Town Council - Regular Meeting

thingy. Good morning everyone. We're going to call this meeting to order. Today is Monday, May 4th, 2026. All council members are present, including the town manager, deputy town manager, town clerk, and town attorney. If you please rise for the pledge of allegiance followed by or the invocation followed by the pledge of allegiance.

As we begin this meeting, let us be thankful for every seat that has been filled here today. For each mind and heart that fills the presence of this room, for many old and fast friends, for acquaintances of a brief time, and those whom we have yet to meet, grant us guidance and wisdom. Help us to engage in meaningful, productive discussions that nurture our community as we work together for the good of our citizens and visitors. And let us leave here today with our hearts and heads filled with hope for a bright future. Amen. Amen.

I pledge 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. Next we have the approval of the final agenda. Is there a motion to approve the final agenda? So moved. Second. A motion by councelor King. Seconded by councelor Mlan. Any further discussion. All those in favor signify by saying I. I. Opposed. Hearing none. That motion carries unanimously. Public comment. I have nobody signed up.

Is there anyone? No one. All right. We'll close public comment. That gets us to our presentation from Title Basin to give us all the information and updates we really want to hear about FEMA. Good morning. Good morning. Can you please turn Yeah. First rule is you turn on your technology. All right. When it works.

And it works. Right. Good morning, Mr. Mayor. Good morning, council. Um, I want to take a special moment of privilege and just thank you all for working with us, for your patience, for your constituents patience, uh, working with us and working through the process. You know, there have been a lot of, um, events that have taken us a long time to get to where we are today. And where we are today is a very exciting time. We're here to announce that the elevation grants uh have been approved by FEMA to move forward. And we're actually here today to meet with your constituents, the homeowners themselves. We're having a close meeting with the homeowners to explain to them how we kick this thing off, how we get them moving up, literally and figuratively. So, we're really excited about this opportunity. Um, special thanks to Frankie and and his team of folks that have worked with us. uh Amy Baker, thank you as well uh that have worked with us uh throughout this whole process um you know from the very beginning and of course Will and Tracy, thank you uh for all your contributions. We are excited. We're super excited about this. I want to give you a quick update on the other three grants that we have pending that are hazard mitigation grants. What are hazard mitigation grants? those grants that will help in future disasters to build resiliency for the town. And so, um, we have the mitigation grant, which is the elevation grant. We also have a reconstruction grant. That grant has been approved by FDM, sent to FEMA. When I say approved, conditionally approved by FDM, sent to FEMA. FEMA has completed their EHP. That means their environmental historic review. That's the biggest hurdle of all grants anywhere and they've completed that.

That's wonderful news. Um we are doing some paperwork. We're hoping to hear some good news very soon. I usually don't come to council with optimism like this, but um we'll take it.

Yeah. Yeah. I think you're just you're due. You're you're due. Um we've got a couple other infrastructure grants that are going through the process. I don't really have an update on those, but there are um somewhere around 35 people waiting to hear on the uh the reconstruction grants and we're hoping to be able to give something by the end of this summer. Uh give an update on that. Um why am I not saying sooner? Because I'm, you know, I'm smart enough to know that something can happen with FEMA at any time. Yeah, y'all know that too where they, you know, they can change something. So, let's be guardedly optimistic, but um we're working Robert and I are working our tails off to get this to you all. So, that's the quick update on those. I want to go through this. The elevation grant, we feel it's important that the town know what they're stepping into. Um previous councils have already approved this, so we're not voting on anything today. But for those of you who are new to council, for those of you uh new to staff, I want to kind of go through this. I'm gonna go through the first three slides. There's six slides to total. We'll try to keep it under five minutes. Is that cool?

Yeah. Before you move on, just just to give an update because people that are watching might have never heard of this elevation grant. Can you just give a real quick background of what it was? If you haven't been notified already, you're probably not one of the recipients because you get that question a lot. You know, how did you guys choose that the town the town didn't choose the recipients? That's the truth. So, if you could just give a real quick less than a minute overview of what it was and and how it's it's no longer there and you can't apply for it.

Okay. Yeah. And that's a great great thing. So, the way that the hazard this the formal name is hazard mitigation grant program or HMGP. So, folks at home can go ahead and search HMGP. But those grant funds are released after a disaster occurs. So that whenever, the simplest way to put it is that if FEMA declares that a disaster was, let's use a round number of $1 billion, they set aside 20% of that figure toward future mitigation. And so while the the the HMGP program exists, the um tactics or the projects are all voluntarily uh voluntary projects where folks can actually sign up um to participate. And those um participation time periods are announced. They're published by the town. They're published by FEMA. Uh the town put um notifications out also in the paper um as well as uh through public meetings and um so people were able to sign up based on eligibility and eligibility is uh about a 30 minute meeting we'll have later but but based on eligibility folks continue to metriculate through the process and at the end of the day there are um a select amount of funds a select amount of projects that are chosen uh by uh FEMA. So it has to go through the town then uh Florida Department of Emergency Management and then FEMA. So FEMA says okay this slate we can go ahead and approve. And so that has already happened that transpired um the group of people was actually um began three years ago. Three years. Can you

believe that? um uh after after Ian and so um the the period for for signing up was actually ended I think it was in December of that year. So um in the case of future disasters there will be um additional uh grant funds that are available but that sounds kind of morbid that you're waiting for u for money for a disaster to get more money. That's not necessarily true. FEMA has other programs. One's called brick and that one uh br i br i uh building resilience uh infrastructure for communities. Basically uh the brick program um provides uh blue sky uh projects which the town can also apply for. Um and then so the there's one that just was released uh recently. Um there will be another one next year. that whole program was reinstituted uh by this administration um a few months ago. That that was great news as well. Um there are other programs that grant programs that folks can do with their um through flood insurance. Want to make sure folks do have flood insurance. Number one, they get their ICC increased cost of compliance. That money is available to every policy holder. Um, and then there's uh FMA grants or um NFIP type grants that will help fund uh elevations like this.

Can you get all those grants to staff so they can get that out so people are aware of Yeah, I think that that would be a good idea. We we'll put together something that um will list them all out. I think that's a wonderful idea. Perfect. Thank you. Okay, Robert, you um you I want to introduce Robert Lug. Um I'm I'm here getting all the facetime, but the one that's done all the work is Robert. And um Robert's an amazing um associate of mine who just happens to have a heart for this work. And so um following this meeting this afternoon, we're having this homeowner kickoff. Um and Robert's going to be going through all the steps of how uh we're going to carry this out. Um if you'd like, I can jump into the

Please do.

Okay. So, we'll try to keep this meat and potatoes, but basically um the town did apply for the for the grant. The town was able to publish the list of recipients. Those people volunteered. It's voluntary throughout the process. They can opt out at any time. Okay. Um but the grants were based on eligibility requirements. Um namely, uh cost effectiveness. Every dollar invested needs to have at least a dollar and a penny back. Um, and so, uh, cost effectiveness was graded by FEMA and also by FDA. They had to be environmentally compliant. Uh, we do have one home that is close to the coastal barrier line. And so, um, this it's going to require a special permit. Um, and so we had to go through, um, some issues with FEMA because we can't we can't elevate in a in a Vzone. So, the funding can't be uh in a Vzone. Um they also have to um the homeowner gets reimbursed for their expenses. That's another thing that's key to this because when people uh think of grants, they're thinking upfront money. This is a reimbursement grant. So, um for any and all expenses the homeowner gets reimbured. quick and simple way that the town needs to know. The town uh will either review or have uh Robert and I review the homeowner submitted expenses. We're actually going to help the homeowner submit their expenses, but we'll help them with that. We'll review the expenses and give the town an opinion of whether or not the expense should be reimbursed. The town will go through its checks and balances and say yes or no, it should be reimbursed. At that point, the town works with FDM.

There's a process, an internal control that you have with the ability to uh draw down the money or to seek reimbursement from FDM. Once that's approved, then uh you can reimburse the homeowner for their expense. And this can be done, and Robert's gonna get into the nitty-gritty, but it can be done quarterly, or it can be done as expenses occur, or if the homeowner chooses to, they can do just one lump sum at the very end of the project. All right, let's see. Sorry, I'm might be clicking the wrong thing. Might have to turn it on the side.

Sorry. And what would be a realistic time frame from submittal to reimbursement?

So, oh yeah, that's a great question. So, usually um it takes up to 60 days to get a reimbursement of a verified expense and Rev will give you some of the closeout information, but um typically by the time it's been given to the town, it'll have been vetted by because we're your your um consultants here, we're going to vet this before ahead of time. In other circumstances, it can take to up to 120 days, but we're doing our best to cut a lot of that time out by making sure that everything that's submitted is eligible for reimbursement. So, the town is just essentially acting as a pass through for these reimbursement funds.

You know, I got to be careful about that. Um because it is it is the town that that makes the decision. So, um with your staff, you're going to review as your normal accounting process and procedure. So, we're adding 30 days to to um the uh we're adding 15 days for our review at the front end and 15 days for state review at the back end. And I believe the town would take 30 days typically to review and process the payment. So, that's why that's why I feel pretty confident in 60 days. I know things can happen a lot faster, but um I want to, you know, because we have an a broad audience, I want to make sure people understand it's not an immediate reimbursement.

Well, it's good that they know that's not going to be a three-year time frame either. Well, you I mean, I would like to address that, too, because it took a long time for this grant to get approved. No, I meant just to re I mean another three years for the reimbursement part. It's not going to be like that. Yeah. But I I just I know that there are a lot of homeowners that I mean, let's face it, um money is not not growing on trees as far as I'm I'm concerned. And folks here have been waiting for a long time to get this this funding. And I agree with you. We don't need to make them wait, you know, an incredible amount of time longer. So you're you're exactly right. Sir, can can I ask a question? Absolutely.

Um and maybe Robert's going to cover this. I don't know. But you said the town decides. So I'd like to Yeah. drill down on that a little bit and ask you exactly what it what are those requirements or those steps that are going to fall on my staff. Yeah. To review and approve.

Yeah, you bet. So, we are going to get into this, but I'll go ahead and field your question now. So, basically, all reimbursements go through an eligibility review. So, the homeowner can only submit things that are eligible under the grant. All right. Um, for example, if a homeowner decides to add square footage to the house, that's not reimburseable. Expanding the footprint of the house, um, upgrading uh, uh, flooring, appliances, things like that, those are not approved purchases. This is strictly for the, um, elevation of the home. certain things are covered including ADA compliance um elevating their uh utilities so their connections their AC anything that's outside part of the utilities that that's all included so we go through those steps just to make sure that the town does not receive anything ineligible however once the town receives it you have your normal review process that you go through when you review any invoice is there uh is there an obligation is there a PO is you know what what is but you're also looking um the the town excuse me the grant requires that the homeowner adopt the town's procurement process so that means your process for um finding a contractor to do the work u making sure that the engineering uh the permitting everything's done um all of that you're going to make sure that that happens happens before you will issue a reimbursement.

Does that help answer your question? That does help. But so [clears throat] I I see some procurement and finance reviews, but also some planning and permitting reviews um in there. But I guess the other uh question I would have is is there money in the grant for like program management support for the town like where I can bring somebody onto staff to help with this?

Yeah. So, um, at this point, I believe I'm going to defer some to Frankie, but, um, there is funding there available. And, um, at this point, y'all were, uh, the town was using us to to do a lot of that, uh, work for you, but, the town may opt to to use, uh, funding for, uh, staff time, uh, overtime, things like that. Okay. Thank you. Does that help? It does. Okay. I have a question. I'm sorry. No, no. Um, is there an eligible services list that the homeowners will get

so they know because I'm thinking on some invoices there may be eligible items and then non-eligible items that they should be documenting before they give to you. I don't don't think that you guys should be, you know, looking through the weeds. And we're going to be providing that u this afternoon to the homeowners. Um, so they will get invoices or make sure their contractor gives them invoices with line items, not we'll do this for $200,000, but it needs to be broken down. That's right. Okay, great.

Um, but like let's let's give an example because a lot of folks want to increase the footprint of their deck because you're raising the home. Uh, people like to add decks. Well, the additional deck space would not be uh permitted and included. Therefore, that can't appear on any of the any of the invoices that we're reviewing. Absolutely. Even if they're line item so that they would have to almost contract that separately with the homeowner. So, that those invoices were not included. Right.

We're not telling people they can't do these things. We're telling people that they can't appear uh on the contract that we we're we have to approve the procurement methodology. We have to approve the contract that's issued and then we have to approve all of the invoices that are submitted by that contractor. The procurement process is red flagging for me. I don't know if it is for anyone in the town because homeowners don't go through that type of process. So it's going to be no POS quotes things like that. Um that's that's a whole boatload.

So I have a question sir. when when you say um you can't change the footprint. A lot of times when you lift a house, you're going to have to have a staircase. So, is that is this is the staircase not covered or is it is covered. It is covered. It is covered. It is covered. And so, technically, you are changing the footprint with with the stair staircase. Yes. And by footprint, I mean square footage of the home. Okay. Yeah. Great. Thank you.

Yeah. And um there is another provision in 3 years a lot can change. Uh one of those things is someone may need ADA um type uh assistance in their home uh that maybe didn't plan to before. And that's also a an eligible uh expense uh for folks if there's any kind of ADA um uh assistance needed. So that would be an elevator. It could be. Okay. Great. Could be. I want to be careful about promising things because you know public forum, but I I want to let you know that a lot of these items are included. They just have to go before review.

Could you talk a little bit more about the bullet up there says no federal cost match 25% or more?

Yeah. Yeah. So there is a um FEMA pays the the grant itself reimbures up to 75% of the cost um of of elevating the home. The cost of elevating the home. Here's another thing I want to make sure I'm very um transparent with uh council at this point. The cost was estimated three years ago and submitted those estimates. There were some contingencies, but those estimates were submitted three years ago. You've fast forward three years forward and you know that the prices of housing, construction, everything is has gone up. And unfortunately, we don't have the means to say, hey, um, construct contractors have gone up. But that is going to be a cost that's going to be borne by the project. But going back to this, FEMA does pay up to 75% of that already set in stone um uh project cost. Okay. Then um the non-federal match has to come from um a non-federal entity. Many times that's the homeowner. Um however, the homeowner can seek relief uh in different forms. One of which is would be like a um small business association loan. They can obtain that. They can also obtain uh IC. So if they have um flood insurance from NFIP, then they can get what's called the increased cost of compliance uh fund

and that provides um money that can help offset the cost for this. And that does not fall into um duplication of benefits. That is actually a cost that uh can can help to offset these um the grant cost. Is that only for the 25% match or that ICC can apply to the increase in the overall uh fund max? So the pre-approved homeowners are going to use it to their advantage, but they can use uh the full amount toward the ICC. I think ICC is capped at like I'm thinking back three years ago when I looked at it, but I think it was only 25,000 though or something. I think it's 30. 30. Okay.

Um, knock on wood. Um, I believe they increased it to 30. Okay. I will come back to you on that if I'm incorrect. I I just want to make sure that we understand uh there can't be duplication because we know there's a Florida state program which is separate from this completely. Right. This is the federal FEMA program and if people are in the state program um that we're not talking about that right now. This it's a completely different uh program. And are you you're referring to the Elevate Florida program? I am. Yeah. Okay. Great program. It's also funded by HMGP. Oh, it is. It is. Okay. I thought it was a completely separate program.

Right. Right. So, um there are two homeowners on island that have uh that are participating in that. Um and they are not on the list here. So, there there's no uh duplication uh with that and you're assisting them going through that program, is it? Um my company is my company is and um they it's being run completely differently and um I don't I don't really have an update on that. We're we're um our role in that is a little bit different than our role here. We're more hands-on here with with uh this program.

Fair enough. I just wanted to make sure that we understood the delineation between the two programs. Yeah. Thank you. [cough] same pot of money when the Fed's concerned, but completely different. Okay. Here, I think the town's going to hopefully enjoy this program and hopefully this will be something we do again in the future because um when you start to see when neighbors start to see what's going on from one block to the next, they're going to want to participate.

I I elevated my own home on my own. Um and we're incredibly pleased with the results. Um, one thing that did occur uh is we had a garage. We did not expand the footprint of the house, but all of a sudden the garage got converted into in this case a primary bathroom and a and an office study. Um, would that be considered outside of the footprint or because it's within the existing footprint? I I guess I'm trying to understand the the level of finishing that would be reimbursed in something like that.

Yeah. I I want to be careful not to get too tied to your example because it's a great example, but uh um here's where where we diverge if the garage already exists and the and the roof line already exists and the entire structure is getting elevated. So, you're not going to lose your garage. Um what happens underneath that? We'll have to do it on a case by case study. I see. Um but it it would make perfect sense that it would be enclosable um in that case. Um I don't know that we have any garages on We'll have to come back to you and let you know. It's um it's fine.

They're going to get all the answers that they have to their questions. That's fine. We're going to do one-on- ones with with the homeowners. Uh, and we're going to meet with them and make sure, you know, there's some folks who are no longer going to be eligible simply because of um changes that they want to make or maybe they want to take things into their own hands. Maybe uh this program doesn't appeal to them anymore. That things can happen. But, um, we are committed and I know the town is committed to helping folks with this. Of course,

if if I may just have a few more to get through or I can come back later. It's completely up to you. Um, please note that once the structures elevated, nothing can be built underneath whatsoever. Um, and that's that's very important. There's not going to be any unfinished rooms or anything like that beneath the structure. Um, and that's going to be recorded in the deed

so that future owners will know that they have to do what? They have to a they have to maintain the the free space below the home and b uh they have to maintain flood insurance for the life of the structure. As long as the structure is up, it has to be uh insured. That's a key point that I think a lot of people pay attention to.

Yeah. Um, I think we covered most of this and we covered the ICC. If you're okay, I'm going to skip to the next slide. Um, the owners are going to be the ones responsible. Um, there's different models. Some towns become the project manager if they have a complete suite of staff that are able to to handle that. Um, when looking at this project, it's it's been the recommendation all along and the expectation rather that the the homeowner is going to hire and procure the contractor to make sure that permits are pulled to make sure that um there's a CO at the end of the uh the process um and construction all the construction is going to be reviewed by the town. So the town's taking more of a traditional role that many communities do and that is they allow the the subgrantee. The town is the subgrantee but allows the homeowner to become a subgrantee and to manage their project. Um the way that that happens is they're not constru I'm sorry manage their grant, excuse me. um they hire a contractor, they follow the procurement rules, and they continue to work closely with us and with the town to make sure that all expenses are eligible. Um let's see. There is a close out and Robert's going to get to that. Um I want to get to Robert real quick. Robert, you want to uh I can't see. Yeah,

Mr. Mayor Council, uh, you'll have to allow me to apologize. I can't I don't have my glasses, so I'll [clears throat] be using this to kind of see a little bit better. Uh, basically getting into some of the the crux of the the grant, you'll have uh pre-construction activities that will involve obtaining an elevation certificate and a professional engineer. Basically, the surveyor will ensure that the the structure will be elevated to the base flood elevation plus whatever the freeboard, I believe that's 2 ft here. So you'll be at essentially 14 ft. The survey will just ensure through the FEMA form FF206 FY22152 as you can see uh that it will be elevated to that particular height. Um the structures ability to withstand the process of being elevated will then be um determined by a professional engineer both [cough] contracted by the homeowner as Mark mentioned. Uh some of the reimbursement information that you will see got it. uh eligible expenses are reimbured incrementally or after the project's completion. A lot of the times my suggestion would be every quarter. Um a homeowner would uh submit a payment request. That can be done obviously whenever substantial improvements are made. But again uh the suggestion being every quarter just to kind of keep it truncated and uh in a nice uh way to follow. Um the owners pay for the work as required by the contract established with the contractor. They will go over that with their contractor. to ensure all of the details are outlined uh and clear. The owner will provide invoices and proof of payment. That will be a copy of the check or the check register uh and any uh invoices to the town or to us and we will review that with them to ensure everything is eligible uh and broken out properly. Uh the town will obviously review these requests in conjunction with us. Um forward any um overall payment requests up to FEMA and FM for processing. Uh and the homeowners will receive obviously as Mark mentioned 75% of the

eligible costs. The other 25 obviously they will be responsible for for the close out of the elevation grant. Uh again we'll have to have another surveyor come out. Uh certificate of occupancy and elevation certificate will be uh put out there. Uh verification of flood insurance for the flood insurance policy for the structure will be outlined. uh assigned deed acknowledgement of conditions for properties using FEMA hazard mitigation assistance form must be recorded instructing future owners of the elevation requirements. So as Mark mentioned that will go on in per perpetuity for the the structure itself. Uh property maintenance and non-con conversion of space below the BFE as well as flood insurance requirements will all be outlined. Um the building official will certify through the Florida public codes that everything is compliant and good to go and then photo evidence of that completion and compliance will will be done. We will probably be doing those closeouts uh going out and making those assessments and taking the pictures. You

mentioned the amount of time for that 90 and for the yeah obviously for the the close out you will have it's a 90-day period. Uh that also can be extended for there's a liquidation period for payments. Now obviously that doesn't mean anything can be done afterwards. you cannot uh have the the date of the check after the closeout date, but you can still process the actual uh uh the actual process of paying paying the payment request can be done after that 90 days, but you have a 90-day closeout period for the project itself. So, a quick question about

Sure. what you [clears throat] were talking about, you know, current homeowner or any future homeowner, it it'll be in the deed. How will the town be able to know 10, 15 years from now, 20 years from now when most of us are going to be not sitting up here that something doesn't get missed that this homeowner comes in and asks to enclose or put a garage down below? Is there anything that's going to be in the town system to be able to flag that and say you can't do it because of this? And I only ask that because down the road if someone comes in and it gets missed and then we're back in this FEMA comes knocking on the door, why did you let this house do what they weren't required to do? I'm just wondering if there's going to be any back stop in our system to let us know that this property now cannot have anything added to it below.

So to answer your question, Mr. Mayor, is as we go through this process, it's going to follow the same building process that we normally would do to anybody in this town. It'll all be documented in the property address and put into the notation of that property going forward. So anything that they're doing on that project will be put into a folder. So 10 years from now, people can pull it up in iWorks or Govwell or whatever the system that they're using at the time, pull up that address, see that they went through this program and they're they're uh asked to hold to this, excuse me, specifics of that that project.

Okay. I'm just thinking down the road if mitigation wall comes to f fruition and now these properties can go out of the vzone into something that would potentially allow them to and if that was the case then that particular homeowner at that time could come and ask for those things to to either be adjudicated or moved around to allow them to happen or get a new elevation certificate.

But we wouldn't be asking for anything that we wouldn't be asking for someone building a house or elevating their house like uh Councilman Mlan did on their own. You know, I get that. But what bas what I heard from you guys was that no matter what changes, you can't enclose. I would think FEMA would look at that as you receive this funding, no matter what zone your potential home changes to, you can't do anything regardless. And I mean, yes, you're right. And at that time though, if there was ever a change in the flood zone in the future and they take us out of a special flood hazard area, at that point, those homeowners could come and ask whatever uh rules that are existing at that time. Um, okay. It's I don't know. It'll be a problem. Just something to think about.

So, to piggyback on what the mayor is saying, does that mean that any work being done would just have to follow the current Florida building codes? All all work that's going to be done on these properties are going to follow the same regulations, codes, and ordinances that the town has in place. Yes, that's all you're covered. Can I ask a quick question? Yes.

So, the signed and recorded acknowledgement, I haven't seen the acknowledgement itself. Um, is that because you can sign an acknowledgement and have that recorded, but when you're talking about a deed, there's actually a conveyance of the property. So, is it going to be like at the get-go, at the onset that you would record a document so that the world everyone would know or is does that only happen when there's a transfer? And uh this is this is intended to be uh findable by uh by I think it's the property appraiser um in the in the town uh on their system. So,

but it would be immediate, right? As soon as you get the money, the world and there would be a a recorded document that shows that as opposed to waiting until there's actually a transfer from me to John or something like that. Yeah. And I'm going to make sure that you have that in your uh inbox. Make sure you because that's also important for lenders um that might still, you know, be interested in um loaning money on the property.

Exactly. and and so uh for the for the town's purposes, this will have to be searchable uh on title search, things like that. Um and and I think uh to Mr. Mayor's, uh point um a lot of the um government software that different communities use um when when people ask for um permits, these things do get flagged um a lot of times. And I know what when uh the work that I did in Pasco and then in um in Meckllinburgg and North Carolina, the same they they would have their their system was built to um anytime it get triggers a flood plane review, they have to go through all this and each one of these homes would have to have a flood plane review for any construction work done. Um, last bit of uh, compliance that I think I did not touch on that I want to make sure that I make the town aware of is that the town does have a um, the 50% uh, rule does apply when it comes to uh, substantial improvement. You're very familiar with substantial damage. That's when their damage equals 50% or more of the value of the structure. Well, fit substantial improvement is the same rule, but basically it's not damage related. It's it's to improve a home. So, if a home is 50% or greater improved, then the home has to be brought into compliance. That also includes these structures that are being grant funded. They have to come into compliance if they are if the cost of the elevation is 50% or greater. Do you follow? So the if the elevation of the home the cost to elevate is 50% or greater than the structures value then the entire home is going to have to be

brought into compliance. That's going to include your roof, your windows and your gutters. And so those things are going to have to be uh incorporated. And so when some homeowners hear that, they might have to make a financial decision. Yes, I can still participate or no, I can no longer participate. But that is something that we want to make sure that we're transparent about as well. I think you should I'm sorry.

No, I was just going to say that's a very important point because um obviously hurricane rated windows and sliders and all of those things that need to be upgraded should that be the case are quite expensive. And then the structure of your roof is also a it's those are the big ticket items. Yeah. Um doors, windows and roof. um and to make sure that they are in compliance. Obviously, elevating takes care of the flood compliance, but then you've got wind loads and the rest of the things that you have to worry about, which actually can increase as you go up because you're more exposed. Yeah.

My concern is if you could help me think through this scenario. So you have a home that under the 50% rule they rebuilt and that property was valued at X three years ago, spent all that money. Now their property is valued much lower because property values have gone down the structure, but the land has gone up. So now it would be 50% of the current value of the structure. So, and I'm going to probably defer to Frank Frankie on this one, but um typically it the market does come into play, but it's based on uh where you derive your 50%.

Yeah. So, again, we're not we're not matching apples [laughter] to apples here. So, it it would be as your structure is currently deemed by the property appraiser. So, the property value will be taken at this time, not in the three-year-old mark. So you redid your home. Three years ago it was worth 900,000. You redid it. Spent a couple hundred thousand. Now it's worth a hundred,000 on the property role on the t on the tax role. So I'm just thinking this could throw people right out of

the thing to remember is like like Mark said, the substantial improvement is really no different than substantial damage. I understand that. So, so it's a very tedious line that you walk, but if you if you put that money into it to improve your house at that time, the value of your improvement is still existing at that point. And I don't think it's not on the tax. Well, and I don't think it's going to throw you out based on what you said. It's a 50%

uh repair, not a destruction. So, if if say in your scenario, your house is $100,000 value of today and the cost to elevated is 300,000, you can still get the grant funding. You just have to come into compliance with the windows, roofs, gutters. So, it's not going to throw you out of the program. It's just going to make you have to make a financial decision on whether or not you want that money to elevate your home to bring the rest of your house into compliance. Correct. Okay. Correct. And I'm assuming, councelor McLean, that's what you had to go through as well. you had to um

in in your scenario, you probably likely had to go through bringing bring up the home up to code if if you faced the 50%. Um and that's part of participating in the NFIP and that's part of your um also your participation um in getting the NFIP discounts that you get. All right. Um I know we covered the closeout. Um Robert I'm going to bring Robert back up. You want to just talk briefly about the uh kickoff that we have?

Yeah. So, what we'll have later on today around I think it's 2 2 o'clock, we'll be having the kickoff meeting, we'll just be going over individual responsibilities for the homeowners, uh payment requests. We'll obviously go over the procurement for of the contractors as well. Um I think the biggest thing obviously will be the the payment request. Um we've I've already been in contact with several homeowners concerning procurement of their contractors. they seem to be okay with the idea that we're going forward with. Um, but we will get to those a little bit later. One moment. And we didn't go over the close out at all, I don't believe. Yeah.

So, just real quick, I'm going to go back to the close out. I don't know if you had any questions on that, but just real quick, uh, at the end of it, they'll get a certificate of occupancy, uh, an elevation certificate. Uh the verification of flood insurance policy for the structure will be current and obviously will uh maintain will be maintained for the life of the structure. Uh that signed and ded acknowledgement of conditions will be done. Uh the building official through the town will certify through the Florida building codes that everything was compliant and that you're good to go. Everything was uh elevated according accordingly I should say. Uh photo evidence will be recorded and we will have that in our grant file. You will also have that here at the town records. Um, outside of that, uh, I will be available this entire week after today to go over, sorry, to go over, uh, continued eligibility with each homeowner. Uh, that'll usually be probably around an hour meeting for each homeowner at their home. I'll do a walkthrough of the property and I'll go over any questions or concerns that they have. I've already been doing that in the meantime, but uh, this will be a more inerson uh, visit. Um, ongoing technical assistance will continue obviously and I think beyond that just any questions that you may have. I know that Mark answered a lot of them, but if there's anything specifically on closeout or anything else, just let me any questions?

Nothing. Thank you, Scott. How many homes right now are um in play? Uh, approved in the grant so far. We have 25. 25. 25 with the possibility of one to two dropping out due to eligibility concerns. How I kind of have a question from from the very first thing you said. There's there's a you can't do VE zone and you you have to be behind the CCL. How is there a home above the CCL that's not in a VE zone? I think I think that that I think for that particular home, it's going to be a reconstruction. Um I think that that one is is going to be considered under the re reconstruction grant.

Okay. And then um you had indicated that there may be some people that that for whatever reason don't don't want to do what what h happens to that money that's already been earmarked. Does that just go back in the up the DC or Yeah. So the money was never issued obviously um but it won't be reimbursed um and so that that money can actually go toward something else that um perhaps whether it's for Lee County or whether it's at the state level that the money gets appropriated back to the pool. Um that doesn't say that the town doesn't appeal and seek to find another uh place to put that.

Okay. But I can't I cannot begin to even promise you that anything the town has any control over that. Okay. And then um I have a question for our town manager. Have have you looked with Joe at what what our operational costs are going to be managing this?

No, not we haven't really had a discussion really. It's going to be more of um an H HR and Joe discussion um to figure out you know what uh what the man-hour are going to be. Uh most of the permitting and planning and development costs that'll be absorbed within our staff that we already have. But I'm more concerned with uh the procurement and then the uh the actual just kind of program management of each applicant that the town requirements. So, somebody is doing the quality control checks uh to to get everything uh in in the [snorts] right way to support the resident and uh and get uh uh Mark and his team what they need. So, I that I kind of needed to hear this. Yeah. So, Mark had indicated though that there could be some program.

Correct. Correct. And we'll we'll be uh you know talking more about that. Yeah, there is money in there for this. Yeah. So, okay, great. That's all I have. Thank you, Rebecca. Yes. Uh so, I do this for a living and um daily I do this for a living. So Mark, I'm curious on what role you play at Title Base and uh and your staff reviewing those invoices before they would come to the town. Is it just a sign off on the town or are you expecting the town to do the nitty-gritty? Because I would see that being your job and that the town's job is is less, you know, they're not going to be looking at line items. Yeah,

I know about reimbursements and I know that one mistake can is what takes it 30 60 days. One mistake um puts the town in jeopardy. I mean, let's just be honest with one another. I like to be transparent.

And so we we do we have a a very um bright and talented team, the best of the best. I can sit here and promise you platitude after platitude, but it's the town uh that that's on the hook. Um, and so it's the town that has to make sure that things get carried out well. And I know, well, you've got a great staff here. And I've got an awesome staff, too. I'll put my staff up against anybody. But at the end of the day, um, FEMA, uh, I don't know about you, Will, but I don't like wearing orange myself. And so, um, nobody wants to be in any trouble. I don't I don't mean to be tongue and cheek about this, but um we are going to do absolutely because we're at will with you. We're at will.

We're going to have to do everything that we can to make sure that we continue to earn your business [clears throat] by making sure we give you the right uh recommendations. However, um when it comes to uh the town's relationship to FEMA, the town is the fiscal agent for this grant. I understand that. My question is more specific. Who is auditing the invoices? Title basin or the town? I'm I understand the town is ultimately responsible. Absolutely. I'm gonna answer both. Who's audit auditing them? Both are. Okay.

So, we are responsible to help um listen, we're going to be Robert's going to be uh on somebody's Christmas list because he's going to spend so much time with the family. they're going to be um with one another. Every quarter there's a report that the homeowner has to complete and then that the town will submit uh to the state. So that's two touches. That's working with Will's designate um and then working with um with the homeowner u making sure that that information gets to the state which gets to FEMA. Um then there's going to be reimbursement requests. Like Robert mentioned, we often advocate that they when they turn in their report, they also turn in an invoices. Um, and so we're going to recommend that. There's some home homeowners who are getting separate funding that requires that they get the reimbursement at the very end, so they hold off on submitting everything. Maybe they have a draw system with their bank, their contractors taking draws, and so then they get reimbursed at the very end. That's that's also a possibility. There are other homeowners who just when they have major milestones they uh submit reimbursements. That's also throughout the process. However the reimbursement takes place um title basin is going to my staff are going to sign off and and um tell the town manager we feel that this is eligible these expenses are eligible and we recommend uh formal submission for reimbursement. Okay,

MLAN. So, from what I've heard, I think there's a couple of really critical areas that you guys are going to your firm is going to be supporting the residents to ensure that they don't make decisions that would make them ineligible for reimbursement. Don't make those errors upfront during the process. In other words, the deck example that you can't expand the deck and expect that it's going to be reimbursed. Don't make that error.

Um, so ensuring that they're very well educated to make those correct decisions and that the invoices and the reports that are then submitted to the town are going to follow those guidelines to ensure that so that the level of audit that the town has to do. There's a there's a great confidence that it's been done correctly the first time and I see the towns obviously [cough and clears throat] they have ultimate responsibility but ensuring that the in place permitting processes and those regular reconstruction rules are all followed and done correctly. I think the really key thing that people should be aware of is that 50% rule and bringing everything back up to full code. That's the one area that I think could be a real trap to people.

Um, and I I understand that you understand that. I think it's really important that any participant in this program really does understand the choices that they're having to make um as they go through the process. That's right. If I'm sorry, if I could piggyback on that, would the permits need to be approved first before they spend a dime? I would say don't spend a dime until that part has been approved because you're really risking not getting reimbursed or you start lifting your home and you find out something's quite right not quite right. That would be my recommendation to any homeowner. Well,

counselor, bluntly, um there will be no reimbursement for unpermitted work. Of course, none whatsoever. And so, right, but I'm saying don't spend any money before you have the permits because that would be your everybody's looked at it. You're in full understanding of what it's going to cost you, what the town is allowed, how you fall into your 50%. That actually that doesn't work because you're going to have to spend the money for the engineering. You're going to have to spend the money for the surveys. You're going to have to you're going to have to do all of that. But you haven't started to lift. Correct. You don't pay for a hammer swing. How about that? Yeah. You're not going to We're not going to do anything.

But to your point, um I want I want to make make sure that since this is since the public's going to be aware of these things, we're not asking the town to change any of its rules. You're following your own rules that you already set forth, your own code, you're following your business code. These are all things that um were put in place in order to participate in the NFIP and to get discounts for flood insurance for your uh constituents. And so, um FEMA's really with this particular grant, the only the only out of bounds or or extra layer is the fact that they have to have flood insurance in perpetuity.

That's just a requirement. um as part of the deed, you have to have flood insurance um for for the house. You can't construct anything under the house. Those are the two key construct enclosed under the house. Yeah, those are I think the two

I I was I was flood plane administrator for Monroe and we had the 299 square foot uh below below the surf. You're all familiar with this and those things became, you know, movie theaters and everything else you can imagine. Um this is a case where you know folks are typically our grantees are very happy to be receiving these funds and very compliant with this. Um we have no problem if somebody wants to you know put tile down or instead of um their vinyl or whatever they want to do. But that has to be is it's not covered under this. Um I'm a homeowner. I want nice things in my home too. Um, but what we're not doing, this isn't a home improvement grant. This is an elevation grant. That's it. I know I went through a lot of weeds with y'all and I'm I'm sorry for going through so much, but I'm I want to get back to the fact that I'm excited because this is going to help your community tremendously. Just thinking of 25 homes that you don't have to send uh emergency services to. uh 25 homes that um you don't have to worry about getting uh repered. Uh I'm not going to promise everything. I'm not going to be the showman here, but I do want you to know that I feel a lot more secure in a Fort Myers Beach with these 25 homes. So, I leave you with that.

Great. Well, thank you for your time. You know, seems like Will, you've got some concerns, but you're sharing some of the same concerns I've got. you know, and we've all been rounds with FEMA and we all understand how they how they operate and and how they keep track of things. So, for me, it's important that whoever we have reviewing this from the staff. And if there is money in there to to cover that cost, that we get the best person that we can get to do it to make sure that we don't have, as you said, nobody likes to wear orange. Uh we don't need them coming back and and clawing things back that got missed because we didn't have enough funding to make sure that we had the right person in place to do it. So that's just my biggest concern out of this whole this whole thing. That's right.

Thank you, sir. With apologies to councel King. Sorry about that. That's not really orange. It's kind of pinkish orange. It's not a jumpsuit. Yes. Thank you very much. Thank you.

Next, we have local achievements and recogni or we got local achievements and recognitions. First, we have a PL proclamation professional municipal clerk's week. This is a town of Fort Myers Beach proclamation. Whereas municipal clerks are among the oldest public servants and serve a vital timehonored role in local government. And whereas the clerk's office provides a critical link between our residents and the governing bodies. And whereas municipal clerks have pledged to serve as the central source of information on local government oper operations, upholding neutrality and delivering equitable service to all. And whereas municipal clerks in our community pursue ongoing professional development to strengthen the clerk's office and enhance service to our residents. And whereas it it is appropriate to recognize the accomplishments of the office of the municipal clerk. Now therefore, be it resolved by the town council of the town of Fort Mary's Beach, Florida, that the week of May 3rd through May 9th, 202026 is hereby recognized as professional municipal clerk's week given under my hand and the seal of the office of mayor this fourth day of May 202026. Amy, I think this is for you. Is it not?

Thank you very much [laughter] and Jason. and Jason and Lizette. [applause] Thank you. And Lizette, you guys want to get a picture or anything? I think you should. Yeah, let's Is Lette down here? Lette is not here today. Well, Jason, we'll get you and Jason up in the We couldn't run this place without these guys. No. Camera ready. Your camera's ready. Looking at you guys. It looks so wonderful. You don't have to lie to be our friends. That's okay.

It's perfect. Thank you so much. Thank you both.

All right, Councelor Kane, we'll start with you. I have nothing. Scott,

I'd like to give a shout out to Tam Pigot who um is going to be retiring from the VCB next month and just her service has been invaluable. I mean, like every everyone else, she was going to retire a couple years ago, but Hurricane Ian, she she decided to to stick with her her job and and she did a tremendous job getting the county back on its feet. Um, it's not official, but it looks like 1.5 million people came through our airport in the month of March. If you wrap your head around those numbers, it's incredible. And she has a lot to do with it. Um, I've known her for a number of years and she's she's always, you know, treated everyone, whether you're a big hotel, small hotel, big business, small business, um, with equity and and grace. And I I'm going to really miss her. But on another note, Pamela Johnson's going to be taking over from her and she's actually been with the county longer than than Tam. So, I think the the county's in really good hands, but I want to thank Tam for her service.

Very good, Rebecca. Yes. Um, I wanted to thank the Kowanas and the goods. the beach elementary PTO did a beach cleanup and I thought it was interesting that um the Kowanas gave them money for supplies and then of course Graham gave all the kids ice cream which that always helps go clean up. But um they said that the top three things they collected were cigarette butts, plastic bags, and soda cans or cans I should say. So I think it's uh good timing for what we're going to be looking at today. So, thanks to those folks.

Thank you, Council McLean. Um, I just want to, I guess, thank um, Friends of the Mount House for a really wonderful, uh, evening that we had two weeks ago. Uh, it was very well attended. Um, there's an awful lot of great depth and history. Um, it's it's very important. uh not just an institution symbol. It's it's the gem of what we have. It's a very unique cultural historical um uh place and it's got a great deal of support on this island and I'm so happy to be um a part of it. So, congrats to them. Great event.

Very good. Well, everybody's covered most mine. The only one that's left, I think, is uh to give a special thanks to Don Miller and the total what's up FMT FMB team for working so hard to get the fireworks back with the town for the 250th anniversary of our great country. So, a lot of great work and thank you to Ann and his name slips my brain all of a sudden. Her and her husband were the final donators that actually put it over the top. I got a good chance to talk with them yesterday and they're great people that are residents. they own a property here on the island and couldn't couldn't uh sit on the sideline, so they put it over the edge. So, thank you to the What's Up FB team and looking forward to July.

All right. Next, we have uh advisory committees, items, reports, and appointments. We've got Jennifer Rusk here for Murf. Come on up. Good morning, Jennifer Rusk, uh, Murf and, uh, full-time resident. Do you mind if I pass these photos out to all of you? Not at all. Thank you.

Thank you, Jennifer. Good morning. Thanks, Jennifer. You're welcome. Good morning. Thank you. It's amazing. Truly amazing. How many turtle me? Yeah. And it's a water. Oh, wow. Not a leather bag.

I don't think I have any more packets, but for yourself. Yes. So, Jen, I had asked you a question and let's get for public record. How many turtle nests do we have?

So, we have one nest, my understanding, and it's a logger head down at the um north end, sorry, south end of the island. Very exciting. It actually came up way before our season started. So, just a reminder, close your drapes, have uh wildlife friendly lighting, fill in holes, pick up garbage, take care of our island for our wildlife. Helps with our tourism, helps with our economy, and uh so any help from the community and visitors is very much appreciated. With that being said, I'm extremely frustrated. So, you're going to hear some frustration in my voice, and I don't like to come and complain. I always like to come and give you guys good news and happy news, but I'm frustrated today. And the packet that I actually handed out to you are photographs of a construction site on my street. And we have lots of construction sites.

Okay. But how is this a MURF report? This is not a MURF report. This is your personal complaint, which probably should be public comment because we had a MURF report at the last council meeting. Does anyone uh wish for me to hold off and talk under public notice or Well, I guess to councelor King,

this actually has something to do with the marine environment. So, um no, it has something to do with our committee. I just didn't have time to address the committee, but I wanted to do this under the committee MURF so we could have a conversation, but I'm I'm definitely would like to respect the council and their wishes. Well, I if you want to talk about specifically what it is that this has to do with Marine and then come up a public comment and and state what it is that you have an issue with, but if you want to just stick to what specifically this has to do with MURF. Well, it has something to do with the marine and environment.

Okay. But shouldn't it have gone to the Murf committee first then? Yeah. So, let's let's just do this. How about if you give this to us in the public comment? That way, it's on record if you still want. I have to go to work, so I'm probably not going to You already had public comment, correct? This morning. You have one at the end of the meeting. We will have one at the end of the meeting. Yes. Yeah. I won't be able to attend. Have you Have you submitted this stuff to the staff or made a formal complaint to the staff? Uh actually last week I did because we had a piece of uh equipment that was blocking our street for 3 days and I reached out to staff then. Okay. But this is a continuous of issues.

Yeah. I think that I think the the appropriate course were to take this issue to MURF and then you can bring it to us or someone from MURF can bring it to us if it once it gets vetted through your entire committee. Um or again talk about this in public comment. That's fine. You have the pictures and I think they speak for themselves. Thank you. Thank you, Jennifer. All right. Next, we have approval of the minutes from the town council meeting on April 6th, 2026. The management and planning session from April 8th, 2026, and the town council meeting from April 20th, 2026. Is there a motion to approve the minutes? Mayor, I've got some corrections. Yes, sir.

Uh, got a slew of them. So, beginning with the April 6th public comment, Chris RLE King is R I E D L. And with that change, I can now go home later this afternoon. [laughter] Uh Sam Lurri is spelled L U R I E. San Carlos Bay Sale and Power Squadron should be S A I L, not S A L E. [snorts] Moving on to ordinance 26-07, smoking and vaping. Public comment. It says Seagate Plaza. That should be C Grape Plaza. Special event permit requested titled Glow by the Gulf. I welcome back Danielle Rambour, not Daniel Ren. April 8th M&P meeting minutes. Uh, presentation shoreline protection due diligence protection study wavewall. Page four. Council member King asked if the team is considering a 500year event or a 100-year event. I asked if Ian is considered a fiveyear 500-year event or a 100year event. And then on the 420 minutes, Friends of the Moundhouse check presentation says Katherine Clark. That should read Katherine Clark. K L A R. And with that, I will move unless there's any other corrections.

Scott, any Rebecca only that the town council April 20th was not microphone. Um, just that the uh town council meeting April 20th was not marked as a draft. That's all. John, I have nothing further. Okay. Got a motion by councelor King. Is there a second? I'll second it. Second by councelor Mlan. Any further discussion? All those in favor signify by saying I. I.

Opposed. Hearing none. That motion carries unanimously. That brings us to our consent agenda. We have three items all relating to extension of local emergencies. We have resolution 26-082 through 26-085 for an extension of local emergency tropical storm Debbie. Resolution 26-86 through 26-89 for the extension of local emergency for tropical storm Helen. And resolution 26-9 through 26-93 for the extension of local emergency for tropical storm Milton. Is there a motion to approve the consent agenda? So move. Motion by Vice Mayor Safford, seconded by Councelor Link. Any further discussion.

All those in favor signify by saying I. I.

I. Opposed. Hearing. None. That motion carries unanimously. We have nothing that was removed from the consent agenda. That brings us to our public hearing. The first is ordinance 26-07, smoking and vaping. This is a legislative agenda item and is the second reading and final public hearing on proposed ordinance 26-07, an ordinance of the town of Fort Myers Beach, Florida, amending section 18-30 of the code of ordinances of the town of Fort Myers Beach, Florida to prohibit smoking and vaping in the town's public parks and in county parks and beaches located in the territorial boundaries of the town, defining the terms smoke and vape, excluding from regulation unfiltered cigars and providing for complex sever ability and an effective date.

Excuse me, Nancy.

Thank you, Mayor. So, this um proposed ordinance is before you on second reading. Um this would be its last stop if it is adopted today. Um just a bit of background. Um the area of smoking regulation is preempted from um local governments. uh you cannot regulate that because the state has quite a um legislative um scheme for the regulation of smoking and vaping. However, um recently in 2022, um the Florida legislature did carve out an exception to that preeemption, which allowed for um cities and counties to regulate smoking within the boundaries of any public beaches and public parks that they own. Um however, they could not further restrict the smoking of unfiltered cigars. Lee County adopted an ordinance in 2025 that would prohibit smoking and vaping in county parks. There are a couple of county parks um located um in the town of Fort Myers Beach and the way that the legislation has been drafted um the town could also regulate um smoking and vaping in those county parks as long as it's not in conflict with what the county has proposed. So, the draft ordinance that was heard by you on first reading is not in conflict with uh what the county had proposed. Um, and in my opinion, it is uh compliant with your ability to regulate um as uh provided for by the state the Florida legislature. Um, however, at the meeting on March the 5th, there were a couple, excuse me, the first reading on April the 6, there were a couple

questions that came up regarding non-filtered and herbal cigarettes. Um, and the question was whether or not those could also be exempted. And I did a little bit of research and no, we cannot exempt those because the preeemption to the state is pretty absolute and the only u exemption that they have given us is for the non-filtered cigars. Um, also there was reference made to an additional park. I erroneously called it Newton Park, but it was actually Crescent Beach Park and that was um added to the ordinance on page 106

106.

Um and so the way that that um subsection F is is drafted is to identify the county parks which the town would still have the ability to regulate. However, it doesn't include I mean it it does include but it doesn't identify by name um the uh parks that are owned by the um by the town. There was also some um discussion at first reading regarding signage and I did run across um some sample signage of of how the uh Penllis County has uh educated its public about uh smoke-free beach environments. That's on page 122, 123, and 124. So that is the followup to the items that came up at your first reading and um at your discretion uh to adopt this on second reading and um enact it for this town.

Councelor Mlan, questions or will did you have anything you needed to add to that? Nothing to add. Okay. Thank you, Nancy. Anything? Uh I don't really have any questions. Thank you for doing the research into what we are able to and unable to do. Um, a comment I guess it was I I really like the educational nature of the Penllis signs that are helping as opposed to just saying I can't smoke. There's a reason and those signs depict the impact on the environment etc. So I I I really it's a comment. I really like those signs. Rebecca,

I have to agree with John. I like the signs that educate at the same time and I also like the signs that show a fine. And so I would put it out there that perhaps we follow what the county is doing. Um they escalate $100 for the first, $100 for the first fine, 200 for the second, and $300 for the third. Not that we could enforce it, but I think it lets people know that we do take it serious. and having that on the sign woke me up. That's it. I guess the question I have with that is, do we already have a fee schedule or we'd have to put that in the ordinance? I I don't

Well, it depends on how um it's going to be enforced and typically I believe it would be enforced by a citation. um code would have to once this gets adopted, assuming it does, um code would have to evaluate how they are going to go through and enforce it.

Well, refresh my memory. Do we have anything for just general littering? I mean, that's essentially what this is about is is to keep cigarette butts and stuff from Do we have any I don't know if anybody can answer that. I know it's kind of it just made me think about it as we were talking about it as you brought up. If there's nothing in place now, well, we have to then put something in place to I I don't remember ever seeing anything when it comes to littering, but maybe that's something we need to look at because it's all-encompassing, I think, of what this intent of this was.

We'll continue. Do you have anything else? Continue on. No, I I would just say if it is the county, maybe the county would help us with the signs and also the enforcement since it is their area and it would be in line with their fines. Just a thought. I'm not sure how that would how that would play out. Grace Scott. Yeah. I also like the cigarette butt thing below the sign so people Yeah. Yeah. Just toss those in there. Yeah. I think that's it. That'd be a great addition. That's all I have. Okay, John. Nothing.

Yeah, I don't have anything else other than the sign. I think everybody seems to like the signs. And maybe do some research into what I think not specific to smoking to me. I think it would be more important to have something if we don't already have it in for maybe even even to add to that if another cylinder for the the vape. I don't think you want to be throwing cigarette butts and vape things in the same container, but maybe consider having a receptacle for for vaping

supplies. All right. Public comment. Anyone care to speak into public comment? No. All right. We'll close public comment. Bring it back to the council for any further discussion or a motion. I'd like to move to pass. Accept. I'll second. Got a motion by councelor link. Seconded by councelor king. Any further discussion? Councelor link. I. Councelor King. I. Vice Mayor Safford. I. Councelor Mlan.

I. I. Well. That motion carries unanimously. Next that brings us to our administrative agenda. The first item is an approval of a special event for the town of Fort Myers Beach Fourth of July parade and fireworks on July 4th, 2026, including a parade on a sterile boulevard beginning at Bay Oaks to Old San Carlos Boulevard from 9:30 a.m. to 12:00 p.m. and a fireworks display from approximately 9:15 p.m. to 11:30 p.m. including use of the town's rightway associated road closures and waiver of the town's noise ordinance as requested by the town of Fort Myers Beach and subject to approval by the Fort Myers Beach Fire Control District, Lee County Sheriff's Office and all required agencies. Town manager,

thank you, Mr. Mayor. No real changes to u how the events have occurred in the past. We're just uh very grateful for the support and uh you know from uh the organizations mentioned previously in the meeting what's up FMB and uh partnership with our uh other agencies around the town. So this is just approval. It's been through initial reviews to allow us to continue our planning over the next couple of months to make this a great event. Okay. And if somebody wants to be involved in the parade, reach out to Jeff, I assume, or No, Neil. Neil and Nora. Neil and Nora. Yep. They're handling the uh the parade. Norah's handling everything. Uh kind of synchronizing, but was like, "No." But uh

his eyes got real big. Neil with the with our public uh information office has already been advertising the application process for the parade. Uh so if anybody has any questions, they can reach out directly. Perfect. Any questions for staff? Councelor McClan? No. Rebecca? No. Scott? No. John? Nothing. All right. Is there a motion to approve the special event for the Fourth of July fireworks show and parade? I'll move to recommend going forward for the great celebration of 250 years. Second.

Okay. Got a motion by councelor Mlan, seconded by councelor King. Any further discussion? Well, if you can pull some magic and maybe get one of those flyovers, that would be kind of cool. No pressure [laughter] though. I'm working on it. No pro no promises. Someone mentioned fat elements. You [laughter] know some folks it might end up being a kite fly over but uh but I'm working it. All right. All right. He's taking flying lessons. [laughter] Councelor Mlan I. Councelor King. Hi. Councelor Link. I Vice May Safford. Boom.

And I'm an I. [laughter] I'm an I as well. That motion carries unanimously. Next is resolution 26-095. A quick clean deed to Vidallen. A res. This is a resolution of the town council of the town of Fort Myers Beach, Florida, approving the conveyance of certain surplus real estate by quick claim deed to John S. Vidalion and Carol T. Vidalian, authorizing the town manager to execute said quick claim deed according authorizing all appropriate town officials to take all necessary actions to effectuate the conveyance and providing an effective date. Will or Nancy, anyone want to give any

I think this Frankie, this one came through you. If you want to give the background um and I can supplement uh as far as what I know about it. Good morning, Frankie Kapra Community Development. Um basically this is uh sort of like what uh Kevin and Kathleen Turner brought to you a few months uh six months or so ago. Uh it's that little sliver of property belonging to the town between the seaw wall and their backyard. In this case, it's swimming pool just like it was with the Turners. Um, and it's just a small little incumbent that uh when the town was platted uh and they dug the canals afterwards, they weren't as precise as maybe we are today. Any questions? Uh, councelor King for Frankie or staff?

Nothing. Just a quick note. Uh, at that time we talked about um possibly bring them back one at a time. I know that there's at least two others in the queue as well that'll be coming to you in future months. And the staff, I assume, has no objection to this request? No, sir. Not at all.

So, I want to point out two things. Uh, one that this is quote unquote surplus property to the town. There is no immediate need for the small sliver that um is being identified to allow the property owner to make whatever um improvements that they need to fortify their their property. The other thing I do want to point out as well is that the conveyance is by a quick claim deed. Um, meaning that there are no representations or warranty that the town actually has an interest in that little sliver because of the fact it is uh water part of a water body. uh to actually pinpoint whether or not what the degree of the town's interest is would involve extensive litigation. Uh very costly and time consuming. With the quick claim deed, the town basically uh is no longer a party. in the event there's any kind of claim made by the state or by the federal government that they have some type of ownership in interest in that the town is absolved itself and is not a party to that. So I think those two points are important to to understand this is not a giveaway of of town property.

Good Scott. Any questions? No, we've been talking about this for years. I think it's it's good practice for the town and and for the homeowners. Sorry. Rebecca, I have a quick question. Frankie, um, does the plat get redrawn? I mean, would if you pulled it up, you know, on the road, would you see?

Well, we're looking at like the platted properties as technology increases and we get better GIS and things like that, you'll see a little bit more precise view, but to councelor Superich's explanation there, these are very minute uh infractions that when you're doing a precise survey on the property, it's not allowing that that homeowner to maybe have that where their seaw wall is. They own the seaw wall, but they don't own maybe a foot coming down around a triangle uh into their backyard or in this case uh precluding somebody from finishing a pool. So, it it's really hard to discern as technology increases. To answer your question better, yes, we'll get a be able to have a little bit more precise, but the homeowner didn't have to do a survey or spend any money.

No, they they had an existing survey put together by their pool company and that's when it was discovered that they were out of whack. Okay. So if anyone listening happens to fall into this category, this change is not difficult. It's not just contact me and we'll we'll walk through it. Thank you. We have uh one of these in one of the properties I own as well. It was about three foot back. We also discovered it during a pool. So thank you for for cleaning that up for us. Yes, ma'am. John, no questions. Thanks, Frankie. Uh motion.

Yeah. Is there a motion? Sorry, I was reading ahead. Is there a motion to approve resolution 26-095 quick claim deed for uh to Vateline? I'm happy to move that forward. Mayor. All right. Got a motion by councelor Link. I'll second. Seconded by councelor King. Any further discussction discussion? All right. Councelor Link. I. Councelor King. I councelor Mlan. I vice mayor Saffer. Hi. And I'm an I as well. That motion carries unanimously.

Next is resolution 26-076. It's an approve of an agreement with Opulent Outlines LLC RFQ-26-02- A. This is a resolution of the town council of the town of Fort Myers Beach, Florida. uh approving an agreement between the town of Town and Opulent Outlines LLC under RFQ-26-02- A for the Fort Meyers Beach Engineering Architectural Services Bay Oaks Community Pool Rehabilitation Project in a not to exceed amount of $135,000 authorizing the execution of the agreement by do you want it says town manager but I believe that's going to be a scrivener's error and providing an effective date. um the town manager was scratched out and it would be the mayor in that position.

Correct. That correct, Nancy? Yes, that is correct. And also we would make the same um minor change in section two. Got it. Okay. Well, Mr. Mayor, after after completing the negotiations with Opulate Outlines LLC, I'm satisfied with all the details and uh and conditions uh within the agreement to recommend approval to you and the council today. Okay. Councelor King, any questions for staff? Funding comes from I can answer that. CDBG. I knew somebody would. CDB. Thank you. That that has already been approved. Correct. Yes. Thanks, Scott. Always steal my questions, [laughter] Rebecca.

I have nothing. No questions. This is a good day. Uh, councelor Mlan, no questions. Great to move forward. The only question I have would just be a rough timeline of once this contract is put in place to when we could start to see potentially some visual things or the the the community could start to see potential renderings of what it could be or is it too early to tell? Four to six months uh under this one and the design and engineering. We should have some some good products uh to show uh council and the community and then from then move on to the next steps.

Perfect. That's all I have. If there's no other questions, is there a motion for resolution 26-076 to approve the agreement with Opulent Outlines LLC for RFQ-26-02- A? So moved. Got a motion by councelor King, seconded by Councelor Link. Any further discussion? Councelor King. Hi. Councelor Link. I councelor Mlan. Hi. Vice Mayor Safford.

I as well. That motion carries unanimously. brings us to our last administrative agenda item which is resolution 26-093 award of ITB-26-10-EN for Ostero Island Canopy Restoration. This is a resolution to the town council of the town of Fort Myers Beach, Florida, to award ITB-26-10-En to Tidewater Landscape of Florida LLC as the lowest responsive and responsible bidder to complete the Astero Island Canopy Restoration Project authorizing the town manager to execute an agreement between the town of Fort Myers Beach and Tidewater Landscape of Florida LLC subject to legal review and expanded budget funds on behalf of the town providing for an effective date. Good morning, Chad.

Hey, good morning everyone. Chad shoots town of Fort Myers Beach. Uh so we uh were lucky enough to get this grant from FDAX. Uh it's been a while um with all the uh storm. I'm sorry, what was that acronym again? FDAX, uh Florida Department of Agricultural and Community uh Consumer Services.

Thank you. Um, so 74 trees uh will be uh uh we have Royal Palms and maybe some orange geers for on North Eterero and uh Bay Oaks and uh plenty of street accesses or beach accesses on the parking lot side that we have spots for trees. Uh we'll favor the flowering trees um where we can. Uh there's a uh tree list in there if you uh want to go through the species or have any questions about them. Um and then also we years ago, I think with Dr. Tracy, we had talked about putting in uh some uh trees over at uh the elementary school, but uh given uh that that's kind of in flux, um I know Mount House wanted some fruit trees, so we may do some fruit trees over there. I think this grant uh allowed for that. So, we'll confirm that with FDAX that they're okay with with any changes that we had in the original grant as it's been some years. And um once we get it uh the warm and fuzzy, we'll we'll start digging.

Council McLean, questions for Chad. Uh I guess just about the list that's 289 on the packet. You mentioned um royal palms and orange geiggers and then the fruit trees that are not included in that list. That's what you're going to ask. Yeah, we need to negotiate with the um Tidewater and see if he can get those. Um you know, if not, we'll look for another opportunity to get the fruit trees there. Okay. Thank you, Rebecca. Yeah, Chad. Um on Astero Boulevard, do you have any idea where you're thinking of trees? Is it something that people are going to really start to take notice of? Sure. So, this is on North Asterero. Okay.

Um where where it's our boulevard, so to speak. Um

so, uh we had Royal Palms there before. Uh a lot of them uh were either destroyed or uh damaged and those have been taken out. So, we'll probably be planting roughly in the same spots or or take a look and see um just with the wires there and and what the lay of the land is there just wherever we have opportunities. I think it's about 18 royal palms that we found spots for. Um maybe not as big as everyone would like, but we have some size constraints with this grant. So, they'll only be 25 gallons. So, I'm already anticipating the uh underwhelming uh feedback that we may receive. So, but we just we have our grant uh criteria that we have to satisfy for the size of the trees. So, we'll get them in as big as we can and water them plenty so they grow.

Great. Any additional green that we get on the island always feels wonderful. That's it. How big is a 25gallon royal? Like five feet, six feet if that. Uh I'll have to get back to you on that. Okay. Yeah. Yeah, probably John. Not a question as much as an observation that each price of these trees are coincidentally 575. That's interesting. You are correct. I know. I read. [laughter] [snorts] No question. Just observation. Just the observation. Okay. Thanks, Chad.

Y'all are welcome. Is there a motion for resolution 26-093 to award of ITB-26-10-en for a sterile island canopy restoration? I'll move that forward. Okay. Councelor Mlan has got a motion. Seconded by councelor Link. Any further discussion? Councelor Mlan. I. Councelor Link. I. Vice Mayor Safford. I. Councelor King. Hi. And I'm an I as well. That motion carries unanimously. Brings us to our final public comment. And unless you want to say something, Chad. All right, we'll move on. Town manager items.

Thank you, Mr. Mayor. Council, um go over a few things. So, councilors, get ready, you know, get your uh get your minds ready for Thursday's M&P. We're going to be doing strategic planning and uh continuing on in the strategic planning review process. We're getting very close to completion on that. So, there's uh the staff has done a lot of hard work on uh on what you're going to see this Thursday. So, we need your uh guidance and feedback on that and uh and we'll fill it out. May the fourth be with us. And that's at 9:00, right?

That's at 9:00 on Thursday. Correct. Uh we'll be doing it right down here all around a table together. Um Fort Myers Beach Elementary. I'd like to get just give an update. Uh Fort Myers Beach Elementary. So, it's my understanding uh my last discussion with the deputy superintendent that uh it's the [clears throat] agreement in principle that he and I uh um met at or you know ended up at will be on the workshop and uh if everything goes well in the workshop on May 12th, it'll then be forwarded to their agenda that same day. Uh so very hopeful that it actually does happen that way. Uh and I just look forward to that. We'll be following it. Anybody in here in the community has a chance to attend any of those meeting meetings, speak on behalf of the town, uh we highly encourage uh that as well. We think we've uh made a lot of progress and really hopeful uh that uh the school board can see uh the benefits of that uh agreement in princip principle for both uh Lee County Schools and for the town of Fort Myers Beach. Uh we uh this Friday uh the Chamber of Commerce Garden Party, we we look forward to that as well. Wanted to just say, you know, that's uh there's a lot of good people that uh do great things for the town uh that will be recognized on that day uh that we're partners with throughout the community. So, look forward to that. We had a great state of the town uh last week here uh a new new HR uh initiative uh that we um take some time as a staff for uh for myself and and the directors to give an update to the entire staff on how things are going and and how how their hard work is having an impact across the town uh and for for everybody involved. So, and also a great opportunity to recognize excellence um staff members that have gone above and beyond uh during that day. And we had a great day this this last week and we'll make sure we'll look forward to doing more of those in the future about once a

quarter and uh make sure that we get it on everybody's calendars so everybody's aware uh when we're going to be doing that. We're doing interviews right now for emergency services director started this past week. uh got a lot of interest, a lot of great applications and a lot of interest in that position which I'm very happy for and grateful. Uh makes it makes it a challenge to go through those because a lot of good applicants within that interest. So which is a problem I like to have. Um so myself, HR, the deputy town manager and uh Tom Yazo has agreed to help us out in that search process as well. So that has started and will continue for the next couple of weeks uh and hopefully narrow that down to a limited group for some inerson interviews in the near future. To answer the question from before, there is a littering fine of $50 uh first time uh in the town that is in our, you know, our our fines right now. It's $50 and then it progressively goes higher the amount of time that it's not remedied,

you know. So if it's an on the spot type thing and they remedy it right away that our code off our code and rangers will handle that in appropriate condition. If they're issued a notice of violation um for the smoking or vaping at this time uh if they are issued an NOV then that would be something that would go to the magistrate for the magistrate to decide on what the uh what the fine would be. We currently do not have a fine. something that I could we could discuss maybe in in future discussions and if the council wants me to go forward with that we can consider maybe adding it to our uh fees schedule um going you know coming up and then finally uh north of the traffic [clears throat and cough] light at North Eststerero and Old San Carlos if everybody didn't notice or didn't see the notifications that that uh some of the preconstruction work has already started um and uh they're [clears throat] they're going to be moving forward with nighttime construction construction activities to get that light up and running hopefully by the end of summer. So, nothing further, Mr. Mayor.

Okay. Tom man or town attorney items. So, no specific legal um issues to share with you. However, I do want you to know that there's a lot of things in the pipeline. Um as we get towards um the last meeting in June, there's a lot of reviews and and things that'll be coming forward to you that I'm working with staff on. Okay. Council member items and reports. Councelor Mlan.

Um I had the pleasure of attending the state of the town quarterly and I want to commend the town for um continuing the outreach both internally and externally in ensuring that everybody understands what's happening and the great progress that's being made. So uh I just wanted to recognize that. Um, I want to commend you for continuing to improve that level of communication and it was a great event. There was some really great uh recognition of town employees and uh and it was very well managed. So, congrats. Nice. Becca.

Yes. Um, one of the things that I wanted to bring up for consideration is, um, I'd like to suggest that we schedule perhaps an M&P meeting on how we could evaluate public benefit, um, as part of the decision-making process that we have. I also think it would be good if we could include the LPA in that discussion. Um, I'm not talking about tradeoffs or quid proquo, [snorts] but um, how we actually evaluate, make sure it's consistent and transparent. So, I think that would help the counselors, the LPA, and even the applicants understand how we look at public benefit and determine value. So, um, just a something I'd like to throw out there. Okay, Scott.

Uh, yes. I attended the uh TDC workshop uh regarding the uh coastal um dollars. Uh looks like we're in nothing's for sure, but most everything that that Jeff and Frankie applied for was approved uh except for the moundhouse. Um unfortunately, the TDC is not going to be able to talk about that until June. So, uh, this meeting, uh, Commissioner Pentagrass is not going to be there, uh, next Friday, next Thursday. So, they're going to, they tabled that till, um, the June meeting. Um, I'm going to be attending that meeting. Then I'm also going to be attending the FLC leadership, uh, program up in Orlando on next Friday. So, you guys should uh, take a look at the IEDC, the for for new um, counselors. It's a great great program. I believe it's in June. Um, it's through the Florida League of Cities. Amy can get you the information, but it it's great. You It's for newly elected officials. Um, and

and what is it called again, Scott? I DC. It's called emu emo something like that. I mo I'll send you information. Anyways, it's great. It's so it's it's all the newly elected officials from out the 400 odd municipalities. So, you get to meet other people. you get to, you know, talk about, you know, how how their council works, you know, it it it's really good. It's a two-day thing. They they do they break out into groups. Um it's really really invaluable. So great.

I'm once I I there's two actually two programs and then I'm going to the third one which is for graduates of that. So it's good it's good good to stay connected with other um you know municipalities. I know after the hurricane uh Milton, I I had some some council members from some of the northern cities reach out to me that I had met and looking for guidance. So, it's it's good to, you know, check out and see what's going on with with other communities, see how we can, you know, look at best practices and and, you know, be better. Sounds good. So, that's all I have. All right, John.

Uh, couple things. One's an observation again. Um, I think it's ironic that a school district that's complaining about losing students and enrollment is now willing to give up the enrollment of the beach. U, so that's just an irony for me. Um, also we've had a lot of committee openings lately which jarred my mind about uh something I serve on for the uh for the c town. Uh, the Lee County Metropolitan Planning Organization has a citizen advisory committee. In the past, we've we we are allocated one seat and we've had trouble filling that. I haven't done a very good job of following up on that for for at least a year or so. But if anybody is interested, um please contact the town. Um it's a monthly meeting in Cape Coral. Usually about the first Thursday of each month, the citizen advisory committee members make recommendations to the metropolitan planning organization board about project priorities for state and federal funding and FDOT's 5-year work program, proposed long range transportation plans, project plans, program plans, and other transportation issues. So, u maybe our PIO could also put out some information on that on our social media channels. That would be uh much appreciated. So, thank you for that. Uh lastly, my May 4th joke uh went over like a bomb. Uh so I'll move on to uh so what some consider to be a big deal with Cinco deio. Um it's my 36th wedding anniversary tomorrow. Uh to Chris RLE King, that's R I E D. And just wish her a happy anniversary.

Very good. Um I just have a couple things. The first is the citizens of distinction award hasn't been presented since hurricane Ian. Um obviously we know many residents have gone above and beyond to do things since hurricane Ian. The original deadline was March 31st and uh we need more time to to be able to put it out for applicants. So asking council to ex to extend to June 30th. I think that would give enough time for people to be able to go get the applications that can be found on the mayor and town council website or on that page of the website. So, I'm just asking for support for staff to be able to extend that to June 30th for applications. You have my support. I'm I'm in agreement with it.

All right. If we can get something out people know that it's out there. Uh, and then the other thing is with all the talk, I know Will, you and I have discussed it, but I think it's going to be important for us to try to stay ahead of what potentially will come down the pipeline for this homestead tax. Um if if staff I know Joe's obviously extremely busy, but if we could have some kind of framework brought maybe back to an MMP of what it could potentially look like to us and what services it could potentially affect so that we can get ahead of the conversation so that whatever comes out of the June special session, we're as prepared as we can be to be able to address it so that people have time as we go into the budget season of September to know, you know, this based on this, this is what's probably going to have to change. um so that we can at least have the discussion ahead of you plan for the worst I guess if everybody's okay with that. I mean, not that I want to put more work on you and your your staff, but I think this is extremely important data to have to be ready for um and hope for the best.

No, no, no issues, Mr. Mayor. And I I we've been leaning forward on this as much as we can, and I've been talking with uh my colleagues and the surrounding communities. We've all been discussing this and its potential impacts. What we're doing here internally is uh I had Jason reach out to our lobbyists up in Tallahassee. We're going to try to have a meeting with them this week so they can tell us from their uh from inside the hallways of Tallahassee what they think are the most likely um proposals to go forward. And then and then what I'd like to do is is put some uh impacts of those proposals in specifics to to all of you um to show this this is what that uh would look like to the town of Fort Myers Beach and some recommended mitigations uh for that. I think it's you're absolutely right. It's our due diligence to do that and then I think good good idea maybe start it in a M&P discussion and then u go from there.

Okay. Mayor, for anyone watching, could you give us a little update on what it is you're you're talking about here? What's the potential? Well, for those at home,

I wish I could tell you an answer to that because it's changed so much. As everybody knows, there was a bunch of bills that were proposed. Where it seems to be at now is the House seems to be on board with some version of it, but it's stalling out in the Senate. the governor has put out there there's probably going to be a special session specific to the tax reform revolving around homestead properties potentially. Um it seems like the more news that comes out the more it seems to be funneling down into potentially a phased thing or specifically uh pointed at homestead properties versus all property taxes. Um, I don't think that that's going to probably get any legs. Um, but again, we never know, you know, as we saw with the red redistricting MAC, it was a it came out at the last minute and it was and it was passed very quickly. So, I I would assume that this is probably going to be in that same boat. But, you know, I think we have to be as prepared as we can because that will have a significant uh change in how we govern

or how we're going to be able to govern, not just us, but Lee County. Um, and it could, I hate to say it publicly, but it could potentially put our CRA discussion in, you know, in flux. I mean, it there's a lot of things that could come from the decision, if there's a decision at all. So, we need to stay on top of it as much as we can. Thank you. All right, with that, John. Well, I'm going to be a little sheic by saying a rumor has it and it's getting late. Time marches on, just can't wait. The clock keeps turning. Why hesitate? You silly fool. You can't change your fate. With that, we'll move to a journ. Any objection? We are adjourned at 10:47.