(He's also a parent and an Islamorada resident and taxpayer.)

The November 3 general election ballot has three proposed Islamorada Charter Amendments.

Many people have asked for guidance and I hope to bring some clarity with the following explanations:

The Village Charter functions like a local constitution, defining the governance structure, powers, and operational procedures.

Intentionally they made it difficult to change the charter.

The Council must hold two publicly noticed public hearings to pass an ordinance requesting any changes to the Charter.

Then it is placed on the ballot for voters to ratify.

Those critical issues can be placed in the Charter to avoid allowing a majority on council to change policies and limitations important to and identified by the community.

The Height Restriction was a charter amendment: The charter was modified in 2007 to provide a 35’ height restriction with a vast majority of voters agreeing.

Unfortunately, the council changed how we measure 35’ – no longer from the ground up! Thus keeping the 35’ per the Charter, but changing the intent.

Huh?

Last January, the Council decided to appoint a Charter review committee as the charter had not been reviewed or amended in several years.  

During Council discussions there were numerous comments suggesting that the process would consist of amendments to the Village Charter as suggested by the public.  

The importance of public participation was frequently mentioned. Yet for the very first Charter Review committee meeting, only one member of the public attended.

There was urgency to get the work of the committee done within several months to meet the election deadlines.

Here are with three proposed amendments to the Charter on the November 3 ballot.

Three-year staggered terms for council members:Instead of having all five members of council elected every two years, there would be years when three members are selected and some years when the other two are selected.

The difficulty is when the three-year terms are decided in an odd year – 2029, 2031. Because these are not standard election years, the Village may have to pay for the election.

Odd years are characterized by low attendance (no president or governor to elect) with the ballot having just two or three Village council members to elect.

Some people are concerned that with the current two year terms we could have elections when all five members are new.

Remember that our US House of Representatives has existed for 250 year without staggered terms.

Often new people have new energy and ideas.

We do not support three year staggered terms because we derive no real benefit.

Filling Vacancies exceeding half a term: Currently if a vacancy occurs on council, the remaining members select a replacement by majority vote.

Through our experience we concluded that this is not ideal as we then have “representatives” who are not elected the voters.

If this amendment passes, a special election would be held if the vacancy occurs with more than half the term remaining.

A potential problem is that until the proposed 3 year term is decided, it is unknown whether the half term is 12 months or 18 months.

If a special election is required, the council would appoint an interim member of council within 30 days and call for a special election within 6 months.

The special election filing, qualifying and campaign period would be similar to the current period of August through the first Tuesday in November.

We support this solution.

Requiring a supermajority vote related to Village-owned property:

Seems simple enough – four affirmative votes instead of a simple majority of three to buy or sell Village real property.

But that isn’t all. Part two-The amendment also requires a supermajority to change the zoning or future land use of Village-owned property to uses not permitted in Recreation or Conservation districts.

Translation to part two-

No changes to the zoning of recreational or conservative properties to commercial or residential properties.

We support this amendment.

Many people in the public have suggested that instead of having specific council seats, the charter should be changed so that the five candidates receiving the most votes would be elected.

The hope is that candidates would then run on their own merit, potentially avoiding negative campaigning against specific opponents.

The charter review committee did not consider this option, to eliminate “seats.”

Bad call for many reasons.

People would tend to look at the qualifications of candidates rather than voting for their business associates and friends.

Most people want competent people spending their tax dollars and managing their village.

I hope this information helps to enlighten voters in the coming election.

Best!

Tom

Alicia Gonzalez Single Agenda Item Oct 8 Land Use: 2 hours and 38 min last Wed, Sep 30. - an appeal of Planning Staff decision regarding the beneficial use of an environmentally sensitive property. Attorney Alicia Gonzalez acted as attorney for the Village during the hearing. The attorney representing the property owner was Bart Smith of Smith Hawks, Key West.

The hearing was a critical hearing as Smith argued that the Village is depriving the property owner of all reasonable economic use (a takings?) in rejecting a building permit application for a large home planned on part of the property classified as wetlands. According to the property owner’s testimony, the Monroe County Land Authority offered to purchase the environmentally sensitive tract for $4.8 million for conservation purposes, considered under market value by the owner. The Village Planning staff recommended denial of the property owner’s appeal. Council agreed.

Alicia Gonzalez, from Weiss Serota, representing the Village, has an impressive background: George Washington University Law School, 2009. B.S. in Communications, University of Miami, 2006. Ms. Gonzalez started her career with the Florida Department of Transportation office of the general counsel in 2009. She has worked in the field of eminent domain. Listed in Best Lawyers in America (2025), Florida Super Lawyers Rising Star.

Yates Trial Scheduled for Wed Oct 14: Ted Yates served as Islamorada’s Village Manager from August 1, 2022, to July 31, 2023. He was appointed in 2022 after a search process and signed a one‑year contract with an auto-renewal option. In July 2023, the Village Council voted 3‑2 not to renew Yates’s contract.

After his departure, Yates filed a lawsuit in May 2024 (over 10 months after separation) claiming termination without cause and that the Council’s decision not to renew violated his contract. The Village’s attorney noted that the contract’s “without cause” termination clause did not cover non‑renewal. Further, Yate’s attorney argued that Councilman Henry Rosenthal should have recused himself, leaving a 2-2 vote when a majority would be required for non-renewal. W Chase Carpenter from Smith Hawks law firm in Key West represents Mr. Yates. Originally the Village was represented by Eric Stettin, of Weiss Serota, hired and paid for by the Village insurance company.  The insurance coverage limit of $100,000 was reached in the case, so now the Village is responsible for legal costs and are now represented by both trial attorney Erica Hausdorff of Weiss Serota along with Stettin, with the Village paying the legal fees. The trial is scheduled as a two-day trial beginning on Wed, Oct 14, at 9:00 at the Plantation Key Courthouse, 88770 Overseas Highway. The attorneys anticipate that the trial will only take one day. The public can attend.

What a way to celebrate a birthday!  Jerry O’Cathey went skydiving!  Happy Birthday Jerry!

And a parent and an Islamorada resident and taxpayer.

Why does Islamorada government continue to punish Lower Mat?

Many Islamorada canals were dredged in the 1950s–60s without adequate tidal exchange.

A canal restoration effort by the Village on Lower Matecumbe has demonstrated immediate, dramatic improvements in water quality at four locations with new culverts connecting dead-end canals to improve circulation.

A fifth location is a part of that culvert project.

It is the most important part.

It was planned and engineered to provide a culvert under U.S. One at MM74 connecting the oceanside and bayside canal systems.

The mayor of Islamorada announced in a video last week that the project connecting ocean and bay waters was done.

That is not true! It is a disaster.

Marine experts have been gushing with enthusiasm about the remarkable results we will experience when this culvert under U.S. One is completed.

We are anxious to see the results. We have received extraordinary grants to make this happen.

But in the interim, the contractor hired by the Village at nearly $9 million, seems to have created a huge problem. (See the photos later in the newsletter)

We deserve to know who is responsible for overseeing this contract.

How have we allowed this absolute disaster to go on for nearly a year along our “Scenic Highway” through Islamorada?

The bike path/Heritage Trail has been completely destroyed.

No public acknowledgement of the status or “I’m sorry” to the folks impacted by the Village or the contractor.

The Heritage Trail is part of the Florida State Park System. From their website – “90 miles of multi-use trails link the Keys, offering visitors a spectacular way to experience the islands.”

Not so spectacular now – in fact not even usable.

For Lower Matecumbe residents is was their way to bike, walk, or jog to Annes Beach, the Channel Two Fishing Bridge, and points north on the island.

There are subdivisions and condos with nearly a 1000 homes within a mile of this section of the bike path. Residents are unable to use this section of bike path.

An occasional photo op of politicians is printed in the local papers when grants are awarded to fix the problems – but residents’ complaints with the reality of the situation, seem to fall on deaf ears with no photo op or media coverage.

Is Lower Matecumbe the forgotten island?

One trip past that totally disgusting stretch of right of way should cause great embarrassment to those entrusted to remedy and oversee this situation.

We get regular reports from FKAA with apologies for their comparatively minor disruptions along U.S. One.

No such reports from the Village or the contractor.  When do the folks near MM74 get an apology?

They are due more than just an apology.

They need their bike path and quality of life restored.

They deserve some answers.

Tom

Millage rate for property taxes and the budget for Oct 1, 2026 through September 30, 2027 were approved September 28 after this final budget hearing was rescheduled twice.  The recommended millage rate of 2.7231 in the agenda would have been a 10.00% increase above the rollback rate of 2.4756.   However, at the last minute, Council voted unanimously to reduce the millage rate from the recommended 2.7231 mills to 2.65 mills, still an unannounced 7.04% tax increase.   The confusion came when the Council had to approve a budget that matched the amended millage. Ever since the original budget workshops at the beginning of August, the majority of the council had seemed adamant that the 10% increase was necessary to continue providing the services the residents expect.   Any millage rate above the rollback would require a super majority vote - at least 4 positive votes.   The council approved a budget, not available to the council or public, corresponding to the 2.65 millage rate, promising to review and amend the budget as soon as feasible.   In the confusion, did the Council meet all of the strict notice requirements for Budget Hearings?

was presented to the community last Wed, Sep 30. It was explained that there are no plans for additional public workshops.  The 253-page plan presented is considered the “final draft.” The next step is approval by the LPA and then on to the Village Council for final approval following two public hearings.

Able City East Partner, Jason King, stated that the public participation thus far for Islamorada has exceeded the typical community involvement in most municipalities where they have worked. He did indicate that they would continue to provide corrections and improvements suggested prior to the final public hearings. Able City will also provide a list of the LDRs that must be amended, added or deleted to assure the Comprehensive Plan and Land Development Regulations remain in cinque. There are eleven different elements in the plan, including future land use, housing, conservation, property rights, etc.   The draft of the new plan is available on the Village website: click here.  We suggest every resident should look through the policies in the amended plan and submit suggestions if you see things that concern you.

Keystar, the construction company hired by the School Board to do $3.8 million in baseball field upgrades at Founders Park, provided engraved shovels as Islamorada officials, Monroe County School Board members and Coral Shores High School coaches and staff broke ground Oct. 1, at Founders Park.

Additional improvements, including dugouts, concession stand, and restrooms that would have brought the cost to $6.1 million, are expected to be done later. After months of delays, the field is scheduled to be ready in time for the January start of baseball season.

With permitting and weather issues, there is a definite urgency to assure the Coral Shores baseball team has a home field come baseball season. We were disappointed officials couldn’t find a time after school hours for the groundbreaking so the baseball team and more community members could attend!