TOWN OF WINDERMERE Town Council Meeting Minutes January 14, 2025 CALL TO ORDER: Present were Mayor Jim O'Brien, Town Council Members Tom Stroup, Andy Williams, Tony Davit, and Brandi Haines. ATM/PWD Tonya Elliott-Moore, Attorney Heather Ramos, Police ChiefDave Ogden and Town Clerk Dorothy Burkhalter were also present. Town Manager Robert Smith was present via zoom. Town Council Member Mandy David was absent. Mayor O'Brien called the meeting to order at 6:04 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) Mayor O'Brien opened the floor to the public. First to speak was Mr. Gregg Anderson of 137 Down Court. Mr. Anderson thanked all for attending the Rotary Lobster Laugh event. He then reported on the Long-Range Planning Committee and their complete Comp Plan review. Mr. Anderson stated that once the review is completed, it will be brought to the Town Council. Mr. Bob McKinley of536 Magnolia Street introduced himself. He then commented on the past poor holiday lighting around the Town Square. Mr. McKinley further commented that he reached out to all elected officials and is still waiting for a response from a few. Mr. Jeff Szukalski of 219 W 2nd Avenue deferred until the agenda item is heard. Ms. Michele Kociof222 W: 3rd Avenue deferred and gave her time to Mr. Szukalski. Ms. Matine Pawlicki of 226 1st Avenue introduced herself. She then commented on concerns with the road repairs and runoff onto her property. 2. SPECIAL PRSENTATONPROCIANATIONSAWARDS: a. Arbor Day Proclamation Mayor O'Brien read and proclaimed January 17, 2025, as Arbor Day in The Town of Windermere. Mrs. Vicki Hurst reminded everyone of the upcoming tree giveaway, time and location. 3. TIMED ITEMS & PUBLIC HEARING 4. OLD BUSINESS 5. NEW BUSINESS a. MINUTES i. Town Council Meeting Minutes November 12, 2024 ii. Virtual Town Hall Public Meeting Minutes November 20, 2024 iii. Town Council Meeting Minutes December 10, 2024 Mayor O'Brien introduced this item. Member Davit made a motion to approve the minutes as presented. Member Williams seconded the motion. Roll call vote was as follows: Haines = aye. Davit - aye. Williams - aye. and Stroup - aye. Motin carried 4-0. b. RESOLUTIONS/ORDINANCES FOR APPROVALFIRST READING i. Resolution #2025-01: Tree Mitigation Fee Mayor O'Brien introduced this item. ATM/PWD Elliott-Moore introduced the Tree Board members that were present. She then turned the floor over to Mr. Cornelius. Mr. Cornelius introduced himself. He explained that the tree mitigation fee has not changed in ten years and needs to be updated. Mr. Cornelius commented on past meetings with the Tree Board in which the Board is recommending Page 1 of3 TOWN OF WINDERMERE Town Counci Meeting Minutes January 14, 2025 amending the tree mitigation fee from $75.00 to $175.00. He explained where those funds go once collected. Mayor O'Brien questioned enforcement. ATM/PWD Elliott-Moore commented on findings of the violations and enforcement of the fines. Discussion followed. Member Davit questioned the rational of not recommending the maximum fine allowed of $225.00. ATM/PWD Elliott-Moore explained that the Tree Board felt that the increase to $175.00 would be a good start. Member Haines stated that she agreed with the $225.00. After further discussion was made, Member Davit made a motion to approve Resolution 2025-0lwith increasing the mitigation fine to $225.00. Member Williams seconded the motion. Roll call vote was as follows: Stroup = aye, Williams = aye. Davit = aye, and Haines = aye. Motion carried 4-0. C. CONTRACTS & AGREEMENTS i. Sub-Recipient Agreement 4337-297-A Modification #1 with FDEM for W 2nd Avenue Drainage Improvements Mayor O'Brien introduced this item. ATM/PWD Elliott-Moore reminded all that this had previously been done. She explained that when the bid was received it was much higher than anticipated. ATM/PWD Elliott-Moore further explained that FDEM needed to review and approve the price increase, as well as the only one contractor that bid on the work. FDEM and FEMA have approved the increase and contractor. She stated that the project has not changed. Mayor O'Brien opened the floor to public comments. First to speak was Mr. Jeff Szukalski of219 W 2nd Avenue. (His comments are attached for the record). Member Stroup questioned ifMr. Szukalski had a solution. Mr. Szukalski stated that he was told he could not talk with Mr. Galura or Mr. Hamstra. Mayor O'Brien questioned why Mr. Szukalski was told not to speak with Mr. Galura and/or Mr. Hamstra. Mr. Szukalski stated he did not know. Mayor O'Brien commented that due to legal counsel being brought in by Mr. Szukalski, communication is then limited. After further discussion was made, Mr. Szukalski submitted permit violations to the public to view which were then to be submitted to the Town Council. Ms. Matine Pawlicki of 226 W Ist Avenue introduced herself. She commented that her area is getting worse. ATM/PW Director Elliott-Moore stated that she and Mr. Fitzgibbon met with Ms. Pawlicki and explained the proposed project. Discussion followed regarding the current issue, the proposed project, and water flow/retention. Mr. Don Huber of 522 W 2nd Avenue introduced himself. He then questioned the plans and details (timing) for the project. Mr. Galura briefly reviewed the proposed project. Member Haines questioned the collection of water and ifit's going to be piped east. Mr. Galura explained there is an existing system in place. Much discussion followed regarding water and movement ofwater. Member Davit commented on contingency. Mr. Galura explained that contingencies are not covered. After minimal discussion was made, Member Davit made amotion to approve sub-recipient agreement 4337-297-A modification #1. Member Williams seconded the motion. Roll call vote was as follows: Haines - aye, Davit - aye, Williams - aye. and Stroup -aye. Motion carried 4-0. ii. Consulting & Retainer Proposal JPF Development Solutions Amendment #3 Mayor O'Brien introduced this item. Member Davit made a motion to approve amendment #3. Member Williams seconded the motion. Roll call vote was as follows: Stroup = aye. Williams - - aye, Davit - aye. and Haines -aye. Motion carried 4-0. iii. Approve RFP 2024-01 Lobbying Services J & J Associates Mayor O'Brien introduced this item. Member Williams made a motion to approve J & J Associates. Member Haines seconded the motion. Roll call vote was as follows: Haines - aye. Davit = aye. Williams - aye, and Stroup -aye. Motion carried 4-0. Page 2 of3 TOWN OF WINDERMERE Town Council Meeting Minutes January 14, 2025 6. MAYOR & COUNCIL LIAISON REPORTS: Mayor O'Brien expressed his thanks to all that worked to bring "Old Glory" back to Town in honor of Evan Fitzgibbon. He then commented on the upcoming Arbor Day event, and the Centennial kick-off. Member Davit reported on the Historic Preservation Board meeting. Member Haines reported that SAC and Butler Chain of Lakes did not meet. She then reported on the upcoming Tree give away. Member Stroup reported on the Long-Range Planning Committee and the Comp Plan review. Member Williams reported that the Elders Luncheon has been renamed to 60+ (sixty plus) Social and the next Social will be February 4th. He then reported on the Centennial Committee and upcoming events. 7. STAFF REPORTS: a. TOWN MANAGER ROBERT SMITH = No report via Zoom. b. ATM/PWD TONYA ELLIOTT-MOORE - ATM/PW Director Elliott-Moore reported that her team is gearing up for the yearlong Centennial event and the' Tree giveaway event. C. TOWN ATTORNEY HEATHER RAMOS Attorney Ramos gave an update regarding the Boathouse litigation. She stated the plaintiff" S request to move the trail until next year and the Judge refused. The trail will be in the summer. d. POLICE CHIEF DAVE OGDEN - Chief Ogden reported on 365 Live, SRO negotiations, speed sign crash, annual report, and Code Enforcement. Member Davit questioned protective measures for "Old Glory". Chief Odgen stated it can be looked into. e. TOWN CLERK DOROTHY BURKHALTER - Clerk Burkhalter reported that qualifying closed and there will be an Election in March. She also reminded all that ifthey received ballots in the past, a renewed request is needed through the Orange County Supervisor of Elections office due to all previous requests expired December 31, 2024. Clerk Burkhalter reported on the annexation referendum and the Centennial Committee. Discussion was made regarding the 2nd Avenue project. 8. ADJOURN: Mayon O'Brien adjourned the meeting at 7:25pm Dorothy Burkhalter, MMC, FCRM Jis Brien, Mayor Town Clerk Page 3 of3 Dorothy Burkhalter From: Jeff Szukalski <geogolf@gmail.com)> Sent: Wednesday, February 12, 2025 8:13 AM To: Robert Smith; Dorothy Burkhalter Subject: Jeffs speech at Town Council Good morning Robert and Dorothy, Below is the speech - made yesterday. Thank you for your time. Jeff 1. Wauseon Bay is getting massive amounts of pesticides, fertilizers, and road coquina dumped into it from the 35acre drainage basin. Longtime Windermere cove residents are seeing an uptick in the levels of algal blooms, sediment, and vegetative growth in the cove. Our kids are getting sick and we no longer swim in our cove. 2. Due to the drainage system's poor design and an inability to maintain the system in working order, the Town is now dumping thousands of gallons of street water runoff, lawn debris and silt directly into Wauseon Bay. For reference, our irrigation pump and our dock needs to be dug out regularly from being buried by sediment. This has never been an issue before. 3. Torbin Abbott, PE, Resilient Civil Design, a drainage design expert, reviewed the drainage design documents and stated "you are getting a fast pathway to increased water volume and carrying as much dirt as possible with it...they are sending sediment into a waterbody, wholesale..this is the worst management practice and not a Best Management Practice. This system is doing the exact opposite of what is was designed to do. The stormwater needs to be captured upstream and held before sediment it gets into the system. 4. If the 2nd Ave. Road Project is allowed to continue as planned it will convey more water to this already overrun system. According to the Kimley 1 Horn Memorandum, dated December 2019 "the existing pipes only provide 50% capacity due to siltation" and "the existing French Drains provide no storage (no exfiltration). a. M The report also states "Findings: severe clogging of the existing pipes and possible ground water infiltration into the French Drains. The estimated runoff could be underestimated as a result of significant impervious areas added upstream in recent years. N Summary = Kimley Horn report states the system at best is working at 50% capacity due to siltation, has NO infiltration, and there has been significant impervious areas added in recent years. This Kimley Horn Memorandum proved this system is inundated with water and the town is saying that this system was UPSIZED to accommodate all the stormwater for the new W 2nd Ave project but the system is already failing. Public Works Stated "The proposed drainage improvements on Second Avenue will only improve the capture and conveyance of stormwater runoff to the First Avenue Drainage system and will better preserve the structural integrity of the roadway. 1 This means more dirty stormwater, road coquina and pesticides/Fertilizers moving faster than ever to Wauseon Bay. At this rate, it will turn into Lake Apopka. 5. Further, The Town does not have an easement for their stormwater to run over private property and into Wauseon Bay. Historical pictures from 2005- 2015 show there is no drainage in this area and this project has significantly eroded a private beach by directly piping water to the 1st Ave swales and the towns strategically built drainage system. Previous to installing the Forest St drainage system, the water would move slowly, percolate down, or collect at the 2nd and forest intersection. 2 This cannot be pushed under the rug any longer, especially while other drainage projects are being planned around town that could turn out as badly as this one did. 1. There is massive uncontrolled erosion happening along the 1st Ave shoreline. Per the SWFWMD Permit, this cannot happen. 2. There is a massive amounts of sediment being ejected into Wauseon Bay, much much more than the allowable 29NTU levels allowed. Another SWWMD, and EPD violation. 3. We need to routinely test the discharge into Wauseon Bay to endure the sediment dischare are staying below the 29 NTU levels. The town has never tested this discharge. 4. This is a significant environmental hazard to Lake Butler. It does not work to convey sO much water sO quickly to the 1st Ave. swale as it is a torrent with no time to allow sediment to settle to the bottom. As you can see from the video and photo, direct waterfront swales are full of sediment which is flowing directly into the lake. A plan needs to be put in place to reduce the speed and quantity of water moving to the 1st Ave swales. IN SUMMARY 5. 2nd Ave. Re-paving and Drainage project needs to be re-evaluated due to the failings of the current system at 1st Ave and Forest St. More water CANNOT be added to the system. Kimley Horn needs to demonstrate how they will slow the water going into the system. An obvious solution is to make the swales on Forest St. actually hold water instead of just conveying it with the cut inlets. Jeff Szukalski Office 407-800-9999 cell - (Text preferred) 407-394-4099 aogeogotimapong.con Owner Geogolf, Inc Daylight Capital, LLC 3