TOWN OF WINDERMERE  Town Council Meeting Minutes CALLTOORDER:  August 13, 2024  Present were. Mayor Jim O'Brien, Town Council Members Tom Stroup, Andy Williams, Mandy David, Tony Davit, and Brandi Haines. Town Manager Robert Smith, Attorney Heather Ramos, Police ChiefDave Ogden, and Town Clerk Dorothy Burkhalter were also present. Mr. John Fitzgibbon and Mr. Brad Cornelius were also present. Public Works Director Tonya Elliott-Moore was absent.  Mayor O'Brien called the meeting to order at 6:00 pm and stated that a quorum was present. He  then led everyone in the Pledge of Allegiance.  1.  OPEN FORUM/PUBLIC COMMENT (3 Minute Limit)  Ms. Dawn Michelle Evans and Mr. TJE Karr deferred until the DRB item. Mr. Stephen' Withers of 727 Main Street introduced himself. He commented on the past DRB meeting, where proposed variance request Z22-10 was discussed. Mr. Withers then stated that the vision line ofsight ati intersections in town  needs to bei inspected and cleared up.  2.  SPECIALI PRSENTATION/PROCLAMATIONS/AWARDS: a. Healthy West Orange Healthy Selfie Proclamation  Mayor O'Brien introduced this item. He then proclaimed September 20, 2024, as West Orange Healthy Selfie Day and encouraged all to take part. The West Orange Healthy Selfie representative explained thel Healthy Selfie Day and events. Aj picture was thent taken with thel Mayor and' Town Council.  b. Windermere Vision Zero Safety Action Plan  Mayor O'Brien introduced this item. He then turned the floor over to Ms. Kelly Fearon with Kittleson & Associates. Ms. Fearon stated that the presentation she will present has been compiled by City Staffand MetroPlan Orlando. Shet then gave thej presentationi regarding the Vision Zero Safety Action Plan. Thej presentation included what the Vision Plan is (goal - zero fatalities and: zero serious injuries on roadways), safety on roads, crash preventatives, crashes and fatalities, public input, list of projects and obtaining zero incidents. Member Davit applauded MetroPlan for all their work with this plan. Mayor O'Brien questionedi iff funding willl be provided fort thej plans. Ms. Fearon stated that Federal funding could  be applied for.  Town of Windermere Tree Board Strategic Plan Presentation  Mayor O'Brien introduced this item. He then turnedi thei floor over tol Mr.] Frank Krens. Mr. Frank Krens of 727 Forest Street introduced himself. He then gave a report on the new Tree Board Strategic Plan which included the vision statement, mission statement, core values, analysis of strengths and weakness, opportunities, goals, threats, objectives, and an action plan. MyeroBemapphamaadtue Tree  Board for their work. Member Haines also thanked the Treel Board.  d. Gray Robinson Boathouse Litigation Update  Mayor O'Brien introduced this item and turned the floor over to Attorney Nick Dancaescu. Attorney Dancaescu explained that he and Attorney DeGel are present to present a settlement proposal received from the boathouse defendants. He then stated that due to ongoing litigation, discussion will be brief. Attorney Dancaescu commented on a few answers to the proposal that was submitted. He then commented on the proposed settlement offer by the current tenants. Mayor O'Brien commented that the proposal does not seem to be signed. Attorney, Dancaescu stated that the letter did not come from their Counsel, which can happen. He then stated that he was unsure ifthe proposal was from all orj just a few of the defendants. Discussion followed regarding rights-of-way, basis ofthe litigation, ai request for another shade: meeting, and getting ai final determination. Manager Smith stated that a date for a shade meeting will  be set-up.  Page 1 of6    TOWN OF WINDERMERE  Town Council Meeting Minutes  August 13, 2024  3.  TIMED ITEMS & PUBLICI HEARING  NONE OLD BUSINESS a. MIINUTES i.  4.  Town Council Meeting Minutes May 14,2024  Mayor O'Brien introduced this item. Member Davit made a motion to approve the minutes of May 14.2024. Member David seconded the motion. Roll call vote was as follows: Haines - aye, Davit  -aye, David - aye, Williams - aye, and Stroup - aye. Motion carried 5-0.  5.  NEW BUSINESS a. i.  DEVELOPMENT REVIEW BOARD  Z22-10 = 637 Ridgewood Drive = Suzi Karr Life Estate/Thomas J. Karr Jr. Variance request to expand an existing non-conforming home in a manner to expand the non-conformity (less than 50 feet from the normal high-water elevation of the lake), allow the construction of a new swimming pool and deck at less than 501 feet from the normal high-water elevation ofthel lake, and to allow the expansion of the existing non-conforming accessory structure located in the  front yard.  Mayor O'Brien introduced this item. He then turned the floor over to Mr. Cornelius. Mr. Cornelius introduced case Z22-10. He commented on the case number as itreflects when the case began in 2022 when the property was damaged by hurricanes. Mr. Cornelius explained that the home was originally built in 1943 and is very unique. He further explained that the 34 oft the home extends out into the 50 setback. Mr. Cornelius commented on the first variance of an addition to the existing front ofthe home, meeting thei non-conforming Ordinance, compliance with the side and: front setbacks as well as the floor area ratio, and being under the 45% pervious floor area ratio. The second request is to allow an accessory structure in the front yard. He explained that the carport would be enclosed and made into a small office area and would attach ai front porch. Mr. Cornelius stated that the third request is to allow a swimming pool in the side yard which impedes the 50 setback from the normal high-water requirement. He stated that notices were: mailed out with eight received, all were in favor. Mr. Cornelius commented on the discussion that was: made by the DRB. Hes stated that thel DRB recommends approval fort the house and expansion of the accessory, structure and recommends denial for the request for the pool with a recommendation. ofredesigning thej pool towards thei front yard. MayorO'Brien commented ont the unique property and allowing accessory buildings in the front yard. Mr. Cornelius stated that the structure (carport) is currently there and because it would be converted to accessory, use, a variance is needed. He then stated that the Town Council could place conditions on1 the pool. MemberDavid questioned thej pool. Mr. Cornelius stated he would let the applicant address the pool. Member Haines questioned the pool side setback compared to a structure. Mr. Cornelius stated that aj pool has a 5' requirement, where a structure is15', and pool water is 10'. Member Williams questioned the 42 setback for the pool. Mr. Cornelius statedt that the applicant willa address this as the original drawing wasi incorrect. Member Stroup questioned Orange County's setback. Mr. Cornelius stated he was unsure. Member Haines commented on Orange County'ss setbacks and discussion that they are currently making regarding the 50' setback as well. Mayor O'Brien commented on past efforts to amend the pool/lakefront: setbacks. Mr. TJ) Karr of 3339 Waxberry Court, and owner: introduced himself. He commented on the uniqueness of the property and house. Mr. Karr gave al history, oft thel house. He then stated that he's 's trying to protect three large oak trees. Member Stroup questioned if the neighbors agreed with the variance. Mr. Karr stated that eight responses were  Page 2 of6    TOWN OF WINDERMERE  Town Council Meeting Minutes  August 13, 2024  received, alli ini favor. Member Stroup questioned the stormwater. Ms. Dawn Evans, Architect, introduced herself. Ms. Evans stated that an Engineer was hired, and permeability: tests have been conducted. She then explained the correct setback fort thej pool. Ms. Evans stated that a 7'11" setback for the one side and a6'ont the others sidei is what is needed. Ms. Evans then commented on the variance ofthenon-comforming house. She stated that to do ai renovation and be out oft the 50 setback would be hard as the entire house is within the 50'. Ms. Evans explained that they are being respectful ofthe lake. Shei then commented on the pool design that would need a 2' variance on one side and a 4'4" on the other. Discussion followed. Member Haines commented on her concerns with the DRB not reviewing all the changes and not contacting the lake consultants. Member Williams explained the DRB discussion. He stated that they would be amenable to moving the pool ai few: feet forward. Discussion was made regarding protection of trees. Member Haines commented on her concerns and protecting the lake. Mayor O'Brien commented that individual motions and votes will be needed. Member Davit made a motion to approve the proposed variance for the expansion ofthe existing primary single-familyl house with a setback less than 50 normal high-water elevation. Member Williams seconded the motion. Roll call vote was as follows: Stroup-aye, Williams - aye. David - aye. Davit - aye, and Haines- nay. Motion carried 4-1. Member Davit made a motion to approve the expanding of the existing non-conforming accessory structure in the front yard to be consistent with criteria for the variance provided. Member Williams seconded the motion. Roll call vote was as follows: Haines - aye. Davit - aye. David - aye. Willliams = aye, and Stroup - aye. Motion carried 5-0. Member Davit made a motion to approve the proposed variance for the swimming pool on the latest plan placing the pool between the cabana and the existing wood deck, with the variance of2'4" on the plan right side. which is plan left in the front yard. Member Williams seconded the motion. Roll call vote was as follows: Stroup- -aye. Williams - aye. David - nay, Davit -aye and Haines- aye. Motion  carried 4-1. b. i.  RESOLUTIONS/ORDINANCES FOR APPROVALFIRSI READING Resolution 2024-04 Roundabout at Main Street and Windermere Road  Mayor O'Brien introduced this item. Member Davit made aj motion to approve Resolution 2024- 04. Member David seconded the motion. Rollcall vote was as follows: Haines = aye. Davit - aye. David  -aye. Williams - aye.and Stroup = aye. Motion carried 5-0.  C. i.  APPOINTMENTS  Parks & Recreation Committee Member Appointment- Kelley Duell  Mayor O'Brien introduced this item. Member David made ai motion to approve the appointment ofKelley Duell. Member Davit seconded the motion. Roll call vote was as follows: Haines - aye. Davit  -aye. David - aye. Williams -aye.and Stroup = aye. Motion carried 5-0.  d. i.  CONTRACTS/AGREEMENIS  Kimley Horn and Associates for Continuing Engineering Services  Mayor O'Brien introduced this item. Manager Smith explained that this item is being brought forward from a previous meeting. He stated that the RFQ committee is recommending Kimley-Horn. Discussion was made regarding the escalation in rates. Member Davit made a motion to approve Kimley- Horn. Member Willliams seconded the motion. Roll call vote was as follows: Stroup = aye. Williams =  aye. David - aye. Davit -aye and Haines- aye. Motion carried 5-0.  ii.  Interlocal Agreement for Police Dispatch Services  Mayor O'Brien introduced this item. Het then turned the floor over to ChiefOgden. ChiefOgden stated that minor changes have been made to the existing contract. He then stated negotiations continue with the third-party vendor. Attorney Ramos requested to have approval include revisions that she and the Chief are currently working on. Member Davit questioned the revisions. Chief Ogden stated that "contractor" will replace the City's/Town's name. Attorney Ramos stated that language for records management needed revision. Member Davit made a motion to approve the agreement with the Town's  Page 3 of6    TOWN OF WINDERMERE  Town Council Meeting Minutes  August 13, 2024  favorable language for records management and that item be brought back as information to the Town Council at their next meeting. Member Williams seconded the motion. Roll call vote was as follows: Stroup = aye, Williams - aye. David - aye. Davit -aye and Haines- aye. Motion carried 5-0.  e. 1.  FINANCIAL  Temporary Restroom Facility at' Town Square: $10,620  Mayor O'Brien introduced this item. Member Willims made ai motion to approve the temporary restroom facility in the amount of $10.620.00. Member David seconded the motion. Rollcall vote was as follows: Haines - aye, Davit = aye. David - aye, Williams - aye, and Stroup = aye. Motion carried 5-0.  ii.  Lake Street/Lake Down Parks Fencing, Gate, Access System and Gate Access  Policy $41,635  Mayor O'Brien introduced this item. Member David made a motion to approve the Lake Street/Lake Down parks fencing.g gate, access system and gate access policy in the amount of$41.635.00. Member Williams seconded the motion. Roll all vote was as follows: Stroup - aye. Williams - aye. David  -aye. Davit -aye and Haines- aye. Motion carried 5-0.  iii. Emergency Purchase-Shenandoah CIPP Lining Pipe at 2 Oakdale: $16,360.00 Mayor O'Brien introduced this item. Mayor O'Brieni turned thei floor over to Mr. Fitzgibbon. Mr. Fitzgibbon commented on thej pipe collapse on Oakdale that handles the entire outfall for the water basin. He then stated that they were also thel lowest bidder. Member Davit made a motion to approve the repair at $16.360.00. Member David second the motion. Member Davit questioned if lining the pipe would restore it or will it maintain its current collapsed state? Mr. Fitzgibbon stated that it will act as as sleeve. There being no further discussion, roll call vote was as follows: Haines = aye. Davit - aye. David = aye,  Williams - aye. and Stroup - aye. Motion carried 5-0.  f. i.  OTHER ITEMS FOR CONSIDERATION Assistant Town Manager Position  Mayor O'Brien introduced this item. He then turned the floor over to Manager Smith. Manager Smith commented on meetings, upcoming projects, and meeting qualifications for funding. He then stated that Tonya (Public Works Director) is getting her Public. Administration Degree which will afford her the experience and education to join FCCMA and other organizations to get additional education needed. This will also elevate some of his time for family. Manager Smith stated for meetings that require himself or thel Mayor to attend, Director Eliott-Moore could cover. He stated that this would bea great reward for Director Bliott-Moore as well as freeing up some ofhis time. Member Davit questioned ifpolicies would change to givel Director Eliott-Moore approval authorities on his behalf. Manager Smith stated that it would be on a "case by case basis". He explained that when he currently is on vacation, Clerk Burkhalter is over Administration and Chief Ogden is over thel Police Department until hei returns. Manager Smith commented that this would be: fori issues that would come up which can wait until he gets back. He further commented that Director Eliott-Moore would like as a conduit while he is gone. Member Davit questioned that in his absence, Director Eliott-Moore would have authority fore emergency purchases? Manager Smith commented that the Charter needs to be reviewed. He also commented that he would not be gone during an emergency but if he should be, he could be contacted to authorize the purchases. Mayor O'Brien commented on consistency ofh handling meetings. Member Davit commented on the benefit of a succession plan and growth of town staff. Member Wiliams stated he would like  Page 4 of6    TOWN OF WINDERMERE  Town Council Meeting Minutes  August 13, 2024  discussion to begin regarding a Projects Manager. He commented on his concerns with many projects starting at one time and the possibility of impacts to the workload. Member Williams stated that a direction to maket the Assistant a full-time Projects Manager that could be hired with ai five-year contract. He then commented on the need to be reviewed and discussed. Member Davit agreed. Member Davit made a motion to approve the Assistant Town Managers position. Member David seconded the motion. Member Stroup commented that this would leave thel Public Works Director position available. Hei then questioned the timeframe. Manager Smith stated that Director Elliott Moore will remain in her current position. He then stated that this would be: for her to take over for him while he's on vacation etc, as well as obtain the memberships to the organizations. Manager Smith stated Public Works will bel handled as itcurrently is. This will also allow Director. Eliott-Moore tol handle things that he and thei mayor can'tdo. Roll call vote was as follows: Stroup - aye. Williams - aye. David - aye. Davit -aye and Haines- aye. Motion carried 5-0. Member Stroup commented that he thought Mr. Fitzgibbon was the Project Manager. Mr. Fitzgibbon commented on a better approach for when the projects begin.  g. MINUTES i. ii. V.  Lake Street Park Public Input Workshop - May 8, 2024 Town Council Workshop Minutes May 28, 2024 iii. Town Council Meeting Minutes - June 11,2024 iv. Town Council Workshop Meeting Minutes - July 17,2024 Virtual Public Workshop Chaine Du Lac Annexation- - July 22, 2024 vi. Town Council Budget Session Meeting Minutes - July 23, 2024 vii. Town Council Workshop Meeting Minutes - July 24,2024  Member Davit made a1 motion to approve all minutes as presented. Member David seconded the motion. Roll call vote was asi follows: Haines = aye. Davit- aye. David-a aye. Williams - aye. and Stroup  -aye. Motion carried 5-0.  6.  MAYOR & COUNCILI LIAISON REPORTS:  Mayor O'Brien reported on the mayors meeting and the West Orange Hob Knob. Event. Member Davit reported that he and Manager Smith met with Rotary regarding negotiations and the upcoming  Primary elections. 7.  STAFF REPORTS: a.  TOWN MANAGER ROBERT SMITH - Manager Smith reported on meetings,  annexation ordinances, land use changes, super majority votes, annexation ofChaine dul Lac, storm report, Town Square Charrettes, Windermere Rec Ctr closed due to electrical issue, Windermere Active Youth  committee, and a Teen Court program.  b. Form 6 appeal. C. d. e.  TOWN ATTORNEY HEATHER RAMOS- Ms. Ramos gave a brief update of the POLICE CHIEFI DAVE OGDEN - Chief Ogden reported on school starting, lifesaving MR. JOHN FITZGIBBON - Mr. Fitzgibbon reported on the right-of-way fiber optic TOWN CLERK DOROTHY BURKHALTER = Clerk Burkhalter stated she will be  incident, Deputy ChiefBonk and the FBI Academy, staffhires, and upcoming events.  installation by Gigapower for AT&T.  outoftown September 10thand 11th for thel Florida County Clerks and Comptrollers conference in Naples.  She will be aj presenter for the Records Management session.  Page 5 of6    TOWN OF WINDERMERE  Town Council Meeting Minutes  August 13, 2024  8.  ADJOURN:  Mayor O'Brien adjourned the meeting at 8:11pm.  Dorothy Burkhalter, Town Clerk Abshs  Jim  9  Page 6 of6