Fort Myers Beach Town Operations Director, Compliance Director, Community Development Director Frank Kropaczek (left) and Fort Myers Beach Town Manager Andy Hyatt (right). Fort Myers Beach Observer file photo
Fort Myers Beach Town Manager Andy Hiatt assured the Town Council that the town will be placed on probation and will lose flood insurance discounts for homeowners insured through the National Flood Insurance Program. He said he was doing it.
The town had been offering 25% insurance discounts before Hurricane Ian, but in March, FEMA ordered Fort Myers Beach, Lee County and other municipalities to pay for undocumented labor and other related charges in the aftermath of Hurricane Ian. The company was put in jeopardy because it notified them that the problem could cause them to lose their discount. .
“I think it was decided months ago, years ago, that they wanted to do this,” Hiatt said.
Following the town’s appeal and a letter from federal representatives, including Rep. Byron Donald and Sen. Rick Scott, FEMA ordered towns, counties, and other municipalities to take steps to remediate the situation by November 1st. and granted a grace period to demonstrate improvements in the handling of permits. 18.
The town has until Sept. 16 to develop and submit a plan with timelines and measures to address all identified program deficiencies and violations to the greatest extent possible.
Fort Myers Beach Mayor Dan Allers (left) sits down with Fort Myers Beach Manager Andy Hyatt and Fort Myers Beach Director of Operations Frank Kropaczek during the 2023 Lee County State Legislative Delegation meeting. I’m watching over you. Allers did not comment at the meeting, which included proposed state legislation to merge the Fort Myers Beach Mosquito Control District with the Lee County Mosquito Control District and the Fort Myers Beach Fire Protection District with the Iona McGregor Fire Protection District. included a discussion of. Members of the Fort Myers Beach Mosquito Control District and the Fort Myers Beach Fire Commission voiced their opposition to the bill. Fort Myers Beach Observer Photo
“In my professional opinion, it was only extended by six months because we reached a higher level,” Hyatt said. Hyatt said of what the town stands to lose depending on FEMA’s final decision: “If the discount is reduced, you will be put on probation and will never be able to receive a discount again.”
Mayor Dan Ares said he believes the best-case scenario is that the flood insurance discount is lost, based on the town’s understanding of the situation with FEMA. “What they told us is that in the best case scenario we would lose our discount and in the worst case we would be removed from the National Flood Insurance Program completely, but they did not give us a final answer. “We haven’t done that,” Ares said.
Last week, Allers asked city officials to ask FEMA to hold off on enforcing rules restricting the use of trailers for businesses, such as food trucks like La Ola in Times Square. “FEMA’s timing is irresponsible,” Ares said.
Hyatt and operations manager Frank Kropaczek said Laola was actually identified by FEMA as a trailer that needed to be removed. Hyatt said it had “followed the process as directed.”
Kropaczek said one of the items in the town’s corrective action plan is why the trailer issue was not addressed “on a weekly basis.”
Kropaczek said because the town is using the trailers, the town will have to go through the same judge process as other trailer operators.
“Where are we going? Do we have to go into a tent?”
Kropaczek said the process is “uncharted waters.”
Hyatt said it also received actionable comments from FEMA to remove all non-compliant trailers by Nov. 18. Issuing a violation notice was considered “insufficient,” Hyatt said.
Allers said the town’s attorney said the town has the enforcement power to remove Laola’s trailer, but said the town cannot simply hook up Laola’s trailer and remove it.
Allers accused FEMA of moving the goalposts.
Kropaczek said in a meeting with Kevin Guthrie of the state Office of Emergency Management, town officials were told that federal law supersedes local law.
Kropaczek said the town has effectively been told its enforcement action will not amount to a “pile of beans.”
Kropaczek said town management has told federal authorities that they are following local and state laws.
“It seems to me that we have to prepare our residents for the possibility of losing the National Flood Insurance Program,” Ares said.
Vice Mayor Jim Atterholt said he’s hopeful that the new presidential administration can change things, and that the town should remain hopeful about what will happen in the November election.
“These are politically volatile times,” Atterholt said.
Towns must evaluate all Hurricane Ian floodplain developments in Special Flood Hazard Areas and ensure that all rehabilitation, construction, and development permits are obtained in accordance with local floodplain management regulations.
FEMA is asking the town to provide status updates for structures deemed to have significant damage on a list provided by the town, per an April letter sent to FEMA.
Additionally, the Town will provide evidence supporting compliance actions taken on structures identified as damaged and will be identified by FEMA for future compliance activities, follow-up community support visits, and any additional information required. you must provide what you have.
The Town will also be required to provide FEMA with all floodplain development impacts caused by Hurricane Ian to structures within the Special Flood Hazard Area and provide a plan to correct any identified violations.
Towns must provide documentation that the community is utilizing the code enforcement process to address new and existing code cases for all non-compliant structures.
Allers said he wants answers directly from FEMA. “All we can do is keep trying and keep pushing the levers we can.”
