TOWN OF WINDERMERE Town Council Meeting Minutes February 11, 2025 CALL TO ORDER: Present were Mayor Jim O'Brien, Town Council Members Tom Stroup, Andy Williams, Mandy David, Tony Davit, and Brandi Haines. Town Manager Robert Smith ATMPWD Tonya Elliott-Moore, Attorney Christina Epperson, Deputy Chief Jayson Bonk and Town Clerk Dorothy Burkhalter were also present. 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 Roger Heinz of 411 W 1st Avenue. Mr. Heinz commented on conçerns with construction working hours and days/holidays. Mr. Cornelius explained the noise Ordinance that is currently in effect, which is seven days a week, 365 days per year, from 7:00am - 10:00pm. He then stated that an Ordinance would be needed to change the days, times, etc. Mayor O'Brien stated that this item would be further discussed at a later date. Next to speak was Mr. Frank Krens of 727 Forest Street. Mr. Krens commented on stormwater maintenance, and phones calls he's received regarding 1st Avenue/Forest Street, and Bessie Street. Mr. Jeff Szukalski of219 W 2nd Avenue introduced himself. He then commented on the Forest Street and 1st Avenue project. Comments attached. 2. SPECIALI PRSENTATIONFROCIANATIONSAWARIS: 3. TIMED ITEMS & PUBLICI HEARING 4. NEW BUSINESS a. RESOLUTIONS/ORDINANCES FOR APPROVALFIRST READING i. Resolution #2025-02: Dedication of the Vesting of' Title to Right of Way Mayor O'Brien introduced this item. He then stated that this item is being tabled. There were no objections. ii. ORDINANCE NO. 2025-01 AN ORDINANCE OF THE TOWN OF WINDERMERE, FLORIDA, PERTAINING TO PUBLIC CAMPING; DECLARING THAT ORANGE COUNTY ORDINANCE 25-036, RELATING TO THE REGULATION OF PUBLIC CAMPING IS EFFECTIVE WITHIN THE TOWN OF WINDERMERE; AMENDING SECTIONS 18-14AND 18-15 OF ARTICLE I OF CHAPTER 18 OF THE TOWN'S CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Mayor O'Brien read the title of proposed Ordinance No. 2025-01 for the record. He then stated that the seçond reading public hearing will be held at the March Town Council meeting. iii. ORDINANCE NO. 2025-02 AN ORDINANCE OF THE TOWN OF WINDERMERE, FLORIDA, PERTAINING TO RECORDKEEPING AND REPORTING REQUIREMENTS FOR 2COP LICENSEES; AMENDING ARTICLE IV Page 1 of 4 TOWN OF WINDERMERE Town Council Meeting Minutes February 11, 2025 IN CHAPTER 8 OF THE TOWN'S CODE OF ORDINANCES ENTITLED "ALCOHOLIC BEVERAGES" TO ADD A NEW SECTION 8-94 TO REQUIRE RESTAURANTS WITH 2COP LICENSES TO MAINTAIN SEPARATE RECORDS OF FOOD AND ALCOHOLIC BEVERAGES SALES AND TO SUBMIT REPORTS UPON REQUEST FROM THE TOWN MANAGER; PROVIDING FOR PENALTIES FOR FAILURE TO COMPLY WITH RECORDKEEPING AND REPORTING REQUIREMENTS; AMENDING SECTION 8-82 TO PROVIDE FOR REVOCATION OF CONDITIONAL USE APPROVAL IN THE EVENT OF NONCOMPLIANCE WITH NEW SECTION 8-94; PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Mayor O'Brien read the title of proposed Ordinance No. 2025-01 for the record. He then stated that the second reading public hearing will be held at the March Town Council meeting. b. DEVELOPMENT REVIEW BOARD i. Case No. Z24-10: 11920 Lake Butler Blvd. Variance to alllow attic access room, resulting in a 3rd story, and a pickle ball/sports court in the front yard Mayor O'Brien introduced this item. He then turned the floor over to Mr. Brad Cornelius. Mr. Cornelius gave a briefhistory of the previous lot split and conditions that were placed on the split. He then reviewed the request for the proposed attic access room (3rd floor) variance request. After the review, Mr. Cornelius then reviewed the pickle ball/sports court in the front yard variance request. He then stated that notices were mailed out with four received in favor and zero received in opposition. Mr. Cornelius stated that the DRB reviewed these items and has recommended approval. The DRB stated that the home could not exceed the thirty-five feet height requirement. Mr. Cornelius stated that the DRB had a 2-1 vote for the pickle ball/sports court due to there not being a hardship. Discussion followed regarding sports courts, lighting, and landscaping. Member Davit made a motion to approve the 3rd story attic access room. Member Williams seconded the motion. Roll call vote was as follows: Haines -aye. Davit - aye. David - aye. Williams = aye and Stroup - aye. Motion carried 5-0. Member Davit made a motion to approve the variance for pickle ball court as designed with landscaping, Member David seconded the motion. Roll call vote was as follows: Stroup - aye, Williams - aye, David - aye. Davit - aye, and Haines - aye. Motion carried 5-0. C. CONTRACTS AND AGREEMENTS i. First Amendment to the Memorandum of Understanding: Orange County Intergovernmental Radio System Encryption Key Mayor O'Brien introduced this item. Member Davit made a motion to approve First Amendment to the Memorandum of Understanding. Member Williams seconded the motion. Roll call vote was as follows: Haines -aye. Davit - aye. David - aye. Williams - aye and Stroup - aye. Motion carried 5-0. ii. Memorandum ofUnderstanding for the Transfer of the Windermere Wine and Dine Event to West Orange Foundation Mayor O'Brien introduced this item. Member Williams made a motion to approve the memorandum ofUnderstanding for the Transfer ofthe Windermere Wine and Dine Event to West Orange Foundation. Member David seconded the motion. Roll call vote was as follows: Stroup = aye. Williams Page 2 of4 TOWN OF WINDERMERE Town Council Meeting Minutes February 11, 2025 = aye. David - aye, Davit = aye, and Haines - aye. Motion carried 5-0. iii. Central Florida Foundation Agreement Establishing Town of Windermere Legacy Fund Mayor O'Brien introduced this item. Member Davit made a motion to approve the agreement 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. iv. 2024-2025 Municipal Election Vote Processing Equipment Use Agreement and Elections Serving Contract Mayor O'Brien introduced this item. Member Williams made a motion to approve the Election contract. Member Davit seconded the motion. Roll call vote was as follows: Stroup - aye, Williams - aye. David - aye, Davit - aye, and Haines - aye. Motion carried 5-0. V. Approval of Easement Agreements with Allen, Healy and Plotkin for 10th & Main Roadway Project Mayor O'Brien introduced this item. Member David made a motion to approve the easement agreements. 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. FINANCIAL i. Installation ofCrosswalk between 9th and 10th on Main Street $29,100 Mayor O'Brien introduced this item. Member David made a motion to approve. Member Haines 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. Approve the purchase to replace Vehicle #32 Mayor O'Brien introduced this item. Member Haines made a motion to approve the vehicle purchase. 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 iii. Approve the purchase to replace Vehicle #33 Mayor O'Brien introduced this item. Member David made a motion to approve. Member Haines seconded the motion. Roll call vote was as follows: Stroup = aye. Williams = aye. David - aye. Davit - aye, and Haines - aye. Motion carried 5-0. iv. KHA IPO 202: Transportation Services associated with consideration of Golf Cart Crossing locations in downtown Windermere $18,890 Mayor O'Brien introduced this item. Member Davit requested that this item be tabled due to a discussion he had with ATM/PWD Elliott-Moore. All agreed to table this item. e. BOARD AND COMMITTEE APPOINTMENTS i. Parks and Recreation: Jennnifer Kirby Page 3 of 4 TOWN OF WINDERMERE Town Council Meeting Minutes February 11, 2025 Mayor O'Brien introduced this item. Member David made a motion to appoint Jennifer Kirby to the Parks and Recreation Committee. 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. ii. Long Range Planning Committee: Stephen Lewis Mayor O'Brien introduced this item. Member Davit made a motion to appoint Stephen Lewis to the Long-Range] Planning Committee. Member) David seconded the motion. Roll call vote was as follows: Stroup - aye. Williams - aye, David - aye. Davit - aye, and Haines = aye. Motion carried 5-0. 6. MAYOR & COUNCIL LIAISON REPORTS: Mayor O'Brien opened the floor for liaison reports. Member Davit reported that the Historical Preservation Board did not meet. He also reported on the Sea Cadets, increased members and the need for a new meeting location. Member Haines reported on the Tree Board, SAC Meeting and the next Butler Chain of Lakes Committee meeting. Member David reported on the WAY Committee. Mayor O'Brien shared his appreciation to the Centennial and the Wine and Dine Committees. Member Stroup commented on the past Social Luncheon. 7. STAFF REPORTS: a. TOWN MANAGER ROBERT SMITH = Manager Smith reported on the Lobbyist, scaling back of appropriations, Roundabouts, Big Orange awards, Town Awards, congratulated Clerk Burkhalter for 32 years of service to the Town and Travis Mathias for 25 years ofservice, Chaine duLac annexation, Civics Day, and the March Town Council meeting moved to the 4th Tuesday due to the elections. b. ATM/PWD TONYA ELLIOTT-MOORE - ATM/PW Director Elliott-Moore gave a "shout out" to her team with all the extra work with all the events. C. TOWN ATTORNEY CHRISTINA EPPERSON Attorney reported that a bill summary will be reported at a later date. d. DEPUTY CHIEF JAYSON BONK - Deputy Chief Bonk reported on the upcoming annual awards ceremony, dispatch software training, and completion of the Annual 2024 report. e. TOWN CLERK DOROTHY BURKHALTER = Clerk Burkhalter reported on the upcoming municipal election. 8. ADJOURN: Mayor O'Brien adjourned the meeting at 6:55pm THA V Dorothy Burkhalter, MMC, FCRM Jim O'Brien, Mayor Town Clerk Page 4 of 4 Dorothy Burkhalter From: Jeff Szukalski <geogolf@gmailcom> 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 I 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. N 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 ofs significant impervious areas added upstream in recent years. M 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. 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 Szukaiski Office - 407-800-9999 cell - (Text preferred) 407-394-4099 mmugeopolimapona.con Owner Geogolf, Inc Daylight Capital, LLC 3