In a 97 page order filed with a State Administrative Law Judge, Fort Myers Beach Town attorney Nancy Stuparich detailed why La Ola should be removed from Times Square immediately.
The filing was in response to La Ola’s submission to the judge on January 17th (which we reported on HERE) detailing why La Ola should be allowed to stay. Both filings were submitted after a hearing was held at Town Hall back on January 7th. Monthly hearings will be held in an attempt to rid the town of trailers, conex boxes and other non-compliant structures FEMA wants the town to have removed immediately.
In its January 24th submission to the judge, Town Attorney Nancy Stuparich detailed why the town believes La Ola is in violation of two sections of the town’s Land Development Code relating to floodplain regulations. The structures are also not movable with a light duty pickup truck, which FEMA seems to be OK with. The town revoked La Ola’s temporary use permit for the trailers late last year.
FEMA had given the town until November 18, 2024 to start the process of following their own code to remove containers and conex boxes (in addition to other issues the town had to fix) or face losing their 25% flood insurance discount. Despite working with FEMA to accomplish tasks FEMA wanted done, the discount was eventually lost and the town was put into a 2-year probationary period.
The town response to La Ola points out that FEMA has told the town that the La Ola structures, whatever they are being called, are not in compliance with floodplain regulations. “FEMA representatives, who work day to day with floodplain regulations concluded that the modification (putting the shipping containers on trailers) was not enough for compliance with floodplain regulations.”
Basically, the town argues that the containers are not designed and constructed in accordance with the flood load and flood-resistant construction requirements.
Stuparich also was not buying La Ola attorney Amy Thibaut’s argument that the structures La Ola is using were unique and therefore could not be regulated by the town’s code. “When asked how the La Ola noncompliant structure be categorized, respondent’s attorney was uncertain since she did not have the expertise and experience with such an “innovative” approach. In contrast, FEMA representatives, who work day to day with floodplain regulations concluded that the modification (putting the shipping containers on trailers) was not enough for compliance with floodplain regulations.”
The town also argues that the La Ola structures “must be elevated to 14 feet above base flood elevation and be permanently anchored or have breakaway walls to allow passage of debris during flood events. The La Ola Non-Compliant Structure does not satisfy these criteria.”
The town argues that even if La Ola’s containers are on trailers, they do not properly meet the Florida building code criteria. “That fact that it is mobile does not make it a recreational vehicle, park trailer, or other similar vehicle, which are not required to comply with ASCE 24-14 criteria since they are not “structures.”
Finally, while the town does understand the role La Ola is playing in the community right now as it rebuilds, getting structures in compliance is a top priority right now. “While the Town is understanding of the hardship removal of the La Ola Non-Compliant Structure imposes on the Respondent and the La Ola Surfside Restaurant’s employees and entertainers, the Town must act in the best interest of the community as a whole and protect its residents through requiring compliance with its floodplain regulations and removal of its probationary status in the NFIP.”
The town has asked the judge to approve the violations and give the town the authority to remedy the situation. Judge John Laningham is expected to make a final ruling in the next week or so. If he rules in favor of the town, La Ola owner Thomas Houghton has two options; he can remove his entire operation from Times Square before the town’s deadline and before fines start accruing, or he can appeal the ruling to Lee County District Court.
On January 7th, Stuparich requested the judge find La Ola in violation as of January 6th, give Houghton a reasonable amount of time to remove his containers, then start a daily fine of $250 per day. If they were not gone by March 1st, the town requested the authority to remove the containers and charge Primeau the cost to do so. Stuparich said the town needs to give FEMA a status update on April 1st.
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Sorry but the buildings that use to be in time square didn’t make it through Ian were they non compliant? the trailers that La OLa uses work and can and have been removed prior to the last two storms, so what is the danger? Makes little sense to destroy a business for the sake of an outdated and non creative approach to being safe.
I agree. Why don’t we wait until Trump fires everyone at FEMA.And let the states take control of natural disasters. A 25 percent fine to residents of our island.. is uncalled for .
If this has to happen, why not start with the non-producers? Instead of starting with legitimate businesses that pay taxes, pay utilities, employ people and contribute to the local economy go after the non-contributing boxes first OR charge those owners a monthly fee based on what a producing owner is paying. All these “rules” are accomplishing is ill will and loss of income to businesses
Come on people: you would change the rules put people in harms way , jeopardize the discount for the residents of the Island just to allow trailers on the Island. Really. No other area up/down this coastline seems to have so much difficulty following FEMA rules and they seem to be thriving. And when you say it’s only $740 saving you are not accounting for the mega dollars it costs many of the condo complexes on the Island.
For a town not following their own LDC, they really have a lot of nerve poking at anyone else they deem not in compliance!!!
Agreed – picking winners and losers isn’t what Town Council is for -they should be following lead of President Trump and cutting red tape and regulations and reducing the size and scope of GOVT, making it easier and more attractive for current residents and businesses to get back up and running.
The Town is rutterless
With zero leadership , totally inept , unqualified people who are not willing or able to apply basic common sense , critical thinking skills to simplify things . Just another “blob” , out of control Bureaucracy that is aligned against the very citizens it is supposed to serve .
Maybe it’s time to consider going back to Lee County Rule. We will never be the old fort Myers Beach again. Almost 3 years already.
LaOlas Is Time Square. They are the Heartbeat of Time Square! Removing them will literally be a Knife in the Heart and Spirit of the Resilience to Times Square & Ft. Myers Beach. It doesn’t just adversely affect the Business & Musicians, it kills those of us the work so fiercely to support them Post IAN
How about if La Ola moves into Santini Plaza? That would draw people down to the south end and they can visit stores there. That would be a win for La Ola, and win for Santini Plaza.
I’m not a resident…We just come 2 weeks Feb/March but I LOVE that idea!! There is absolutely nothing on our end of the island except CVS and 7 Eleven along with a few stores in Santini plaza. We have no place to go to have a bite to eat or a cocktail without going 4+miles to Times Square. It would draw more people to the south end and get rid of some of the congestion on the north end especially with the bridge being right there. Just my 2 cents worth!
It would still be in noncompliance. Doesn’t matter what part of town it’s in.
Honestly can’t believe how much time and money the town has spent on this…
You want LaOla gone which is in a commercial zone and you are considering a food court at 2500 Estero in a residential neighborhood? Our council makes no sense at all. Keep residential residential. Why would you consider a zoning change for a food court?
Actually that is a commercial lot the Food Truck Park is trying to be developed on.
That lot is commercial and has been a restaurant in the past!
There may have been a restaurant there 20 years ago, but it’s still a residential neighborhood. A fixed structure like a restaurant is not the same as multiple vehicles in an open area with exhaust and food odors, noise pollution, light pollution, garbage, portable bathrooms, increased traffic — the type of business that is better suited to a more commercial environment where it doesn’t decrease anyone’s quality of life.
All I can say is, Times Square is going to look pretty desolate without La Ola there and what reason will anyone have to visit, sure as hell isn’t the pier!
Drama part 20.
How Susie bar sell alcohol from a trailer? Why la Ola don’t bring a trailer and get rid of the containers and end of the story?
Just curious, is the FEMA discount enough for all of the headaches they cause? We, like a lot, lost everything during Ian and got a whopping $740 from FEMA. We were lucky. Thousands weren’t. What benefit is FEMA to the Island? It seems to be they aren’t worth it. Just asking.
They offer $740. How much were there administration costs? We need DOGE!
That amount is the “immediate needs assistance.”
Other disaster relief funds have eligibility requirements, and you’re not eligible if you have flood insurance or it’s not your primary residence.
Maybe it’s time to consider going back to Lee County Rule. We will never be the old fort Myers Beach again. Almost 3 years already.
The current Town Hall can’t not be moved quickly. The island interiors temporary office is a trailer the sale office for grand view is a trailer, the construction office for the new 12 beach unites is a trailer. If one goes they all go.
Why can’t La Ola get rid of the modified containers, which are the reason for the hubbub, and bring in a small food truck/trailer that can be removed by a light duty pickup?
I say the intent of the ordinance is to have a way to remove a temporary food service trailer by being able to promptly remove it in advance of a storm. The Ola design meets this functional requirement. Who cares if it is a “light duty pick up truck” or a larger truck; it does the same thing. Fix the regulation to redefine it and allow small businesses to make a positive difference to the town including residents and visitors. I agree that this is not a good long term plan but allow it for a reasonable temporary period. This is not a good permanent solution for Times Square. If there is an overall plan for the restoration of the Times Square, then Ola should offer a plan overview how they can fit into it in the future. This would be a good compromise. I think smart minds can find a way to allow vendors like Ola to be able to provide their temporary service to the community.
Bill Russell
Other restaurants with drinks are open. Those owners spent the money conforming to the flood rules, which protected those discounts. They are the smart minds.
Wow Lee Melsek, judgy much? Tom is a very smart individual who was pioneering in his design. Attacking people on that level is very inconsiderate and not called for in a discussion thread!
In structures that were not completely taken out! Comparing an apple to an orange isn’t smart. Ed said on Sunday that you deserve respect for your past positions relative to FMB but I say that your constant criticism does not. You constantly sound like you have a bitter axe to grind with the current leadership.
While I personally would hate to see La Ola leave FMB, the town has to look out for ALL of the residents, business owners, property owners etc, when it comes to trying to get this FEMA insurance discount back… I know the price of vacant land on the Island is out of this world right now, but if the restaurant/bar owners really want to stay on the Island, then maybe build a permanent structure and do so, like many others are currently doing. Whatever happens, the Town is in a no-win situation if you ask me.
This all makes no sense to me. Why can’t FEMA think outside the [storage] box?! If it weren’t for La Ola, how many people would actually be visiting Times Square at this point in the recovery process? Why is simple innovation so wrong when it’s been proven to be effective? Maybe there’s another answer besides bowing down to FEMA’s governance….
Cassie ,
One businessman is more important than those 5000 residents’ lower insurance costs? More important than rules designed to protect the general public? You’re kidding, right?
Clearly the residents are not getting what they are very vocally calling for. No to Seagate and a food truck court in a residential neighborhood but yes to a 17-story build for Seagate that is way beyond the LDC guidelines. Thinking outside the box is innovation. Why “can’t” this solution be looked at for a change in FEMA regs? 18 ft up was not “always” the rule, either.
Right on Pam
If the town gets their way and La Ola has to go – what will be any reason for people to hang out at Times Square? It seems like there is a lot of favoritism on this subject. Who’s really behind wanting La Ola, Moms, and others to go? What a bout that mess across the street from La Ola?
He basically thumbs his nose at whatever the council tells him. It’s still sad here without what used to be. La Ola is one thing that has brightened up Times Square since Ian. 😞
Why is Moms on the list when her trailer (is tiny) can be moved by a light duty truck? Anyone>?
I’m interested in learning how the sheriff’s container near Margaritaville and the two shipping containers at Bowditch point are compliant with FEMA regulations. I don’t recall seeing those structures on the noncompliant list.
FEMA is a joke and is being exposed for what they are. How about sense and sensibility… when it is that a hurricane is possibly coming, La Ola exits the island. Regardless of what one wants to qualify it as, it does not put anyone or anything in danger because it is not there during a storm. Period, end of story. Work THAT out between the town code and FEMA.
Look at what FEMA is apparently allowing on San Carlos Blvd at Pelican Bay. Even a huge “house boat” on dry land, that is plugged into electricity. Everything FEMA doesn’t allow is right there 🤷🏻♀️. Makes no sense to be so selective. If one must go, why not this?
Who is Primeau?
The owner of the land on which La Ola is located.
Shudda said when you accept membership in the federal flood insurance program you accept the rules.
The most important part of this article is
“the Town must act in the best interest of the community as a whole and protect its residents through requiring compliance with its floodplain regulations and removal of its probationary status in the NFIP.”
It is ridiculous this situation has gone on this long with a business that rents the space. While the landowner AGAIN is not following the rules.
Why cant they put food trucks/food court in times square ? With absolutely no plans for times square, it seems like a good spot, for now.
Time square is individual private lots.
The real question now is why the town gave this business a permit in the first place and endangered those discounts knowing everything Nancy has outlined now.
Wanna answer that Andy?
Ditto Nancy.
When you accept the money you accept the rules.
The whole time I am reading this article, all I keep thinking is, I can’t even believe the council is even thinking of allowing a “food court” to be put at 2500 Estero.
The La Ola containers are not the same as food truck’s which can be moved with a light duty pickup truck
They are both movable, so what’s the problem?
Food truck courts should require food truck and trailers come daily and leave daily. They don’t need to “stay” so they shouldn’t be considered a permanent structure so therefore wouldn’t need to fall under flood code rules. Kind of like an RV that comes over to the island for the day… is it’s visiting going against flood codes? Will it cause harm or pose a danger to the people and structures around it?