$5 MILLION & COUNTING: ISLAMORADA PROPERTIES NOT CONNECTED TO SEWER

Council members David Webb and Mark Gregg talk to new Village Manager Gregory Oravec. KEYS WEEKLY FILE PHOTO

A lien amnesty program in the village that gave residences and businesses more time to connect to the area wastewater system was set to expire at the end of June. An agreement was reached to extend the program another 30 days, however, following a fiery discussion on the dais at a recent meeting. 

Twenty-seven properties within the village remain unconnected to the wastewater system. That number is down from 54 properties that were unconnected to the main sewer in September 2020.  

Of properties not connected, 15 are accruing daily penalties. For some, fines are in the hundreds of thousands of dollars. In total, around $5 million in fines have accumulated. 

Notices to connect to the wastewater system started in 2015. Assisting property and business owners who had not connected goes back to May 4, 2017, when then-council members approved a code lien amnesty program. Through the program, an opportunity was given to obtain a reduction and release of outstanding wastewater code compliance fines and liens on their properties. Eligible residential property owners could settle by paying 2% of outstanding fines and liens, and eligible commercial property owners would pay 3%. 

With properties still unconnected, a new dais unanimously agreed to extend the program on Dec. 17, 2020 to the end of June 2021. Seventeen residential properties and 10 commercial properties remain unconnected, and some council members say they want to do more to solve that. Eight additional properties are connected, but have not paid their accrued fines. Since October 2020, 15 wastewater amnesty applications have been approved and processed. 

Mayor Buddy Pinder, who brought forth discussion, said he did a little investigating into the issue. He said he couldn’t sleep when he received a list of the properties that weren’t connected and the fines they were accruing. 

“$484,250. $426,000. $484,000. $393,000. $484,000. $214,000. I could go on and on,” he said. “I didn’t have this report at the last meeting. I would have never voted for this if I had this.

“I know I’m getting emotional, but I don’t want to take somebody’s house,” Pinder continued. “I don’t want to take their business. I want to give them an opportunity. We’re going to come up with a plan to try to help these people to try and encourage them.”

Councilman David Webb opposed a program extension for several reasons. He said every other resident and business in the village went through extraordinary circumstances and expenses to get connected. Those who remain unconnected are causing “measurable damage” to the environment, he said. 

“If there’s extraordinary circumstances for residences and businesses, they can go to the magistrate and present their case,” Webb said. “The magistrate can forward that to us and we can review it here. There’s the ability for residents and businesses to get some kind of relief, if they bring a legitimate reason forward.” 

Councilman Henry Rosenthal said he believes a little consideration and a bit of humility is needed to assist properties still not connected. 

“I’m not walking around handing out a bunch of money, but I will help them in some fashion to help make some accommodation,” he said. 

Village Attorney Roget Bryan helped formulate the amnesty program in 2017. He said based on council direction at that time, connection assistance and time extensions were offered. In addition, the magistrate process gave extra deference to people who didn’t have the resources to get connected immediately or who needed extra time to get a plumber. 

“The entire lens of the amnesty program was to grant additional relief,” he said. “That’s how it was proposed to give residences and businesses incentive to connect knowing relief was at the finish line.”

Councilman Pete Bacheler said the village should take the time and try to help property owners. He said there needs to be a “legitimate time” on the program’s end.

“We don’t threaten people, not in our village,” he said. “There has to be something that’s stronger than saying, ‘We’re going to let you keep on going.’”

New Village Manager Gregory Oravec told council that he’d like 30 days to work with staff, council members and the public to bring back a solution. 

“We know there’s a lot of passion on this issue,” he said. “We can extend this and buy some time to have an informed debate on this where we can put the pieces in place.”

The dais agreed to Oravec’s recommendation for another month to consider the next step in dealing with unconnected properties. 

Jim McCarthy is one of the many Western New Yorkers who escaped the snow and frigid temperatures for warm living by the water. A former crime & court reporter and city editor for two Western New York newspapers, Jim has been honing his craft since he graduated from St. Bonaventure University in 2014. In his 4-plus years in the Keys, Jim has enjoyed connecting with the community. “One of my college professors would always preach to be curious,” he said. “Behind every person is a story that’s unique to them, and one worth telling. As writers, we are the ones who paint the pictures in the readers minds of the emotions, the struggles and the triumphs.” Jim is past president of the Key Largo Sunset Rotary Club, which is composed of energetic members who serve the community’s youth and older populations. Jim is a sports fanatic who loves to watch football, hockey, mixed martial arts and golf. He also enjoys time with family and his new baby boy, Lucas, who arrived Oct. 4, 2022.