The Failure to Enforce Dooms Any Legislation

Our small community is rapidly approaching a point when it will be required to make some very hard decisions as to how to move forward. Some may think if the “Rental Registration Ordinance” is passed the issues will go away. Unfortunately, I can assure you it will not. For as with any other legislation, the passage is only the beginning.

A good example of that lies with the much-debated “Fertilizer Ordinance.” Yes, we put words to paper, but were we prepared to “enforce” that ordinance? Thousands of dollars and hundreds of hours were spent of taxpayers’ money to create that document. However, when that was done, proponents of the legislation patted themselves on the back and went about their business. Unfortunately for the community, we also went about our everyday business with little or no interest in seeing to it that “enforcement” of that piece of legislation was being done.

In March 2016, the Marco Island City Council passed a strict local ordinance dealing with the application of fertilizer for the community. The ordinance is quite specific in nature and encompasses the following:

• Do not apply fertilizer during the rainy season (June 1 – September 30) or when a weather event is predicted that will include heavy rainfall.

• Do not apply fertilizer to impervious surfaces (concrete, asphalt, pavers, etc.) or within 10 feet of a watercourse, lake, wetland or storm drain. Always use a spreader deflector shield when fertilizing.

• Do not apply phosphorus fertilizer unless a soil test has determined there is a deficiency of phosphorus.

• Fertilizers must contain no less than 50% slow-release nitrogen.

• Fertilizer may only be applied four times per year, and no more than four pounds of nitrogen may be applied per 1,000 square feet per year.

Here is what professional landscapers applying fertilizer need to know:

• All professional landscapers applying fertilizer on Marco Island need to register with the City.

• In order to register with Marco Island, landscapers need to take the Green Industries Best Management Practice (GI-BMP) course, which is offered by the Rookery Bay National Estuarine Research Reserve. Upon successful completion, landscapers may receive the Limited Commercial Fertilizer Applicator Certification (LCFAC) from the State.

• The LCFAC certification is valid for a four-year period from the date of issuance, in accordance with the State regulations for fertilizer applicators.

Guess what? When we recently checked on this, we discovered that the follow up is basically non-existent. Hundreds of landscapers prowl the island every day, and no one can tell you whether they have the proper licensing or even insurance.

There are those who pound their chests at every meeting and rail against big government, the same people that pass these ordinances. We have legislation that should help to protect our environment. God knows we spend tens of thousands of dollars on consultants who tell us how to clean up our waters, but then turn a deaf ear to funding the follow through that can accomplish the lofty goals we aspire to.

This is just one example of how we fail to follow through on enforcement once legislation has been passed. Enforcement is necessary to maintain the quality of life that we all wish to have here in our community. 

Unless we change our thought process, the passage of legislation dealing with short term rental problems, could also be in jeopardy. Current legislation prohibits parking on lawns and parking boat trailers in driveways. Yet three weeks ago, I was called by a homeowner who had no less than nine cars and trucks parked all over the lawn and driveway along with two marine craft trailers. The home was occupied by renters for three days.

When I asked whether they reported it, they told me they were frightened to do so. They did not want to identify themselves for fear of reprisal. I understand their apprehension, as they are both in their mid-80’s. 

We must come to some type of resolution on this issue. I would hope that if the referendum passes, we could make reasoned and intelligent adjustments to the wording in the seventeen-page document. The hope being that this could bring peace back to our community. 

Should the referendum fail due to confusion, it is hoped that both sides and the council would then create a new ordinance to provide for the safety of renters and the security of neighbors.

I’ve been here 36 years. I know we can accomplish this, for up until three years ago these issues did not exist.