On Thursday the Fort Myers Beach Town Council heard a presentation from Town Manager Will McKannay that might allow residents living in – or running a business out of – a trailer to remain past the town’s September 23rd deadline to remove them. It’s complicated. Very complicated.
It’s clear that if the Town Council and Town Manager had their way they would allow residents to live and work in temporary trailers while they rebuild their homes and businesses. However, with FEMA constantly looking over their shoulder, it’s not that easy. And, the town staff and Town Council, continue to say they can never get straight answers from FEMA.
The town has told all residents and business owners that if they were in possession of a Temporary Use Permit after Hurricane Ian, it expires on September 23, 2025 and they would not be renewed. That meant that anyone living in a trailer on their property or operating a business under that permit had to go. That could be changing at the September 18th Town Council meeting. 
On Thursday McKannay presented updated wording to the town’s Emergency Temporary Use permit ordinance that would extend the date for those permits “under certain circumstances.” However, McKannay said, “I cannot say it has a FEMA stamp of approval.” All he could acknowledge was that he felt comfortable the new ordinance would put the town in a better position than what was on the books before.
The new wording focuses on what McKannay determines to be “significant hardship” cases. Those cases would be based on evidence that the property/business owner has including:
1 – Exercised due diligence in obtaining permits for repairs or replacement.
2 – Experienced difficulty with insurance claims.
3 – Experienced difficulty with obtaining an architect, engineer, or contractor.
4 – Experienced difficulty in obtaining materials, or
5 – Experienced difficulty with obtaining grants or loans
6 – Other extenuating circumstances.
In other words, start getting your evidence ready now if you’d like to stay in your trailer after September 23rd.
The new ordinance will also give residents some guidance on what might be approved:
- No short-term commercial or residential use for a new business or tenants
- Only one temporary structure or unit per property
- May require compliance with certain zoning regulations such as setbacks
- Must be licensed and “road ready”
- Must have quick-disconnect utility hookups
- Cannot have deflated or damaged tires • Must be able to be towed by a light-duty truck
- Cannot create a nuisance for adjacent neighbors
- May require a Town approved 4 hour evacuation plan upon declaration of a local or state emergency declaration
When Vice Mayor Jim Atterholt asked McKannay what residents living in trailers should do between now and the deadline McKannay said stand by, “more information will be coming out before the 23rd.” Keep in mind that FEMA has given the town until today (August 8th) to detail what they’ve been doing to address list of 252 properties on the island. The new FEMA came to town last month and created this new list by driving around town for 3 days. The town has submitted documentation to FEMA for nearly every property on that list and has only received feedback from FEMA on 15 of them.
It’s safe to say that if residents or business owners aren’t doing anything to rebuild, have no evidence or plans to rebuild, or have been renting RV’s on their property illegally, they will soon see, if they haven’t already, code enforcement officers. The Town Council’s original intent with this ordinance was to give people a helping hand as they moved toward rebuilding. It was never meant to be permanent and it certainly was never approved to be rental properties.
Councilman Scott Safford wanted more clarification for businesses. An example he brought up; what if a business is in the process of rebuilding but wants to move their trailer(s) to another location to keep earning revenue? Under the old rules, the answer would be no because the town declared it was no longer issuing any Temporary Use Permits to stay in FEMA’s good graces. Safford also wants to know what happens to businesses with more than one trailer when the new ordinance says only one. “It’s the uncertainty that’s weighing on everyone,” Safford said.
The elephant in the room continues to be FEMA. As the town tries to thread the needle and help residents and business owners, there’s no guarantee FEMA will go along with any ordinance the Town Council approves. FEMA was not happy the town approved this ordinance the first time around and that played into their reasoning for putting the town on probation and yanking the 25% discount in the National Flood Insurance Program.
The bottom line in all of this is that it will all come down to what is determined to be a “compliant structure” and as of today the town has no idea what that is. After Thursday’s meeting we asked the Town Manager and Mayor to send us a list of what compliant and non-compliant structures were for this story and did not get a response.
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So, the new town manager, who already wants the tax rate increased by 26 percent, now seems willing to risk pissing off FEMA further with the town’s inclusion in the federal flood insurance program on the line. That insurance, needed by 5000 town property owners, is already hanging by a thread.
You can bad mouth FEMA till the cows come home but it’s made no difference to the enforcement of its regulations in those flood zones.
The council and some of its business friends chose to push the envelope. They lost and left 5,000 property owners swinging at the end of a rope.
Today’s latest news makes it clear: Town Hall just doesn’t get it.
It well may be only some interceeding power politics from Daniels and Scott can save the island’s flood insurance.
Question is, will they? Can they?
Call me crazy…I like the trailers
Me too@
FEMA to town: Why are those trailers still in Times Square?
Town to FEMA: Um, er, uh.
BTR to town: what is a compliant structure?
Town: Um, er, uh.
FEMA has done nothing but create problems for the residents. If we didn’t participate in this government boondoggle recovery would have been quicker. If residents were able to rebuild what they had without raising everything 12 feet many more properties would have been rebuilt.
But no we jump through hoops for a government agency that doesn’t care about the residents only the process matters to them. The only beneficiaries are Town Hall and governmental agencies.
We participate in the FEMA program for flood insurance that’s capped. Raise your property for a 25% reduction in premiums.
So all these problems created by FEMA so you can save $150 a year. Ridiculous.
The first 6 items are way too objective. If someone is in the process, does that mean they applied for a permit 2 years ago but can’t pay a builder? Does it mean I’m waiting on a loan I’ll never get because of my income. Every one of the six could be used as someone’s excuse. Why would you risk FEMA’s ire to extend a problematic decision made 3 years ago?
You are so right Linda. How can anyone bash FEMA when millions if not more have been handed to displaced property owners to assist in rebuilding and they had not spent a penny for flood insurance to protect themselves prior to IAN. Those that want FEMA to get off their backs-just imagine what the island would look like without the government assistance. Those are not thinking of the devastation these free-standing trailers can cause if one lands on someone else’s home in a hurricane.
I’d like to talk with those people who received “millions”. Most people were handed $750.00 and told to go away.
La Ola Strong! We love you FMB!