{"id":197080,"date":"2026-03-18T23:21:11","date_gmt":"2026-03-18T23:21:11","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-fl\/197080\/"},"modified":"2026-03-18T23:21:11","modified_gmt":"2026-03-18T23:21:11","slug":"windermere-town-council-declines-boathouse-offer-counteroffer","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-fl\/197080\/","title":{"rendered":"Windermere Town Council declines boathouse offer, counteroffer"},"content":{"rendered":"<p id=\"h921792-p1\" class=\"permalinkable\">The Windermere Town Council voted down two offers to resolve the town\u2019s ongoing litigation against the five titled owners of the centuries-old Third Avenue boathouses at its meeting Tuesday, March 10.<\/p>\n<p id=\"h921792-p2\" class=\"permalinkable\">The vote came after Windermere Town Council and the residents participated in virtual mediation Wednesday, Feb. 25, before mediator and retired Circuit Judge Frederick J. Lauten.<\/p>\n<p id=\"h921792-p3\" class=\"permalinkable\">Rachael Crews, the appellate counsel of record for the matter, presented the Town Council with the boathouse residents\u2019 offer that asks the town to pay $500,000 to cover their fees and costs, drop the town\u2019s appeal of the November 2025 final judgement and execute a release that makes it clear that the town will not contest the ownership of the boathouses and the underlying land on which they sit.\u00a0<\/p>\n<p id=\"h921792-p4\" class=\"permalinkable\">The town decided in December 2025 to appeal the decision to the Sixth District Court of Appeal following Ninth Circuit Court Judge John E. Jordan signing an order in October 2025 in favor of the five titled owners of the boathouses.\u00a0<\/p>\n<p id=\"h921792-p5\" class=\"permalinkable\">The appeal status is ongoing since its deadline was put on hold during the mediation process, Crews said.\u00a0<\/p>\n<p id=\"h921792-p6\" class=\"permalinkable\">Before a vote on the residents\u2019 offer, Crews presented the counteroffer that Town Manager Robert Smith authorized.\u00a0<\/p>\n<p id=\"h921792-p7\" class=\"permalinkable\">Windermere\u2019s counteroffer included legally determining and clarifying the ownership of the boathouses and the associated land on which the boathouses sit, recommending the town pay the residents $105,000 instead of $500,000 and offer the residents a 99-year lease with auto-renewal, which is \u201ceffectively permanent ownership,\u201d Crews said.\u00a0<\/p>\n<p id=\"h921792-p8\" class=\"permalinkable\">Crews said one of the biggest issues with the underlying November 2025 trial court order is that it left ownership completely open: It stated the town did not sufficiently prove ownership for lease and eviction purposes and also left open who owns any portion of the lagoon.\u00a0<\/p>\n<p id=\"h921792-p9\" class=\"permalinkable\">\u201c(With the town\u2019s offer) both parties would walk away with legal papers where they could say \u2018This is what we own and this is what you own,\u2019\u201d Crews said. \u201cUnder our proposal, the boathouse residents would have the boathouses in that footprint, and the town would clearly own the rest of the lagoon and the road right of ways.\u201d<\/p>\n<p id=\"h921792-p10\" class=\"permalinkable\">Crews said the reason for explicitly stating the town owns the roads is because of \u201cproblematic language\u201d in the order suggesting the town never accepted the plat of Windermere, which, if true, then theoretically the town has no ownership of any of its roads or right of way.<\/p>\n<p id=\"h921792-p11\" class=\"permalinkable\">\u201cIt\u2019s just sloppy language,\u201d Crews said. \u201cI believe in the court orders that needs to be cleared up in terms of overall ownership interest.\u201d\u00a0<\/p>\n<p id=\"h921792-p12\" class=\"permalinkable\">Included in the counteroffer also was a recommendation for Town Council to add a limitation to what could be done in the lagoon area, to coincide with the town\u2019s efforts in keeping the historic area pristine.\u00a0<\/p>\n<p id=\"h921792-p13\" class=\"permalinkable\">\u201cWe want it to be a natural area, we don\u2019t want to see a big monstrosity erected, or these historic boathouses torn down and something huge built,\u201d Crews said. \u201cWe want to keep the area as it is.\u201d<\/p>\n<p id=\"h921792-p14\" class=\"permalinkable\">Council member Tom Stroup said he agreed with the town\u2019s counteroffer of a 99-year lease with auto-renewal but believed the $105,000 to cover fees and costs was not a reasonable amount. Crews said the residents did not provide an official number but indicated their current legal costs are around $800,000.\u00a0<\/p>\n<p id=\"h921792-p15\" class=\"permalinkable\">The Town Council rejected the residents\u2019 offer 4-1, with Stroup dissenting.\u00a0<\/p>\n<p id=\"h921792-p16\" class=\"permalinkable\">In the middle of the second motion to vote on approval of the town\u2019s counteroffer, one of the boathouse owners, Jerry Fay, gave his opinion on it.\u00a0<\/p>\n<p id=\"h921792-p17\" class=\"permalinkable\">\u201cYou keep talking about a 99-year lease; you don\u2019t own anything to lease to us,\u201d Fay said. \u201cYou have not proven a thing that you own any of this lagoon or property or right of way or anything that you\u2019re supposed to lease to us for 99 years. We\u2019d be fools to take something like that.\u201d\u00a0<\/p>\n<p id=\"h921792-p18\" class=\"permalinkable\">Town Council voted 2-3, with council members Stroup, Brandi Haines and Mandy David dissenting, failing to approve the town\u2019s counteroffer to the boathouse residents.\u00a0<\/p>\n<p id=\"h921792-p19\" class=\"permalinkable\">With neither offer approved, the Town Council moved to schedule a shade meeting to discuss the town\u2019s options.\u00a0<\/p>\n<p>Restroom concept approved<\/p>\n<p id=\"h921792-p20\" class=\"permalinkable\">The long-proposed restroom facility to be built near town hall and Windermere Library is moving forward as the Town Council unanimously approved the fourth concept iteration but not without some extra questions about measurements.\u00a0<\/p>\n<p><img decoding=\"async\" alt=\"\" class=\"media-element file-default fr-fic fr-dii\" src=\"https:\/\/www.newsbeep.com\/us-fl\/wp-content\/uploads\/2026\/03\/town_hall_restroom_plan_t850.png\" title=\"\"\/>Courtesy image<\/p>\n<p id=\"h921792-p22\" class=\"permalinkable\">The restroom facility concept includes one additional urinal in the men\u2019s restroom and one additional toilet stall in the women\u2019s restroom compared to previous designs. In total, there will be four fixtures in each of the men\u2019s and women\u2019s restrooms. The facility also plans to include a separate family restroom with one toilet.\u00a0<\/p>\n<p id=\"h921792-p23\" class=\"permalinkable\">Haines expressed concern about the concept, though, noting that the measurements didn\u2019t add up to her.<\/p>\n<p id=\"h921792-p24\" class=\"permalinkable\">\u201cThe site plan that\u2019s included in the agenda packet says 619 square feet, and that\u2019s actually also written on the drawing for the newest option four, but when I calculated it, I\u2019m coming up with 730 square feet,\u201d Haines said.<\/p>\n<p id=\"h921792-p25\" class=\"permalinkable\">Haines said the concern and reason for asking was that once the square footage returns to the 700s, it will be similar to the first concept the Town Council reviewed. She added that the bigger the concept gets, the more likely it is to harm the two historic oak trees in the construction area.<\/p>\n<p id=\"h921792-p26\" class=\"permalinkable\">John Fitzgibbon, town consultant and civil engineer, stated the construction process is in its early stages.\u00a0<\/p>\n<p id=\"h921792-p27\" class=\"permalinkable\">\u201cWe\u2019re at schematic level,\u201d Fitzgibbon said. \u201cWe\u2019re trying to figure program out, we\u2019re trying to figure out the layout here. So I think it\u2019s important for you guys tonight to vote on concept, and let us do our thing, and we\u2019ll come back with a solid plan.\u201d<\/p>\n<p id=\"h921792-p28\" class=\"permalinkable\">Plans for the restrooms will be brought before council at 40%, 60% and 90% project completion for feedback from Town Council.\u00a0<\/p>\n<p>Town Hall rehabilitation gets green light<\/p>\n<p id=\"h921792-p30\" class=\"permalinkable\">The Town Council unanimously approved phases 2 and 3 of the Windermere Town Hall rehabilitation project, which includes interior reconfiguration, accessibility improvements and proposed porch and roof modifications.\u00a0<\/p>\n<p id=\"h921792-p31\" class=\"permalinkable\">The project did not require formal review by the State Historic Preservation Office, but the town coordinated with the office to ensure the rehabilitation is sensitive to the building\u2019s historic character.\u00a0<\/p>\n<p id=\"h921792-p32\" class=\"permalinkable\">The effort is expected to take approximately 133 hours and is projected to cost between $15,930 to $19,980.<\/p>\n<p><img decoding=\"async\" alt=\"Former Windermere Mayor Jim O\u2019Brien received a key to the town from Mayor Andy Williams, who was sworn in Tuesday, March 10.\" class=\"media-element file-default fr-fic fr-dii\" src=\"https:\/\/www.newsbeep.com\/us-fl\/wp-content\/uploads\/2026\/03\/WTC1_t850.JPG\" title=\"Former Windermere Mayor Jim O\u2019Brien received a key to the town from Mayor Andy Williams, who was sworn in Tuesday, March 10.\"\/><\/p>\n<p>Former Windermere Mayor Jim O\u2019Brien received a key to the town from Mayor Andy Williams, who was sworn in Tuesday, March 10.<\/p>\n<p>Photo by Liz RamosLeaders sworn in<\/p>\n<p id=\"h921792-p34\" class=\"permalinkable\">Before moving to new business, the Town Council shook up its seating chart.\u00a0<\/p>\n<p id=\"h921792-p35\" class=\"permalinkable\">Longtime Windermere Mayor Jim O\u2019Brien swore former Town Council Member Andy Williams into the position. Williams is the fifth generation of his family to live in Windermere and has served on Town Council since March 2018.\u00a0<\/p>\n<p id=\"h921792-p36\" class=\"permalinkable\">After taking the oath of office, Williams presented O\u2019Brien with a key to the town, commemorating his 16 years of service to Windermere. O\u2019Brien served as a Town Council member from 2011 to 2019 and mayor from 2019 to 2026.\u00a0<\/p>\n<p><img decoding=\"async\" alt=\"Brandi Haines is entering her second term on Windermere Town Council.\" class=\"media-element file-default fr-fic fr-dii\" src=\"https:\/\/www.newsbeep.com\/us-fl\/wp-content\/uploads\/2026\/03\/Brandi_Haines_t850.jpg\" title=\"Brandi Haines is entering her second term on Windermere Town Council.\"\/><\/p>\n<p>Brandi Haines is entering her second term on Windermere Town Council.<\/p>\n<p>Courtesy photo<\/p>\n<p id=\"h921792-p37\" class=\"permalinkable\">\u201cIt\u2019s fitting that finally I get the key, and we\u2019ve changed to swipe cards,\u201d O\u2019Brien joked. \u201cI just want to say what a privilege it\u2019s been to serve each and every one of you. I want to thank my family for all the time they\u2019ve allowed me to do this and staff for helping us all along the way. You can see that these things are not always easy, a lot of times they\u2019re fun and easy, but a lot of times they\u2019re not. Another thing I want to say to each and every one of you is I know that our town is in fantastic shape leadership-wise. I have full confidence in each and every one of you, and I look forward to all of your success, which is our success.\u201d<\/p>\n<p id=\"h921792-p38\" class=\"permalinkable\">The town plans to hold a celebration for O\u2019Brien at town hall Friday, March 27.<\/p>\n<p><img decoding=\"async\" alt=\"CT Allen is the newest member of the Windermere Town Council.\" class=\"media-element file-default fr-fic fr-dii\" src=\"https:\/\/www.newsbeep.com\/us-fl\/wp-content\/uploads\/2026\/03\/CT_allen_t850.jpeg\" title=\"CT Allen is the newest member of the Windermere Town Council.\"\/><\/p>\n<p>CT Allen is the newest member of the Windermere Town Council.<\/p>\n<p>Courtesy photo<\/p>\n<p id=\"h921792-p39\" class=\"permalinkable\">Williams follows in the footsteps of his grandfather and namesake, Loren Robertson \u201cAndy\u201d Williams, who was a former mayor of Windermere.<\/p>\n<p id=\"h921792-p40\" class=\"permalinkable\">Replacing Williams on the Town Council is CT Allen, a longtime resident of Windermere. She was a part of the group of seven Windermere Elementary School parents that created the Mustang Education Fund and started Windermere Wine &amp; Dine as a fundraiser.<\/p>\n<p id=\"h921792-p41\" class=\"permalinkable\">Town Council member Haines was sworn into her second term after she was first selected for the position in October 2023, filling the seat after the resignation of Molly Rose. Haines was reelected after she ran unopposed in March 2024.\u00a0<\/p>\n<p>\u00a0<\/p>\n","protected":false},"excerpt":{"rendered":"The Windermere Town Council voted down two offers to resolve the town\u2019s ongoing litigation against the five titled&hellip;\n","protected":false},"author":2,"featured_media":81234,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11],"tags":[139,141,140],"class_list":["post-197080","post","type-post","status-publish","format-standard","has-post-thumbnail","category-orlando","tag-orlando","tag-orlando-headlines","tag-orlando-news"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/posts\/197080","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/comments?post=197080"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/posts\/197080\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/media\/81234"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/media?parent=197080"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/categories?post=197080"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-fl\/wp-json\/wp\/v2\/tags?post=197080"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}