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WINDERMERE FACES TWO COURT CHALLENGES- 07/01/09

BUYER OF DOWNTOWN DISCUSSES PLANS - 10/14/09

TOWN APPROVES 9/11 MEMORIAL AND OCTOBER COUNCIL RESULTS -- 10/13/09

MARINA BAY HOME OWNER SEEKS HELP AND NOVEMBER COUNCIL RESULTS -- 11/10/09

DECEMBER COUNCIL RESULTS -- 12/08/09

WINDERMERE UNION CHURCH SOLD TO WINDERMERE BAPTIST CHURCH - 1/20/10

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

JANUARY COUNCIL RESULTS - 01/12/10

WINDERMERE RESUMES MARINA BAY STORM WATER DISCUSSION 2/4/10

FEBRUARY COUNCIL RESULTS - 02/09/10



		News: Top Stories Windermere drainage work riles Marina Bay HOA By Kathy Aber The Marina Bay Homeowners Association has been asking the town of Windermere to maintain its storm drains and detention pond for more than a year. But when the town crews started the work Monday, HOA president Mike Slonecker was not happy. Why? The town plans to bill the HOA approximately $2,400 for the work. “I’m absolutely surprised they turned up on a Monday morning,” Slonecker told The West Orange Times. Since November 2008 when Slonecker became HOA president, he has been arguing with town officials that it is the town’s responsibility to maintain the drains and pay for it from the general fund. He says the public drains are in the right of way and expects the town handle the problem. Slonecker says he has documents that show the roads and drains were dedicated to the county in 1982. He said this responsibility transferred to the town when it annexed Marina Bay more than 20 years ago. Furthermore, he believes the town acknowledged this duty when it repaved the Marina Bay roads 10 years ago. “Windermere accepted the streets but not a street drain that’s part of it,” said Slonecker. “I’m amazed they can pick and choose.” At the Town Council meeting last Tuesday, the elected officials discussed splitting the cost of the maintenance work with the HOA. Town Attorney Tom Wilkes advised the council on the matter: “You don’t have legal responsibility to do anything. It’s clearly a public policy choice.” Wilkes said he had reviewed the HOA’s covenants, conditions and restrictions and concluded the stormwater pond was not deeded to the town when Marina Bay was annexed. When Slonecker explained to the council that the street drains under Schooner Way are blocked, Mayor Gary Bruhn responded that the HOA is responsible for maintaining it. Back in December, the council voted to go ahead with the drain cleaning with the understanding it would bill the HOA for the work. The town was about to start the work in January but postponed it when the HOA objected. Marina Bay resident Bill Cowie told the council last week he has repeatedly asked for help from the HOA board in clearing the blocked drain and it continually refused. He first spoke to the council in November to explain flooding on his property has continued for more than five years. “It’s a very simple problem; my association doesn’t want to help,” Cowie told the council last Tuesday. “So I’ve come to the town.” Slonecker, who is an attorney, told the Times he hasn’t looked outside the HOA for legal advice but he believes his arguments are valid. “We never came into the town with any agreement that the homeowners would take care of the drainage,” he said. “They’re sticking it to us because we’re a small community of 30 homes.” In other business, the council: • authorized the town manager to negotiate a contract with Universal Engineering Sciences Inc. to outsource the town’s building permitting process. The council interviewed representatives from four companies to evaluate their qualifications during a workshop Jan. 26. The council members ranked the companies, and Universal received the highest ranking. • approved a request by the Tree Board to submit a Forest Health Improvement Initiative grant for $24,000 to replace trees along the south side Park Avenue from Tyron Place to Lake Butler Boulevard. This is a non-matching grant; however, the town will pay the cost of installing the trees and, on successful completion, be reimbursed by Florida Department of Agriculture. The project will include installing about 140 trees, such as crepe myrtle, dahoon holly, Chickasaw plum and fringe tree. The trees are low growers and suitable under power lines. The council voted 3-2 approving the grant submittal. Council members Burns Hovey and Cecil Robinson voted no. • agreed to hold the next council meeting on March 9 since there will be no town election this year. The meeting would have been held March 23 to prevent a conflict with the election. • learned that progress is being made on the roundabout for Park Avenue and Main Street. The council unanimously authorized with the mayor or the town manager to review and sign the agreement with FDOT to encumber the funds so the town can advertise for bids. The town manager expects the work to take place during the summer school vacation. • presented Public Works Director Craig McNeal and Public Works Foreman Travis Mathias with 10-year service awards. • waived the fee for the use of Town Hall for several upcoming events requested by the Downtown Business Committee. The merchants are planning a series of once-a-month events to bring residents downtown. Dine on Main is scheduled April 10 with a goal of having 20 tables. Last year, the event was limited to 10 corporate tables. The table fee is $100 for eight seats. The committee provides tables and chairs, and residents supply the food, etc. On May 1, the committee will sponsor the second Little Miss Windermere pageant, which was a success last year. Just before Father’s Day, they are planning a Saturday morning car show. Chairman Mark Dean said he had found a company to set up a Saturday Farmer’s Market and would pursue getting it started. • learned that the Parks and Recreation Committee is sponsoring a boating safety course at Town Hall on March 13. • heard from the town manager that she was preparing to resubmit a request to MetroPlan for funding to repave Main Street and Sixth Avenue.

	News: Top Stories Windermere council to resume Marina Bay storm drain discussion By Kathy Aber Windermere and Marina Bay will continue to debate next Tuesday who is responsible for cleaning a plugged culvert in the Marina Bay neighborhood. The Marina Bay Homeowners Association believes Windermere took responsibility for the stormwater pond when the neighborhood was annexed more than 20 years ago. While the town has not accepted responsibility, the council voted in December to clean out the culvert in order to reduce flooding in the area. The council proposed charging the HOA for the maintenance work, approximately $2,400. At the Feb. 9 meeting, “the council will talk about the HOA’s request to split the cost in some way or whether or not they want to do that,” Town Manager Cecilia Bernier told The West Orange Times Monday. “They will discuss who’s going to pay what and when.” The town had scheduled the work for Jan. 6, and the Times incorrectly reported in its Jan. 21 issue that the culvert had been cleaned out at that time. Bernier said Monday when she gave HOA president Mike Slonecker a courtesy notice that the cleanout would take place, he responded in an e-mail saying: “…the HOA denies permission for the town and/or anyone operating under its direction to enter my neighborhood for any purpose whatsoever associated with maintenance as detailed below of the stormwater drainage system.” After receiving the e-mail from Slonecker and consulting with council members, she canceled the culvert work. The council meeting at Town Hall begins at 7 p.m. For more information on the agenda, go to www.town.windermere.fl.us.

	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 First Baptist Windermere expands with Union Church acquisition By Kathy Aber First Baptist Church Windermere (FBCW) has purchased the former Windermere Union Church property on the corner of Fifth Avenue and Main Street, across the street from its main campus in downtown Windermere. The acquisition will enable the church to expand its growing family ministry. The congregation acquired the former WUC property and buildings for $1.5 million from owners Jim Karr and Jim Gissy on Dec. 31. Karr and Gissy, who acquired the WUC property, along with the downtown land holdings of developer Kevin Azzouz in September, will hold the mortgage for two years. The property provides 11,000 square feet of much-needed building space for the church and 1.88 acres of land for outdoor events and parking. During the last two years, FBCW had pursued building an addition to one of its existing buildings and obtained Windermere Town Council approval to proceed. FBCW Pastor Chuck Carter told The West Orange Times Monday the congregation postponed the remodeling project last year when it learned the WUC facility might become available. The project was planned to add approximately 20,000 in classroom space. This remodeling would have eased the space constraints temporarily but would have provided no additional parking. So the buildings with parking across the street became a natural choice, he said. The pastor said the fact that the property became available for purchase was “nothing less than God’s orchestration of events.” The church will use existing parking on Oakdale Street, he said, and might consider sodding the former WUC playground for additional parking in the future. The WUC purchase consists of one large building built in three phases beginning in 1924. The chapel features ornamentally cut exposed rafter tails, white clapboard siding and an original bell tower and steeple. Pastor Carter said First Baptist plans to replace the missing stained-glass windows and bring the chapel back to its aesthetic beauty. He said the chapel would be a perfect location for weddings, small services and special events. “It will take about six months to get the chapel restored to where we’d like to see it — to restore it as an historic building,” the pastor said. The remainder of the purchase gives FBCW much-needed classroom and meeting spaces. “I am very pleased that this church building that has played an important role in many of our resident’s lives for almost a century will continue as a church. And I applaud the work of those individuals who made this happen,” Windermere Mayor Gary Bruhn said this week. Local Realtor Suzi Karr, who was active in a community drive to save and possibly relocate the WUC chapel, told the Times Monday she is thrilled the historic building will now be revived and back in use. The staff and members of FBCW are eager to continue moving forward with renovations. Nearby business owner Wendy Ellerbe whose hair salon is located just across Fifth Avenue, is looking forward to the change as well. “It’s great that it’s going to remain a church, and it will be maintained by someone who cares about the property. I know they’ll be a good neighbor,” said Ellerbe. “It’s going to be great to see people and activity over there. It sat empty for so long,” said barber Lance Giroux, Ellerbe’s business associate. Pastor Carter has been on the FBCW staff for 12 years and had been the lead pastor for five-and-a-half years. He said the congregation has approximately 2,500 members with about 1,200 worshipping each weekend. In addition to worship services, Sunday school and ongoing classes and fellowship activities, the congregation also operates a Child Development Center and Kids on the Move after-school program. The church’s main campus at 300 Main St. consists of a series of buildings, including a gymnasium and main sanctuary totaling approximately 60,000 square feet. Phase one of renovations has included moving the church’s Student Ministry, Acacia Student Ministries, to its new facility referred to as the “Chapel and Student Annex.” The new Student Worship Room, located in the former WUC Fellowship Hall, features a top-of-the-line sound system and a warehouse-themed set, including a masonry backdrop for the stage, ceilings with exposed structure and industrial thin-bladed ceiling fans and pendant lights. In a future renovation, the game room and adjacent courtyard will be a place for middle and high school students to spend time together or host events. In early December, the church held a work day to remove carpets and fence posts, paint, trim landscaping, pressure wash and clean. Commenting on the experience, church member Adam Parish said, “Working together with fellow believers is always enjoyable, even if you are pulling up smelly carpet on a wet and cold morning. It’s awesome knowing that you are working on a structure that will help bring people closer to Jesus for years to come.” FBCW was founded in 1967 and originally met in the nearby Ready Market.

	News: Top Stories Windermere and Marina Bay stormwater debate continues By Kathy Aber The Windermere Town Council and the Marina Bay Homeowners Association are still arguing about responsibility for maintaining a stormwater pond and cleaning neighborhood culverts. The community of 30 residential properties was annexed into Windermere more than 20 years ago, but some stormwater and flooding issues remain unresolved. The Marina Bay Homeowners Association has argued repeatedly it is not responsible for cleaning the culvert in a neighborhood stormwater pond. The property owners contend the maintenance work became Windermere’s responsibility when the neighborhood was annexed. Windermere’s legal counsel advised the council that the Marina Bay HOA still had responsibility for the stormwater pond because it was never deeded to the town at annexation. Several Town Council members and town staff met with the Marina Bay homeowners prior to last week’s council meeting. Mike Slonecker, president of the Marina Bay HOA, disagreed about the amount. He said the neighborhood group had spent $8,000 on the culvert before the town became involved and wanted credit for those costs. The council listened to Slonecker’s lengthy presentation of the ongoing problem before voting to table the bill until the February meeting. On another issue, the council also tabled final consideration of the Evaluation and Appraisal Report (EAR) and transmittal to the Florida Department of Community Affairs until next month. The council discussed some revisions to the first three chapters of the 165-page report but agreed more review was required. Council members were asked to send their questions and recommended changes to Town Planner Janet Shira by Jan. 20 so the document could be properly amended prior to the February meeting. In other business, the council: • voted 4-1 to continue its contract with the lobbying firm of Alcalde and Fay through June at a rate of $5,000 per month. Council Member Burns Hovey cast the dissenting vote. • discussed the possibility of creating an ordinance to allow the use of electric golf carts on town roads. Police Chief Dan Saylor told the council this action would require signs to be posted on all roads where golf cart use was authorized. So the council took no action to create a new ordinance but voted 3-2 asking the police department to enforce existing laws regarding golf carts, mini bikes and scooters. Council members Norma Sutton and Richard Irwin voted no. Sutton explained her vote saying it was not necessary to ask the police chief to enforce the law, and Irwin said his intent in bringing the matter before the council was to promote golf carts as an energy efficient alternative to gasoline-powered vehicles. • will conduct interviews for four companies being considered for outsourcing the town’s building permitting services on Jan. 26. They are M.T. Causley Inc., Homestead; PDCS, Orlando; Universal Engineering, Orlando; and Nova Engineering and Environmental Services, Tampa. • set up a workshop for the fourth Tuesday in February to continue the discussion of creating a stormwater utility fee rate schedule for properties in town. • authorized Downtown Business Committee Chair Mark Dean to pursue the possibility of establishing a farmer’s market for the town. • agreed to proceed with advertising a request for Qualifications for continuing engineering services. The current five-year contract expires in May.

	News: Top Stories Windermere takes action on Marina Bay flooding By Kathy Aber The Marina Bay Homeowners Association has argued repeatedly that it is not responsible for cleaning the culverts in a neighborhood stormwater pond. The property owners contend the maintenance work became Windermere’s responsibility when the neighborhood was annexed into town more than 20 years ago. After researching the matter with its legal counsel, the town told Marina Bay the stormwater pond was not deeded to the town at annexation. Town Attorney Tom Wilkes also advised the town it has the authority to perform the work and bill the HOA or property owners. The Marina Bay neighborhood has 30 residential homes. “We’ve been in discussion for months and haven’t solved it, “ said Council Member Cecil Robinson at the Dec. 8 council meeting. “In this particular case, I believe we need to clean the culverts out,” said Town Manager Cecilia Bernier. One Marina Bay resident, Bill Cowie, spoke to the council in November, explaining that he had endured repeated flooding on his property and had been complaining to town staff about it for more than five years. The Town Council decided that cleaning the culverts is the first step in solving Cowie’s problem and agreed to pay to have the work done. The estimated cost of removing the debris in the culverts is $3,050. “If we take responsibility for the system, there should be remuneration from the HOA,” said Council Member Richard Irwin. “If we did not either bill the HOA or property owners, we are, in fact, taking it over and it is ours,” said Bernier. “We need to bill for the work and then deal with the stormwater fee.” The council voted unanimously to bill the Marina Bay HOA for the work. There was further discussion on creating a stormwater usage fee, and the council directed the town manager to do more research on ways to establish a fair and equitable schedule for a stormwater utility fee. They will continue this discussion at the January meeting. On another matter, the Windermere Town Council authorized the town staff to submit a historic grant request to Tallahassee for $100,000 to restore the 1890 schoolhouse. The old school building is located on Seventh Avenue, and, if the grant is received, the plan is to move it to Town Square. The town match for the grant is $50,000. Town Manager Bernier told the council she did not think the state would fund the grant this year so the restoration work is probably two years away. In other business, the council: • agreed to refund the $100 film permit fee to Nils Taranger and Max Rousseau, students at the University of Central Florida who recently filmed a college project in the town. The film is a not-for-profit project, and the students have no plans to distribute it. • listened to a request from property owner Dan Higgins to have the town pay the expense to remove a dead tree on his property. During last year’s Treebute 11 months ago, Higgins had allowed arborists to use his tree as part of the tree-climbing and trimming exhibition. Higgins said he understood the tree would be trimmed but also removed at no cost to him as part of the event. Prior to the Treebute, Higgins obtained a tree removal permit so it could be taken down. The tree-trimming team removed the branches and most of the limbs but left the trunk and stubs of the limbs. He said the tree is ugly, unsafe and dangerous. This has been an ongoing issue since January, and the council unanimously agreed to share half of the cost of the removal up to $1,000. • unanimously approved a resolution that would allow the town to add garbage or stormwater assessments to property-tax bills in the future. The resolution enables the elected officials to make these changes next year. • heard a report from project manager John Fitzgibbon on two stormwater projects in progress at First Avenue and Oakdale Street and at 12th Avenue and Oakdale. The work at First and Oakdale is 99 percent complete, and the other project is 30 percent complete. • voted unanimously to set aside a portion of last year’s surplus to start a fund to repave Sixth Avenue. The amount to be set aside will be determined at the January meeting. • decided to inform the town’s federal lobbyist firm, Alcalde and Fay, of its intent to end the contract unless the firm can provide prospects for imminent funding for town projects. The firm’s response will be discussed in January. • held a first reading of an ordinance to double permit fees when construction precedes the issuance of a building permit.

	News: Top Stories Marina Bay homeowner seeks council help with continued flooding By Kathy Aber Windermere resident Bill Cowie is at his wits’ end. He has been complaining to town officials for five years about the repeated flooding on his property at 10905 Bayshore Drive in the Marina Bay neighborhood. Last week, he pleaded with the council, asking for a permanent solution. The 20-year town resident told council members the flooding caused root rot that killed a 40-year-old tree, as well as lush shrubbery. It also is responsible for deterioration in the road pavement. In addition, his basement is often full of water and there are cracks in some of the rooms in his home. The standing water is a health hazard, he complained. “We need to fix [the drainage] to protect the lakes,” said Cowie. “It’s intolerable.” Cowie has lived in his present home for eight years and said he has quietly been asking for “a little bit of help” for five years. He said the flooding worsened after Bayshore Drive was repaved three or four years ago. “We did all that we can do diverting and berming,” said Cowie. “I think we’ve gone as far as we can go ourselves,” adding he has spent $18,000 on repairs. Mayor Gary Bruhn, the town manager, other council members, an engineer consultant for the town and the maintenance chief have visited the site to evaluate the situation. The town staff drew up a plan with an estimated cost of $18,000 to solve the localized flooding. Cowie attended a recent council workshop where this solution was discussed and said he thought there is a less costly fix. He asked the council for a commitment. Part of the dilemma comes from a blocked pipe in a stormwater drainage pond in Marina Bay. The Marina Bay Homeowners Association believes it became the town’s responsibility to repair and maintain the stormwater pond after the HOA was annexed in the 1980s. The president of the HOA, Mike Slonecker, told The West Orange Times this maintenance is “ordinary and proper municipal service.” “The drains need to be cleaned out, the plugging removed, the water collection pond cleaned to remove sediment that has collected over the years due in substantial part to steady erosion of the Schooner Way roadbed and to perform necessary repairs to ensure the pond is draining properly,” said Slonecker in an e-mail to the Times. He contends Orange County performed these services prior to the annexation. “We were not given the stormwater areas,” said Bernier. “Orange County had no documents that stormwater was turned over to them. Other subdivisions within town maintain their stormwater drainage areas,” said Town Manager Cecilia Bernier. Bernier said if Marina Bay cleaned the pipes everyone could really understand what’s happening. Council Member Cecil Robinson said he has observed the situation at Cowie’s residence after a three-inch rainfall event. “Mr. Cowie has more water at his house than in the retention pond at Marina Bay,” said Robinson. Town attorney Tom Wilkes explained to the council that Orange County never did the maintenance. If the county had done the work, Wilkes said, it would have created a Municipal Service Taxing Unit (MSTU) to assess the costs to the property owners on their tax bills. Wilkes recommended this as a remedy for the town. He advised the council to forget about who had the responsibility at annexation and determine what’s needed to fix the situation. He suggested the council should determine how to front the money and tag the fees onto the Marina Bay Homeowners Association. “You have that option,” Wilkes said. Craig McNeal, the head of the town Maintenance Department, said he and his crew would examine the drainage pipes with a camera and determine the extent of the problem. Bernier said she had planned to meet with Slonecker on Friday and would explain the town will start determining what is necessary to correct the drainage with the possibility of adding an MSTU to bill the cost to the property owners. Bernier told the Times Monday she and Slonecker have exchanged e-mails and she expects to meet with him this week. In the meantime, Bernier said, “Craig [McNeal] is down there getting estimates on repairs on the stormwater drainage.” In other business, the council: · endorsed a proposal recommended by the Tree Board to host its annual Treebute Jan. 14-17 and host an international aerial rescue training and contest on Friday, Jan. 15, called Geezers in Treezers. There will also be a tree giveaway of about 100 trees, education classes and the annual Arbor Day celebration included in the festivities. · initiated the process to incorporate refuse bills into the property owners’ tax bills next year. A public hearing will be part of the approval process for this proposed change. · deferred a recommendation from town staff to file an application for a $50,000 matching grant to restore and move the 1890 Schoolhouse until the Dec. 8 meeting in order to get support from the Historic Preservation Board and agreement on fund-raising projects for the matching funds. In addition, Bernier will contact donors who contributed funds to move the Windermere Union Church Chapel to inquire if they would agree to have this fund, approximately $7,000, reallocated to the Schoolhouse project. · heard a report from Mike Galura on the town’s ongoing stormwater projects. He said the work at First Avenue and Oakdale Street is substantially complete. The work at Fourth and Oakdale is 40 percent complete. The STAG grant, State and Tribal Assistance Grant, at Eighth Avenue and Forest Street has had the final inspection by the EPA and, if it complies, the town would soon get final reimbursement. · agreed to post the newsletter on the Web site and only mail printed copies to those residents who request them. This is a cost-saving measure. · learned from attorney Wilkes that a lawsuit regarding the right-of-way at Park Avenue and Maguire Road had been withdrawn with the help of Council Member Molly Rose as a mediator. · was asked to support Windermere Night at Light Up UCF on Dec. 9. Proceeds from the skating rink admission fees with benefit the town. Mayor Bruhn will switch on the lights. · was asked to support the next Elders Luncheon Dec. 8.

	News: Top Stories Windermere approves design for 9/11 memorial By Kathy Aber Windermere-area resident Jeff Cox wants local residents to have a “quiet place to pause and reflect on the tragedy that happened on Sept. 11, 2001, as well as to honor all those who lost their lives.” For his Eagle Scout project, Cox, a 10th-grader at Crenshaw School, has designed a 9/11 memorial for Windermere’s Town Square. The location he selected is behind Town Hall and in a shady area on the north side of the library. The central element in the design is a 650-pound piece of a steel beam from the World Trade Center. It has a slight twist with metal studs welded to the top flange and is 42 inches by 12 inches by 36 inches. “Residents and visitors will be able to easily touch, hug, kiss or cry with the WTC steel,” Cox said in his proposal to the Windermere Town Council last week. The council unanimously approved his design and the general location for the memorial. Cox is meeting with town staff this week to determine if the location might have to be realigned slightly to avoid interference with underground utilities or the septic tank drain field. The overall cost of the project is estimated at $19,000. A structural cradle mounted on a granite base with a copper cap will support the steel. A commemorative plaque will be mounted on the base. The structure will be the central feature in a circular area with a concrete curb decorated with glazed tiles. The plan includes a paver walkway and landscaping that incorporates the existing park benches. Cox and his fellow Scouts are meeting this week at Studio 6 ceramics on Maguire Road to glaze and decorate the tiles. The victims of 9/11 were from 90 different countries, so the tile designs were selected to honor them. Cox decided on the memorial concept after attending the Eagle Encampment summer program and his brother, an injured firefighter and an Eagle Scout, encouraged him to pursue it.After learning that pieces of the WTC were available for this type of project, Cox discussed the concept with Windermere Mayor Gary Bruhn. With a letter of approval from the town, Cox was able to move forward with acquiring the steel. He contacted the New York Port Authority and is waiting for the steel to be delivered. United Parcel Service is handling the shipping. Cox told The West Orange Times this week a court magistrate still has to release the steel for shipment because officially it is part of a crime scene. The monument will be dedicated on Feb. 20, a day Windermere sets aside to honor first responders. Cox was in school when he heard about the events at the WTC. “I was scared and nervous and told my mom, ‘World War III is starting,” he said. “The memorial is for my kids and my kids’ kids who might not really know what happened.” In other business, the town council: 1. heard an update from project manager John Fitzgibbon on the town’s stormwater drainage work under way on Oakdale Street at First and Twelfth avenues. 2. discussed a request from Tim’s Wine Market to apply for a 2COP license that would allow by-the-glass consumption of wine on the premises. Town staff was asked to find out if the business location is far enough from a church to conform to state law. 3. approved a request from the Tree Board to hold a bicycle rally March Cycle for the Trees. 4. asked town staff to look into the possibility of adding fees for garbage collection to town tax bills

	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.

	News: Top Stories Windermere faces 2 court challenges By Kathy Aber Andrew McCarthy, who lives at 915 W. Second Ave., has filed two lawsuits against the town of Windermere. The first is an inverse condemnation suit that is now pending in federal court. In it, McCarthy alleges that the town installed a berm that diverts stormwater onto his property. McCarthy told The West Orange Times last week that part of the berm is in the Second Avenue right-of-way and part of it is on his property. In the second case, he complains the town has limited his access to public records, hampering his ability to gather information for the first lawsuit. This lawsuit is expected to be heard in Circuit Court, the Ninth Judicial Circuit in Orange County, in the next month or so, but a court date has yet to be set. McCarthy said he has been appealing to the Town Council for approximately 18 months to have the berm and drainage improvements removed. His co-plaintiff in the inverse condemnation suit is his grandmother, Faye Hood Stanford, from whom he is leasing the property with an option to purchase. At this time, McCarthy said he owns more than 50 percent of the property. In his complaint, he said “the asphalt curb-like berm had been installed along the road immediately in front of the property located at 903 W. Second Ave” in November 2004 by the town without the permission of the plaintiffs and against their will. The complaint says Stanford, since 2004, repeatedly asked the town to remove the berm. The plaintiffs allege the diversion of stormwater onto their property has resulted in a lowered property value in excess of $200,000. McCarthy and his attorney Tom Ross of the Orlando firm Akerman Senterfitt discussed this drainage matter with the Town Council, most recently, in May 2008. At that time, they told the elected officials subsequent drainage solutions installed by the town were not working or were aggravating the problem. McCarthy, who is also an attorney, told the Town Council he would to file a lawsuit the following day if the issue could not be resolved amicably and immediately. Town Attorney Tom Wilkes told McCarthy at the May 2008 meeting, he had provided no credible engineering evidence that water coming from town property was causing the problem. He urged McCarthy to get an independent engineer to analyze the situation. With the imminent threat of a lawsuit, the council initially responded by authorizing the town manager to obtain a topographical survey of the property and up to two properties to the east and two lots to the west and an engineering stormwater analysis. The council suggested the surveyor and engineer meet with McCarthy before they started the work to agree on the specifics needed to address the drainage issues. Council Member Sprick voted against the motion because he believed litigation was inevitable. After the vote, Town Attorney Wilkes asked McCarthy and his attorney if they were satisfied with the council’s response and would not proceed with filing the lawsuit. McCarthy and Ross did not give a definite answer, saying they would think it over. Six days later, May 19, council held a special meeting and, after a more thorough discussion of the surveying, engineering and legal costs and ramifications, the elected officials rescinded the action taken at the regular May meeting. McCarthy filed the first lawsuit in February. When the Times asked Town Manager Cecilia Bernier about the lawsuits last week, she deferred questions to the Orlando firm of Dean, Ringers, Morgan and Lawton that is handling the cases for the town and its insurance carrier, the Florida League of Cities. Attorney John Conner, who is representing the town, told the Times Monday his firm has filed a Motion for Protective Order with the court regarding the public records access complaint. The town motion addresses the plaintiffs conduct prior to and during the records inspection, his failure to act in good faith in scheduling the inspections and other issues. Conner also said the plaintiffs are trying to have the inverse condemnation suit moved from federal court to state court. He said the town will argue that U.S. District Courts have jurisdiction in all civil actions rising from the U.S. Constitution, such as McCarthy’s complaint that he has been deprived of his property without due process of law. McCarthy confirmed that he is trying to bring the inverse condemnation suit back to state court. He added that a lot of procedural maneuvering would take place before anything happens in this case.