And a parent and an Islamorada resident and taxpayer.

In a case that typifies the cronyism this village continues to apply to their decisions: At last week’s Council meeting, there was an appeal filed by prior Councilman Mark Gregg.

Gregg challenged the determination by the Village that a home he owns across from Founders Park is a single-family home.

He contends it is a duplex. 

Nearly 10 years ago, he appealed the original decision of the Planning Department.

The council, at that time, agreed with the Planning staff and voted 3-2 denying Gregg’s claim the home was a duplex.

Deb Gillis was on that council and voted against the majority, siding with Gregg that the home should be classified as a duplex. 

At that prior hearing, Don Horton, current council member, represented Gregg.

Now years later, Gregg filed a new request and asked the current Planning Director to revisit the prior decision of Council because of new information.

What was the new information???

Village Planning Director, Jennifer DeBoisbriand, rejected the request stating there was not sufficient new information to warrant a change in the decision. 

Gregg appealed DeBoisbriand’s decision to the council and requested a Public Hearing before Council. That appeal was heard last Thursday.

The Village Attorney, in order to avoid the appearance of impropriety, suggested Councilman Don Horton should recuse himself. Horton did and left the room.  

Horton has had a long-standing business relationship with Gregg having previously represented Gregg in the original appeal a decade ago.

Horton’s resume was included in the agenda as an expert at the previous hearing.   The 5-page document (attached) described Horton’s qualifications and personal construction background,  first as a Building Department employee with the County, the Village, and then in private practice.

It is public record.

Unfortunately, this type of conflict will arise again for several current council members who will be voting on development issues… issues pertaining to current and former clients continues to be a concern.

Two people testified during Gregg’s public hearing last Thursday, stating, under oath, that they had been in the house in question prior to Gregg’s 2015 purchase. 

Both provided sworn testimony that the structure was a single-family home.

Gregg acknowledged that he continued the multi-family use of the house, though losing the prior case, and that he only paid wastewater, stormwater and solid waste assessments for one unit and only had a single water and electric hook-up, and one address.

No matter.

The council voted 3-1, with Vice Mayor Mahoney opposed, to overturn the prior decision and the recommendation of our current planning director.

They voted to accept Gregg’s word that the home has always been a legal duplex.  

I ask again, what was the new information that warranted this reversal?

In exchange for the favorable decision, Gregg agreed to numerous conditions being placed on the property – no TDRs to be transferred, no increase in the footprint of the home, no second floor, no vacation rentals.

But do conditions like this matter? Does Gregg have something else up his sleeve?

When the Crooked Palms Distillery’s use was changed from a bank to a distillery,   there were 20 conditions required after lengthy negotiations by the prior Council.

Less than a year later, the current Council removed all of the conditions.

Why??

Crickets…

It is because of these types of decisions that residents question the council members’ ability to apply rules to their friends and business associates. Is it a logical concern?

Elections have consequences.

Tom