Save Our Library PAC Disputes Judge’s Ruling
Save Our Library PAC Disputes Judge’s Ruling
Requests Rehearing to Present New Evidence
The Save Our Library WP PAC has filed two motions with Orange County Circuit Court requesting a rehearing of the library bond validation suit and asking Judge Margaret Schreiber to amend her Final Judgment, issued December 7, 2016.
PAC Wants to Present New Evidence
The request for rehearing is to present evidence, not presented at the hearing on October 20, 2016, that contradicts the City’s position that the new library-event center complex can only be built in Martin Luther King, Jr., (MLK) Park.
Memory Jog for City Manager
The evidence in question is video of City Manager Randy Knight speaking April 21, 2016 at a public meeting about the library. In the video, Knight states that the library could be built in a location other than MLK Park. At the October court hearing, Knight testified that he could not recall whether or not he had made that statement at the April meeting.
PAC Asks Judge to Strike 3 Paragraphs
The motion to amend the Final Judgment asks the Judge to eliminate paragraphs #26, #34 and #35 of the Final Judgement. Click Here to read Final Judgment.
Paragraph #26 refers to the PAC’s petition as a “reconsideration of the Bond Ordinance,” and states that the petition is now barred because it failed to meet a 30-day deadline for filing.
‘Reasonable Voter’ Paragraph Questioned
Paragraph #34 holds that a reasonable voter, upon reading the bond ordinance, would have understood that the new complex was to be built on the site of the existing Civic Center, and Paragraph #35 states that the MLK site was a matter of public record because of the motion passed at the October 26, 2016 commission meeting.
No Decision Reached in Separate Case
The PAC’s requests are based on a separate action filed in the Ninth Circuit Appellate Division in which they claim their petition is a Citizens’ Initiative and does not seek reconsideration of the bond ordinance. They hold that, because the intended location of the new complex did not appear anywhere on the ballot, the voters did not knowingly vote to locate the complex in MLK Park. They voted only to approve the library bonds.
No One Contested the Bond Validation
“In the bond validation case,” said PAC President Michael Poole, “the judge was asked only to validate the bonds. No one contested that. I do not know how [Judge Schreiber] could also decide on the library location when the location language appeared nowhere on the March 15 ballot. And the decision as to whether our petition constituted a reconsideration of the bond ordinance or not has nothing to do with validating the bonds.”
PAC: Court Lacks Jurisdiction
The PAC’s Motion to Alter or Amend Final Judgment states that paragraphs #26, #34 and #35 refer to, “. . .a collateral issue to the bond validation proceedings and [we] respectfully believe the Court does not have jurisdiction over this issue. The Court is aware that a Writ of Certiorari has been filed with the Ninth Judicial Circuit . . . . This case is pending and specifically addresses [these issues].”
The pending case is before a three-judge panel in the Ninth Circuit Appellate Division. Poole says they do not know when the panel will issue their ruling.
2016 Finale – Commission Approves Comp Plan
2016 Finale - Commission Approves Comp Plan
Nixes High-Density Provisions
After a marathon meeting that lasted well into Monday night, the Commission voted to accept a revised Comprehensive Plan. They concluded their final meeting of 2016 by voting to send it to Tallahassee for review by the Florida Department of Economic Opportunity.
Commissioners Listened
The revised plan underwent further revision, much of it resulting from citizens’ expression of their opinions and wishes to the Commissioners. In the words of Mayor Steve Leary, “We listen. We may not agree, but we listen.” Clearly, they did.
‘Urban Scale’ Heights Reduced
Two major revisions agreed to by the commissioners were the removal of four-story building height on North Denning and eight-story “urban scale” buildings along Fairbanks west of I-4.
R-4 Zoning Removed
Commissioner Peter Weldon made a motion, which the Commission approved, to remove the high-density residential land use category that allows for an R-4 zoning district.
This concluded the first reading of the ordinance to adopt the new Comp Plan. The second and final reading is set for April 2017.
Judge Validates $30 Million Bond for Library in MLK Park
Judge Validates $30 Million Bond for Library in MLK Park
Other Litigation Still Pending
On Wednesday, the City’s plan to build a new library, event center and associated parking structure moved one step closer to Martin Luther King, Jr., Park. Judge Margaret Schreiber’s ruling validating a $30 million bond issue included MLK Park as the new building’s location.
Path to the Park May Have Some Bumps
At least one obstacle remains in the path to the park, however. A related but separate legal action is still pending. The issue involves a petition that seeks to prevent a library from being built in MLK Park, signed by more than 2,000 residents. The Save Our Library WP PAC submitted the petition to the City in July 2016. The PAC contends the petition is a “citizens’ initiative” under Sec. 5.01 of the City Charter. A citizens’ initiative has no deadline. The City asserts the petition is a “referendum” under Sec. 5.02 of the City Charter, and is therefore legally insufficient because it missed the filing deadline for a referendum.
Referendum or Citizens’ Initiative?
The PAC has asked the court to decide the petition question. Their case is moving ahead in the Orange County Circuit Court. It has been assigned to a panel of three circuit court judges — Jennifer Harris, Thomas W. Turner and John Kest.
At this point, no one knows how or if the judges’ ruling in this case will affect the final chapter of the library story. The only certainty is that the case is now before the judges, and the judges will issue a ruling some time in late 2016 or early 2017.
“Quasi-Judicial Tyranny”
In its filing, the PAC rejected the city’s argument that the action requested in their petition would result in the repeal of the bond ordinance. That position, they said, “thwarts the citizens’ democratic ability to legislate by initiative . . . [The Commission’s] decision is a classic example of an act of quasi-judicial tyranny” and violates the citizens’ right to due process.
After-the-Fact Logrolling
The PAC also asserted the new library and the new location are two separate issues, since the site was not mentioned on the March 15 ballot, which passed by a narrow margin. The PAC cited the legal “single-purpose rule,” which states that any proposition going to voters must address a single purpose. “This rule guards against logrolling, a practice of rolling separate issues into a single proposition . . .to obtain approval of what might be a controversial or unpopular vote.”
Any Reasonable Voter
Judge Schreiber disagreed. “Given the overwhelming information about the location of the Project on the site of the existing civic center in MLK Park,” Schreiber states in her Final Judgment, “a reasonable voter in the City could only have understood the Bond Referendum to mean that the new library and events center and related facilities would be built on the site of the current civic center.”
PAC Awaits Decision on Petition
Michael Poole, president of the Save Our Library WP PAC, said of Judge Schreiber’s decision, “The judge’s ruling surprised us, but we are still focused on making sure the citizens have the ability to vote for the location. We are moving forward with our suit.”
No Scheduled Demo for Rachel Murrah Civic Center
Anticipating construction of the new facility, there had been talk at the Commission level of demolishing the existing Rachel Murrah Civic Center in January 2017. Winter Park Director of Communications Clarissa Howard said, however, that the City is in a wait-and-see posture. She confirmed that, at present, there is no schedule for the demolition of the Murrah Civic Center.
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