Short-term rental registration initiative passes

Andrea Stetson and staff
Correspondents
This was the scene at Mackle Park, Marco Island on Tuesday, where many Islanders cast their votes for the primary election.

This story was updated to clarify Council Chairman Erik Brechnitz comments on the ordinance.

Short-term rental registration initiative passes

On Tuesday, Islanders were asked to vote for or against a vacation rental ordinance that would usher in a whole new set of rules and regulations for homeowners.

The ordinance passed with 56.9 percent of the vote (4,304); 43.1 percent (3,264) voted against it.

On Wednesday, the city released the following statement: “Marco Island voters in favor of an ordinance to implement a single-family home transient rental registration program.” It reminded that the Collier County Canvassing Board will certify the results at 3 p.m., Aug. 30. “Following certification, the ordinance as approved by the voters will be placed for first reading on a future agenda for the City Council,” the statement continued. “The ordinance will not be in effect, and no action is required, until there have been two readings with public hearings before the City Council, as specified within the language of the ordinance.”

On Wednesday, Council Chairman Erik Brechnitz spoke with Eagle Correspondent Andrea Stetson.

We could sit down with Build a Better Marco, the PAC behind the ordinance, and negotiate the terms that are in there and make some modifications or we could "make it a better more enforceable ordinance" or we could do nothing. 

"Doing nothing would not be acceptable to me, and I would favor option two," he added.

This was the scene at Mackle Park, Marco Island on Tuesday, where many Islanders cast their votes for the primary election.

On Aug. 12 a group of vacation rental owners and businesses on Marco Island filed a lawsuit to stop the referendum. The 57-page lawsuit is against the city of Marco Island and Jennifer Edwards, supervisor of Elections for Collier County. The attorney claimed the item was illegally titled and worded on the ballot.

“The ballot question asks voters to approve a rental registration, when in fact they would be approving a complex 17-page ordinance that will devastate the local economy, create new government agencies, depress housing prices, raise their taxes, and curtail their property rights,” Di Pietro wrote in the lawsuit. “The referendum petition is a clear attempt to thwart short-term rentals in Marco Island under the guise of protecting the welfare of its residents.”

Since the ordinance has been approved, the lawsuit asks that the proposed ordinance be declared invalid and unenforceable under applicable law. If that fails, they ask for compensation for the plaintiffs for the loss of revenue they would incur by possibly not being able to rent their homes.

A short-term vacation rental in the ordinance is defined as any home that is rented for fewer than 30 days, more than three times a year. Many of the homeowners are part- time residents that rent their homes while they are out of town.

More:Lawsuit filed: A legal challenge to Marco’s proposed short-term rental ordinance

More:Short-term rental issue remains noise for City Council

More:Who’s right? Who’s wrong? Two sides of the short-term rental debate

Hideaway Beach Tax And Bond Referendum

In other election news, the Hideaway Beach Tax And Bond Referendum passes with 93.6 (292) percent saying yes, for bonds and levy of tax in the special taxing district; 6.4 percent (20) opposed.

This levy will be for the ongoing beach renourishment project.