The most important duty any government has is to ensure the safety of its residents.

Last Saturday morning, a major explosion at the Storm Distillery in downtown Inverness, FL caused a structure fire that injured three people and damaged nearby businesses. The Courthouse Square area of town was shut down for hours.   Let’s think back to December 6, 2022, the Village Council voted 3-2 to approve a major conditional use to convert a bank into the Crooked Palm Cabana Brewery & Distillery. Thankfully only one of the Council members who voted to approve this still remains on council.    Several months of meetings and debates had already debated this project.  There were many concerns, as to density, proximity of a bar/distillery to two schools, two churches, a residential neighborhood heavily populated with families with young children.   Other critical concerns: 1.  There are seven affordable housing units on the second floor of the Crooked Palm Distillery. This is a key concern. Their safety is protected by the provisions of the Federal Alcoholic Administrative Act, Title 27 USC 19.52 which states that “a distilled spirits facility cannot be located in a structure connected to a residence.” The Village Attorney instructed council that the Village does not consider State and Federal regulations when determining whether a project adheres to legal requirements, only Village regulations. The attorney defended the Village’s right to  ignore Federal provisions and leave it up to the Federal government to regulate their own rules.  I do not agree with the opinion of our Village Attorney. And neither Key West Attorney David Paul Horan, who practiced law in the Keys for 50 years and testified that Federal law must prevail. The Village should absolutely assure state and Federal compliance. Throughout the Comp Plan and land development regulations we see the words “must comply with all local, county, state and Federal regulations” In fact between the Village Comp Plan and the LDRs there are 143 references to Federal regulation. Do these Federal Regulations apply? Of course they do.    Distilleries require unique licenses. They have specific regulations at the state and Federal level for a reason. Regulations pertaining to a distillery assure public safety. Distilleries also impact water supply - with extreme water consumption and more intense wastewater treatment.   Another critical issue - In Village Center zoning, where the distillery is located, there is a long and thorough list of legal uses - 76 in fact! Distillery or craft distillery is not one of the legal uses in Village Center or any other Village zoning classification.  Why wasn’t this noted by Council, Attorney and staff?   We don’t know if Crooked Palm Distillery actually distills but it has been approved by the Village to do so. The point is it was mistakenly approved.   There is also a Distillery (same owner) located on Upper Matecumbe. The Village never had a public hearing to have the distilling approved as a use there. Why not? Anyone paying attention?  Another inside job?   While issues of life and safety were not addressed by the Council when approving the Crooked Palm Distillery when they voted 3-2 to approve at 11:30 PM December 6, 2022, other concerns voiced were and 19 conditions were approved to assure the Crooked Palm Cabana would not be a detriment to the neighborhood:  landscape requirements, hours of operation, noise limitations, outdoor seating and other conditions were imposed. In 2025, the current Village Council removed six of the conditions that perhaps promoted some “good neighborly behavior.” We were told that the Crooked Palm Distillery was not making a profit under these conditions and needed them removed. Is ensuring profitability a factor in imposing or removing conditions placed on any establishment in order to protect the public good? Of course not. Makes no sense and sets horrible precedents. Since the removal of the conditions, neighbors complain that the noise has increased with the increase in outdoor events.“This weekend was the first time that it wasn’t keys music. It was EDM and loud DJ music.  I was disappointed ... it’s going in the wrong direction.” So much for the residents’ quality of life, not to mention traffic and parking problems. In summary: To ignore Federal and local statues imposed to ensure the safety and lifestyle of the residents is unacceptable and illegal. This puts Village government in a precarious position. I question why these bad decisions were made and ask for their immediate review. Those responsible should be reminded that helping their friends should not supersede their sworn duties to the Village and its residents. If that clouds their vision, they should leave their position of trust. Residents! Pay attention!    Yours, Tom

At the Storm Distillery scene. Right: checking debris and part of the still that exploded. Click here for news story

They are making five recommendations for the Village Council to consider.

Any of the recommendations the council approves will be placed on the November ballot for the registered voters to consider.

1. Three-year staggered terms with a three-term limit

2. Increase Council salary and benefits: Salary increased from $1000/month to $1500/month plus an annual cost of living adjustments

3. Postponement of agenda items: Except for quasi-judicial hearing agenda items, once an item is placed on a published agenda, it shall not be postponed except for good cause by the village staff or majority vote of the Council.

4. Council vacancies: a vacancy on council equal or greater than 50 percent of the term, the remaining councilmembers shall:

• Hold a special election to elect a person to fill the vacancy for the remainder of the unexpired term; and

• Within 30 days following the occurrence of such vacancy, by majority vote, appoint a person to fill the vacancy until a replacement is elected.

1. Super-majority voting: The affirmative vote of at least four (4) members of the Village Council shall be required for the approval of the following matters:

• Conveyance of fee simple ownership of real property owned by the Village;

• Acquisition of fee simple ownership of real property by the Village; and

• Comprehensive plan future land use map amendment, rezoning or change in use of conservation or public/semi-public properties currently owned by the Village, to a use that is something other than recreation, conservation, or park use.

A successful Community Planning Conversation, though a little disappointing that there were not more residents taking advantage of this opportunity to talk one on one with staff members.

Staff members welcoming questions, comments and suggestions: Director of Planning, Jennifer DeBoisbriand, Biologist Daniel Parabok, Chief Building Official, Shiela Denoncourt, and Senior Code Compliance Officer Paul Minning. Also attending, Village Manager Ron Saunders who indicated he heard several ideas he’d like to see facilitated:

• Improving transparency by providing links to all pending planning projects starting when applications are first submitted and

• Creating a process to verify site plans are accurate for what exists at business properties.

The Village is expected to provide a list of the issues discussed by the public and staff   at the open house.

It is expected that the open houses will be a regular thing in the future.  We hope other departments will also do this - Finance, Wastewater, Parks and Rec, Public Works.  

Thank you, staff members, for this opportunity to allow community members to engage in worthwhile conversations with you.  Everyone seemed to benefit.

The latest draft from Able City East was received on March 11 and is available on the Village website. Click here. If you care about the future of the Village, get involved.

Coming Soon - Public Workshop is scheduled for April 29, 5:30 PM. Be there.

You can submit recommendations to the Village in advance or at the workshop.

Baseball: It appears the School Board is now planning to abandon the upgrades to the Founders Park field for the 2027 season, perhaps waiting for the Village to give in.

Rideshare: Just two proposals received. The staff evaluation committee will meet at 1 PM April 27 to rank the proposals.  Public is invited, 3rd floor conference room.

Peter Freeza Congratulations Peter Freeza on a top 10 finish, 7-Mile Bridge Race! With continual headwinds of 15 to 20 MPH, the Seven Mile Bridge race on April 11, 2026, was tougher than usual this year.  Of the 1501 starters, 1446 finished.  Village Environmental Resources Manager, Peter Freeza finished 9th: his time 45:21 just minutes behind the overall winner and at 51 years of age Freeza was named the Top Grand Master Male! We found it interesting that in almost all age categories there were more female finishers than male! in total there were over 400 more female finishers according to our calculations!

Besides Freeza there were several other familiar Village names who finished the race: Alyssa Panzer, Village Grant Coordinator; Kate DeLoach, Village lobbyist; Robert Mather, former Village engineer.  Congratulations one and all.

I want to forewarn you that this editorial runs a bit long but is well worth reading.

 

Former Village Manager Ted Yates filed a lawsuit against the village in May of 2024. His lawsuit claims he was “terminated” July 6, 2023 and is entitled to severance pay and other remuneration for being “terminated without cause.”

 Last week the Village scheduled an executive session to discuss litigation strategy for the lawsuit. This is the third strategy session since the lawsuit was filed by Yates in May of 2024.

 

Here are the facts:

 

Former Manager Yates was not “terminated” as his lawsuit claims.  On July 17, 2023, the Village Council voted not to “renew” the contract which then expired on August 1st, 2023 at the end of its initial term. There’s a big difference between expiring and “wrongful termination.”

 

Yates was present at all Village Council meetings until the end of July 2024. He was seen on camera, in his manager’s seat, including Thursday, July 27, the very last meeting prior to the expiration of his contract. August 1st was the following Monday. 

 

The lawsuit erroneously claims Yates was “terminated” on July 6^th.  Yates’ filings also state as “undisputed fact” that the Village therefore prevented him from finishing the initial term of his contract by 24 days.  That is demonstrably wrong. 

 

The July 27 video of a Council meeting, with Yates sitting next to Attorney John Quick is worth a thousand words.

 

 I believe the Village should have filed a simple motion for summary judgment over a year and half ago to end the case.

 

Many experts feel the Village would have prevailed and the lawsuit would have been dismissed in favor of the Village.  Instead, we continued to push this down the road and head to trial at the expense of taxpayers.

 

While I understand that there are no guarantees, wouldn’t our lawyers and officials at least try to cut off the lawyers’ hours and expenses at the earliest possible moment – that is, just two or three months after the filing of the lawsuit that is based on public meetings and a written document? 

 

It is approaching 3 years since the Yates contract ended and was not renewed.

 

I ask, not the first time, who is managing the lawyers and the nearly $1million in legal costs we pay each year?

 

The answer: The Village Manager, our General Counsel (GC), under the auspices of the Village Council, appears to supervise himself.

 

Is it a conflict to have Weiss Serota representing the Village and overseeing the insurance litigator who is another Weiss Serota attorney?  Our GC should not have a possible self-interest by overseeing an attorney from his own firm. It gives a poor appearance and creates a possible conflict.

 

Perhaps they’re content that the Village has reached the $100,000 threshold and no longer has the litigation bills covered by insurance.

 

I have long held that the Village should employ their own in-house general counsel (GC) instead of contracting with Weiss Serota or any other firm.

 

Our current GC has expertise in municipal government and has served us well in this area. I submit that it is time to take back control of our own destiny with a lawyer totally responsible to the Council and residents.

 

I spent almost 40 years dealing with litigations of all types – both criminal and civil – and lawyers of all shapes and sizes.

 

My take:

Not all lawyers have the same expertise. 

The cheapest per hour is not always the cheapest overall. 

Certainly, the one monitoring expenses should not also benefit from a higher bill.

 

But after racking up legal expenses, the Village may now want to sweep it away – once again not complying with the legal requirements for a closed-door executive session held on April 7.

 

The Village attorney must advise the entity at a public meeting that he desires advice concerning the litigation. F.S. 286.011 (8) (a).

 

At 4 pm last Tuesday, April 7, the Village had an unnoticed “public” meeting. At that meeting the attorney advised that he wished to hold an executive meeting as soon as possible after 4 pm April 7 as required by F.S. 286.011 (a).

 

The litigation strategy meeting according to F.S. 286.011 (d) shall commence at an open meeting at which the persons chairing the meeting shall announce the commencement of the litigation strategy session.

 

The Village noticed the litigation strategy meeting but not the public meeting at 4 pm. But then it seems rules are made to be broken here in the Village.

 

The Village insurance company has informed the Village that we have reached our $100,000 aggregate cost limit for this Yates litigation combined with a Mark Gregg lawsuit. We, the taxpayers, will have to deal with any future litigation costs. See email from insurance company. 

 

And in an odd move, which only heightens my concerns for lack of transparency – the Village contends that the insurance policy that had previously paid to defend these two lawsuits had to be redacted before it could be produced due to confidential information. 

 

A Village insurance policy with confidential information?  Really? Never heard of this procedure unless it contains Secret or Top Secret information. We paid for this insurance, where is the contract?

 

We remain in the dark as to whether the lawsuit will be settled now that the funds are depleted and it is on our dime.  The Yates trial is currently scheduled to begin May 7.

 

My view: The Village should not settle with Yates – they should go to court.  Yates should pay Village legal costs if the Village prevails as expected.

 

This borders on a frivolous lawsuit.

Yours, Tom

Baseball Field Drop Dead Date: According to the Monroe County School District, if there were no License and Use Agreement signed by all parties by April 7, there would be no planned upgrades to the  baseball field at Founders Park for the 2027 baseball season. Both Islamorada Council and the Monroe County School Board met separately on April 7.

Neither group discussed the baseball field at the April 7 public meetings.  There is an April 21 School Board meeting at Coral Shores. Perhaps the School Board will discuss it then.  The next regularly scheduled Village Council meeting is May 12. Many wonder if the involved elected officials are talking behind closed doors to reach an agreement without public involvement.

Date: April 15, 2026 Time: 11 - 2 Where:  Community Center What: Light lunch provided  all welcome Don’t forget!  Plates & Plans: Community Planning Conversation. Mark your calendar for lunch with Village Planners - talk directly with them about what matters to you. No presentations. Whether you have specific concerns, ideas for improvement, or simply want to stay informed about local planning initiatives, this is an opportunity to engage directly with staff members.

According to Director of Planning, Jennifer DeBoisbriand, if this gathering is a success, they may do this as often as monthly in the future. She indicated that in addition to planners, there will also be representative of Code Enforcement and the Building Department at the Wednesday open house.

If you are not able to attend - reply to this newsletter with your questions.  Maybe we can help you get answers.

At the TDC meeting on April 9, they allocated funds from the prior year's unappropriated fund balance toward special public facilities projects that enhance Monroe County parks and public spaces. Funding approved totalled $9,732,655 across all five districts.  

According to the TDC “These investments support initiatives that elevate the visitor experience while enriching the daily lives of local residents, ensuring Monroe County's parks and public assets remain vibrant, accessible, and sustainable for all.”

For District IV, and the Village, $750,000 has been allocated for Founders Park for serving residents and visitors with waterfront access and facilities.

A huge thank you to the TDC for this special public facilities program that will help Islamorada fund important marina improvements promoted by Vice Mayor Sharon Mahoney to help local boaters, fishing guides and Islamorada visitors… and now no taxpayer funds required!  

Thank you Sharon for working with the community to make Islamorada a better place for everyone.

Click here to see all of the countywide projects approved by the TDC last week.