Town considers fence to curb illegal activity in parks

The town of Windermere hosted a virtual public workshop to discuss Lake Street parks Wednesday, July 12.

The town heard the concerns of residents and discussed possible solutions regarding the parks.

Town Manager Robert Smith introduced the presentation and said residents have experienced unacceptable behavior from those using the parks, such as loud noise and drug use.

In March, the Town Council provided staff with a list of six items for further exploration. 

The items included obtaining pricing on a fencing and access system for Lake Street and Lake Down parks, determining the process and restrictions for installing the fence, and continuing to work with the Orange County Environmental Protection Division on establishing a swim area, if possible.  

Additional items, such as exploring a non-resident fee option and processes, as well as looking at options for the roof at the boat dock, and exploring patrol officers for the park, also were on the list. 

Smith noted the positive impact of the recent gate and access system installation at Fernwood Park.

Smith said Florida Recreation Development Assistance Program grants, funded by the Florida Department of Environmental Protection, were used to make improvements to the Lake Street parks. 

Because of this, he said, the town is not able to return the $127,000 grant, and the park must be accessible to the public because the town utilized public funds. 

However, the town still can restrict access, charge a fee for use, and restrict the days and hours passholders can use the park. It also can require a hold-harmless agreement, through which access could be terminated if the parameters are violated.

Smith said adding fencing and access systems would cost $33,240 for Lake Street Park and $15,160 for Lake Down Park. 

“I don’t want to give false hope to anybody that just by putting up a fence with an access code is not going to relieve the issues that are happening...” Smith said. “Hopefully, it will reduce it, but it’s not going to stop any of the issues...”

Smith said the town’s jurisdiction ends at the normal-high water elevation. 

“We’re kind of handcuffed in what we can actually do, but we’re trying to do as much as we can to make sure that everybody is enjoying the parks and the residents that are adjacent to the parks are still enjoying their peace and quiet,” Smith said. 

Residents believe the fence would have a positive impact but noted they still have concerns. 

Gian Bonfanti said the disturbances have been less impactful this year, but the park is still closed; his desire is to see it open. 

“It’s great if we can get people there, because it should be enjoyed by folks,” he said. “It’s just when you get 40 teenage kids down there blaring music. … You’ve got the Jet Skis and all that — that’s when it’s not fun. … I say take the roof off the dock so people don’t go on it.”

Smith said the town is working with the Federal Emergency Management Agency, following Hurricane Ian, to fix the dock and re-establish the shoreline and sidewalks. However, there is no re-reimbursement. 

Paul Eastwood believes the fence is a step in the right direction.

“It’s a deterrent; we’re never going to stop the problems we’re seeing,” he said. “My observation from what we’re seeing here at the end of our pier is that we see a lot of Jet Ski activity. …We see the doughnuts, we see the figure eights meters away from the end of your dock.”

Smith said although the fence likely will discourage some behaviors, it also would introduce some new problems.

“It’s a double-edged sword,” he said. “If there’s something illegal happening, of course, they’re going to take care of it. If somebody is acting inappropriately, they’re going to take care of it. But having an officer come in and just saying, ‘Let me see your IDs’ — it just creates a negative interaction that you just don’t want to have with not only your residents, but it creates an issue with law enforcement versus a teenager or somebody else.”