Open letter sent by Winter Park mayor raises questions

The mayor of Winter Park wants you to think twice about the city’s new historic preservation ordinance – but was there an ulterior motive behind his recent open letter to residents?

An email blast sent out by Mayor Steve Leary to residents on March 1 called into question the recently revised ordinance for historic preservation, which has made it easier for qualifying neighborhoods to become a historic district – a title that offers a barrier of protection to historic buildings.

In order to form a historic district, the city’s previous ordinance required two-thirds of the residents within the proposed district to vote in favor. That percentage requirement was changed to 50 percent plus one — a simple majority vote – as of Dec. 14 when Commissioners Tom McMacken, Carolyn Cooper and Greg Seidel voted the amendment through.

Within a historic district, any alterations, additions or demolition involving historic resources must go before the Historic Preservation Board for review, raising further questions from residents regarding property rights.

Leary’s email reads that the historic preservation ordinance revision started with good intentions, but was changed at the commission level into a “restrictive ordinance.”

“Our committees cleaned up and added language to the ordinance that allowed districts more flexibility in creating rules and regulations upon themselves,” he wrote. “However amendments made at the commission level, specifically lowering the voting threshold to a simple majority, have made this an ordinance I cannot support.”

Leary wrote that the voting threshold to create a historic district should have remained at 67 percent – the same amount required in neighborhoods to impose regulations and/or fees involving decorative street lighting, sewer installation or paying for expedited electric undergrounding.

“So to approve decorative lighting on your street requires a super majority of your neighbors, but creating additional rules and design guidelines for your property only requires a simple majority?” Leary wrote. “The one that will have the greatest impact on your home should require greater scrutiny, not less.”

But was the email blurring ethical lines to steer voters away from two City Commission candidates?

Winter Park resident Sandy Womble wrote back to Leary’s email, which was sent just two weeks before the March 15 election, claiming it influenced voters to vote against incumbents McMacken and Cooper.

With no disclaimer of whether or not the email was Leary’s own personal opinion or the city’s official stance, Womble questioned the mayor’s transparency.

“Since you sent this correspondence as our 'Mayor', is this an official city position or are you personally advocating for an issue and by extension particular candidates?” Womble wrote. “Again, shouldn't there have been a disclaimer explaining this is your personal opinion and not a official mayoral announcement? You seemed to deliberately blur these lines.”

In an email to Orlando Sentinel columnist Beth Kassab, Leary said that he would have sent out the email regardless of the impending election.

"I present the facts and my thoughts. I did not include any names of the incumbents or challengers. Someone asked if I left out the incumbent's names because I supported them and didn't wish to expose them as the ones that voted for the amendments. People can read it any way, and will," he wrote to the Sentinel.

Leary did not respond to the Observer’s request for comment.

Leary’s letter has since been posted on City Commission candidate Peter Weldon’s Facebook page and City Commission candidate Lambrine Macejewski’s Facebook page.