I have often questioned why people that don’t live or pay taxes in the Village are sometimes key figures in making decisions that impact the lives and future of the residents of Islamorada.

An interesting discussion about this subject took place at last Tuesday’s Council meeting.

When the council was discussing the annual citizen advisory committee appointments, Mayor Horton asked if there is a requirement for members of committees to be registered voters in Islamorada.

Attorney John Quick looked up the Village code and confirmed that committee members must be residents while serving on committees, but are not required to be registered voters.

We also support the idea that people serving on our committees should be registered voters in the Village of Islamorada.  Amazingly, that has not been a requirement of those making decisions that affect our lives and pocketbooks for the past quarter century.

So why is this important?

Those that make decisions should have “a dog in the fight”, and live within the village that they will impact.

Now think about the Islamorada paid staff - they have even more impact than committee members!

I have worked in 9 different cities across this great land and have been involved in municipal and state governments in varying degrees for over 30 years (not counting Islamorada). Rarely have the administrative and government personnel in the aforementioned cities lived outside the city they served.

Why? Because they must live every day with the decisions made. That is the premise, and it has been successful.

Additionally, in order to qualify for the cost-of-living benefits that some of these cities provide, employees were usually required to reside there. The Village has no such requirement.

Let me say that I am familiar with many Village staff personnel and they are competent, knowledgeable, cordial partners but…….. of the approximately 130 staff members few are residents of Islamorada and not voters in the Village. Shouldn’t we expect a better mix of residents and non-residents for key positions?

Not all of the 130 may be likely to individually influence the members of Council but consider the staff members that are the head of critical, influential departments: Finance, Building, Planning, Human Resources, Clerk, Attorney, Wastewater and Public Works: How many of them are residents of Islamorada, let alone registered voters here?

Many department heads, at one time or another, stand at the microphone at Village Council meetings or attend Village Council briefing sessions and make important recommendations to council members, often influencing the vote of council.

Do members of council study the line items of a 130-page budget or do they just trust the finance department? I would venture to say that the latter applies.

Evaluation committees to rank proposals that result from competitive bidding are required to be made up of members of staff. Often the members of staff live outside the village.  This policy should be changed to allow knowledgeable experts to serve on selection committees.

On Tuesday’s agenda, staff committees ranked two critical RFPs – for the Machado Property and for Ride-share services. The staff recommendation was expected to be confirmed by council. Only the proposal of the top choice of the selection committee was provided to the Council as an option.

Too much power without some balance and scrutiny is harmful.

Recently an RFP was advertised to find a wastewater contractor to fix the long-time sewer leak problem at MM92, that is estimated to cost $7.5 million. (Perhaps we have mismanaged wastewater for decades)

The committee to evaluate the technical skills enumerated within the wastewater proposals, will be staff members who do not live in Islamorada, do not pay property taxes here and may not have any real wastewater expertise?

Is that smart governance?

Vice Mayor Mahoney did suggest that the council needs to see more than just the proposals ranked first by staff. We agree.

Examples:

• Able City East was selected to do our Comp plan update after their presentation to the Council even though staff did not rank them #1.

• Our auditors were picked after being ranked by a selection committee made up of residents with significant financial backgrounds.

Do we need more than staff members living outside the village making important recommendations to council on highly technical issues? You bet we do.

Balance makes common sense.

Of all those impacting our policies and our budget, the members of council are currently the only ones that are required to be registered voters as well as residents. Therefore they have to answer to the taxpayers and residents come election day.

It is the members of council that need to assure that important contracts and contractors and all critical decisions are carefully considered before obligating constituents to the recommendations of folks who don’t live here or pay taxes here.

Isn’t that what Mayor Horton was trying to express when concerned about committee members that may not vote here?

We think he fell short of the real mark. Go a step further, balance staff recommendations with input from residents.

I submit that there are residents with expertise in wastewater and many of the technical issues that are decided by staff. We, the people, want to help make important decisions that affect our lives and environment.

Balance is key.

Use some creative measures to get qualified residents and Islamorada voters involved.

It’s your move council.

Elections have consequences.

Yours,

Tom

Lasting over 5 1/2 hours with just two members of the public sticking it out until the very end. Lesson learned - two shorter meetings are far better than just one meeting. Meetings require thorough questioning and discussion. They should be “democracy at work.”

Reports of interest (no public comment): FKAA Water pipeline status update - current project - all pipeline now in the ground. Next connecting the new pipe to the existing pipe at 6 distribution points from Snake Creek to the north end of project in Tavernier.   And paving U.S. One and damaged portions of Old Highway. Plates and Plans update: 15 -20 participants discussing ideas, asking questions a success.  Next similar workshop/open house expected the end of June Citizen Advisory Committee Appointments: Those appointed should be added to the Village website soon. Congratulations. An opening remains for Parks and Rec. Village Charter Review Committee recommendations: Ordinances required for Council Approval will be in June (1st reading) and July (2nd reading) agendas. Mayor and Council Discussion(no public comment expected): Tom Brzezinski, Wade Trim, Village contract engineer, provided an in depth  wastewater report regarding fix for ongoing sewerage leaks at MM92, cost - $7.5 million, up from the $4.1 previously estimated. Anglers Reef Right of Way Parking discussion - Village Manager signed a License and Use agreement between Village and Anglers Reef to allow the property owners association to obtain a permit to create public, non-exclusive parking on Village owned Right of Way adjoining their property on Windley Key, at homeowners’ expense, with their cost limited to $25,000.  The Council has confirmed the village will not contribute to the cost. General Public Comment - heard at 8 PM, 2 hours and 30 minutes into the 5:30 meeting. This is the time for the public to discuss items not on the agenda.  And guess what?  It was baseball at Founders Park that was not on the agenda but on the minds of the public. More details below Consent Agenda, 8 items to approved without Council discussion, including a contract with FDOT for Village to mow, pick up litter and trim trees monthly on both sides of U.S. One Right of Way for a total cost of $75,644 or $6,304/month for 18 miles of right of way.  Sounds like a great deal - for FDOT, not Islamorada. Resolutions: Expanded and improved Boat Ramp and marina parking at Founders Park: First step - Council approved a conceptual design agreement - $53.7K. Vice Mayor Mahoney has worked with TDC on a $750,000 grant to fund the marina improvements. “Machado Property” consideration of 99-year ground lease for developer to provide multi-family rental units - both proposals received were rejected by Council in a 4-1 vote. Read more below. Public Hearings: Purchasing Ordinance passed on 1st reading increases the manager’s right to approve purchases without council approval from $25,000 to $50,000. Also changes the purchase ordinance to increase threshold for requiring competitive bidding from $25,000 to $50,000. TDR banking ordinance - deferred Administrative Relief for 125 Mockingbird Road - approved 5-0 Administrative Relief for 113 Venetian Way - approved 5-0 Administrative Relief for 148 Tequesta Street - approved 5-0 Major Conditional Use - Transfer Station/Recycling Center - 86550 Overseas Highway; will resolve a major code violation as part of agreement - approved 5-0 ACTIONS AND POLICIES STATUS REPORT - OPEN ITEMS Vice Mayor requested the format from prior status reports be restored to improve content and format. Prior report from last year Current report

But it did come up during general public comment. The public learned from Coach Tony Hammon that negotiations going on behind the scenes are very close to an agreement to only provide a new surface for the field for the 2027 baseball season. Hammon urged the Village to continue negotiating.

Perhaps the real issue is not the design of the facility or construction on the field. Both the Council and School Board say they want the best for the kids playing there.  

ILA: The Village signed a 2024 Interlocal Agreement (ILA) with the School Board to allow the high school baseball team to use the field at Founders Park, long term, with the School Board paying the costs to build and renovate the facility. Remember, it is still taxpayers here that contribute financially to both the Village and the School Board with their property taxes every year.

Use Agreement: As part of the ILA, the Village Manager is given the right to negotiate an annual “Use Agreement” based on the team schedule each year.

License Agreement: What is missing is the “License” part of the agreement yet to be negotiated that spells out more of the details as to design, repairs, maintenance, and replacement costs, insurance and just how the School Board (major source of funding) and Village (property owner) interact on decision-making.  Should have been step 2, after the ILA was signed.  

It may make sense to break the baseball field project into parts - first replacing the field surface so it is safe with behind the scene negotiations apparently close, though “behind the scenes” is always troublesome in a state with strong transparency laws.

The license agreement seems to be the real deadlock. And no matter what, the license agreement must be approved first to assure it is absolutely clear who is responsible for what.

The Council would like to sit in a joint public meeting with the School Board to work out the details.  The School Board refuses.

Here comes the stinky seaweed. Communities all over South Florida are bracing for another record-breaking sargassum season, with the smelly brown seaweed already piling up along our shorelines.  Economists warn it could result in huge lost tourism dollars.   For now, the closest thing available to predict where sargassum is going is a new tool from the National Oceanic and Atmospheric Administration that estimates the likelihood of sargassum inundation along coastlines each day. Click here

The Village purchased the “Machado Property” at about MM88.6 bayside in 2021 and it has been sitting vacant ever since.  In January the Village advertised for proposals to find a developer to enter a 99-year lease with the Village and build and manager 16 affordable housing units at the site.   And then May 12 the Council rejected both proposals received with a vote of 4-1, Council member Deb Gillis dissenting. Was the Council concerned about compatibility with the neighboring community? Protection of the tropical hardwood hammock on the property? The Council comments and the comments from the public demonstrated there are more questions than answers regarding workforce housing and exactly what is needed in Islamorada.   Buses run continually throughout the day transporting the workforce to and from the mainland.  Given the opportunity, would those workers move to Islamorada? With the high cost of land and construction, what options are available?  The Machado  property cost the Village $1.8 million. The recommendation from staff last Tuesday was to give a huge for profit corporation the land with a 99-year ground lease for 16 units of affordable housing - free of charge, a $112,500/unit gift. Is there a better way to subsidize affordable housing?  We have a first-time homeowner program that provides buyers with a $10,000 down payment subsidy - significantly less than the $112,500/unit we were geared up to provide an out of town for profit corporation. Since incorporation 25 years ago, the Village has approved approximately 140 deed restricted affordable homes - some rentals, some home ownership.  Others are in the works - all rentals, mostly 1 bedroom rentals. The Council decided to put on the brakes and figure out how Islamorada can best address workforce housing.  Another study coming up.

The Village delayed the rideshare decision until their June meeting.

A workshop is to be held next week so that the two companies competing for the contract can make public presentations.

Graduating Seniors receive recognition for their efforts as members of the Islamorada Youth Council. Thank you students!

There will be a great variety of camps at Founders Park available to the younger children in the Village, including summer recreation camp, tennis, synchronized swimming, swim and dive combo.   Many of the older students will be helping as junior counselors.

With Summer Camp starting June 1, fingers are crossed that all facilities will be available for the opening of camp.

June 1 Challenges at Park beach health warning Playground being moved Pool  construction site

There are things that happen regarding Village Council meetings that don’t add up. We seem to get a monthly dose of that.

Do they think we don’t pay attention?

With the Thursday Council Meeting mysteriously canceled, the Tuesday agenda grew to 603 pages.

Anyone who has not taken the “Evelyn Wood speed reading course” will not be able to read and digest the 603 pages of information that are germane to the meeting and the decisions that will be made.

The day before a Council meeting, a majority of the council members attend a briefing with staff. This is so they can ask questions before they vote on the issues.

This also eliminates discussions at public meetings since council members now know how to vote.

Is this a benefit to the public? If the goal is to shorten meetings, then, I guess, this is a success.

If the goal is for the public to be informed as to what influenced the council members votes, then it is a dismal failure.

Have you noticed that at most meetings lately the Council seems to whisk through meetings at breakneck speed, with virtually no questions and little discussion? It appears they came knowing how to vote due to their individual personal staff briefings.

Why not share these briefings with their adoring public?

It appears that  public comment gets to be  a nuisance, ruining council/staff plan for shorter meetings.  No need to provide the public with details or justification for their decisions, just speed things up.

Disrespectful and a violation of their oath.

Much on the agenda has no requirement for public comment – various reports along with Council, Manager and Attorney discussions.

This is often followed by a simple “thumbs up” to give staff their “direction” for future efforts. No official vote?  No comments from the public.

These “thumbs up” requests are often providing the go ahead for major future efforts, with the public having no right to speak or hear why council supports the issue.

Doesn’t the Village Attorney know that our charter, Section 5, (8) item c says – “All actions of the village council shall be by ordinance, resolution, or motion.”

No mention of “thumbs up” as to council directions in the Village Charter, our Bible.

The Council, Village Manager and Village Attorney all seem confused. We are required to have a public meetings for decision-making.

How often does the Village Manager take action because a majority of council said “okay” when polled by phone in between meetings?

Last week we pointed out some of the actions taken without a vote (not even a thumbs up?) at a public meeting:

• Negotiating the baseball agreement;

• Approving a license agreement for parking at Anglers Reef.   

These are important issues to the residents of Islamorada.

Speak to us.

In Florida we have the “Sunshine Law.”

What is this sacred law supposed to do? It is intended to empower the Public.

The ultimate goal of a “Sunshine Law” is to ensure government accountability and transparency.  This is to prevent backroom deals and “side conversations” initiated by  members.

“Sunshine” is meant to empower citizens so they can be informed participants in their own governance.

Is it really working as intended here?  We don’t think so.

Section 286.011, F.S., provides that no resolution, rule, regulation or formal action shall be considered binding except as taken or made at an open meeting.

We need to trust that our own government adheres to Florida Law.

Regarding the cancellation of the Thursday’s village meeting, we are guided by the Village Council Meeting Procedures, which states:

“The Village Council has complete discretion and flexibility …. to hold regular meetings at other dates, times or locations, or to cancel or reschedule any meetings.”

And all decisions made by council are to be made by majority vote at a public meeting by motion, resolution, or ordinance.

Thursday’s cancellation does not appear to follow the legal requirements – and is certainly not in any way logical.

We were inflicted with a lengthy 603 page agenda. Now it will be dealt with in one meeting, instead of two.

To read and digest 603 pages in two meetings was an impossible task. To do it in one meeting is an insult to our intelligence.

 It encourages both the council and the public to skip over important facts, figures and decisions to hurry to get home before midnight. 

Council: be professional, and show us some respect.

We residents have common sense and we know when we are being played. We put you there to serve, not to ignore us.

As I have said so many times: Elections have consequences.

Yours,

Tom

Need a summary of important stuff?

Reports of interest (no public comment required): FKAA Water pipeline status update; Plates and Plans update Citizen Advisory Committee Appointments: 24 openings, 18 existing committee members have applied to continue serving, 10 new applicants for various committees   Village Charter Review Committee recommendations: Need direction from council regarding the recommendations so two public hearings can be scheduled before the July 24 deadline for submission to the Supervisor of elections. Citizen Advisory Committee updates(no public comment expected): Parks & Recreation Land Acquisition Near Shore Water   Mayor and Council Discussion(no public comment expected): Wade Trim wastewater engineer’s report; Anglers Reef Right of Way Parking discussion Consent Agenda, 8 items to approve without Council discussion, one chance for public to comment on any of the items. An interesting item on the consent agenda is US One Right of Way Maintenance: Village agreement to have village continue to provide monthly litter removal, mowing and tree trimming on FDOT US One Right of Way for $75,644/year. See details later in this newsletter. Resolutions: Expanded and improved Boat Ramp at Founders Park: First step - a conceptual design approval - $30K. Note that many boats and trailers use the parking area - no current income for this storage indicated in the Marina budget. New revenue potential? “Machado Property” Recommendation: Consideration of 99-year ground lease for developer to provide multi-family rental units, majority being 1 bedroom apartments.  (See more details later in this newsletter.) Rideshare recommendation: Council scheduled to select rideshare provider based on two proposals responding to the Village request for proposals. (See more details later in this newsletter.) Wastewater Parts Purchases Fireboat grant approval BPAS allocations - we think there are 39 market rate applicants still waiting.  Data in  tabs for market rate and nonresidential allocation awards is not understandable. Public Hearings: Purchasing Ordinance: increases the manager’s right to approve purchases without council approval from $25,000 to $50,000. No swim zone within marina waters TDR banking ordinance - 1st readings Comp Plan and LDRs - Approved by LPA. Administrative Relief for 125 Mockingbird Road Administrative Relief for 113 Venetian Way Administrative Relief for 148 Tequesta Street Major Conditional Use - Transfer Station/Recycling Center - 86550 Overseas Highway; Will a major code violation be addressed before the major conditional use is finalized? ACTIONS AND POLICIES STATUS REPORT - OPEN ITEMS Council members and public continue to question this report - formatm acuracy and completeness. Example - Baseball agreement entry: Discussions with School Board are ongoing..