Help us preserve Islamorada

DONATE TO THE ICA


Menu
Log in


Islamorada Community alliance

Advocacy For Residents, Education and Preservation



April 29 Village Council Meeting Results, Comments, Opinions

Mote Marine Proclamation

Mayor Buddy Pinder read a proclamation announcing that May 10 will be Mote Marine Laboratory Coral Restoration Day in Islamorada. Dr. Crosby, from Mote, discussed the organizations efforts. Coral reefs around the world are declining because of increasing temperatures and ocean acidification, coral disease, pollution, as well as stress from fishing and diving.

Florida’s Coral Reef provides a huge economic impact, attracting visitors, protecting coastlines from major storms and supporting diverse life including our fisheries. However, Florida’s Coral Reef has lost all but 2% of its living coral cover in recent decades and is struggling to survive amid growing pressures.

Dr. Crosby reported that Mote Marine Laboratory scientists have restored 118,000 corals to Florida’s Coral Reef and are experiencing a 90% success rate.

Mote was honored to establish a partnership with Bud n’ Mary’s Marina to bring the first science-based coral nursery for restoration to Islamorada. The facility will fill a critical gap in reef restoration coverage, allowing Mote to target restoration sites at Cheeca Rocks, in a partnership overseen by the National Oceanic and Atmospheric Administration that includes Mote and complements Mote’s own major restoration strategy. Islamorada Conservation and Restoration Education (I.Care) will work with citizen divers to help outplant and monitor Mote-supplied coral fragments onto Islamorada’s reefs.

COVID-19 Update

Bob Eadie, Monroe County Health Department Administrator, gave an encouraging update on the favorable trends locally, while encouraging continued masks and social distancing.

When asked about specific events he thought a Memorial Day event at the Hurricane Monument would be fine (with masks and social distancing) and likewise a scaled down 4th of July event at Founders Park put on by the Rotary should be ok.

 

Tab 1 – Marina Office Options – the staff presented two options

  • 1.     Cancel the modular building that had been approved more than two years ago and instead design and build a CBS building expected to better compliment the architecture at the park and would require less maintenance costs in the long run, although estimated to cost about $20,000 more for a 600 sq ft building.
  • 2.     Stick with the modular building and bring back a resolution at the next meeting to approve the updated cost for the 600 sq ft modular marina office already on order. Most recent estimate for the modular building was $187,070 plus $25,000 in other costs.

Factors besides cost were discussed including the urgency of replacing the structure that is currently in use and beyond repair. The modular building could be in place by the end of July while a new design/build would take significantly longer and would necessitate renting a suitable alternative until complete.

The vote was 3-2 with Rosenthal and Gregg preferring the CBS structure.   

Citizen Advisory Committee Updates

Dog Park improvements: Carolyn Wightman gave an update from the last Parks and Rec Committee meeting. She announced that the Village is planning to upgrade the Dog Park and will be applying to the TDC to get funding for this project, expected to cost more than $200,000.

ICE Contract: The committee reviewed the Islamorada Community Entertainment (ICE) contract extension, a 15-year contract due to expire this year. The extension would allow ICE to continue to oversee entertainment venues at the park. The committee found no reason to object.

Surprise Replacement By Councilman Mark Gregg: In a surprise move, leaving the some folks confused, Mark Gregg appointed Elizabeth Jolin to a seat on the Nearshore Water Committee, replacing the Chairman of the Committee, John Timura. Not only was this a surprise to the audience, it was a surprise to Chair Timura who was not notified in advance that he was being replaced.

Local Planning Agency (LPA) and Historic Preservation Commission appointments are dictated by the Village code. Other committees are established and rules determined through resolutions of the Village Council. It has been the practice of the Village that citizen committee appointments are made by Village Council members at a regularly scheduled council meeting in May of each year. Members are reappointed or replaced at that time. Most May appointments are for a term of one year, though the Historic Preservation Commission (HPC) members serve staggered three-year terms. Appointments and replacements may also be made at any Regular Village Council meeting throughout the year; appointments made during the year are for the remainder of the term ending in May.

On July 30, 2015, the Village Council unanimously approved a motion which allowed for one member of each Village established Citizens’ Advisory Committee and the HPC to serve as a voting member of the LPA. The action was formalized with the adoption of Ordinance 15-10, though the Village has not always adhered to this requirement..

Tab 2 – Annual Review of advisory committees

Interesting discussion by Councilmen Webb, Gregg and Rosenthal. Gregg and Webb both complimented those serving, suggesting that the citizens put in significant effort and the Council needs their ideas and assistance. Gregg suggested each committee could have a member of council more closely involved for support, and communication, perhaps having a member of council attend their meetings. Too often committees make recommendations without any council follow-up.

Rosenthal was concerned about the general accessibility of meetings and agendas to the public.  Committees are a way to get more members of the public involved in government. He questioned whether the public is able to easily find instructions for attending meetings (Zoom particularly) as well as having access to agendas. The clerk indicated the public can attend zoom committee meetings but other than LPA agendas, committee agendas are not typically available to the public. 

The Council directed the staff to provide the regulations in place for committees so they could review and update them if deemed advantageous.

Tab 3 – minutes of previous Council meeting – part of the consent agenda. The “consent agenda” groups the routine, procedural, informational and self-explanatory non-controversial items together: items that the staff believes do not require council discussion.

Councilman Rosenthal again commented about his concern about the consent agenda – having previously gotten no support for the idea of reading each title of items in the consent agenda before passing it. He believed it would help people watching on TV who have not accessed the agenda to understand what is being approved without discussion. The rest of the Council did not think it is worth the time it would take to read each item, though typically there are only one or two items in the consent agenda. 

We agree with Rosenthal. It only would take a minute or two to read the titles of each item in the consent agenda before the motion to pass.

Passed 5-0.

Tab 4 – Boy Scouts rezoning – quasi-judicial

This was the first reading of an ordinance to change the zoning of a property owned by the Boy Scouts at the Sea Base on Lower Matecumbe. The property is zoned R1, single family residential. The Scouts requested the zoning be changed to R2, so they can build a duplex on the lot to provide smaller housing for employees. It adjoins four single homes built for employees but find that some employees do not have families requiring the larger homes. 

Councilman Rosenthal pointed out that the R1 zoning would allow for 4 deed restricted workforce housing units on the lot without the zoning change since it fronts U.S. One. 

Based on the Village Affordable Housing Worksheet, a one-person household qualifies for affordable housing with an income limit of $98,700. A two-person household qualifies with an income limit of $112,840. Three-person is $127,000.

Re-zoning passed on first reading 5-0

Tab 5- approving BPAS rankings quarter 1 2021 There are 71 applications for market rate allocations. Mark Gregg declared a conflict because he was on the list as well as family members. Ty Harris remained on the list even though he was granted an allocation by the council previously for property remaining on the list.

Dave Webb brought up the need to discuss issues related to the end of BPAS in 2023, suggesting that perhaps a land use attorney or planning expert should be hired to help the council find ways to reduce the cost to the taxpayers of dealing with “takings” if the Village is unable to provide permits to property owners with vacant lots. Planning director, Ty Harris, said the planning staff is working on two maps – one to demonstrate all vacant lots in the Village and one to demonstrate which lots have applications in BPAS now. 

Oddly, Ty suggested there should be “offline” discussions between each member of council, Roget and him.  Interpretation: Offline – suggests meeting in private instead of at a public council meeting. What does the Sunshine Law say about this?

Passed 4-0.

Tab 6 – Work Authorization 2 with CPH for Green Turtle Hammock

Work authorization #1 was for the conceptual design for which the Village paid $55,000 and received in February. While the conceptual design was not provided in the agenda Peter Frezza, Environmental Resource Manager provided beautiful renderings of the planned improvements (See below).

Tab 6 was approved 5-0 for CPH, based on their $55,000 conceptual plans, to move forward with the design and permitting of the those improvements: ADA-compliant kayak launch, an ADA-compliant dock, improved access from the upland area to the waterfront, a waterfront pavilion/observation tower, a restroom, and an improved parking area.





Cost – not to exceed $129,945 – seems really high for designing a pavilion, restroom, parking, and docks. We're not sure why a contract for almost $130,000 does not have to be competitively bid. 

Can’t we ask TDC for this funding? And for the funding to construct the improvements? A little frightening that we will be creating such a lovely waterfront park about the same time we will be dramatically limiting weekend access to the waterfront at the Fills.

Passed 5-0

Tab 7 – Change order for canal restoration project

There have been 3 of 5 canals dredged as part of a grant. Property owners in these canalfront subdivisions seemed thrilled with the work being done as a result of significant silt in the canals as a result of Hurricane Irma.  While the silt removal at the canal used by property owners on Sunset Drive and Iroquois Drive on Lower Matecumbe cost more than $500,000 over original estimates, the staff assured the council that the funds paid by the Village all would be reimbursed.

Approved 5-0.

Tab 8 – Tab 9– purchase of canal lot at Key Heights (Tab 8) and three non-waterfront lots (Tab 9)

Each of the R1 zoned lots could accommodate 4 deed restricted affordable homes since they front U.S. One. Total purchase price is $1.8 million for opportunity for 16 affordable homes. 

$850,000 for 4 affordable homes in tab 8 means $212,500 for land per affordable home. 

$951,000 for 3 lots (12 affordable homes) Tab 9 would mean almost $80,000 per home. 

Councilman Rosenthal noted appraisals have been ordered but are not yet available. He was not comfortable committing to a price without knowing the appraised value. 

Several residents of the neighborhood spoke in favor of the purchases, delighted that their residential neighborhood would be protected from future commercial development that had been propose previously.

The Council voted 5-0 to make offers on the properties.

TAB 10 - Interlocal Agreement with School Board

Looks like one of the things in the agreement may be immediately beneficial to us - (5) - Purpose take advantage of joint use opportunities between school and community facilities.

Coral Shores currently has the use of a significant area within Founders Park for their baseball field. Perhaps the village could use the auditorium at Coral Shores for council meetings – better social distancing, they have audio and video facilities and room for accommodating many members of the public

Approved 5-0

Mayor and Council: The Jennings Rule. Quasi-judicial hearings, Ex Parte Communications

Councilman Gregg (he is also an attorney) added this item for discussion hoping to eventually change Village code regarding legal requirements when it comes to discussing issues with applicants, opponents and the public on issues Council votes on in a quasi-judicial public hearing. As Gregg explained, the council, in essence, acts as judges in these hearings and must be diligent in assuring that any facts used to decide a “case” is available to all parties. The council directed the Village Attorney to provide possible changes to the Village code that would comply with legal requirements as spelled out in the “Jennings Rule” by the Third District Court of Appeals many years ago.   

Mayor and Council Communication Agenda Additions

Sea Oats Beach – Mark Gregg has been working to find a way to install a barrier along the beach to prevent turtles from crawling onto the highway while attempting to nest. A barrier has been installed by the Village during turtle nesting season in past years. Because of the stabilization work done by the Department of Transportation (FDOT) this year, it has not been possible to install the barrier. Councilman Bacheler voiced disappointment that the concern for the turtles appears to be secondary to the highway as far as FDOT is concerned. Peter Frezza, the Village Environmental Resource Manager, explained that most of the beach is no longer viable for turtle nesting because of prior damage from storms and sea level rise, not because of the work FDOT has done. But, because turtles attempt to return to the same beach where they originally hatched, it remains important to attempt to protect the turtles from getting onto the highway. A solution is still being sought.

Term Limits/Staggered Terms for Council - Councilman Bacheler reminded the council that it is important to begin the process of attempting to change the council terms to either 3-year or 4-year terms that are staggered. Voters have rejected 4-year terms three times in the past. The Council directed the Village Attorney to provide a document outlining the ordinance that the Council would have to pass to facilitate a voter referendum and the process that would be needed to stagger the terms. He is to provide this for both 3-year staggered terms and 4-year staggered terms.

Miami Dade Transit Buses – Councilman Dave Webb initiated a discussion about issues with the buses that bring employees to Islamorada from Homestead. It has been reported that there are not enough buses and some employees miss work as a result. It is believed these are Miami-Dade buses and Monroe County does not help subsidize the costs. Acting Manager Maria Bassett will get in touch with someone to determine whether additional trips can be added. 

Attorney/Manager: Outsourcing Inspections and Plan Review Services

While there was no tab associated with this agenda item, apparently there are inspections and other functions within the building and planning departments at the Village that are being performed by being outsourced to a Miami-Dade company owned by Michael Causley. The staff is asking for the council to approve additional outsourcing. Mr. Causley’s name is familiar to our development community as he set up our building department when Islamorada incorporated more than 20 years ago.  

Tab 11 Agreement with Islamorada Community Entertainment (ICE)

When an agreement for ICE to manage the entertainment events at the amphitheater at Founders Park for 15 years was signed in 2005, it was highly controversial and but was eventually approved by a 3-2 vote of Council. ICE agreed to invest nearly $300,000 to finish the amphitheater. 

The Village allowed ICE to operate the facility for up to 90 days a year to raise funds for its non-profit programs which were to provide scholarships to school age children for art and music education. To assure the community would receive the benefits from this long-term arrangement, numerous conditions had to be met based on the requirements in the agreement between ICE and the Village including among other things:

  • ·        At least 7 members of the board of ICE had to reside in Islamorada
  • ·        The board members and their families could not benefit financially from the events
  • ·        Annual audited financial statements and documentation had to be provided

None of these conditions have been met. At a recent Parks and Recreation Committee meeting, it was acknowledged ICE brought in more than $1 million in income, not for the Village, but rather for ICE. And that members of the ICE “team” are, in fact, being paid. 

While no required financial statements have been provided to the Village in recent years, it was suggested at the April 29 Council meeting that IRS tax exempt 990 forms can be reviewed online to get the information. This review shows that between 2011 and 2018 ICE had average annual revenues of $161,569 and the CEO and Board president, Dave Feder, was paid $36,000/year for 2011 – 2017 and $39,000 in 2018 for what is basically a part time job. Was all of this a result of events at Founders Park? Were there other board members and family who benefited financially from Founders Park events? Maybe audited statements are, in fact, needed.

It appears that a “no cost” agreement with ICE may have been a gold mine to ICE, but taxpayers of Islamorada put their own tax dollars into this park initially so they would have full say in who and how the park is to be utilized.

There is a serious traffic problem in Islamorada. We need to take some responsibility for addressing it. Having weekend events that attract hundreds or even thousands of additional people and vehicles doesn’t help. Shouldn’t the Village maintain control over the number and type of events held at the park? 

Our community loves Dave Feder, no question. He is one amazing musician. Music and dance events can be popular events for the residents of Islamorada. But, perhaps our own residents and taxpayers should be the benefactor of money made at the park. 


The 4-hour, 42 minute April 29 meeting began with a Mote Marine presentation, and ended with a park vendor contract discussion.

Click here to see it.


Our vision

To enhance the community of Islamorada by preserving the quality of life of the residents as well as the beauty and vitality of the native ecosystems and to stop any further degradation of our community from over-development.

Mission statement

To provide the Islamorada residents with information about events occurring in our community that will impact our quality of life, preservation of our native ecosystems, land development, lawful and transparent governance.

DONATE TO THE ICA

Your tax deductible donations allows the ICA to keep you informed about important events that will impact and help protect our quality of life, our neighborhoods, property values and native ecosystems. Your donations make this possible and are most appreciated.

           DONATE

Contact Us

ica.in.keys@gmail.com

Islamorada Community Alliance

P.O. Box 1507

Tavernier, FL  33070-1507




©  Islamorada Community Alliance 2021 - All Rights Reserved