in the blank.

In 2008 the amount of rents collected was ________
It is a one number answer.Do not run us around the bushes with maintence costs, overhead, your fees bla,bla,bla.... Just fill in the blank and be honest with all of us. I await your post.

jkp writes:

I never thought I would read such comments from residents on the Island nor can I believe your tax dollars are being spent on such matters. I'm not sure what is more frustrating. My husband and I have been short term home renters on this Island during the summer months for the last six or seven years. Not only do we keep our money in the US to help our enconomy but we contribute to your local enconomy, as well. We rent the home, we used to rent a boat until we purchased a boat last year (but it is docked year round over here contributing to a local business), we purchase items from the local stores, I take my brothers girlfriends to a local spa for a girls day, eat at local restraurants, what else?

We obey the laws on this island as well as those on the east coast of Florida where we work and live full time. We own water front property on the west coast of Florida further north and were actually considering purchasing water front property here to build on someday in the near future but when residents feel they have the right to say if a homeowner can rent their property or even anchor off the water behind a home to fish ..... do we want to live on an island such as this??? We always thought it was such a nice place and the people were such kinder but the truth be told this article makes me think otherwise.

As to someone fishing behind a persons house it is so upsetting to hear this is actually even being heard on an agenda. If it were my house I'd be on my dock asking if they were catching anything.

We are on the island right now for a month before returning later in August so I guess I should not let anyone know we are renters or everyone will think less of me. In todays world are there not items that are of such greater importance or have we all forgotten the important things in life.

Those of you fortunate enough to live here year round should remember that these renters come here because they want to experience this style of life. Is there a chance that a renter may get out of hand every once in while....yes there is but truth be told how often does that happen????

Try and enjoy your life and not complain about the small things.

artrules writes:

Well said jkp! We currently know 5 couples who either used to live on Marco or are currently looking to move off the island because of what has become of the island. Our friends who moved 4 years ago to another state moved to Marco over 30 years ago and loved it then... now they no longer care to even come for a visit. It's no longer the island they used to know and love.

How sad that a beautiful island paradise has become what it is today.

jaguar writes:

#17.Can you tell me what relevance the rental income is, regarding this subject.I can,t see where your heading.Surely you can nearly work it out for yourself.18 weeks at $1=?,18 weeks at $2=?Anyway it is simply not the issue and certainly none of your business.I don,t discuss this with my friends let alone an idiot like you.

MrBreeze writes:

#20 Jaguar, I knew you would NEVER post it. SO lets then say 18 x 1,000 pretty nice "FLOP" income. Oh, but the 18,000 is only barely covering the maintence.

Boy, what a great friend you must be.......

And I bet you give your friends "special" rates. I have meet your type many many times before.

Enjoy it while you can, I hope it ends soon.

MrBreeze writes:

ALso Jaguar, I might be an idiot in your eyes, but look in the mirror and ask who was to scared to post the number???????? Remember, its only yourself your fooling..........

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