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News: Top Stories
Roundabout at Windermere Elementary could be delayed
Town Council might condemn a small piece of property to complete the project.
By Kathy Aber
The roundabout planned to improve traffic flow at the intersection of Main Street and Park Avenue in Windermere is all ready to go except for one critical piece of property.
The town still needs to obtain title to approximately 3,614 square feet, or .083 acres, a section of the old railroad right-of-way on the southwest corner of the intersection. This piece is owned by the Jerry Kennedy Trust, and town resident Ken Ward is the agent for this trust.
Engineer Tom Kelley presented an update on the proposed traffic roundabout for the Windermere Town Council during its meeting last Tuesday. He explained that obtaining title to this one small piece of land could hold up the intersection improvements into next year. The town had planned to install the roundabout during the December-January school holidays.
He told the council the town has reached agreements with Orange County Public Schools, Orlando Utilities Commission and Progress Energy and acquired the necessary easements from them. Last Friday, the town filed a prescriptive easement to take ownership of the Park Avenue intersection. They filed a maintenance map with the Orange County Clerk of Courts on Friday, demonstrating that the town has maintained the intersection for more than seven years.
But Kelley told the elected official the town staff had not been able to reach an agreement with Ward for the final section. Negotiations with Ward have dragged on for months, and the council discussed condemning the property to take title to it if Ward would not accept the appraised value.
At one point, Kelly said, Ward had agreed to cede the right-of-way, approximately 144 feet in length, in exchange for a payment of $10,000 but now had added more conditions to the deal.
Council Member Bob Sprick stressed the urgent need for the intersection improvements and suggested the town pay Ward's asking price.
An appraisal of the land is pending, and the town's legal counsel, Heather Ramos, said it would be available in a few days.
It had not been received as of Monday, according to the town manager.
Sprick introduced a motion to pay Ward $10,000 if an agreement could be reached by Aug. 29, stipulating that the town would proceed with the condemnation if Ward did not accept the offer. The motion failed 3-2 with council members John Briggs, Richard Irwin and Norma Sutton voting against it.
Briggs strongly objected to paying Ward $10,000, especially without an appraisal.
He said Ward has not been responsive and mail from the town has been returned as undeliverable. In addition, Briggs said, Ward has made a proposal, changed his mind and always wants more and more.
"I think it's extortion," said Briggs.
He also stressed that this deal could set a precedent.
"We're going to have to deal with Mr. Ward again because he owns the property, the railroad right-of-way, that's necessary for the improvements that we've talked about doing at the other end of Main Street," said Briggs.
The council voted unanimously to pay Ward the appraised value of the property once the appraisal has been received and, if an agreement is not reached in 30 days, to proceed with condemnation.
The council hopes this can be accomplished prior to the Sept. 9 regular meeting.
On another issue, project engineer John Fitzgibbon reported the stormwater outfall projects that are currently under way.
Four of the projects have been completed. Crews are currently working on North Oakdale Street. This project is 40 percent complete - most of the work on the west side of the street done. This is an extensive project that involves excavation and grading, asphalt paving, removal and reinstallation of 17 mailboxes, installing several storm structures, culverts and pipes and a concrete sidewalk, along with resodding. They will now begin installing pipe on the east side of the street with full completion excepted by the end of September.
Then, the final project, drainage work at Fifth Avenue and Lake Street, will begin. It will resolve long-standing flooding and drainage problems at the intersection. Fitzgibbon reported the town had obtained the necessary easement from an adjacent property owner.
In other business, the council:
learned that the town manager is still researching the possibility of outsourcing the town's permitting process and will give a full report next month.
held the first reading of an ordinance regarding picnicking on public property.
approved wording for a new sign to be installed at Fernwood Park.
heard a report from Police Chief Dan Saylor on a recent study of speeding at First Avenue and Pine Street and at First Avenue and Butler Street. The council agreed to discuss ways to reduce excessive speeding at the September meeting.
deferred a discussion of revisions to the accessory structure ordinance until the next meeting so Stephen Withers, a member of the Development Review Board, could explain the changes he recommended last month.
declared August staff appreciation month by reading a proclamation.
agreed to have the town attorney research and draft an ordinance implementing interim assessments for homes and renovation projects ongoing for more than a year.
authorized the Historical Board to investigate the possibility of moving the 1890 School House and the historic WPA Outhouse to the Town Square. In addition, the council approved a pre-1970s car show in conjunction with the Fourth of July Pancake Breakfast in 2009.
accepted the recommendation of the Parks and Recreation Committee to enlarge the swim area at Lake Down Park.
approved an Eagle Scout project for Tom Potthast Jr. to remove play equipment from Central Park, renovate it and reinstall it in Palmer Park, also at the request of the Parks and Recreation Committee.
denied a request by the Downtown Business Committee for $2,000 to support a Fall Festival event Oct. 25 from 10 a.m. to 4 p.m. The council asked committee to come back with a more complete proposal next month.
The following individuals were approved as voting members of the committee: Andy Williams, Mike Pirozollo, Suzi Karr, Denise Brown, Mark Dean, Matt Allen and Chris Sapp.
The town merchants requested they be allowed to advertise in the town's newsletter, and the council agreed to make this an option.
In addition, the committee asked the council to review ways to improve the pedestrian crossing near the roundabout at Sixth Avenue and Main Street next month.
discussed strategies for addressing numerous code enforcement violations in town stemming from homes in foreclosure and others that are abandoned or vacant. There are currently 26 properties in these categories.
adopted an Interlocal Agreement for School Concurrency.
under the consent agenda, approved a bid of $38,456 from Fleck Construction to install a pier at the end of Fourth Avenue in Lake Down.
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