All right. Good morning, everyone. We're going to call the meeting to order. Today is Thursday, February 5th, 2026. It is 9:00 a.m. All council members are present, including town manager, deputy town manager, town clerk, and town attorney. Please rise for the pledge of allegiance.
I pledge of allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. >> Our first item for discussion is the
donation policy. It's a discussion regarding a townwide donation and naming policy. Will you kicking us off or? >> Good morning, sir. I'll hand it over to Nancy. We've been in discussions for a while realizing that uh as we receive more donations for different town events
or different or just in uh for uh philan philanthropy, uh we realized that we needed to have a or recommend that we have a policy. Nancy has been working on it with the team. >> Sure. Thank you. Um, so my experience with the donation policy
in Fort Myers Beach, um, was back when you had, um, some of your very active, uh, advisory committees coming forward, um, and then also specifically the um, Anchorage Advisory Committee that had a
fabulous event last year um, asking for guidance and authority, permission to uh, to solicit it and try to get some things for, you know, raffle gifts and and things of that nature. And I believe they also encountered individuals who
wanted to go ahead and uh donate um some either I think I can't remember if it was cash or inind, but regardless um it was a a contribution to the um to the town. And I also think that over the holidays there was donation of
poinsettas around um the the town's Christmas tree at at one point. Um so with that said and then also in December recognizing uh Councilwoman Link um made a very kind donation to the town um some
in the form of $1,000 cash. And at that point, Will had asked um you know, how do we how do we administer this? Making sure that we did not violate any type of federal law or state law or local um ethics policy that we may have in
effect. So, at that time, we we looked very carefully for whether or not the town had a donation policy. We could not locate one. And so in an abundance of caution, there was uh transparency,
acknowledgment that we we came to town council and you all accepted the donation. Um, council member um, Link was thanked um, and we felt that that would be the most transparent and a
policy that was in no way in violation of any type of ethics um, law that may be out there. And subsequent to that, Will and I did have some conversation about, well, it's probably would be a good idea to have a
policy in place for it. And I remembered that when I did some work in Naples that they had a uh donation policy. They also had a naming policy. So if the donation was of a sign significant amount um you
could perhaps have something in the town named after you um in acknowledgement of the the donation. Um so with that said uh we started thinking about what kind of policy could we had. We worked with the clerk's office and um Lizette came
up with some other donation policies because again during the holiday season um the town wanted to have a um holiday event for uh town staff and you know can we go and and ask businesses that did
not have business before the town um if they wanted to donate some kind of um small item um in celebration for the employees. So that's all the background of how we arrived today. Um, so we
started looking and uh, Taylor in our office did additional research and lo and behold, she did find that the town back in 2011 did have a donation policy in place. And
um, the there's a copy of it um, in your agenda materials on starting on page four with what now is the blue sheet. Um, that kind of gives the background of it. and then the staff signoffs are on it. The policy itself begins on page
five and you know it it's a good template for a policy. But two things I want to draw to your attention. Um one is the um the reference to your giftgiving catalog for Fort Myers Beach.
And if you went to the very very end of the um policy on page eight um you see that it's kind of a wish list from various departments within the town
um and some things that they needed. So, if I wanted outside of a role as as town attorney, you know, if I was a resident and I wanted to donate, I wanted to do something for the town and and I have $5,000 that I I just really want to
donate, you know, what do I how can I give it to you? What do you need? Um, so they had this list in the past of of things that they were looking for. Um and then I also in your pack oh the
other item that I wanted to bring your attention to was the dollar amount. So, basically, um, the way the policy is currently written, if there is a donation of $10,000 or less, um, it's pretty much handled by the, um,
town manager and really council isn't made aware of it, um, unless the amount exceeds um, $10,000. And I think that I don't recall if this one had something about like real estate, we would definitely have to
bring that to your attention as well. So we make sure that we're accepting something that is not too controversial. And then associated with that, I did do a um I provided a copy on page nine of
the Naples policy, which is a little bit more specific and in depth um in comparison to the Fort Meyer speech policy, but it pretty much follows the same the same line, the same policy, same, you know, procedures.
Um, and then attached to that again is a naming policy uh that they adopted back in um '08. And then there's two resolutions to kind of show you how
um how it worked in in effect, how their um donation policy worked. On page 20, um there's a uh staff memorandum from Dana Susa, who you know now is over at Santael, um regarding naming rights for
Bakers Park. Um and that was a very uh it was a $2 million donation. Um there's a resolution on uh page 22 of your packet and this was accepting a cash donation uh for 120,000
and some change uh for the K9 unit coming out of an individual's revocable trust. Um how the resolution was set up and handled. There's a second example of a resolution on page 24 where there was
a cash donation of $52,000 from the Gulf Shore Association of Condominiums uh with a specific restriction on the use of the funds and that was for c the cameras uh license plate readers. Nancy, is there
some state statute that would require I'm curious as to why if you have a policy then you also have a resolution. Is there a certain dollar amount that would trigger something in the state statute to have to have a resolution? >> No, but resolutions, as you know, are um
official statements of what what you're doing. And um this individual um when there is a donation, you know, we always like a paper trail, right? You hear people talk about follow the money. Um, so as a donor, you're going to go to
your accountant to make sure that this is something that you have um a beneficial tax consequence for. And so the more donation or the more documentation you have, the better. Also, by resolution, you can put it into the town's records so that if there's
ever any question in your budgetary process as to how that money got there, where was the genesis of it, you know, um, god forbid somebody alleges it was laundered. Um, you have a that paper trail is there. >> Um, the last thing I wanted just to
point out was on the naming policy. It basically was for individuals who are still with us and those that have um are deceased and have passed on. The resolution on page 26 um I I personally drafted this one. Um
and it was a little bit of a challenge because it was in honor of a the tiger that had accidentally gotten killed who was not a deceased person or a living person. But there was a provision in their policy, their naming policy that
allows them to wave it in an appropriate situation. So I just point that out. It's very important to always have that uh ability to wave something because we cannot really come up with every
possible scenario that could happen. Um you definitely want to try to follow your policy as much as you can. However, things happen and it may not be specifically addressed. So, keeping that discretion um I think is important as well. So,
that kind of my understanding of where we are on this. Um for today's conversation, I think the starting point should really be with the town's existing donation policy. um and taking direction from you as to whether or not you want to deviate from
that, make any changes or just reaffirm and we continue on with it. >> Rebecca, any questions or comments? >> I do. So, I've read all this. I don't have um the nuances between the different ones. Um all in my head right
now, but of the things that matter to me are that a donation would not burden the town in any way. Um, for example, in some of these documents, we'd see, you know, there was support for a K-9 unit, but then it requires you to have a
vehicle that has all these things that, you know, you need for a K9 unit. So, uh, I think we need to see if those are cases where, you know, they they put us at a financial burden that is um, how would we handle that? Um, I
don't know how that works in the financial world. Um the other question was oh same thing the talking about the license plate readers you know what about ongoing maintenance of something like that you know do you put some
framework around it that we will use this for so many years but there's no guarantee that it would stay in place just something that that guards the city from having to put out funds for something that maybe everyone doesn't agree with. So, there's a little bit of
uh of language to that effect in paragraph C. I'm looking on page six. >> Okay. >> Um that talks about if there's unsolicited um donations um the town manager can exercise discretion um where these gifts
should go to what department or to the general town donation fund. if it's no uh of no use to the town. Um they could be he could refer it to another agency. Um if there's a question as to the
ownership of it, um he can require proof of ownership or could reject it. Um and then restrictions to encourage to place minimal restrictions on the donated items. There's also in paragraph D um a
series of questions that could be asked when the donation comes in as to whether or not um you know these questions are are answered and your point is well taken um you know uh perhaps the donation of a car or something like
that. Yes. um that might need require additional insurance coverage or might need some um upgrades or repair um could actually cost the town more than the donation
amount. And then one last item and I'll pass it over is um I was happy to give a donation to the town, but um I have always donated anonymously and I'm wondering if there is ever a way that we can continue to do
that. Um uh I don't know if that's that's even possible. >> I think it's I think I think it has happened. I mean, we've had I think over the last three years, we've had donations that have come in where they've asked to be anonymous, >> but not publicly recognized. Correct.
However, it's not like you're getting a box of money on the, >> you know, at the door. Fair. So, there was some type of public records request that they would it would be locatable. Um, but as council, as the policyy's
written right now, if it's a $9,000 donation, you may not even know about it. Um, because currently, as your policy is written, the town manager can accept it, can allocate that money to whatever department or or purpose and
would send a letter thanking the individual for it. Now, we would hope that the manager would advise you publicly about it and provide the public recognition for that. Um, >> yeah, I don't know that that's always
been the case in the past, but I I don't seem to me it does. If there's a donation, it it's not that much of a time to bring it before the council to accept it. To me, that's the most transparent. I mean, a lot of people can donate under $10,000.
>> Sure. and and >> and mayor, I I just remembered also you had um someone approach you about the donation for the fireworks and you brought that to council and council said, >> "Yeah, we accept it." >> So, I've got a question about that. So,
if it's under$10,000, >> does if somebody donates $9,000 for the fireworks, how do we know that it's going toward the fireworks? >> That's what I'm saying. It goes manager. Right now, the town man the policy says the town manager wouldn't have to bring it,
>> right? That that is the policy from 2011, the existing policy that we found. So, if it's under 10,000 >> um in the lack of having a policy in the spirit of transparency, um when uh Councilwoman Link brought her
thousand donation, it was quit saying that, Nancy, for so to be anonymous. >> Sorry. >> I get it. I get it. >> So, if it's over $10,000, then it has to go to the fireworks fund. >> No, then it has to come to council.
>> Council required, and this is in uh section five, paragraph B, all gifts valued at more than 10 as determined by the donor requires town council approval. Subsequent to town council's approval, procedures for acceptance in
excess shall be the same as those in section A above, which is basically the acknowledgement of it uh with a thank you or some kind of documentation. >> So, I I think we're going to have this come up. I mean, I'm hearing lots of groups,
>> not lots of groups, but there there are quite a number of people that want to >> have an organized body um to donate for the fireworks and want to make sure that that money goes if they're raising money for the fireworks, I want it to go to
the fireworks. I don't want to go into >> So, you know, your point, I think, raises u the the list, the giftgiving catalog, as it's been described. Um, I was looking at it and you know you would
back in 2019 you'd take kayak equipment. Well, I might have some extra kayak equipment hanging around I could give to the moundhouse. I didn't know that the town would be looking for kayak equipment. >> Well, my question is, do you even really need a catalog? I mean,
>> you look at the 32 inch LCD TV 545 bucks. I like $28 at Walmart now. Yes. >> It's not like so a lot about do we even need a catalog if you're going to donate money. >> But that comes with the DVD player. >> Oh, it's a combo. Well, no. Yeah. Okay. 32. >> I'll tell you what's what is interesting
though for for somebody like me, some of these things are if this was a living document, this list and it kind of was updated or posted somewhere. Man, I would think with this community, we could knock these things off in no time. um just by people
knowing that they would be helpful for the town. >> But I think a lot of like moundhouse bay oaks, they have the friends of Bay Oaks or and they have the friends of the moundhouse and usually this stuff gets purchased through them >> or donated through them. So if you donate to the friends of the moundhouse,
they know what they need at the moundhouse versus the council coming in creating a list or to me this is >> Yeah. I don't know that the council needs to create >> everything on this list is basically covered from what I can tell in either the friends of the moundhouse purview or friends of bay oaks
>> at least to bring forward to say you know we can as the friends of bay oaks these are the things that we need to help out with the town and then they usually get the donations and then they bring that donation to the town but >> I don't know that we need this list do we Nancy really to me
>> no it's it's at your discretion if you have a list or not um you know some of the other things like uh a crosswalk sign. Um >> Oh, don't start that. >> You know, uh sorry, bad bad example. Um >> classic,
>> you know, I I don't know. I I I'm not involved in your day-to-day administration and management, so I don't know how relevant these things are. >> I think it's important to know too Jeff was just reminding us that uh so he's he
does work with the friends committees. uh he's combi updating a list now for discussions during their meetings to the point so they do uh you know it's a discussion between the staff and those and friends of bay oaks or friends of moundhouse on what the needs are um that
uh so I think I'm and I know in the past we you know the blue sheet states specifically what the funds are coming in are being accepted for and and even so much to which portion of the budget if necessary that that is that is tied
to. So, that's something I'd like to continue going forward. Even if you agree to um keep it at the $10,000 where I I have the discretion to accept, I think it should still be something where I notify, you know, the council of the
details of that of what I've accepted. Uh but I'm perfectly okay if you want to, you know, make everything the purview of of the council just may be burdensome at times. >> No. Yeah. I I think just making it aware as you've done in the past that I don't think everything needs to come before
the council to accept, but just making it known that this $500 was donated to go to the fireworks and we've applied it to the fireworks fund. I don't know that we have to reinvent the wheel here. It seems pretty simple. If someone's going to donate, as long as they're telling
you where it's going to go to me, the here's $1,000, I don't care what you use it for. To me, even though that's under 10,000, I would think that you'd want to bring that back to council to at least say we've received a $1,000 donation that is not earmarked for anything. Where should we put it?
>> Does that make sense? >> Here's where I as a town manager recommendations >> or if the council wants to >> give other direction. >> I mean, certainly, >> why don't you can we just do it like once a month for the first meeting? Hey, we got in $1,575
from anonymous or various donations instead of doing each one. That seems kind of timeconuming. >> I don't I sure >> I mean if historically how many indiv, you know, donations do we get? It's not a ton, right? I mean, >> well, let's spur some more on.
>> Are you feeling like giving again? >> I don't know. Maybe if I could do it anonymously, I would. >> There you go. >> Is everybody okay? I think >> that's a problem. I'm okay with the $10,000 threshold. And if it's an uncatategorized donation that staff brings forward, a
recommendation of here's a thousand dollars we got that was just donated for whatever we need to use it. Here's the top five things I think are in need of using this donation for, and then the council can make the decision that way. >> That that would require applying that
criteria as far as does the town council really want to accept it? Are there other costs that might not be as apparent at the get-go? >> Right. But I think that would be a staff determination. I mean, they would know if we apply it towards,
you know, someone donates a truck, you know, this is what it's going to cost if we accept this donation, you know. >> Absolutely. I concur. To your point, Nancy, it's that they're involved in the day-to-day operations.
They they know the maintenance costs and but it would I think just for transparency, it'd be nice to know that people, hey, someone donated $1,000. I think, you know, staff says we think it would be best used right now for the fireworks or for garbage cans or for whatever, then at least people know
where that donation's going. That's just my two cents. I I have concerns about the restrictions. Um I think more and more you're going to see people want to donate to a specific cause, whether it's fireworks or in a couple other cases
like the Anchorage Advisor Committee for the uh cruiser appreciation day or the MURF committee for the coloring book. Um when you have a thing in here that says donors shall be encouraged to place minimal restrictions on donated items or
funds. um that I that kind of bothers me um cuz I I think that's you know when I make a donation I donate to a certain cause or a spec specific charity for a certain reason um I don't know do we get
a lot of general donations? >> No. Yeah. So I think I think if we remove that I think that's that's a key for me anyway. >> You rais a valid point. How does it work? How does this work, Nancy, with use your example, John, the cruiser
appreciation, if a committee reaches out to seek donations, >> they do >> in and and a local business or person donates to that committee's event, >> does that fall within this policy? So the way it's worked in the past, and I thought it was handled very well, the
committee chair would come to you and ask for your permission to solicit on behalf of the town >> and then in their postevent report, you would you would know. >> Um, >> okay. >> So, so the other
>> I'm not sure if that was and I my memory is not the best, so I'm not sure if that was specifically done for the coloring books or not. Um, I think the individual on that was in charge of that went out and solicited uh people and then brought them in and had them approved, but I
don't think it was Yeah, it was beforehand, but I don't I honestly don't recall. And would it be acceptable and appropriate that now that we have Abby that she can put things out and help support the friends organizations to say
there is a campaign going on now to solicit money for fireworks, donate through the friends or the different uh organizations. Is that tacky or is that appropriate? Any comments on that? >> I Yeah, again I don't I don't know that
the wheel is broken here. Yeah, >> it to me it seems to be working and >> as long as going now this always won't be the same council and it always won't be the same town management. So it's making sure that people moving forward down and they could change this 10 years from now again they could look at it. So
>> So the one thing however um so from a policy perspective you're looking at having a policy that's transparent to the public. So when money's coming in everybody is aware of the source of it. Um, from an administration side, you're going to have your budget director um,
and your finance director managing how that money is spent based on whatever uh, restrictions. The other policy consideration is that the donation is not given in any manner to influence any official action of the
town. And that's the big one. Um, so if a $10,000 or $9,000 donation comes to will and there is a pending uh reasonzoning, we need to exercise some caution there. Um, and so maybe that might be an
additional criteria. I mean, it does talk about um that there is no an understanding that this is this gift is or donation is not intended to influence any type of official action. But maybe it's not,
you know, that that would be my my concern as far as the um the ethical component of this. >> So, are you suggesting there should be stronger language in that versus what's there now?
>> I I think it's going to go to um the discretion of the town manager or to town council if the amount is over $10,000. If it appears, if it smells like it's trying to influence your official action, then it could be rejected. Um,
or it could be accepted with a very clear statement and understanding that this is not influencing your vote on any matter. Nancy, as I look at uh >> section 4 D7, it talks somewhat of of
conflicts of interest, but it only mentions like contractors or potential contractors. If we were to expand that to, you know, to to a broader, you know, group, would that would that cover what you're thinking about possible? Or or you could
just remove contractor, potential contractor, and just say if the donor >> uh if there's any reason to believe there may be a conflict of interest >> because things like planning, things like that like you're referring to, >> especially since we're in a redevelopment uh perspective. And I'm not in no way
suggesting that there is anything illegal, inappropriate, unethical going on, but oftentimes we have to deal with the perception, right? >> Um of that, right? >> I concur. Yeah, I think John was on to something
there about just making it as broad as why does it you have to why do you have to lay out contractor, potential contractor, potential developer, any of those words in there? Just >> anyone >> any influence. Yeah. Maybe
if we're going if it's under 10,000 and the manager doesn't feel comfortable taking the donation because it may be something that could be perceived as a a conflict to bring it to the council to then discuss it, you know, at the manager's discretion. But >> yes,
however you want to word salad that. >> Okay. So, that would be a little bit of um amendment to number seven. And if there's anything else associated with that. Yeah, >> makes sense to me.
>> So for for direction, um did you want to go down some type of naming uh policy at this time or do you want to just reserve that for later discussion? I mean, I think is there a I mean, if
someone makes a substantial enough donation to the town, to me, the difficult part is what is that threshold and what is it they want to name? You know, someone wants to name the garbage cans. I mean, do we really care? I'm just using that, but you know,
>> so I actually thought about that yesterday. >> You know, I don't know >> what was the what was the muppet that was in the garbage can? Oscar. Yeah, maybe they want to name them all Oscar. I don't know. >> That's a good idea. >> Just a thought. I I if someone wants to
name something, I don't >> I don't have any. >> This the question is really do you want to go ahead and um have some type of process in place or do you want to wait and see if it happens and then we can we could use this as a model or adopt a
policy before you accept the donation and allow the naming. The naming might be a restriction on a donation. You know, I will give you uh $20 million uh towards a school, but it's got to be named after me or one of my family
members. >> I would take that deal. >> Well, but I'm I'm glad Nancy brought that up because that is a possibility, you know, in our not too distant future. uh things like that becoming part of a campaign, you know, to seek support for
something like that. And some of those might come with some strings attached. Uh I think we want to have something uh in place or a process potentially in place of uh of you know, bringing that to council for approval as one of the conditions. >> Yeah, I don't know that I'd think a
dollar amount threshold. I think if someone wants to do a naming right that it does come before a council for >> as a decision >> to decide >> because you're accepting on behalf of the town and you want to make sure that you know again to NY's point about perceptions and so forth.
>> So how do you word that Nancy? Just basically anyone that wants to potentially name something. >> Are you saying we replicate what N what you did for Naples? >> Similar. Yeah. I mean, you can use that as a start and then bear in mind as as I mentioned um
we had the tiger that died and you know their policy is set up as living and deceased individuals but they have that ability to wave it. So my recommendation would be that you have some type of framework as a starting point. If there
is a large donation made or requesting a naming right or if you want to suggest that naming rights are available um then you can you know um modify that policy as you're making your decision
applying it because you have that discretion. I think as soon as someone says, "I'll give you this money and I want this name on it," that's something I think the town council should weigh in on. Um, you know, we have been a town that didn't
have brand names. Typically, it was more mom and pop restaurants, not chains. Um, you know, I'm not sure I could see us naming things after a developer company or things like that. So, I would like some control on that. Not saying we
wouldn't, but just that it it's up for discussion. I'm not sure the dollar amount is is as important to me as someone says I want this with my name on it. So maybe you use Naples the framework that you laid out but leave out again like we did in number seven
the restrictions of name or you know if you want to have something named whatever that name B may be that it becomes a policy decision by the council at the time >> with public comment. >> Yeah maybe you know who knows could be something we haven't thought of. could
be. You know >> what I'm what I'm hearing though is that if there is a request attached or uh a condition attached to a donation to name something in uh recognition of the donation that that matter would come to
council at the get-go. >> You okay with that, John? >> Sounds good. >> Yeah, >> I think so. Would that cover land as well? If somebody had some property and they donated, they wanted it be called like I think it would cover either
monetary or inind donations as well or something. I don't Nancy. >> Yeah. No, I I would agree. And the example would be Baker Park, right in Naples. >> Okay. >> Named after the >> I'd like to add all-encompassing whether it's land or
monetary >> or garbage cans. Or >> garbage cans. Yeah. Oscars or >> cupcakes. Okay. I I have direction. I don't know, Will, if you had any other questions and then we would just bring this back to you at a public meeting um in the form
of probably an amendment and restatement um of the existing um donation policy and the creation of a new naming rights policy. And um those would be separate resolutions.
I >> and we can get rid of the little needs list because it outdates itself quickly. And sounds like Jeff says we have a plan already that is working. >> The catalog can go.
>> Yes. >> Still time's got to donate your DVD combo. >> Mhm. To the museum. >> There you go. >> Have a couple rentals still. >> Are we good with that? You got everything you need? >> I do. Thank you. >> All right. We'll move on to the next item which is flood panel discussion.
Who's starting that out? John, you starting it or >> uh I'll start and then we'll you can we can call people. So I just uh you know the town continues to receive uh increased uh inquiries related to flood panels following recent storms and recovery efforts. So you know as a
coastal community we we definitely support reasonable actions of residents to protect property. However, the town is legally required to enforce Florida building code and FEMA and NFIP regulations uh consistently and defensively. Flood panels that attach to structures are regulated as building
alterations because they become part of the building envelope and must meet life safety and flood plane requirements. Uh compliance is direct directly tied to the town's participation in the national flood insurance program which allows residents to obtain federally backed flood insurance and maintain community
discounts. Also, uh it could impact disaster related funding both for the town and for residents. So, some key highlights for for uh council's for the discussion today. And we'll have uh Tracy uh go into some more detail. We've got John Dmer uh and uh um
I don't know if we were able to get Kelly on. Kelly's Kelly's also linked in. Kelly, our flood plane manager, is is also linked into the meeting. So, um residential limitations. FEMA does not allow any drug dry flood proofing on residential structures in V and coastal A zones which includes properties on
Fort Myers Beach. Uh regarding NFIP risk, allowing unpermitted or non-compliant installation installations of or structures could jeopardize the town's standing in NFIP potentially impacting flood asurances. I talked about uh residential classification
clarity. Condominiums are treated as residential buildings under the code. So the same flood proofing and life safety restrictions apply for residential related areas within the building. Limited applicability dry flood proofing may be permitted in certain non-residential situations if engineered
and certified but not occupied residential structures. Today's discussion is intended to provide clarity on what is permitted, what is not, and how we balance property protection with life safety obligations and federal compliance. staff will uh uh
walk council through the regulatory framework and the practical implications for residents and businesses and answer any questions. Um what we'd like to get from this is an agreed upon public facing and internal staff guidance as we
move forward regarding flood panels. Tracy, do you want to start the uh review on? >> Sure. Thank you, Will. Um, >> before you start, I just want to clarify in what you read there, what we're discussing is not commercial. It's residential flood panels. Correct.
>> Correct. >> Commercial separate. That's completely different. >> Correct. Okay. >> Yes. >> Um, so I just wanted to give a little background. This um topic of flood panels came up dur during our FEMA CAV visit or community assessment visit. Um, they noticed some structures having flood panels. They asked us, "Well, what
does the town do?" We in turn said, "Well, what do you expect from us?" you know, we want to be in compliance. We are going through the CAP visit. They then talked about um coordinating with the Florida Department of Emergency Management because Florida is such an intense place where things like this come up. So, FDM or Florida Department
of Emergency Management did subsequently release guidance. I believe it's page seven where it specifically says residential dwellings in V and coastal Azones are not allowed to dry floodp proof and having flood panels that
attach to the structure that become the envelope of the structure. I got to stop talking with my hands. Um that become the envelope of the structure then become non-compliant structures even temporarily if it attaches to the the structure. Yeah, it becomes that
envelope of the whole thing. And the reason why is because the hydrostatic pressure that hits those panels can actually impact the foundation of the structure. And again, we are talking residential in V and coastal A zones. So again, page seven in Florida FDM's um
guidance, page seven talks about that non-compliance structure with flood panels. That being said, in some non-residentidential um that you're speaking of, we can do some dry flood proofing because they're unoccupied. And that's another life
safety issue that um our Florida building code addresses when it comes to flood panels. We have to be aware of life safety issues because if we do a complete flood panel, then the egress, if there's emergencies, if the waves go over the wall, you're creating kind of like a a pool if you will, a retaining
piece. And then if you have imagine the electric cars and things like that that can erupt into fire and life safety issues. So there's there's all of this. It's very clear from my perspective that and I'm repeating myself that residential flood panels in V and
coastal Azones are not permitted and FDM says that as well. Now when we get into condominiums, I know there's some questions about that that we can talk about and we have our experts here to discuss that. Um, and then non-residential, some that full commercial use can have flood panels
because they're unoccupied. So, it's a balance between life safety >> and those mitigation issues. We we want to mitigate. FEMA's strategy for mitigation in residential units in our zones is to allow the flow of water to come and go. That is the best mitigation
that FEMA recommends. >> I know that's a lot of of talking. >> Oh, I have so many questions. >> I know you do. So, I'm very thankful that John Dalmer is here and Kelly's um online and and we also have our building official who's stepping in for Joe Spect at the time. He's here as well. And so,
we have the experts on hand to answer your questions. >> Well, my my first question would be what do we do about those that have already been permitted and have been installed? Are they going to now be asked to remove those? And I what I'm getting at is is
what we've what we dealt with what we've dealt with which John you're full aware of since the storm is to me FEMA looks at the island as a whole not as an individual. And if say for instance you have a resident that doesn't participate in the national flood insurance program and feels that they can build their
house back without a permit or put these things up. They are now putting in jeopardy the entire island. And in my conversations with FEMA, there's no or f them for that matter. There's no willingness to say a person, you know, homeowner A who doesn't want to be
involved in the National Flood Insurance Program for whatever reason can opt out of those rules. My my question or kind of concern around that is if there is that hydrostatic concern where it where it impacts the foundation of that structure, if that
structure becomes compromised, it then becomes an issue for the whole entire neighborhood or community. But I do feel like I'm kind of getting out of my my knowledge here. So >> So I'll let John speak to that. I mean, there's going to be a lot of whatifs in
this conversation, I think. But >> Morning, John. >> Welcome to >> No, I'm green. Good morning. >> I do before we finish want to know what the going rate for a trash can is, but getting back to this, uh, I believe that
there were somewhere in the neighborhood, >> Can you state your name, please? >> My name is John Dolmer and >> pull it up a little bit, John. There you go. I believe there's been somewhere in the neighborhood of five permits that were previously issued for uh flood proofing panels on residential structures. And if those have not
actually been rescended, they are in the process of of being rescended. They were filed prior to any real discussion on what the town's policy on this issue would be and they were approved before any real discussions uh had taken place. So, uh, congratulations on going right
into this particular topic because, uh, you are now in the middle of nuance and, uh, details as opposed to just general broad strokes of FEMA's guidance. In this particular case, just so we understand exactly what's going on, we're talking about flood proofing,
which has uh, in terms of a technology and and uh, industry has really advanced over the past couple of years. They are generally accepted and permitted on uh commercial structures and non-residential structures. They've been very successful in those particular places. In this particular case, what
we're looking at is a residence that wants to provide mitigation as opposed to compliance. And that is really a big detail in this because you're not establishing flood proofing to what you would normally have to build a uh compliant structure. So if
you have to build to a elevation of 14 and your house is at nine and you can only establish 3 feet of flood proofing, you're not compliant with FEMA standard. You are mitigating against lesser storms
and lesser events, but you are not creating a compliance structure. So when we're getting into these things, we're not creating compliancy. They're basically just trying to protect their homes as best as possible. That's really kind of the intent. And I don't look at
it really much differently than somebody putting in quarterinch plywood in their windows. We know quarter-inch plywood is not going to withstand the wind loads of a serious storm, but maybe it's better than nothing. From the town's perspective, it's a very difficult situation because
the building code does not specifically address it. And Mr. Hygus can address the specifics of the the code itself. uh FEMA has issued a little bit of guidance and that guidance did work its way down to the state and the state's review of that information was released
in the document uh the assistant town manager just referenced and that has not really worked its way into statutory regulations and uh has not been codified. In addition to this complexity, the
state has passed what's informally known as Senate Bill 180. That piece of legislation states that you cannot create more burdensome regulations uh for a property owner or an applicant, which means that even if the town wanted
to go ahead and establish regulations for this type of of mitigation, you really don't have the ability to do that right now. uh that new regulation would more than likely be challenged and if I had to guess, not that I have a bar
card, but I would assume that you would probably lose that challenge. So in light of where we are, not only in terms of technology, but in terms of legislation,
our discussion has basically been while we understand that this technology has really advanced, has really come a long way in a very short period of time, there really is not a situation that exists where the town should issue a permit or can establish guidance to even
issue a permit right now. So there are a lot of rabbit holes that we can go down. There's a lot of whatifs that we can discuss. But the general discussion about this always leads you back to the fact that since you don't have the
ability to establish regulations, you really even if you could, they would not be supported by any current changes in the Florida Building Code. And you're not establishing a compliance structure. you're establishing mitigation, but you're not creating uh compliant
property. There really isn't a good situation right now for you to establish or even try to establish permitting standards. So, that is just kind of the the brief overview. I hope I've provided a little bit of confusion. Uh >> well, basically what I heard was you
can't have any flood plane mitigation or compliance when it comes to the FEMA. So, I guess what I'm getting at is even if you wanted to put in two or three rows, not completely close off your say garage door, >> but you put something in that blocks a
normal tidal wave or tidal surge or a normal storm like Helen or or even I shouldn't call Milton a normal, but a normal event that we would see on the island, you still can't do that. Even though you're you're you're mitigating, you're not breaking compliance, you
still can't do that. >> So, you're not creating compliance. meaning that if you were creating a compliant structure, you would either have that property elevated or you would have it uh protected to that minimum elevation that you should build to. So, in this particular case, we are talking
about properties that that are not consistent or compliant with with current elevation standards or FEMA standards and we're looking at providing some sort of mitigation. When it comes to enclosing that, I think this is probably a good time to bring up Mr. Hygus. >> Well, you just raised another question that Oh, boy. So, I have a home that
meets current FEMA standards as far as elevation. My lower level is a garage, >> but I want to put in 3 ft of storm water mitigation, whether it's flood pan or whatever that is. >> Would that then still be non-compliant, not uh permittable? Currently,
>> it would not. Okay, that's Well, >> is Peter Higgus uh sitting in as the building official temporarily? the uh what you're asking is whether it becomes a compliant structure and it it
it's really making it non-compliant because you're the idea is that buildings that are below flood have to have hydrostatic relief or breakaway walls or a combination of that and
installing the panels is actually contradicting that code compliance for that area >> of an enclosed space. >> So, what I'm hearing is if you meet all that, you have your hydratic vents, you got your breakaway walls, you've got all that, but you still want to go further
and protect the inside of your garage from whatever, then you would now be in non-compliant construction. >> That's correct. >> If you put flood panels in, >> correct? >> Okay. >> That's why we can't permit it because we're aiding in abetting and non-compliance of that structure.
And Scott raised a val valid point. What about the second level? What if I want to put hurricane shutters on my second floor, third floor? >> Well, that's a different thing. Shutters are >> allowed and permitted. Uh even shutters have a requirement that you still have
to maintain one point of escape. If you choose to put all your shutters up >> and live stay in the house, you still have to have an opening that you can manually open and escape from that
building in an emergency. >> Yeah, that answer my question. Does you still have to have one egress? >> Well, I guess what I'm getting at if I'm if I'm a storm shutter company out there right now listening, I can already see their wheels spinning. So, if it's
considered a storm shutter, it's compliant. But if it's a flood panel, it is not >> correct. >> Okay. >> I think it's because the way it's installed, >> a storm shutter technically going to be
water resistant because it's not designed to hold back >> water. water just wind and protect it from debris hitting that glass or opening that is protecting >> well I think that I think that would
alleviate some of I most people just want to protect from wind more I mean water is going to get in where water is going to get in but so if someone wanted to come in and say I want storm shutters over my garage door in my compliance structure that was just built they could be permitted to do that if it's a storm
shutter that rolls down Just like your ones up above, >> they can do that. Yeah. >> But the shutters are not a flood plan. >> But the shutters can't remain in place during non seasonal uh times of the year. They
can't leave them up while they go back north for the summer. >> And so it' be just same thing with the storm panels if that's what they're trying to do. that they can't leave them up. >> Okay.
Well, I'm just again I'm I could see the wheels of the businessman spinning out there right now and the homeowners trying to understand what exactly I think you've provided plenty of clarity at least for me to understand. >> Well, some of the shutter companies are
moving into that business trying to and that's where the the major push is coming from from that industry. Because if they got one good product, they want to maybe come up with another product that people will buy and
unfortunately it doesn't meet the standards and the codes that we currently are living under. >> Go ahead. I feel like um I've been down this road with with residents several years ago um only
because I was given some good advice by an architect that you can put these things up back when we thought we could, but we were putting our property at greater risk than the water would have done. Um so I'm wondering if there isn't some
guidance, some communication that we can give to the community. So, we can't permit them in certain places, but people are always knocking on our doors, coming to our homes, trying to sell us something that is not going to protect us. That's not the town's job, but it
sure would be helpful if we tell them, hey, here's how it stands right now. And this is not a good thing. It may feel like a good thing, but you know, if you knew some of these have safety issues or they'd be foundational problems in your home, that would be so much more
expensive than doing drywall and, you know, whatever mold. So, I'd like to see if we couldn't do some kind of communication to let the public know that we are looking out for their best interest. It just doesn't feel that way right now. >> Yeah. Thank you, Council Link. Definitely one of the goals of this discussion, the primary goal that the
handout that we we passed out >> for discussion >> is kind of an initial draft of that public facing messaging that we're intending. Um, >> not that we're just saying no, we're not going to let you protect your house. I >> I'd like to see it even go a step further and I've always been an advocate of when you come in to do a permit, if
you're a contractor or you're a homeowner doing it yourself, you may or may not know all the nuances of every municipality that you're working in. Obviously, we're going to be different than say Elva or somebody else that's inland, right? But if in the permit, it it lays out what you cannot do. In this
case, it's flood plan. You know, flood plan panels are not at least a homeowner has the ability to look at that permit because they have to sign it to be able to say, "Wait a minute, you you sold me flood plan panels and it tells me here in the permit that I can't have that." So, anything that we can do to be able
to allow homeowners to have a sight on it because again, they have to sign off on owner acknowledgement and all these other things, it would give them a little bit of an opportunity to say, "Wait a minute. I would just sold something. You told me I could do it and the town's telling me I can't." You know what I'm saying, John? I don't know if that's a
possibility or not, but Absolutely. And I think town manager kind of hinted at that that this discussion is to start the conversation. And so we can provide that type of information to the public because the goal really is to provide that information to them. The town's not in the business of trying to prevent people
from protecting their property or their homes. However, just because somebody says it will help does not actually mean it will help. If you have 3T of a floodproofing panel against your house and you get a 5ft of storm surge, you have two feet of water that's come over the top and that water is not going to
go away until you take those panels down. Uh and that's with or without a permit. So you are in a situation where I think that more information that we can provide out there is probably a better thing. So regardless of whether it's on permit applications itself, whether it's on websites, wherever it
can go, that type of information I think is very important. >> And you said you only think we have five active permits. I >> I I'd have to take a look, but I think that that's what was permitted prior to to this real discussion starting. So >> they're they're not active, correct? as
as stated by by John Frank and Frankie confirmed they've been rescended. Uh we believe it's five right now. Um >> and to to your point uh Mr. Mayor, I think yes. First first of all, you know, if they come in and ask to apply for a permit for flood panels, we don't have
we don't permit for flood panels. That that right there we we can't we don't have that even as one of our options. If it's a general construction permit and in the process of during the application the you know portion they're going through and describing what they want to do. If that's in there they'll be told
you know no that you know this can't be part of the project or whatever. But we can't I think it'd be difficult for us to make an all-inclusive list of everything because we don't we don't know what they're going to be requesting until they submit that permit. Does that make sense? >> Yeah. I I think I guess what I'm getting
at is when it comes to flood and building code, there's a lot of discrepancy even outside of just the flood plans that it may or may not be allowed under Florida building code, but under flood plane regulations, it's not. And to be able to to have something in there, even if it's just a statement, if
you have questions pertaining to flood management, please ask before you move forward. Absolutely. >> So that we're not in a situation where we've got a couple of things that we're dealing with now. And I think that's very important because today it's flood panels, tomorrow it could be a new technology. So as opposed to to zeroing
in on one particular item, I'd almost rather make this call this out specifically because this happens to be the the topic of the day, but also make that general statement. Please come in with questions that you have because uh as the building codes evolve and as as
FEMA, you know, evolves in its its recommendations and and permittability, uh where are we and what can we do and what can you do and what are the best options for a particular structure or a particular property because they are going to change depending on where you are and what you have >> and when the structure was built.
>> Yeah, I'd even like to go further. I know it's it's more staff time, but as products evolve when it comes to flood mitigation, >> if if before moving forward with the full permitting of whatever that new product might be, to have a staff member that is a flood plane specialist or
manager, whatever their mitigation, whatever, review that product before allowing it to move forward to find out, wait a minute, this isn't going to be I'd rather see a new product sent up the flag pole, if you will. We know FEMA's never going to say, yeah, that's good, or yeah, that's bad. But I think at least we can make a determination and
we're following the rules that we feel are in place to say this product does or does not meet that before they go through spending thousands of dollars to do something. >> Mr. Mayor, that is a noble goal, but there are thousands of products that are coming out. So just just as a as a general understanding, I don't think
that there is any resistance to those that gain some popularity or maybe those that are being actively marketed locally. But I think that that just as we all know leaving this room, every product that touts itself as some sort of mitigation is not going to be evaluated. But those that this
particular case we're discussing flood panels because those are being marketed, those are being uh requested and there's a lot of questions on those. when uh products or technology like this comes forward and it starts to gain a little bit of traction or it's locally marketed. Those are the situations I think it's appropriate to kind of spend
a little extra time take a look at what's going on, what's being promised, what can actually be delivered, can it be permitted, under what circumstances. Those are all very good questions that I think that that we can pursue in those situations. My concern with that, mayor, would be as
soon as we say something would work or would be a good idea, you know, it's going to be you told us it would work or we should use it, you recommended it and now I'm going to sue you because it was it did whatever. I mean, we'd provide sand, right? >> You're you're in a bad situation either
way. You're right. Well, in most situations and councilwoman, that's a very good point. If we're in a situation where something is consistent with the building code and it's been provided all of its appropriate blessings from emergency agencies all the way up to the federal government >> handbags and how you place them.
>> Correct. Th those are situations where you can rely upon specific testings or standards uh or some sort of installation techniques that you can point to to say that under these circumstances it's been evaluated to provide this level of protection. um if if if they meet the standards of the
building code, that's how they get authorized and they have their product code numbers that they can state that they can be installed numbers. >> Uh under newer technology that has not gone through that, I think it's more of an advisable more almost uh research >> portion of the process. >> Let the manufacturer go and get the
approvals. >> Yes, ma'am. >> And will staff can continue working on the stuff we know. I was also thinking um to your comment mayor about having some sort of statement on the permit. Maybe we have something that says if you are considering flood or wave sorry
flood or wind mitigation such as shutters or or flood panels that we have a discussion in the permitting process. So it just kind of triggers that that homeowner to think, okay, am I doing something either for wind or for flood? And that way we're not, you know, getting into the details of the product
name. Well, yeah. I think we're still going to have some of what we're dealing with now where even if you have that discussion to I think council member links and John's point and the time you feel that it meets it but a year and a half or two years later when the house is actually constructed maybe something
has changed and now all of a sudden that and then we're in a situation where wait a minute you told us at application that you thought this might work and >> but I think people need to understand that that that's that's the difficult ulty municipalities face especially in
flood zones that it's an everchanging we have a partner >> whether we like it or not and and they are they they may or may not like things today and tomorrow it may be something that they like better so >> Mr. Mr. Mayor, I can resolve one of your fears is if somebody is legally
permitted and the codes change, they were still legally permitted. That's just creating what you would call a grandfather. Yes, sir. So, in those particular situations, you wouldn't have to go back and make a change, but if you made a change to that structure, you would start bringing things into current compliance.
>> I don't know if that ease my fear. Maybe a little, but >> John, you've been quiet over there. You look like you're ready to >> to burst. Okay. Um, Mrs. Wer, get on my soap box. But, um,
this is my problem with government. Uh, government lacks common sense. And it'd be nice if somebody that writes these rules had actually lived in an environment and went through this. living in a condo and experiencing hurricane Ian. I can tell you quite frankly if we would have flood dry
floodp proofed our electrical room it would in no way shape or form have impeded any uh building u structural issues. It would have fac helped facilitate the flow of the water through the lobby at the ground floor level which is what it should have done.
instead it blew out the door that was there caused more problems than what were were actually uh could have been prevented. But my main concern here is especially dealing with condos. The FDM guidelines that came down last month
talk about residential buildings in zone V and coastal A zones. Temporary flood barriers are not permitted for buildings built in zone V after communities join the M NFIP and for residential buildings built in coastal Azones after December
31st, 2017. The effective date of the sixth edition of the Florida Building Code of 2017. My building meets that standards. Most of these condos on this island meet that standard. Why are they not allowed to put in temporary flood barriers? So, you've outlined a situation for
condominiums that get into a little bit more nuance, and I think in those particular situations, it is advised to come in and talk to both the flood plane manager and the building official to figure out what your options are. I am familiar enough to know that there could
be a situation where those electrical rooms could be floodproofed because you're talking about an area that is nonresidential. the specifics on whether they can, whether they can't, and how they can be done. >> We tried to argue that earlier, John, before this came down from FDOME, that
>> the ground floor is non-residentidential, but we're told because it's a residential building by the town that we can't do that. So, prior to the emergency management blessing or recommendations based upon what had been presented to them from
from FEMA, >> a lot of things were just considered on hold because there was no understanding as to how they would react and what that outcome would be. Now that we have it, it's more of I mean, I'm going to personally just call it a lukewarm
>> reception to those guidelines. They said, "Yeah, it looks like everything's okay." I didn't see anything in there that was necessarily earthshattering. I didn't see any new research. Uh but what we do have is a situation where we are going to be cobbling together regulations that are in currently in
place to deal with older structures. And I say older structures because you're talking about like 2017 and older. In those particular situations, there is at least the the possibility of a conversation to figure out what can be done. I know that there are situations and conditions that exist where
electrical rooms can be floodproofed, but those need to be sight by sight in terms of where that property is, when it was built, what type of uh is the electrical room standalone or whether it's part of a different uh structure on on below flood. So, there's a lot of
factors and a lot of questions that have to be answered in those particular cases before you get to a simple yes or no. And it's unfortunate. I agree with you. If you were around here and you saw what happened during some of these storms, you would understand there are certain areas that should be protected and
there's certain areas that just need to be sacrificed because you can't build strong enough to withstand water. So, in these particular situations, and your condo happens to be the one we're discussing, those are at least worthy of
a conversation to see if something can be done. And if something can be done, what can be done? No one's trying to expose property. No one's looking to expose risk. >> Boy, it sure feels that way though. >> And I'm sorry for that. That's not >> And I'm not blaming you. It's It's trickle down from the feds on.
>> And unfortunately on this side, it doesn't feel any different because there is only so much flexibility, leeway, uh autonomy that this town has, which is no different than any other coastal jurisdiction, uh
for us to maneuver. And so we are looking at regulations from the feds, from the state, the building code. There's a lot of different things that you look, it's almost like a very complicated ven diagram and you look to see what's in the middle to see what what can be done.
>> So, uh I'm not going to argue your your thoughts because I don't say I feel any differently. But feelings, you know, thoughts and prayers only go so far. Uh flood barriers or mitigation goes further. So in this particular case for your condominium, this is worth a
conversation. Let's see what can be done. Let's see if something can be handled and if it can be, what are the options? >> Okay. >> And I don't look at that and I and you >> So is that sitting down with you then or the town or >> that would be sitting down with building official and the flood plane manager? Now, here's the other part. I hope we
would take into consideration then that uh my building specifically and others I'm sure are going through the process or already have already completed their milestone inspections and taken care of what they needed to do to address those issues. I hope that would be a factor in that as well.
>> It comes into play, but the the uh milestone report is pretty specific when it comes to what's evaluated and how it's to be done. when you start talking about mitigation strategies, those I'm not going to say are not part of it, but because they didn't exist
when the milestone reports were created, it's going to be almost like a parallel track as opposed to something that's incorporated within it. Uh, and I think as it goes forward, it probably >> but it should give you an idea of the structural integrity of the buildings. >> Correct. Correct. But that we're also uh
while addressing those concerns is I I'll say vital uh it it really only is is an additional piece of information when you're looking at the overall strategy because it's going to be the structure itself. >> Sure. I understand that and that's what I just said. I'd hope to take be part of
the consideration. >> Correct. And your condominium is no different than any other condominium that's in the town of Fort Myers Beach. So, uh, what's worthy of a conversation there, worthy of a conversation in other locations as well. So, this is not a special or unique situation.
>> No. And and when, uh, um, I'm sorry, I forget her name. That's uh, the flood plane Kelly. Uh, we met with Kelly and the town staff earlier as far as with my condo association and um, I just lost my train of thought there. Uh, no, I uh,
because FDM hadn't issued anything. We've been waiting and waiting and waiting. So, I got involved and u I don't know if I spurred them on or not. I helped uh facilitate to other folks along the state that we needed this and it wasn't just for Fort Myers Beach. I
think it was for the entire state that that this needed to be addressed. >> Oh, absolutely. I think that this this particular issue right now when it comes to addressing mitigation is probably first and foremost. You know, you a lot of things are settled. A lot of things
just take time to work their way through in terms of implementing regulations. But this is one of those items when you start talking and I'll just broadly state when you start talking about mitigation as opposed to compliance, it's a very complicated issue because there's a lot of people with a lot of money at stake and you're dealing with
people's houses. >> You know, we're not talking about commercial structures in this particular discussion because th that question has been asked and answered. >> In this case, this is where people live and that's very personal. >> Yep. Thanks, John. Quick question, John, not to muddy the waters a little bit, but specifically
with condominiums. I know the building code according to this says that condominiums are residential, but doesn't our fire district look at them as commercial? >> For a building permit, it's a commercial permit. For a use, it is residential.
And like I said, that's when you start getting into to uh a little more nuance and a little more detail because it is a structure, but they build to commercial standards. And don't let me get too far into this without letting the guy that
actually understands this speak, but uh it's a commercial building standard as opposed to a residential building standard, which is why it's a commercial building permit. >> I understand. >> No, I get that. And I just wonder if that opens the door to what you guys have discussed, areas that would be more
commercial than they would residential, electrical rooms, things of th that nature. >> There is a discussion on electrical rooms and and and nonresidential portions of those buildings. However, where the building's located, how that room has been designed, what is
incorporated in that room or around that room, there's a lot of other questions that go into it. If it's a simple standalone electrical room that can, you know, you just start looking at where is the propertyy's located, when it was built, there's a couple of qu quick questions that you can go through to answer the the question, but if you
start looking at things universally, it gets to be a little more complicated. So, I don't know if that helped. >> It's not a one-sizefits-all. >> No, >> it is not. >> And and and and personally, I'll just say I'm sorry. I wish it was. I wish it
was a simple check these boxes and you're okay. >> Yeah, >> it's not. >> Well, I think people will appreciate hearing from the experts and not necessarily just from the council members when we try to explain this to them. >> What we're saying is is backed up by
fact and it we may not like it, but it is what it's what we're dealing with. >> Correct. And and this is something you know I was at the flood conference last year and this was one of the topics that that generated a lot of discussion even among flood plane managers. So uh some jurisdictions were were wanting to go
one way in terms of permitting. Most others didn't want to touch permits with with the poll is just leave it alone. And I think everybody's got their own reasons for that. The reasons we're proposing here are you are in a very low barrier island. the chances for things
to go wrong are very real. And when they go wrong in this particular case, they get worse because you're not creating a compliance structure. You're just mitigating against lesser events. And that's and that's ignoring codes, regulations, and standards that
are also going to impact whether you can go forward with this. >> And just to reiterate, this is for V and AE zones only, correct? A >> or a >> basically >> the entire town. >> Well, I know I'm the only reason I'm saying that is >> yes,
>> you know, in the past we've had issues with unincorporated Fort Myers Beach being counted towards actual Fort Myers Beach and those being maybe permitted outside the A or AE zone
within the town of Fort Myers Beach zip code. You see where I'm going with this? Yeah, we had to clarify for FEMA where our boundaries were while they were here visiting as you know. >> And we did we get that clarification across? >> Oh yes, those properties that are outside and unincorporated were not on the list.
>> Okay. Yeah. >> Yeah. That that was the issue I could see happening with >> Well, Bob over here next to Walmart has it. How come I can't have it? >> A lot of it has to do with relationship to the water and elevation.
>> John, anything else? >> No, my issues were addressed. Thank you. What else do you need from us? >> I think at this point we're we're pushing things forward. I think it you all have the the draft or at least the starting point, I'll call it. If there
are comments, concerns, thoughts, um things that should be in there, things that you're concerned about being in there, this would be a good time for us to have that discussion and kind of move this forward. I mean, we just we just got this this morning, so it was kind of a last minute, but I I mean, it seems like it covers everything that was discussed
here today >> for the most part. I mean, and if anybody has any questions, come in and speak with building official with come in to speak with staff. >> Correct. >> To get direct answers to their specific >> and and this is I I don't think there's anything that's going to be changing
over the very short period of time or next month, two months. But this is going to be an evolving issue uh as things change and as things uh develop. That would be a time to to keep updating what we have and the information we're releasing to the public. >> And will we be releasing this? I mean, know it's public record now. People can
ask for, but will we be putting something of this out for people to be able to see? >> Yes, the the plan is to put it on our website and and uh put it out through other means so as as many people as possible can see it. Um it's uh yeah, that's our plan. And I think also it is
in within that guidance that you know for certain cases uh that always come in and speak with the staff uh you know for any questions. >> I think it's also helpful too that you make it obvious that it's residential only and then what we were talking about that you've got commercial building
codes for condos even though they house residents just to mitigate some of the calls we'll get. >> Good John. Thanks. >> Thank you. All right, if I can get back in here. Next is agenda management. Anyone have
any changes that they see in the agenda management portion of the >> Rebecca? >> None. >> Scott, >> I would like to continue or let's get going on the CRA discussion.
>> Yeah, >> definitely. We'll add something on for discussion, an update on that. >> Yeah. Well, yeah, I think that's been uh consent has been given to that multiple times. >> Well, let's get going. >> I don't you I think you were asking
about consent or something leading towards that, but >> yes. Well, I need a second. >> Well, I will be happy to second that. >> Okay. Thank you. >> That's all I have, John. uh he stole what I was going to do because um I read something this morning about what Fort
Myers is doing and I looked at the agenda management. There was nothing on there. I know it was a big issue uh at the end of 24 because we thought the legislature was going to take it away. Uh we wanted to get something done. Uh we kind of got a bit of a reprieve and it seems to be off even the back burner.
So, uh Scott addressed it. So, thank you. Yeah, I don't have anything else on here that that uh we need to add at this point. Anything else, John?
>> Yes, sir. >> Let me pull up here. >> Um, got something I wanted to share just because, you know, an old dish jockey. As I mentioned on Monday, uh, February made me shiver, but while it's been cold in Florida, it's nothing like an
Australian three dog night. One member of that group, Chuck Negron, passed on Monday. Thanks for all the joy to the world you uh brought and helped bring through your music. So, with that, we'll move to adjourn. >> Any uh any objection? We are adjourned
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