Wheels of Justice
Wheels of Justice
Grind Slowly, but Exceedingly Fine
The Library/Event Center/Parking Structure issue is still making its way through the tangled maze of the Florida judicial system. On October 20, the hearing regarding validation of up to $30 million in general obligation bonds for the purpose of building the library-event center came before Judge Margaret Schreiber of the Ninth Judicial Circuit.
Despite the array of arguments and the number of lawyers present to make them, at the end of the day, it comes down to one question. What language will the Judge put in her final order?
Bonds Will Be Validated
Since no one opposed validating the bonds, the Judge asked the city’s bond attorney, whose area of expertise this is, to come back to her by November 15 with drafts of two final orders for her signature. Both orders will validate the bonds.
Validation Order May? Or May Not? Include Location
One order will include the language of the location in Martin Luther King, Jr. (MLK) Park. The other will validate the bonds, but will include no language about the location. After she receives the two draft orders November 15, the Judge will decide which order to sign. Either way, the bonds will be validated.
Separate Suit on Petitions Also Pending
Meanwhile, a separate suit, this one filed in the Appellate Division of the Ninth Circuit, seeks to determine whether the petitions submitted to the City by the Save Our Library WP PAC constitute a Referendum or a Citizens’ Initiative.
Are the Petitions a Referendum?
If the appellate judge finds that the petitions are a Referendum, under Sec. 5.02 of the City Charter, then the petitions are not valid and the effort to block the location of the library in MLK Park fails.
Or a Citzens Initiative?
If the judge finds the petitions are a Citizens’ Initiative, under Sec. 5.01 of the City Charter, the petitioners will bring before the Commission an ordinance stating that no library may be built in MLK Park. The Commission must vote on that ordinance. If they pass it, it becomes law that no library may be built in MLK Park.
Final Decision May Be Up to the Voters
If the Commission does not pass the ordinance, then the ordinance will go on a ballot and it will be up to the registered voters in Winter Park to decide whether the ordinance passes or fails. In both cases, only a simple majority is required.
At this point, it is unclear how the outcome of one lawsuit will affect the outcome of the other.
Large Hole Opens on Fairbanks
Large Hole Opens on Fairbanks
East-Bound Fairbanks Temporarily Closed
This was the scene about 4:15 pm on Fairbanks Avenue across the street from Linda’s Diner. A water main beneath the roadway burst, and the resulting hole swallowed a large chunk of Fairbanks Avenue. Winter Park Police Officer Greg Easterbrook, who was at the scene, said the east-bound lanes of Fairbanks between I-4 and Harold St. would be closed “for at least six to eight hours, perhaps more.”
Officer Easterbrook said he had received a call that the road was flooded. He said he responded, “and sure enough, a large hole had opened. Fortunately,” said Easterbrook, “this happened on a Sunday instead of during Monday rush hour.”
Crews will remain on the scene until the roadway repair is complete.
Hannibal Square Heroine
Hannibal Square Heroine
Won’t Take No for an Answer
At the October 24 Commission Meeting, Winter Park learned (if it didn’t know already) that Martha Bryant Hall is a force to be reckoned with. Since early summer, Mrs. Hall has sought to have the home she shared with her late husband, the Reverend Jerry Hall, placed on the Winter Park Register of Historic Places.
First, City Staff Recommends in Favor
A Staff Report prepared by City Planning Manager Jeff Briggs for the July 13 meeting of the Historic Preservation Board (HPB) recommended in favor of listing the Hall house at 331 Lyman Avenue. Mrs. Hall’s application was based on the age of the home – 58 years – and the significant contributions to the community of Reverend Jerry Hall.
HPB Tables the Request
Reverend Jerry Hall Residence
The minutes of the HPB meeting show that Mrs. Hall’s application was “continued,” however, and would not be heard at the July 13 meeting.
What the Ordinance Said At the Time
At the time of Ms. Hall’s application, the Historic Preservation Ordinance, No. 3024-15, stated, “The eligibility of any potential historic landmark, resource or district shall be supported by meeting applicable (sic) criteria based upon the National Register of Historic Places guidelines criteria (sic) for evaluation at the local, state or national level.”
(1) A quality of significance in American history, architecture, archeology, engineering, and culture is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and associations; and
(2) At least one of the following:
i. That are associated with events that have made a significant contribution to the broad patterns of our history, or
ii. That are associated with the lives of persons significant in our past, or . . . .
Five additional criteria follow which are not applicable in this case.
Then City Staff Recommends Against
Mrs. Hall’s request came to the HPB again on August 24, with a staff recommendation that the home at 331 Lyman Ave. not be placed on the Winter Park Register of Historic Places. The report, prepared by City Planning Director Dori Stone, stated the home had no architectural significance and that Reverend Hall had not been dead long enough.
“While Reverend Hall was an important figure to the community, he passed away in 2008,” Stone wrote in the report. “It is still too early to know how his legacy and contributions to the city, especially in the Hannibal Square area, will be determined.”
When Hannibal Square resident Mary Daniels rose to ask HPB members whether they knew of any document that stated a person had to be dead a certain length of time to be considered significant, she was told they did not.
Ordinance Was Under Review
The Historic Preservation ordinance was undergoing review at the time of the August meeting. It had been the widest plank in the campaign platform of Commissioner Peter Weldon, who had vowed to revise the ordinance if he were elected, which he was.
The minutes of the August 24 HPB meeting show that Ms. Stone stated: “. . .the initial staff report that Mrs. Hall received was a draft that did not properly cite the new historic preservation ordinance, and the final staff report was rewritten to cite the criteria of the new historic preservation ordinance.”
The HPB unanimously denied Mrs. Hall’s request for historic designation.
Perseverance Pays
On October 24, Mrs. Hall requested the City Commission reconsider her case and overturn HPB’s denial of her request for historic designation. Mrs. Hall and those who spoke on her behalf elicited a range of responses from the Mayor and Commissioners.
Sprinkel: “It’s the Merits of the Man, Not the House.”
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Cooper: “It’s a Great Day for Winter Park.”
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Weldon: “This Sets a Precedent that Will Be Difficult for Us.”
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Seidel: “I Just Want to Apologize That You’re Even Here.”
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Leary: “I Have Trouble Supporting This because of the Experts’ Opinions.”
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The Commission voted 3 to 2 to approve Mrs. Hall’s request to place the home at 331 W. Lyman Ave. on the Winter Park Register of Historic Places.
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