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Advisory board advances resident after-hours fob idea while attorneys probe liability
Summary
Members pushed for a resident-only fob and camera system to grant early-morning and late-night gym access; town staff and counsel flagged FMIT insurance, ADA restroom access and liability risks and will research options.
Chair described a resident-funded offer to install cameras and a fob system that would let Fort Myers Beach residents use the rec-center gym outside staffed hours.
Proponents argued a fob would let residents working off-island access the gym at 4–5:30 a.m. without town staff and would mirror common municipal practices. “There’s not a single person that wants access to these gyms that won’t pay a little bit more money to get in there,” the chair said, noting a local donor offered to pay for initial hardware.
Staff cautioned about multiple concerns. One board member, referring to the town attorney’s early review, summarized liability issues: unauthorized use, medical emergencies, and the risk of people using the facility to sleep or as shelter. Deputy Town Manager Tracy Kohler (present) and staff noted that FMIT and the town attorney had expressed concerns and were researching mitigations.
Members discussed mitigations including resident-only eligibility (Fort Myers Beach address required), mandatory picture IDs tied to fobs, emergency-call stations, cameras, signage and restricting after-hours access to those 18 and older. Several members proposed staffing alternatives (expand hours or one staff plus a volunteer) if liability or ADA constraints proved insurmountable.
ADA requirements created a practical obstacle: the only ADA restroom is in the gym, which complicates locking other building circulation without providing equivalent accessible facilities. Staff pledged to consult FMIT, the town attorney and other municipalities that operate similar systems and to bring back cost estimates for hardware, staffing and monitoring. The board asked staff to draft a fee-line in the fee schedule for an after-hours resident access option and to collect examples from other municipalities for best practices.
No formal action was taken; the board asked staff and counsel to “get to a yes” where safe and compliant options exist, and to return with written proposals that show costs and liability mitigations.
