Boathouse Leases FAQs
The boathouses along 3rd Avenue are a unique and treasured feature in Windermere. But as such, they have also always been a hot topic around town, especially the past few years. Currently, there is a lot of (mis)information circulating non-Town-official social media forums/the internet in general, and word of mouth. Understandably, this has led to a lot of confusion among residents relating to the boathouse leases. Typically, the Town does not feel the need to respond to rumors. In this case howver, with the number of calls, emails, and text messages to staff and elected officials, we wanted to provide an FAQ to help alleviate some confusion.
Who currently Leases the Boathouses?
- Boat House 1 – Leased to John P. Luff. Re-assigned to Curt Frazer
- Boat House 2 – Leased to Victor Thompson. Re-assigned to Daniel and Anne Fanelli
- Boat House 3 – Leased to Fred Pryor. Re-assigned to Russell Gentry (Amend Lease)
- Boat House 4 – Leased to Jack McManus and Bill Rose. Amendment with Joyce Rose and George Poelker
- Boat House 5 – Leased to Gerald Fay
What are the terms of the leases?
- The original lease was for 20 years, which expired in February 2021. The Town Council decided to extend this lease until August of 2021, which would allow time for them to determine whether to extend the leases to the current tenants or to “reset” and go in another direction, such as a lotto system.
Who owns the boathouses?
- Current tenants would argue that they do. The Town disagrees with this position, and Council is willing to defend their position in court should the current tenants file a lawsuit to determine ownership. The proper venue to resolve this issue is court system, rather than litigation in the court of public opinion (social media, videos, emails, etc.).
What happened at the May 25th Workshop? (watch it here)
- The Historic Preservation Board recommended the following to Town Council:
- The current tenants be provided a 99-year lease with a right of survivorship to the spouse
- A fair market rental be established
- Tenants rehab the boathouses to meet standards set forth by the Historic Preservation Board
- If a tenant passes away or moves out of Town, then the lease would be awarded via a lotto system to a Town Resident
- Town Council compromised based on not only input by tenants but also residents looking to take over the leases. Town Council consented to leasing to the existing tenants for a term of about 20-25 years, right of survivorship to spouse, and should the tenant pass away or move, then the lease would go into the lottery.
What condition would be in the lease to protect surrounding property owners?
- Should the tenant not live up to the lease, it would be terminated and sent to the lottery system (another Town of Windermere Resident)
- Should the tenant not maintain the structure, then the lease would be terminated and sent to lottery system (another Town of Windermere Resident)
- Should the tenant receive complaints or calls from the police due to activity at the boathouse, then the lease would be terminated and sent to lottery system (another Town of Windermere Resident)
What happens if the Town Council does not renew the current leases?
- Town Staff would recommend the following:
- Boathouses be reconstructed to adhere to the standards set forth by the Historic Preservation Board. The cost to do this would be split evenly between all the boathouses as to the payback to make it fair and equitable. Ex: Boathouse 1 cost $5k, Boathouse 2 $10k, Boathouse 3 $5k, Boathouse 4 $10k, Boathouse 5 $5k, then $35k would be divided into the 5 leases over a period of time
- A reasonable rental rate be established, which would include a payback to the Town for the refurbishment of those boathouses
- Terms of longevity of leases to be established by Town Council. The payback eliminates the costs that would only make the leases available to those that have more means than others
- Residents would enter their name into the lottery system for award of a lease for the term established by Town Council
- Rental revenues can go to the Historic Preservation Board to rehab historic sites and structures
- Should the tenant not live up to the lease, it would be terminated and sent to lottery system (another Town of Windermere Resident)
- Should the tenant not maintain the structure, then the lease would be terminated and sent to lottery system (another Town of Windermere Resident)
- Should the tenant receive complaints or calls from the police due to activity at the boathouse, then the lease would be terminated and sent to lottery system (another Town of Windermere Resident)
How would lottery system work?
- Those interested would provide proof of Town residency and submit their names into the system. Once a lease becomes available, everyone in that system will have an equal opportunity to be selected for a lease. Once that term ends, a tenant moves, etc. the lottery system would again reestablish who takes over that lease. This would afford all residents a fair and equitable opportunity to get a lease and possibly enjoy a boathouse should they not have lakefront property.
For further questions or concerns, please contact Dorothy Burkhalter or Robert Smith.
Should you wish have Town Staff direct your comments on this issue to Town Council, please email Dorothy Burkhalter or Robert Smith.