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BUYER OF DOWNTOWN DISCUSSES PLANS - 10/14/09

COUNTY APPROVES KEENES POINT "CANOE" RAMP - 1/4/10

WINDERMERE FINALIZES BUTLER BAY PARK DEAL - 03/09/11

COUNCIL QUESTIONS APPROVAL OF BOAT DOCK AND MAY COUNCIL RESULTS - 05/10/11

WINDERMERE JUNE TOWN COUNCIL MEETING RESULTS - 06/14/11

WINDERMERE GIVES BACK TO ONE OF ITS OWN - 07/23/11

NEW TOWN MGR TO START IN OCTOBER - 08/31/11

WINDERMERE APPROVES 2011-12 BUDGET - 09/22/11

BUTLER BAY PARK ON HOLD AND OCTOBER COUNCIL RESULTS - 10/11/11

BUTLER BAY PARK MOVES FORWARD AND NOVEMBER COUNCIL RESULTS - 11/08/11

WINDERMERE BALLOT HAS ONE REFERENDUM AND NO CANDIDATES - 11/23/11

PINE STREET PAVING APPROVED AND DECEMBER COUNCIL RESULTS - 12/14/11

BUTLER BAY PARK UPDATE AND JANUARY COUNCIL RESULTS - 01/10/12



		News: Top Stories Windermere considers leasing Butler Bay facility By Kathy Aber After unanimously agreeing last Tuesday to complete the Phase One plan for Butler Bay Park, the members also voted 4-1, with Council Member Jim O’Brien casting the dissenting vote, to advertise a Request For Proposal to lease the park building and tennis courts. The first phase includes resurfacing the tennis courts in February for use in March, as well as finishing the concrete and sidewalk work, resuming electric service for security lighting and making the necessary outside improvements to conform with requirements of the Americans with Disabilities Act. The estimated cost for this and previous work done in the park is $22,333, which is less than the $25,000 funding the town received along with title to the park. In December, the town manager had received a proposal to lease the building and tennis courts in the park. After reviewing the proposal, the town attorney, Tom Wilkes, advised the council last week that entering into a lease with exclusive use of the park property by a commercial vendor would require a land-use change. He and Town Manager Rob Smith recommended against such an arrangement and had drafted a Request For Proposal if the council decided to advertise for a lease of the facility without exclusivity. They gave examples of public facilities with similar arrangements, such as the city of Orlando’S management agreement at Dubsdread Golf Course and Orange County’s contracts with bicycle shops along the West Orange Trail. At Dubsdread, the company operates the pro shop and schedules tee times and uses of the golf course,ā€? Wilkes wrote in his report. “However, the management is ancillary to the property use as, and does not change the principal use of the property from, a public, municipal golf course.”€? Wilkes went on to explain a “Management contract would have to be written so that the principal or primary use of the property did not morph from public park/tennis/recreation to a commercial-tennis business to conform with the current county zoning of the property.” After extended discussion, the council agreed to advertise an RFP that would not trigger a zoning change. “If we proceed with an RFP, we don’t have funds to fix the facility,” said O’Brien. “I’m with Mr. O’Brien to get [the park] opened up,” said Council Member Mike Pirozzolo. “We’re spending legal dollars, and that’s not where we want to go.” “If there is some mechanism to fix up the building that wouldn’t exclude residents, then I would certainly be in favor of it. But if there are none, then I’m in favor of tearing it down,” said Council Member Richard Irwin. “It would be irresponsible not to explore some kind of tennis shop or person on the premises,” said Council Member Norma Sutton. Council Member Molly Rose said, “We can explore it if it doesn’t cost a lot of money, but I don’t think we’ll find it.” In discussion, the town manager reported that the Parks and Recreation Committee voted to withhold $8,000 in funding that previously was designated to resurface the Butler Bay Park tennis courts until the council determines if it will lease the facility and how that might affect the use by town residents. The committee had raised the funds at its 5K run event with a commitment for public park improvements. Three residents spoke to the council about its plans for the park. Greg Plouff, a resident on Lake Butler Boulevard, reminded the council that the park is a “very valuable asset.” He predicted the town could make money at the facility and said at least two other businesses, the YMCA and Body Coach, are interested in using it in addition to the tennis professional. He also suggested fundraising to deal with the financial concerns. “I think you’re doing the right approach,” said Plouff. “Let’s see what we have.” Second Avenue resident Thellie Roper criticized the council and the town manager for how they spent the funds received with the title to the park. “[The town manager] made sure the money was spent on everything else but the building,” said Roper. The council responded that the improvements are required to bring the park up to ADA standards before it can be opened to the public. “I think it would be irresponsible to tear that building down,” said Roper. Anne Fanelli of Marquesas Court argued the council has overestimated costs for repairs to the building, saying it “needs minimal work.” She said the building should be saved because “the town is hurting for meeting places.” “We need that building. Tearing it down is wasteful,” Fanelli said. The council directed the town manager to prepare and publish the RFP. Smith said the deadline for submissions would be Feb. 4 so that council could consider the options at its meeting Feb. 14. In other business, the council: - approved a contract cost of $23,491 with Michael Galura Engineering Consultants for engineering and construction administration required for repaving Main Street from Fourth Avenue to the northern town limits’ 7,215 linear feet of milling and resurfacing. The paving budget is $125,000. If the work is done in phases with a shorter overall length, the expense will be reduced accordingly. - passed two resolutions to amend the town’s retirement plan to accommodate the contracted positions of the town manager and police chief. - voted unanimously to allow a curator from the Orange County Regional History Center to log and document various historic documents the town has. The curator will inform the town which items are suitable for storage at OCRHC so the council can consider an agreement to address storage, security and accessibility for town residents. Prior to the decision, town staff consulted with the Winter Garden Heritage Foundation on this matter and learned that the facility does not have similar options for storage at this time. Staff will continue the dialogue with WGHF. - learned that there are open volunteer positions on several town boards ā€” Development Review Board, Historical Preservation Board and Tree Board. Interested individuals should call the town office at 407-876-2563. - unanimously approved a bid of $7,100 with Sommer Sports for race timing and event services for the Windermere 5K Run Among the Lakes on April 14 and a contract with Transit Design of $5,944 for T-shirts, also for the 5K run. - published a list of upcoming town events: Arbor Day Celebration, Jan. 19, at 10 a.m.; Windermere Treebute, Jan. 21, 10 a.m. to 4 p.m.; Primary Election and referendum on 1890 Schoolhouse, Jan. 31; Elder luncheon, Feb. 7, 11:30 a.m.; Town Council meeting, Feb. 14, 7 p.m.; Windermere Auto Show, Feb. 25; downtown community yard sale, March 17; Easter parade and egg hunt, April 7; Windermere 5K Run Among the Lakes, April 14; Windermere Rotary Club Festival Among the Lakes, April 13-15, Elders Luncheon, April 17; and Dine on Main, Friday, April 28.

		News: Top Stories Windermere approves Pine Street paving By Kathy Aber The Windermere Town Council unanimously approved a proposal at last week’s meeting to pave Pine Street. The plan is funded and designed by Pine Street property owners to resolve various drainage issues. The council directed staff to draw up a legal agreement with the residents and bring it back for final council approval in January. Council Member Mike Pirozzolo suggested the terms of the agreement should minimize town costs for items such as legal and supervisory fees. In the discussion, Council Member Richard Irwin asked if the project would help improve the water quality in the Butler Chain of Lakes. John Fitzgibbon, the town’s stormwater project engineer, said it would absolutely control turbidity into the lakes. Irwin also asked the staff to review the recent paving of Down Yonder Lane for lessons learned while drafting the agreement. Council Member Norma Sutton said the privately funded project would save the town money and will enable it to get to other stormwater projects sooner. Council Member Molly Rose suggested that a brown-colored paving material could be used so it would aesthetically resemble the town’s other dirt roads. A year ago, the Pine Street property owners had received tentative approval for the concept when they initially presented it to the council. Subsequently, they formed a partnership called Pine Street Paving LLC, and 13 of the 23 property owners have agreed to fund the project for less than a half-mile of paving and drainage work with a contract price of $232,700. The proposed work has been reviewed by engineer Fitzgibbon; Craig McNeal, Windermere’s director of public works, and Town Manager Robert Smith. Gibbs and Register of Winter Garden is the proposed contractor under a design/build agreement with Hubbard Construction doing the paving. During last week’s council meeting, two of the LLC partners, Tom Johnson Sr. and his son, Tom Johnson Jr., gave the council an extensive overview of the work the residents had done to address various aspects of the plan. Johnson Sr. said the project would assure that rainwater that falls in the street will stay in the roadway as redesigned with a reverse crown. Right now, he said, the stormwater travels down the driveways and into some garages and also runs off directly into the lakes. The team also described a series of meetings with residents on the street to address questions, such as traffic flow and emergency access during construction, resodding of lawns, relocating utilities and mailboxes and protecting trees in the right-of-way. Since the road surface material will be a three-inch-thick, porous asphalt material, it would not require a stormwater permit from the South Florida Water Management District. The cold mix asphalt allows water to partially run through it to decrease runoff. In addition, stormwater will be redirected into retention areas and a 15-inch pipe will be installed under the street to connect with a catch basin at Second Avenue. This work will be completed under an existing stormwater permit. The contractor anticipates a four-month construction period. Several residents questioned some aspects of the project. Karen Fay, a Pine Street resident, said paving the entire street is not necessary. “I think it loses the character of the town, and I don’t know why we can’t live on a dirt street,” said Fay. Oakdale resident Jennifer Roper also questioned whether the entire length of the street needs to be paved. “I think there may be other ways to do it without paving the whole road,” she said. “We’ve done a lot of pipes under the streets.” On another matter, the council continued to discuss the disposition of the building and amenities at Butler Bay Park. Town Manager Smith gave a detailed PowerPoint presentation on four options for the park along with related costs, including opening the facility to the public, opening to the public but holding off on the tennis court improvements, offering a commercial lease of the tennis facility and demolishing the clubhouse. After lengthy discussion and input from a number of residents, the council voted to proceed with the concrete work, access improvements for compliance with the Americans with Disabilities Act, sidewalk repairs and resurfacing and restriping the tennis courts. The tennis court repairs won’t take place until mid-February when the weather is warmer. Staff and the town attorney will review the proposed commercial lease for a tennis operation, and the council will consider that option as well as the building’s status in January.

		News: Top Stories Qualifying period ends for municipal elections Windermere ballot will have 1 referendum, no candidates By Kathy Aber When the candidate-qualifying period closed last Friday in Windermere, only three residents had stepped forward for the three open positions, so a Town Council election will not be required. The terms for Mayor Gary Bruhn and council members Richard Irwin and Norma Sutton are expiring. With no opposition, the mayor will begin his fifth term in 2012. Incumbents Irwin and Sutton chose not to seek re-election. Two newcomers, John Armstrong, 11201 Windermere Road, and Richard Gonzalez, 103 W. Second Ave., were the only residents to qualify. All council seats have two-year, unpaid terms. According to the Town Charter, the new council members will be sworn in and take office at the council meeting following the election on Feb. 14, 2012. The town election, usually held in March, had been moved to coincide with the Presidential Preference Primary on Jan. 31. While there will be no election for council members, residents will still go to the polls to vote on one referendum question: Shall the Town Charter be amended to require the 1890 Windermere Schoolhouse to remain at the historic location where it was originally built at 113 W. Seventh Ave.? The referendum question was prompted by a Town Charter amendment petition dated March 16, 2011, and signed by 214 qualified electors as verified by the Orange County Supervisor of Elections Office.

		News: Top Stories Windermere to open Butler Bay Park in December By Kathy Aber The fate of the recreation center in Butler Bay Park is still undecided, but the Windermere Town Council is moving ahead with plans to open the park next month. The council voted unanimously to spend $20,863 for the repairs and improvements required to make the park and tennis courts available for public use as quickly as possible. Major items include resurfacing the tennis courts ($7,737), minor building repairs ($1,500) to prevent its further deterioration, concrete work at the entrance ($2,000) and modifications to sidewalks ($3,000) and striping and signage in the parking lot ($2,000) to meet ADA requirements. The council had voted in September to demolish the building and open the park. During the October council meeting, residents Thellie Roper and Greg Plouff persuaded the council to postpone the demolition at least 30 days to allow them to look for ways to reduce the cost estimates and possibly find donations to help with the project. Roper, Plouff and Dan and Anne Fanelli came to last week’s meeting prepared to present new renovation estimates for the recreation center along with a proposal from a commercial client that is interested in leasing the building. Town Manager Robert Smith said he had not had time to thoroughly evaluate the information and the lease option. He recommended the council could move forward with the outside work and defer discussion of the plans for the building until next month. Smith said he would compare the new information with the recommendations and reports previously prepared by staff, the Long-range Planning and the Parks and Recreation committees and other consultants and review the lease offer with the town attorney and, then, bring back options and budgets for the council to determine what to do with the building and establish a future strategy for the park. In other business, the council: - tabled a request to reopen Fifth Avenue at Pocket Park after listening to a number of residents who opposed the street opening and presented a petition signed by 78 individuals, also against the action. - adopted three ordinances. The first restricts convicted sexual offenders from residing within 3,000 feet of a school, childcare facility, park, playground, designated public school, school bus stop or church; the second amends the process for obtaining a stormwater fee credit; and the third revises the sign ordinance. - held a first reading of an ordinance to clarify persons allowed to use the town tennis courts and clarify annual court use fees and rules pertaining to private lessons on the courts. - on the recommendation of staff, agreed to cancel its contract with Alcalde & Fay for lobbying serves at a cost of $5,000 a month. The firm had offered to reduce its fee by $1,000 a month. Town Manager Smith told the council similar services could be provided at a lower cost by a grant-writing firm and he would bring an RFQ for these services next month for consideration. - approved a bid of $8,556 from Varsity Courts Inc. to resurface and repair the three town tennis courts on Main Street. - voted 4-1 to grant a variance request for a sign at 428 Main St. (Windermere Market LLC) to Bob Williams that included a waiver agreement that would not transfer the variance to future owners of the property. Council Member Mike Pirozzolo voted against the variance. - reappointed former Town Council Member Tom Johnson to serve on the Orange County Community Action Board as an alternate to Council Member Norma Sutton, who continues as the town’s regular appointed representative. - under the consent agenda, approved one banner sign for Christmas Eve services at First Baptist Church Windermere from Dec. 16-25 at the northern end of Main Street, an election facility reservation agreement, the annual community service project for Windermere Preparatory School, a right-of-way use agreement for Windermere Downtown Property LLC, the Historical Preservation Board’s grant application submission for a historical marker for the 1890 Schoolhouse, proposal and budget for the annual Arbor Day celebration and Treebute and the agreement for the 2012 vote processing equipment agreement and election services contract for municipal elections.

		News: Top Stories Windermere puts Butler Bay Park project on hold By Kathy Aber The Windermere Town Council agreed last Tuesday to postpone its plan to demolish the main building at Butler Bay Park for at least 30 days. Second Avenue resident Thellie Roper asked the council to consider saving the building, saying citizens should be given the chance to raise funds to renovate the 2,900-square-foot facility. Last month, John Fitzgibbon, an engineer and chair of the town’s Long-range Planning Committee, estimated the cost to restore the building and park to useable condition at $250,000. At last week’s meeting, Frank Chase, a resident and member of the Development Review Board, presented a bid package to accomplish the plans adopted last month that included demolition of the building along with the other work required to make the park safe and available for public use. The overall cost is $40,090 for surveying the property, installing a new electric meter, trimming trees, obtaining an asbestos survey, removing the building, repairing concrete, fixing and installing fences and repairing the well and tennis courts. Council members told Roper their first choice was to renovate the building but with its deteriorated condition and extensive termite and rodent infestation the cost became too prohibitive. Council Member Jim O’Brien said, “This could be saved if we pump all of our available funding into it and seal the building. We won’t be able to open the park.” The council agreed last month its goal was to open the park as quickly and safely as possible. Both the Parks and Recreation and Long-range Planning committees endorsed the plan to demolish the building, and, during the discussion, Craig McNeal, head of the Maintenance Department, held up a thick report containing evaluations of the park by two engineers and McCree Construction that the council considered in its decision to raze the building. Roper said if the building is torn down the town will never replace it and that would be a great loss. Another resident, Greg Plouff, argued the renovation estimates are too high. “Everybody wanted to save it”, said Council Member Molly Rose. “This wasn’t a jump to tear it down.” “Tearing down the building became very clear to all of us, looking at all the options,” said Council Member Richard Irwin. Plouff offered to head a citizens’ group to reevaluate the costs and look for private partners to finance the work. Chase asked the council to authorize funds ($1,851) to install separate electric meters so the residents of the adjacent neighborhood would be able to use well water for irrigation and for the asbestos survey ($725) to expedite moving forward with the original plan if the citizens’ effort is unsuccessful. The council approved those expenses and agreed to postpone major work in the park for 30 days allowing Roper and Plouff time to formulate an alternative plan, including private funding to implement it, so a thorough discussion could take place at its November meeting. In other business, the council: - considered holding a special closed-door meeting with attorney John Connor, who is representing the town in a public records lawsuit set for a December court date. Council members Rose and Norma Sutton had talked with the attorney and suggested each of the other members have a phone conversation with him instead of calling a special meeting that would require a court stenographer. Rose explained the law firm is not really looking for input from the council, and the members agreed individual phone conversations would be the best way to handle the discussion. Town attorney Tom Wilkes said the suit would go before Ninth Circuit Judge John Kest the first week in December. - discussed a request from resident Margaret Krass to have a streetlight installed on the corner of Main Street and 13th Avenue. Since this was the second request for a streetlight, the council decided to make a survey of the number and placement of all lights in town and the cost of electricity and come up with a policy with input from the Long-range Planning Committee. – - approved a logo design and official name for the Historic Preservation Board and authorized the board to prepare a grant submission to fund a sign for the 1890 Schoolhouse. - accepted a contract with Municipal Code Corporation for $15,000 to edit, index and publish in print and electronically the town’s codes. - approved a proposal for $13,732 for engineering design services followed by a request for bids as quickly as possible to implement drainage improvements on 915 W. Second Ave., a property that is at the center of a lawsuit against the town. - held a first reading of three ordinances. The first restricts convicted sexual offenders from residing within 3,000 feet of a school, childcare facility, park, playground, designated public school, school bus stop or church; the second amends the process for obtaining a stormwater fee credit; and the third revises the sign ordinance. - after a second reading, voted to approve an ordinance setting the Town Council elections on the same day as the presidential preference primary in years when these are held. The next election will be held Jan. 31, 2012. Qualifying is open through Nov. 18. - considered a petition to reopen Fifth Avenue at Pocket Park presented by Wendy Ellerbe. Council Member Irwin, who is the liaison for Streets and Roads, agreed to investigate the effects of the proposed change and bring back recommendations. - authorized the Police Department’s budgeted expenses for flooring, $8,006; Motorola radio conversions, $14,042; a storage shed, $4,815; and a contract with Pitney Bowes of $338 a month for 60 months for evidence accountability software. - approved the cost of design, permitting, bidding and post-design services to implement for drainage improvements on Ridgewood Drive not to exceed $8,782. - agreed to a change in the town codes regarding use of the town tennis courts and authorized a fee of $1,500 to create a website for the Parks and Recreation Committee with an additional expense $48 a year for outside hosting of the website. - voted to allow the staff of Windermere Elementary School to use Town Hall on December 13 for a discounted fee of $100 and to discuss revisions to the Town Hall use fees for non-profit organizations next month. - learned that the Development Review Board had a preliminary discussion with Jim Karr, developer of the downtown business district, but to date, no plans have been submitted. - awarded a $400 one-time payment to Town Clerk Dorothy Burkhalter for additional responsibilities she has taken on during the last six months. - authorized Windermere Union Church preschool to hang one sign near the roundabout at Park Avenue and Maguire Road to announce its pumpkin patch sale.

		News: Top Stories Windermere approves budget, tax rate increase By Kathy Aber The Windermere Town Council unanimously approved a budget total of $4,059,782 for Fiscal Year 2011-12 during a final budget meeting last month and adopted a millage rate of 3.7896. The fiscal year started Oct. 1. At 3.7896 mills, the town portion of the tax bill for property in Windermere assessed at $250,000 and no homestead exception would be $947.40. This is a tax increase of $116.93, or 14.08 percent, over the rolled-back rate of 3.3219 mills, the equivalent of the 2010 millage rate. The largest revenue items are $1,904,059 from property taxes; $285,000 from gas and electric franchise fees; $321,000 from gas, electric and water utility fees; $317,445 from sales taxes; $91,956 from gas taxes; $84,419 in revenue sharing; $259,500 from solid waste collection; and $250,000 in communication service taxes. The largest expense items are salaries for all departments of $990,200 and health insurance of $270,600. Other significant items include $245,000 for legal services, $250,000 for solid waste collection, $197,975 for fire coverage from Ocoee and $234,000 for debt service for street improvements. Funding for capital improvements is budgeted at $150,000 for road resurfacing, $35,700 for new equipment for maintenance and two police vehicles, $25,246 for new finance department software and police department improvements to the evidence room ($32,000) and driveway ($24,500). In the Parks and Recreation budget, $25,000 has been set aside for Butler Bay Park with another $11,000 to resurface the tennis courts on Main Street. Overall, the budget provides $113,632 in contingency funds. More details on the fiscal year budget is available on the Windermere town website, www.town.windermere.fl.us.

		News: Top Stories Windermere’s new town manager to start in October By Kathy Aber Windermere’s search for a new town manager ended last Tuesday when the council inked a contract with Robert J. Smith of Winter Garden after a unanimous vote. Smith will begin his new job Oct. 24 under an initial three-year contract at an annual starting salary of $92,000 plus benefits and a monthly allowance for the use of his personal vehicle and cell phone. The contract spells out Smith’s duties and responsibilities, requires an annual performance review and specifies that the town manager must live within 30 minutes travel time from Town Hall and be present in town during disaster or emergency situations. Mayor Gary Bruhn told The West Orange Times on Monday: “I believe Mr. Smith shares the same vision for our town that I and our council have. I look forward to working with him toward that vision.” Smith has been city manager in Wildwood since February 2009. He had been the Development Services director there for three and a half years before being appointed acting city manager in October 2008 on the retirement of his predecessor. As the Development Services director, he coordinated all land development within the city, including overseeing annexations, coordinating utility projects, negotiating developer agreements, interpreting zoning and land-development regulations and updating Wildwood’s Comprehensive Plan. Council Member Jim O’Brien, who led the contract negotiations to hire Smith, shared his thoughts on the new town manager with the Times on Monday: “First and foremost, Smith was the consensus selection of both the volunteer search committee and the Windermere Town Council. For me, personally, he demonstrated two key strengths in his role as town manager for the city of Wildwood, a pattern of consistent leadership and integrity and the ability to make difficult decisions while maintaining the respect of residents, staff and elected leadership.” In his application letter, Smith wrote: “Since the downturn in the economy, I have reduced the city’s budget from $17 million to just under $10 million. I succeeded in doing so all the while not lowering the level and quality of service our utility customers and citizens have come to expect.” O’Brien said he also expects Smith’s experience working with the Wildwood Police Department and his ability to analyze and find efficiencies in complex budgets will serve the town well moving forward. In addition, as a West Orange resident, Smith has a good understanding of the community and the potential benefits of working with Windermere’s neighbors in West Orange County and his experience as an attorney and land-use planner provides a good balance of skills for a smaller town like Windermere where the town staff needs to be very diverse, said O’Brien. Smith went to high school in Clearwater and graduated from Florida State University in 1999. He completed a law degree at Barry University Law School in Orlando in 2003 and is a member of the Florida Bar Association. From 2002-2005, he worked as a trial attorney in the Office of Public Defender in the 9th Judicial Circuit.

		News: Top Stories Windermere gives back to Criswell By Lauren Bucher Bill Criswell dedicates his time to providing wounded veterans with houses, and in response to his generosity, his friends, neighbors and the town of Windermere united Saturday for a day of service to honor a man who works tirelessly on behalf of others. The Rotarian and Windermere resident gained notoriety in the community for his efforts as co-chairman of West Orange Habitat for Humanity’s Home at Last project, which provides housing for severely wounded war veterans. “It was overwhelming,” Criswell said. “This old house became a new house. I’ve lived in this house in this town for 49 years; this town has been good to me. Nothing like this has ever happened to me in my life. I can’t find the proper words to express my appreciation.” George DuBois, Criswell’s neighbor; Jim O’ Brien, a Windermere council member; Tom Stroup; and the town of Windermere coordinated the event. “Bill Criswell has provided three homes for the Home at Last program for Habitat for Humanity for severely injured war veterans,” Gary Bruhn, mayor of Windermere, said. “Here is a man who is dedicating so much time and effort for returning war veterans, and we think it’s probably time that we do something for his home.” Criswell began working with Habitat for Humanity after his wife passed away 14 years ago. In 2007, he proposed a housing program, Home at Last, to Habitat for Humanity specifically for permanently wounded veterans, and, so far, the organization has provided housing for three veterans in West Orange County. Criswell’s passion for the mission of the Home at Last program motivates him to work on behalf of veterans. “It’s just the right thing to do,” Criswell said. “These young men and women put their lives on the line for us. These are young people who are 19 or in their 20s. It’s an honor and privilege to play a small part in helping these disabled veterans to restart their lives.” O’Brien said he hopes the day of service will become an annual tradition for the Windermere community. “Honestly, the gentleman gives and gives,” O’Brien said. “He spends all this time working to get a house for veteran, so they can have a roof over their heads with their families. He coordinates these efforts and works on them tirelessly.... He is a standout individual.”

		News: Top Stories Windermere’s attempt to settle lawsuits rejected By Kathy Aber In the past month, two Windermere representatives, attorney Rick Mitchell of GrayRobinson and Town Council Member Jim O’Brien, met with plaintiff Andrew McCarthy in an attempt to resolve his four pending lawsuits against the town. Town Attorney Tom Wilkes, also of GrayRobinson, said he and Mitchell had discussed the cases and he recommended the Town Council approve a “global” resolution of all the cases during the council’s regular meeting last Tuesday. The council voted unanimously for the settlement offer as presented by Wilkes, but McCarthy’s remarks following the vote showed the two sides are not close to resolving the cases. Five lawsuits were filed by McCarthy during a 30-month period from February 2009 to May 2011. The Florida Municipal Insurance Trust (FMIT) handled the fifth lawsuit, the second of two public records cases, and settled it in March by paying McCarthy $5,100. Of the four suits still pending, the first case alleges flooding damage at McCarthy’s residence on Second Avenue that is owned by Faye Stanford. The second is an alleged public records lawsuit. The third is an alleged federal civil rights case, and the fourth is an alleged Sunshine Law violation. The FMIT is defending the flooding claim, the public records case and the civil rights claim. Town attorneys are handling the Sunshine Law case. In the settlement offer recommended last week, the town would install drainage structures identified in an outfall study that includes McCarthy’s home and remove the asphalt berm on Second Avenue in front of his home. He also would be paid $5,000 by the FMIT. In the agreement, McCarthy would give the town easements necessary to complete the drainage work, dismiss the remaining four cases (with prejudice) and agree that each party would bear its own legal costs. In his explanation of the settlement, Wilkes said the drainage work has been part of a list of the town’s capital-improvement projects but not of significant priority to warrant funding. The cost is estimated to be $55,000. Because of a dispute between the town and FMIT over which legal team was responsible for defending the second public records case, FMIT has agreed to reimburse the town for half of the cost of the drainage work. Before the vote at the meeting, Wilkes did inform the council that McCarthy indicated during discussions with Mitchell and O’Brien that his offer to settle the cases included payment of his attorneys’ fees, which he said are $100,000. Following the unanimous council vote, McCarthy responded to its settlement offer: “I don’t at all feel comfortable with the easement situation.…The offer is several orders of magnitude” too low. McCarthy said he is willing to continue the dialogue with each council member individually but not in a public meeting setting. “He’s not dealing with us in good faith,” said Mitchell in response to McCarthy’s request at the meeting. “It’s time for him to become a good citizen and put these matters to bed.” On another matter, the council reviewed the status of the recently acquired Butler Bay Park on Park Avenue. The 9.4-acre lakefront park includes a 2,900-square-foot building, three lighted tennis courts, paved parking lot for 40 vehicles and a fishing pier and bridge to a small island in Lake Crescent. The facility has an estimated market value of more than $2 million. The town acquired the park from the Butler Bay Master Association in March and also received $25,000 to start the renovation work. In preliminary budget work, Mayor Gary Bruhn had asked for $75,000 to be set aside to renovate the park and adjacent facilities. Council Member Norma Sutton asked resident Don Greer, a retired engineer, to assess the building and estimate potential costs to renovate the facilities. During last week’s meeting, Greer told the council the cost of repairs is between $100,000 and $150,000 and described the main building as a “big liability” with many needed improvements for it to be useful. But he also reassured the council it should not be torn down and that some civic groups have expressed interest in donating to the project. Greer said renovations would need to address the lack of handicap access to the building and restrooms. In addition, the roof and siding needs to be replaced. The tennis courts and lights are in good shape, but the irrigation system will need work, Greer said. The council agreed this was good information for the annual budget workshop in July and asked the Long-range Planning and Parks and Recreation committees to make recommendations on the future use of the facilities. Council Member Richard Irwin said the Parks and Recreation Committee had already discussed the park and recommended the tennis courts should be open for the use of town residents. Currently, there is no timeline for the repairs. In other business, the council: • considered the costs to initiate a forensic audit based on a report prepared by Council Member Molly Rose, who did not attend the meeting. The estimated cost of the audit was approximately $25,000 or more, and Rose suggested the money would be better spent to update the town’s computer systems after a new town manager has time to make an evaluation. The council unanimously agreed to leave the subject open until the new town manager can make recommendations. • agreed that policies should be put in place to begin annual employee performance reviews by supervisors, as well as reviews of supervisors by their subordinates. Guidelines also would include job descriptions that employees agree to when they are hired. The council will ask the new town manager to recommend the policy and procedures for this. • discussed a raise for town employees that had been approved by the Town Council several months ago to begin in April but never awarded. The council asked O’Brien to meet with the finance clerk and interim town manager to determine how the funds should be apportioned. He will make a recommendation next month, and the pay increases will be retroactive. • considered a request by several Second Avenue homeowners to make the intersection of Second Avenue and Forest a four-way stop for safety concerns. Thirteen homeowners signed a petition for the signage because of ongoing, high-speed traffic. Tracy Mitchell, who chaired the petition drive, explained the speeding that takes place in front of her home on Second. The council asked the police chief to initiate more frequent traffic enforcement in the area, and Police Chief Mike McCoy asked residents to call the police department to report speeding incidents and vehicle tag numbers, if possible. • reviewed some suggestions for the onboarding process for the new town manager. O’Brien asked residents for information, such as legal issues, contracts and boathouse leases, that would help acquaint the new manager with facts specific to the town to provide a good transition. • discussed a request by Council Member Mike Pirozzolo to clarify the town policies regarding the Maintenance Department’s mowing and upkeep of town rights-of-way. He specifically mentioned the drainage ditches on North Oakdale Street, where he resides. Maintenance Chief Craig McNeal explained there are no written policies and his crew works on these areas when time is available. The council agreed that a written policy should be established. • authorized the Maintenance Department to proceed with repainting the crosswalk markings in the roundabout at Park Avenue and Maguire Road with thermoplastic road marking paint. • ratified a contract for the employment of Howard Tipton as interim town manager with compensation of $6,500 per month. Tipton signed the contract and started employment June 6. • accepted a bid of $14,970 from Allstate Paving Inc. to reconnect a stormwater pipe in the Marina Bay neighborhood. • extended the town’s solid waste contract with Waste Pro for one year until Sept. 30, 2012, with the same fee schedule. • held a first reading of an ordinance to set up development review fees for applicants.

		News: Top Stories Council questions size of new boat dock By Kathy Aber The Windermere Town Council took issue with a new private boat dock at Third Avenue along Lake Down Trail that Mayor Gary Bruhn said exceeds the permitted size specified in a court Settlement Agreement dated in March 2006. The mayor argued that the new dock, which is located at 305 Magnolia Ave. and has a second story and a railing, does not meet this standard. “ I don’ t see how this dock could be close to the same size and configuration,” said Bruhn. Before it was constructed, the dock went through an involved approval process and was signed off on by Orange County, the Florida Department of Environmental Protection, the town engineer, code enforcement officer and town manager. Attorney Bill Osborne, a former Windermere mayor, spoke to the council on behalf of his client, dock contractor Hodgskin Outdoor Living Inc., saying the company had applied for and received all the appropriate permits. Osborne pointed out that two other docks, which are also subject to the Settlement Agreement, are “ very similar in size.” Town Attorney Wilkes admitted the Settlement Agreement had some “ latent ambiguity” the town did not foresee. He said he didn’ t think anyone in town focused on the possibility of a two-story boat dock when the agreement was signed. Resident Mona McGrath told the council she had called the town office each time one of these docks was being built and was told they each met the terms of the agreement. Seventh Avenue resident Stephen Withers pointed out that the town was no longer requiring the chair of the Development Review Board to review and sign off on plans. The council had made this change in the permitting process when an in-house building department was created. The council agreed that the additional signature was a good additional step and should be required. The members intend to make the official change at next month s meeting. Also, the council agreed unanimously to direct staff to interpret the Settlement Agreement more strictly, specifically, prohibiting stairs and second stories on docks. This Settlement Agreement applies to certain properties along the shore of lakes Down and Bessie. In other business, the council: " discussed how to initiate a process for bringing a new town manager onboard. The council suggested search committee members Richard Gonzalez and Terry Osborne could outline the process for the council to review. In addition, the town will be looking for input from past council members, committee members and residents to create an informational document to guide the new manager. " after a second reading, approved an ordinance for the voluntary annexation of a small land parcel adjacent to and north of phase three of the Willows of Lake Rhea by a vote of 2-1. Pirozzolo cast the dissenting vote, saying this matter should have been dealt with when the Willows annexation was considered in March. " learned that an Energy Rebate Workshop sponsored by Orange County and the Central Florida Chapter of the Green Building Council would take place at Town Hall on Thursday, May 26, from 6:30-9 p.m. Area residents are encouraged to participate and should register at http://usbcmay26.eventbrite.com. Rebates are available on energy efficient appliances, windows and more. " heard from resident Withers that the planning firm, Canin and Associates, has offered to hold charette seminars pro bono to gather input on ways to develop Town Square and the 1890 Schoolhouse property. The council asked Withers to share this information with the Long-range Planning Committee. " unanimously accepted a bid of $18,780 from Dobson Woods and Water to implement an amended Urban Community Forestry Grant, installing 65 trees instead of 127 along four to five blocks of Park Avenue. " discussed the possibility of conducting a forensic audit. Council Member Molly Rose researched the concept and suggested an analysis of the town’ s current systems and procedures to get recommendations for improving the software and hardware. She said she doesn’t believe there’s been any mishandling of town funds and a full forensic audit would be a waste of taxpayer dollars, especially when 75 percent of the budget is payroll. Pirozzolo suggested some type of evaluation would put residents minds at ease. The council asked Rose to contact two to three companies, discuss the options and obtain cost estimates for consideration next month. " unanimously authorized the DRB to work with the town attorney to draft an amendment to town code to require deposits from developers that are based on the square footage of the project.

	News: Top Stories Windermere inks Butler Bay Park deal By Kathy Aber It’s taken nearly a year to complete the paperwork, but last Tuesday, Windermere took title to a 9.4-acre lakefront park from the Butler Bay Master Association. The park at 11465 Park Ave. will more than double the town’s existing 8.8-acre park system and has an estimated value of more than $2 million. The property includes a 2,900-square-foot building, paved parking lot for 40 vehicles, three lighted tennis courts, a fishing pier and a bridge to a small island in Lake Crescent with a pavilion and 10 picnic-table pads. Along with the deed, the town also received $25,000, which will be used as start-up funds for necessary repairs and improvements. Initially, town staff estimated $60,000 would be required for the facilities’ repairs with an annual maintenance expense of $14,000. Town Manager Cecilia Bernier told The West Orange Times Tuesday that the town’s maintenance staff has already started cleaning up the park by removing debris, mowing and trimming vegetation. New nets have been ordered for the tennis courts. Bernier said the courts are playable but have some cracks in the paving and the surface still has to be fully evaluated. Town staff will be gathering estimates and bids on the repairs needed for the entire facility, and the renovation costs will be considered in the upcoming budget process. Once the facility is evaluated, Bernier said she would expect the council to ask the Parks and Recreation Committee to prioritize the various projects and how to proceed with the property. A court-appointed receiver for the Butler Bay Master Association offered the park to the town in 2009 and, shortly thereafter, the council accepted the proposal. Then, the property owners within the three Butler Bay homeowners associations had to ratify the agreement. This process was completed in April 2010, and the Town Council officially approved the land transfer agreement. The closing was expected to take place within a few months. In the transfer agreement, the Butler Bay Unit 1 Association retained an easement to a 144-square-foot area on the southwest corner of the property for future use for irrigation pumps controlled by a separate electric meter. When asked why the property transfer took so long, Bernier responded: “I don’t know. On our end, we’ve just been waiting.”

		News: Top Stories County approves ‘canoe’ ramp for Keene’s Pointe By Kathy Aber The Orange County Board of County Commissioners unanimously approved a permit request by the Keene’s Pointe Homeowners Association last week for a non-motorized boat ramp. The BCC added a number of restrictions to the ramp permit, including a provision that the permit would be revoked if “material, repetitive” violations occur, such as failure of the HOA to adequately control access and prevent motor boats from using the ramp. Orange County District 1 Commissioner Scott Boyd, who represents the West Orange County area, abstained from voting on the ramp on the advice of the county attorney stemming from a perceived conflict of interest. His family’s citrus company had done business with Keene’s Pointe developer Castle and Cooke in the past, and the developer still has an option to purchase more of the company’s land. Windermere resident Lori Bradford, a member of the Butler Chain Concerned Citizens group, told The West Orange Times Monday that she is satisfied with the BCC vote because the commissioners put conditions on the permit. “I am thankful they put the restrictions on it,” said Bradford. “I am grateful that the ramp could be removed if they launch larger boats.” Bradford said she is still concerned about the adjacent wetland. She and other Butler Chain residents voiced opposition to the ramp at a recent community meeting, saying this permit would set a precedent for all wetlands around the Butler Chain. Windermere Mayor Gary Bruhn said in an e-mail to the Times,”I think the Commissioner’s stipulations will help in awareness of the rules by the added penalties. But I think putting a boat ramp of this size on a small private lake and saying it is only for non-motorized use will lead to infractions down the road. I believe Castle and Cooke has the right to build what they want on their property. But environmentalists and Keene’s Pointe homeowners would be better served by building this ramp directly on lake front property that they own.” The unnamed 13-acre lake, where the ramp will be located, is separated from the Butler Chain of Lakes, Outstanding Florida Waters, by a Class 1 wetland, the highest possible environmental ranking. The wetland’s classification is related to its proximity to Outstanding Florida Waters, which have special restrictions on new activities that potentially would lower the water quality.

News: Top Stories Azzouz sells land, cancels his plans for downtown Windermere By Kathy Aber Jim Karr, a 39-year Windermere resident, and a business partner, Jim Gissy of Cypress Point, have purchased a major portion of Windermere’s downtown business district from Kevin Azzouz of Kosta Holdings. The price was not disclosed, and Azzouz was not available for comment. In his original PUD request submitted in December 2006, Azzouz had proposed a 63,000-square-foot development project called Main Street Shoppes. The size and scope of the project was controversial and unpopular with many town residents who said it was not scaled for Windermere and would bring too much additional traffic. Azzouz had scaled it back to 50,000 square feet, rejecting a Town Council request to reduce the PUD further to 30,000 square feet. Negotiations between the town and Azzouz on a final developer’s agreement have been at a standstill for more than a year. “Our scale will be a lot less than the previous developer’s proposal,” Karr told The West Orange Times on Monday. Although the partners have no definite development plans at present, Karr said he would like to see something that supports the needs of the local people. “I’d like a decent full-service restaurant, a bank and a hardware store,” he said. Karr, who lives on Second Avenue, is the owner of Land Plus, a commercial real estate company with offices in the Suzi Karr Realty building at Sixth and Main streets in Windermere. He and his partner plan to develop the property themselves. Karr said they have only briefly reviewed the town’s PUD ordinance and speculated that they might use some of Azzouz’s plans but “may do it all over again ourselves.” “We’ll study what makes sense. It’s premature to have any game plan,” said Karr. The lease arrangements with the current property tenants will continue for the foreseeable future. No one has been asked to move, Karr said. The land deal includes approximately four acres along Main Street and Oakdale Street that currently has 19,480 square feet of mixed-use development. The properties include the Suzi Karr Realty office, the former Windermere Union Church, residential lots on Oakdale behind the business district, a former dentist office and the McMurtrey building. Town Manager Cecilia Bernier told the Times that Azzouz still owes $38,000 in developer’s fees. “Before anything can happen on this property that has to be paid,” said Bernier. She said Karr had talked to her briefly about buying the property and is aware of the bill. Karr told Bernier the development would be smaller and in keeping with the town. According to Karr, Windermere Baptist Church has expressed interest in purchasing the former Windermere Union Church property. “We’ve offered it to them, and they’re considering it now,” said Karr. “I think they’d like to do a study to see if it makes sense before putting it to the congregation.” Windermere Mayor Gary Bruhn told the Times: “The town residents consistently sent a message that what was proposed was going to have a dramatic impact to traffic and their quality of life. I’m sure Mr. Karr will work with the town’s elected officials whenever he decides to move forward so that the development is something we can all appreciate. I believe having an owner who has lived in this town all of their life is someone who will have an understanding of what is appropriate for our downtown.” “I think the sale of the Windermere downtown district property to a resident of the town will be a very positive thing,” said Town Council Member Cecil Robinson. “I am hopeful that when the property is developed, the character of our small town will be preserved.” Former Town Council Member Jennifer Roper, who was in favor of limiting the Azzouz plan to 30,000 square feet, said this week: “I wouldn’t say I am thrilled about the sale of the downtown property to another developer, although I was pleased to hear that the buyer is a lifelong resident of Windermere. I am very happy, though, that construction never began and we were saved from having a partially built project.” Town Council Member Richard Irwin said Monday he is very pleased longtime town resident Jim Karr was able to acquire the downtown property. “Jim knows our community and has a personal relationship with town residents, which are critical for the approval of this project,” said Irwin.