I think we can all agree that our Village has a unique environment that is an integral part of our lives and worth protecting.

When developments don’t or can’t follow the restrictions in place, the Village allows them to “mitigate.”

 I want to explain the concept of mitigation. Dictionary definition: “making something less severe, dangerous, painful, harsh, extensive, or damaging.”

Using mitigation as a land use tool is one of the most critical elements of our Comprehensive Plan and Land Development Regulations. Its purpose is to ensure development activity minimizes the negative impact on community character, the environment, traffic, and affordable housing in our Village.

So mitigation is intended to make development “less severe, dangerous, painful, harsh, extensive, or damaging.”

I believe mitigation regulations are outdated, insufficient and often have been ignored.  Too often mitigation in place is not achieving its intended purpose.

 

If required restrictions are not feasible, the developmental activity must include a mitigation plan to ensure a minimal impact to the community.

Examples:

Many owners/builders cut trees in a hammock property without a permit:

You can see numerous examples of this driving through town. Many hammocks are bulldozed, ignoring the habitat protection intended.

Some owners/builders do not get caught. Some do and get penalized…but is the penalty effective? What is the current penalty?

The penalty is often inconsequential to the wealthy property owner. It does not discourage the cutting down of hammocks thick with native trees when the property owner plans to build an estate home from setback line to setback line. The resulting fee may be a minuscule portion of the cost of the $10 million mansion being built.

inappropriate clearing is a regular occurrence in the Village.

Nuisance impacts on surrounding residential properties:

Restaurants and bars with outdoor seating are a perfect example.  Is limiting the seating, parking and hours of operation sufficient as a requirement to mitigate the harm to the neighbors?

Ask residents who live near a local brewery/restaurants. Mitigation is not reducing the noise.

Traffic: Islamorada is the ONLY government jurisdiction in Monroe County, that does not require the Level of Service (LOS) on U.S. 1 to be maintained at an acceptable level for each traffic segment within the jurisdiction.

WHY IS THIS?

In every other area of Monroe County when development adds more trips to any individual traffic segment within their jurisdiction and the County LOS Traffic Study shows the segment below the acceptable level of service, mitigation is required for new development. But not in the Village.

Currently the only County traffic segments that are not at an acceptable level are the traffic segments through Islamorada.  Yet Islamorada code allows our municipality to ignore the problem unless the entire county is below the accepted standard.

Affordable Housing:

When a development generates a need for additional workers, the developer must mitigate the demand for housing for the workforce created by the proposed development.

A majority of the developments approved by the Village pay an in-lieu fee intended to be used to help mitigate the workforce housing shortfall… instead of providing  housing for the new employees.  

 

The in-lieu fee for a new tourist business is $25/sq ft of the new business property.   

A 5000 sq ft business would therefore pay $125,000 to the Village to support housing projects to accommodate additional employees being adding to the workforce.

What would the $125,000 from a new 5000 sq ft business buy in Islamorada? Maybe a used mobile home.

 

“Mitigation” criteria is extremely critical. And perhaps totally out of date.

Comprehensive Plan Workshop  

There will be a presentation Wednesday April 29 at 5:30 PM at the Islamorada Community Center. The draft of the new Comprehensive Plan will be presented following 18 months of efforts by Able City East. 

Go over every issue. Do not let someone tell you that we are in a hurry because we should not be. It is better to get it right! Be thorough. We have waited 18 months for this document, and it must not be flawed when it becomes the new law.

Mitigation is just one issue, of hundreds, outlined in the proposed Comp Plan. Each issue will be critical in Islamorada’s future. 

Be a part of the process and ensure a bright future for our friends and families. Attend the workshop and participate!

This is our Constitution!

Residents! Pay attention!

 Yours,

Tom

Special Sessions are just beginning.  This week, Legislators are in Tallahassee  for the Special Session on redistricting, AI restrictions and “medical freedom.”

Lawmakers will convene on May 12 for a Budget Special Session since they were unable to finalize a state budget during the regular session. Recently the House and Senate have reached a deal on budget allocations. Of particular interest, during the regular session, neither chamber's draft budget honored the Legislature's 2023 commitment of at least $100 million a year for Florida Forever. The funds that were considered were for leases of conservation lands not purchases. A Homestead Property Tax Special Session is being considered. Governor DeSantis promises there will be a Special Session to consider a constitutional amendment to get rid of some or all homestead property taxes.

Didn’t the Council vote to have a monthly Council Meeting on the second Thursday of every month devoted to land use issues? Yes, it was approved and added as the very first sentence of the Village Meeting Procedures approved most recently via Resolution 24-11-133. The Council calendar in the website lists this Land Use meeting for 5:30 May 14.

But the May 14 Land Use meeting has been canceled. Five Land Use Public hearings will be on the May 12 regular Council meeting: A Major Conditional Use hearing (86550 Overseas Hwy), Two Administrative Relief hearings (113 Venetian Way and 148 Tequesta), A TDR Comp Plan change and an LDR change to TDR processing.   Land Use hearings are often squeezed into the Tuesday agenda.  The Council seems anxious to keep public hearings short with minimal discussion, often eliminating Thursday meetings. Land use issues are critical to the community and should not be rushed. See May 12 public notices

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 Wednesday - Public Workshop April 29, 5:30 PM.

Be there. Bring your ideas for a great tomorrow for our Village.

Around the Keys The County Commission will be discussing changes to the Traffic Level of Service  methodology on May 14. This countywide study is used by the Village, including  traffic segments on U.S. One through Islamorada.

A winter 2026 Grand Jury Report was released last Thursday citing continuing Key West staffing, code and oversight failures. The report calls for citizen oversight committees, tighter planning controls, and stricter enforcement to address inefficiencies and breakdowns in accountability. Click here for a media story. Last week in Key Largo, John Pennekamp Coral Reef State Park — billed as America’s first undersea park — broke ground on a new “Discovery Center & Aquarium” set to open in 2028. Florida Keys Aqueduct Authority will hold its first budget workshop May 5 to discuss the 2027 budget. Charlie Gray, the co-founder of Islamorada’s lobbying firm, GrayRobinson,  died last Wednesday at age 94.

A Special Islamorada Park: Anne’s Beach

The Plaque at the entrance to the Anne’s Beach Boardwalk tells just a bit of the story: “To Commemorate our Recognition of Anne Eaton who lived on this island for many years and dedicated herself to maintaining the beauty and serenity of these Keys. Anne helped bring this park to life”.  1995

Anne Eaton’s impact on our area and the entire Florida Keys made a huge difference as she worked endlessly, from her wheelchair, to ensure our environment was protected. She died in 1992 but many still remember Anne and try diligently to continue her mission. Read more about this remarkable lady: Click Here

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.