- March 29, 2024
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An effort to keep Winter Park’s new library out of Martin Luther King Jr. Park may have just received its biggest boost yet – thanks to an assistant state attorney.
Chief Assistant State Attorney Richard Wallsh contended in a series of motions filed to a circuit court judge last Wednesday that the city never formally designated Martin Luther King Jr. Park as the site of the new library in an ordinance, a referendum, or any ballot language – a stance that gives further weight to the argument presented by a group of residents hoping to keep the project out of the park.
Wallsh came to the conclusion after reviewing the city’s request for a bond validation over its recent $30 million bond issue for a new library – a process that gives the city assurance that the bond referendum process is moving forward appropriately. Judicial approval would protect the city from a party challenging its legality, in turn wasting money, time and effort, City Attorney Kurt Ardaman said.
But the bond validation request made by the city of Winter Park claims that the city is confirming its authority to issue bonds “for purposes financing construction of the project in MLK Park” – a location that was never set in stone by an ordinance or referendum, Wallsh’s motion reads, adding that that language is not true and should be struck from the bond validation request.
“Plaintiff city is overreaching in its attempt to obtain judicial imprimatur for a hotly contested political decision regarding the location of the project for which bonds have been sought to finance,” the motion reads.
Wallsh’s points are the same arguments made by attorney Virginia Cassady, who represents the petitioners group and spoke before the City Commission last month.
During that meeting City Commissioners were asked to uphold or overturn a letter from City Clerk Cindy Bonham claiming that a citizen petition to stop the library from being built in the park was insufficient.
Bonham went on to explain in the letter that the petition failed to include crucial text from an ordinance passed on Nov. 23, 2015, which set in place the bond referendum for a new library that was on the ballot, and passed, in March.
Despite the petition being labeled as an “initiative,” it’s still looking to overturn an ordinance and is considered a “reconsideration” of a referendum, which must adhere to the time requirements, the letter reads.
But Cassady argued that the ordinance passed on Nov. 23 made no mention of Martin Luther King Jr. Park being the library location, and that the location vote on Oct. 26 was never made official as a city ordinance.
Since there’s no ordinance designating the library location as MLK Park and a “reconsideration” of a referendum is defined as the overturning of an ordinance, the petition is in fact an “initiative” that must be heard by the City Commission, Cassady said.
“There is a serious problem with how your charter is being interpreted here,” Cassady said at the meeting.
The petitioner’s group came forward to appeal the letter, but it was upheld by a vote of 3-2 by the Commission, with Mayor Steve Leary, Commissioner Sarah Sprinkel and Commissioner Peter Weldon supporting the city clerk’s position.
Michael Poole, a Winter Park resident who represents the group looking to prevent the project from moving forward in Martin Luther King Jr. Park, said the motions filed by Wallsh only bolster their case and that maybe now the initiative filed by Winter Park residents will finally be heard.
“Unfortunately we have some members of the City Commission who don’t want to hear from residents,” Poole said.
Wallsh’s motion also requested a separate hearing to be conducted regarding the struck language before the Oct. 20 trial date for the bond validation.