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City Commission Digs Historic Hole

We now live in the theater of the absurd. Rather than acknowledge that staff, the city attorney, and the Historic Preservation Board (HPB) coerced, and likely extorted $100,000 from a Winter Park contractor or that the property owner was verbally threatened by a sitting HPB board member, our city commission has now hired an attorney at $495 per hour to defend against a related complaint filed with the Florida Commission On Ethics. The irony is they will likely spend $50,000 or more defending the complaint and may well lose. Note that Kris Cruzada, on the ballot March 11, voted to continue this absurdity.

Why, exactly, is this absurd? Because the Winter Park Historic Preservation Ordinance applies only to building exteriors. In the case in question, framing for the second story was removed to be reconstructed due to condition and structural engineering, but without prior permission from HPB. The contractor rebuilt the removed portion consistent with the approvals initially granted by HPB (click image below). HPB got what they approved. In essence, HPB felt slighted and along with city staff, together with the agreement of the city attorney, squeezed the contractor for $100,000 under threat of rescinding the variances initially granted. See the full detail here.

What can you do?

Please email the city commission or attend the public meeting at 5PM Thursday, February 20 in the City Hall Commission Chambers, telling them to refund the contractor’s money and providing your input on proposed revisions to the Historic Preservation law. Remarkably, after this ridiculous episode, HPB is proposing changes that would require extensive plan reviews, procedural delays, and grant the Historic Preservation Board authority to impose extreme penalties, including a financial penalty up to 30% of the assessed value of the building. You can’t make this stuff up!

Our city commission is lost and our city needs a new historic preservation law based on common sense. The current law, at 24 pages of 10 point type, is ridiculously complex and already gives the Historic Preservation Board extraordinary and arbitrary powers. In contrast, the entire code pertaining to single family homes is 6 pages and primarily concerned with objective, measurable standards.

My two recommendations for a new Historic Preservation law are:

ONE: The law should clarify that any portion of a structure applying for historic designation may be removed during the restoration process as deemed necessary by the property owner, provided the exterior is reconstructed in the same size, form, architectural style and exterior detail of the demolished segment as initially approved by the Historic Preservation Board.

TWO: The law should severely limit the power of the Historic Preservation Board to grant variances. Currently, these variances include allowance for construction and rental of accessory buildings along with building height, side, rear and front setbacks, building coverage, floor area ratio, impervious coverage, stormwater retention, and walls and fences. These variances devalue neighboring properties and entire neighborhoods, and are granted in exchange for historic designation in most cases (i.e., they are bribes).

Let them know what you think. Email the city commission or attend the public meeting at 5PM Thursday, February 20 in the City Hall Commission Chambers.

Posted in Policy.


Referendum on Leaf Blowers?

I am voting YES to keep gas leaf blowers legal in Winter Park. My very fastidious neighbor uses an electric leaf blower almost daily to tidy up her yard. It’s high pitch whine is more annoyance than the gas leaf blowers used by our landscape contractor. Further, my landscape costs will increase materially if our contractor is forced to switch to electric leaf blowers. You will be annoyed whether leaf blowers are gas or electric.

But the real question is: Why in the world are leaf blowers an item for a voter referendum?

The leaf blower referendum is the result of tribal political nonsense on our city commission. It is not an important strategic city issue requiring a voter decision. BUT SOME THINGS ARE THAT THE COMMISSION HAS RAMMED DOWN OUR THROATS.

Why is there no voter referendum for the extension and expansion of the Community Redevelopment Agency (CRA)? This commission decision will force $84,000,000 of city property taxes to be spent in about 10% of the Winter Park’s total area to benefit about 12% of our residents. What about the other 90% of Winter Park housing 88% of our residents? No matter to the commission, they just force it down our throats.

The facts on the CRA expansion and extension are documented here:

Commission Wants $84,000,000 of Your Money

CRA Projects In the Big Money Grab

Repeal CRA Expansion and Extension

Please support good governance for our city.

Vote YES on the leaf blower referendum.

Tell the city commission to put the CRA expansion and extension to a vote of the residents: mayorandcommissioners@cityofwinterpark.org.

Posted in Policy.


No More Incumbents: Vote for Justin Vermuth

Winter Park has been fortunate to have strong real estate values driving up property tax revenues. The problem is that the current city commission has been wasting our revenues; unnecessarily increasing city overhead and spending on projects that do not generally serve the residents of Winter Park. I have documented over $100,000,000 of this waste on winterparkperspective.org.

Kris Cruzada, the incumbent, has voted for all of this waste and has not demonstrated strategic leadership.

Let’s elect a thoughtful leader to the Winter Park City Commission on March 11th.

Justin Vermuth is a young professional raising his family in Winter Park. Justin has a passion for the charm of our city and a desire to create long term value for all our residents. I encourage you to contact Justin at (407) 590-6529 or justin.vermuth@gmail.com with your questions. You can support his campaign at Vermuth for Winter Park or mail a check to: Vermuth for Winter Park – PO Box 424 – Winter Park, FL 32790.

How to vote per Orange County Supervisor of Elections:  Vote by Mail VBM – a mail-in ballot will be sent to you if you make your request before the end of February. Make your request by calling the Supervisor of Elections Office at 407-836-2070 or make an on-line request using the link below. 
Supervisor of Elections, Orange County
Early Voting – in person will only be available at the Supervisor of Elections Office at 119 W. Kaley St., Orlando from March 3-7, 2025 from 8am to 5 pm.    In person on Election Day, March 11, 2025 at your precinct in Winter Park. You can click on the following link to find your polling place in Winter Park:
Your polling location
Please vote: by mail (apply for it!), early voting at Elections office, or day-of at “Your polling location.”  

Posted in Policy.


Winter Park – Third World City

The Winter Park Historic Preservation Board forced a local contractor to pay $100,000 to the city. This was at best unwarranted coercion and likely meets the legal standard of extortion. See below.

The city’s Historic Preservation Ordinance is filled with arbitrary standards that leave applicants at the mercy of zealous board members. Remember that our city commission members appoint these people.

Please tell the city commission to repay the $100,000 and to change the ordinance so that this cannot happen again. This should never be the way Winter Park does business.

_________________________________

From: Ryan Phillips
Sent: Friday, January 3, 2025 4:42:03 PM

To: msullivan@cityofwinterpark.org; crussell@cityofwinterpark.org; kcruzada@cityofwinterpark.org; tweaver@cityofwinterpark.org
Cc: Dan Langley <dlangley@fishbacklaw.com>; Randy Knight <rknight@cityofwinterpark.org>; sdeciccio@cityofwinterpark.org
Subject: Historic Preservation Board Complaint

Commissioners,

I am writing you to file a formal complaint against the Historic Preservation Board (HPB), specifically the board members of the May 2024 meeting (many of whom are still on the board) and Jeff Briggs, Planning Director Emeritus.  I am the property owner of 965 Lakeview Drive, which was subject to issues with the HPB this year, of which you likely have heard of.  There is significant misinformation being shared and many actions taken by members of the board and city staff that were grossly inappropriate and illegal leading up to, during and after this meeting.

I have been verbally threatened and bullied by a sitting member of the HPB, manipulated, and not afforded due process by the board and city staff given board member’s predisposition and their circumvention of city code as it relates to violations.

Below is a summary of the events surrounding our property and the inappropriate and illegal actions of board members and city staff:

  1. We purchased the property in November of 2022.
  1. We went before the HPB on April 12th, 2023.  We submitted hand drawn site plans and elevations and were granted unanimous approval by the HPB. 
  1. We were notified by Jeff Briggs in April 2024 of a public hearing to potentially revoke variances in response to the removal/reframing of the second floor.  We were told “Your due process is to appear before the HPB on May 8th and seek forgiveness based on the rationale outlined below, as your team did not make any request for permission.”
  1. I discussed the issue on May 1st (one week before the May meeting where Charlie was “fined”) with John Skolfield, sitting member of the HPB, on the sidewalk in front of our house.  During this conversation, John said to me “… I don’t think you want to go down that road … you want to fight that, you’ll be known forever and more as the guy that fucked with the historic preservation board and came in from the outside and that’s probably not how you want to raise your family.” (06:05 minutes) (JOHN SKOLFIELD THREAT VIDEO) – [This conversation was lawfully recorded on video while the John and I were speaking on public property, where neither had a reasonable expectation of privacy.  Throughout the duration of the conversation, more than 20 people walked or biked directly past us on the sidewalk.  My counsel has performed a thorough legal review as it relates to state law and case law]. Shocking and completely inappropriate for a sitting member of any city board to speak to a property owner this way.
  1. During this conversation, John mentions his idea for bronze entrance signs to the downtown.  These are the same signs that Jeff Briggs conveniently solicited in his presentation at the May HPB meeting a week later suggesting that owner/contractor get on board (JEFF SOLICITATION PITCH VIDEO)
  1. On May 3rd, 2024 Jeff Briggs emailed Charlie Clayton stating “Stop by my office on Monday morning (after 9 am). I have an idea to resolve this issue.”  According to Charlie (statement attached) Jeff Briggs “proceeded with offering the idea of a peace offering of giving $200,000 toward a landmark archway to the City.” 
  1. At 5:45am on May 8th, 2024 the morning of the HPB meeting, John Skolfield trespassed on our property.  My security camera on our dock captured it including John crossing the silt fence and rummaging through the permit box.  A neighbor witnessed it, identified him, and then notified me.  Illegal and completely inappropriate for a sitting member of the board. (TRESPASSING VIDEO)
  1. Jeff Briggs misrepresented city code to the board members in the lead up to his monetary solicitation, where he falsely tells the board members that a violation enforced by code compliance would require the property owner to restore the house only to the original state before construction began, stating: “When I say restore, I don’t mean build according to the plans that they’ve submitted for the new structure. I mean, restore the original house with the original wood siding, with the original window package, with the original roof before you go ahead and want to take all those things off for your renovation” (JEFF FASLE STATEMENT ON CODE VIOLATION VIDEO).  This painted a dire circumstance for the property owners and one where his donation idea and an “offer” for owner/contractor to get on board could provide a solution to the problem.  However, the actual city code states: “Any person who carries out or causes to be carried out any work in violation of this article shall be required to restore the subject improvement, landscape feature or site either to its appearance prior to the violation or in accordance with a certificate of review approved by the HPB.” (Sec. 58-500. – Violations).  It also provides for state capped fines, which would have been nowhere close to $100,000.
  1. Jeff also mentions “offers” from owner/contractor multiple times during his opening statements, stating “If you’re not comfortable with offers that come from the contractor and owner, there’s a stop work order on the property, and that can sit there for as long as it needs to sit there until something is brought to the board that meets the satisfaction of the majority of the members.” And “It’s the contractor and the homeowners’ responsibility to propose to you a remedy for how to solve the mistake, the oversight, whatever, because that’s not your job to solve this. This is their job.”  Essentially holding construction hostage with zero due process or following city code, soliciting us to buy the board through a monetary donation. 
  1. We were told that we should have come back to the HPB for approval to re-frame the second story.  However, there is clear precedent that approval by the board would not be required, a property that Jeff even referenced to us (email attached) as an example of what we should have done.  1200 Lakeview Drive, a historically designated home, received board approval in February of 2022 for an exterior renovation and addition.  Jeff Briggs brought the property owners back to the board in November 2022 as a non-action item “for information only” regarding demolition and rebuilding of the structure so that board members “would not say wtf” when they drove by and the building was gone.  Jeff told the board that “there was no vote required” and that it “did not require formal approval” because “it is the same exterior product that you are going to see.” (JEFF – NO VOTE REQUIRED VIDEO).  The board already approved the exterior aesthetic of the house, and therefore they did not need to approve its demolition.  Confirming their limitation of jurisdiction to the exterior appearance of the property, as city code provides for their special certificate of review in instances of demolition to approve the final disposition of the structure, of which they had already done in the original February 2022 meeting.
  1. Our house will be the exact same exterior product that you would see regardless of the re-framing of the second floor.  From a legal standpoint, there was no “damage” done to the community.  A subjective failure to communicate by the builder does not warrant being extorted for $100,000.  
  1. Wade Miller ultimately made a motion for a $100,000 payment by Charles Clayton Construction into the Historic Preservation grant fund, required before the stop work order would be lifted from the property.
  1. John and other board members have referred to the penalty numerous times as a “fine”.  However, they were re-educated by Jeff Briggs at the August 2024 meeting that the board didn’t actually ‘fine’ Charles Clayton Construction, that it was instead a “negotiation.” (IT WASN’T A FINE VIDEO).  How is it possible that a board does not even understand if they did or did not fine someone??  There was absolutely nothing about this that was a negotiation.  This was a premeditated shake down to make an example out of Charlie.  During a 5-minute recess in the May 2022 HPB meeting, a board member came into the conference room outside the board room where we were discussing things with our attorney and told us that the HPB was not going to let us proceed for any less than $50,000 because it “was all about optics for the board.”  The board member urged Charlie offer a donation to the historic board, otherwise they would revoke our variances.  There were 8 witnesses present, including myself, who can attest to this. 
  1. As if the board’s actions were not grotesque enough to this point, two months after Charlie was shaken down for $100,000, in the July HPB meeting Wade Miller, Chairman of the HPB gloated about the payment and that they should have asked for more.  Stating “we should have asked for more since it only took him less then 24 hours to raise those funds.  It should have been harder.  He paid it the next day; I was like darn.” (WADE MILLER – MORE MONEY VIDEO).  This is disgusting, completely inappropriate and highlights the subjective nature of the solicitation of payment.

Jeff Briggs says that we ultimately accepted this penalty because we did not appeal the decision in 15 days.  We were subject to intimidation and threats by a board member, and then witnessed a board circumvent all laws when soliciting payment in exchange for a vote.  We were under duress during and after this meeting and fearful of further retaliation by the HPB and city staff.

The board does not have legal authority to fine a property owner or builder, this falls on Code Compliance and there are established processes and limits already in place.  However, none of this process was followed.  

I firmly believe that this board and city staff violated State of Florida ethics laws through their solicitation of monetary contribution in exchange for their vote and removal of the stop work order, and their abuse and misuse of their public position; I intend to pursue this fully and then seek all legal remedies available.

All property owners have the right to fair and equal treatment, free from threat, intimidation and manipulation. 

We have the right to treatment based on clear rules, procedures, guidelines and precedent.  

We have the right to treatment free from opinion, bias or prejudice.

The board expresses wanting accountability but refuses to hold themselves accountable for their own confusion, lack of clear procedures and inferior review standards.

I am calling on city commission to launch an investigation into the actions of the HPB and city staff surrounding this incident.  I am also calling on John Skolfield to be immediately removed from the HPB given his actions and threatening and intimidating statements.  These board positions require members to maintain the utmost moral and ethical standards, and his behavior is clearly in glaring contrast to these values.  As are the board’s actions in solicitating a $100,000 payment in exchange for their board actions taken.

If you would like more information or to discuss further, you may reach me directly on my cell phone at 407-848-4484.

Respectfully, Ryan

Posted in Policy.


Justin Vermuth Runs for City Commission

We are fortunate that Justin Vermuth wants to be our city commissioner. Justin is an attorney raising his young family in Winter Park. He is running to ensure our city focuses resources and policy to benefit our families and strengthen our neighborhoods, adding value that will keep Winter Park special. 

Justin’s policy priorities include: cutting wasteful spending and restoring our reserves to the 30% target, investing in the well-being of our city by upgrading our parks and playing fields, making government more accessible to young and working families, and refocusing the commission from personal policies and ambitions to the core functions city government provides – serving the needs and well being of the community at large.

Justin is concerned that his opponent has been spending our money on unneeded projects and initiatives, creating ongoing expenses that expand the city budget without tangible benefit for our neighborhoods and residents.

Winter Park needs more thoughtful judgment on the city commission. Fran and I believe Justin will fill that need.

I encourage you to contact Justin at (407) 590-6529 or justin.vermuth@gmail.com with your questions. You can support his campaign at Vermuth for Winter Park or mail a check to: Vermuth for Winter Park – PO Box 424 – Winter Park, FL 32790.

Enroll in Vote by mail here: https://www.ocfelections.com/. The election is Tuesday, March 11, 2025.

Posted in Policy.


A Good Reason to Beat a Dead Horse

I offer some concluding remarks on Weaver’s permit issues and his request for historic designation. I believe there is a lesson here for those promoting and supporting candidates for Winter Park City Commission to be more discerning.

At Wednesday’s commission meeting Weaver asked for his historic designation request to be tabled until April, after he is out of office. Weaver later told the32789 that “he knew he had the votes but his decision to put off the hearing was made out of deference to commissioners and staff.” Weaver’s statement bizarrely admits a violation of the Sunshine law that prohibits commission members from discussing issues coming to a vote outside of a publicly noticed meeting. Also, I am mystified how delaying the vote is a deference to commissioners and staff.

Weaver admitted in the meeting, “I didn’t get permission from Orange County to convert this building, which was built completely by permit in Orange County before my home was annexed, ummm…” In other words, he never got a Special Exception permit required to improve and use the shed as a residential unit. Exactly the claim made. Weaver holds himself out as a General Contractor. His GC license, if he had one, would likely be revoked for not obtaining required permits prior to doing work.

His protestations not withstanding, Weaver’s documented behavior and admissions indicate that his request for historic designation is a conscious attempt to legalize what has been and is now an illegal accessory building, so that he may profit from rental income. In the interest of preserving the character of our city, given the history and circumstances, I strongly recommend the city commission decline any consideration of historic designation for Weaver’s home.

Posted in Policy.


Fun and Games at the City Commission

Should be a fun vote by the City Commission Wednesday, January 8th on a request by commission member Todd Weaver to declare his home at 1051 Lake Bell Drive as historic. This is a bald attempt by Weaver to legalize his code violations going back at least 10 years.

How, you ask?

  • Weaver enclosed an open car port sometime between 2005 and 2007 without a permit. (Also a likely violation of state statute 553.79(1)(a) and 487.127(1)(h).)
  • Weaver converted a 10×20 “shed” permitted when under Orange County jurisdiction in 2000 into a free-standing guest house with plumbing and a “complete kitchen” without a permit. (Also a likely violation of state statute 553.79(1)(a) and 487.127(1)(h).)
  • Weaver repeatedly violated Winter Park code by renting the free-standing guest house at least from 2016 through 2021. (Violating Winter Park code Sec 58-71(i)(8).) Weaver continued to illegally rent his free standing guest house after acknowledging in 2016 that he violated the short term rental law, after being elected to the Winter Park City Commission, and after swearing an oath of office to uphold the laws of the State and City.

Approving his home as “historic” (which it is not), will grant Weaver the right to continue to rent out his illegal “accessory cottage” while NOT holding him accountable for his years of numerous code violations.

This from the agenda language: The rear accessory cottage was a storage shed that had been converted to a small accessory living space. A historic designation allows a property owner, as an incentive for designation, to use such an accessory cottage as a rental unit (30-day minimum).

We will find out Wednesday if other members of our city commission are as feckless as Weaver. Should be fun! 🙂

Contact the Mayor and Commissioners with your thoughts on this issue: mayorandcommissioners@cityofwinterpark.org.

Posted in Policy.


Winter Park – It is Time to be Partisan.

The Winter Park City Charter requires non-partisan elections. No candidate for the office of city commissioner or mayor shall campaign and/or publicly represent or advertise herself or himself as a member of any political party; and shall not accept campaign contributions from any political party. Violations are fined at $1,000 each.

So, what good does this do? None! Instead, it hides the true nature of candidates.

Based on 35 years of local Winter Park election experience, every Winter Park election is partisan in reality. Candidates routinely hire campaign managers affiliated with their political party. Those elected tend to follow policies associated with their political party. Political parties and PACs often spend money in support of “their” candidate.

Since 2019, those elected to the Winter Park City Commission have voted as extreme progressives, not Democrats or Republicans. Their actions are consistent with representing government instead of the people, disrespecting the private economy that pays the bills, all to the detriment of fiduciary duty. See many of the posts at WinterParkPerspective.org for evidence.

As I write this, only one new candidate has emerged for the March 11, 2025 city commission election, that being Warren Lindsey who is a registered Democrat. Mr. Lindsey has hired campaign manager You Should Run, “a progressive political and marketing agency” (those with an “X” account can check the Followers). You Should Run is owned by none other than David Plotkin, a left wing political operative who accepted $5,000 from a sitting Winter Park city commissioner in 2011 to fund an illegal election mailer.

Gee, I wonder how Warren Lindsey is going to vote? He is supported by the same cabal that elected the current crop of people who think their job is to represent the government. So far, this reality has cost Winter Park taxpayers over $100,000,000 and now they want to raise the tax rate!

It is time to be partisan. If you believe in self government and fiscal responsibility, now is the time to step up and run. Click here for qualifying information.

Posted in Policy.


Time for Leaders on the City Commission

Commissioner Marty Sullivan, along with other commission members, has voted to waste over $100,000,000 of our money over the past five years. He now wants to raise our tax rate to spend $268,000,000 for undefined and unsupported nonsense (see page 2 here). Marty and his cohorts claim undefined threats where none exist to justify this outrageous exploitation of Winter Park taxpayers.

Winter Park spending has been out of control for five years. We need two candidates for the March 2025 election publicly committed to rein in spending and set priorities that support our residents rather than ideologically driven personal preferences of current commission members.

Running for city commission on the following platform is a winner:

* No tax rate increase.
* Stop buying land.
* Reverse CRA expansion and extension.
* Reduce city head count and waste.
* No annexation of Lake Killarney residential areas.
* New electric power contracts at best market price in 2027.

Winter Park general fund revenues were $60 million in 2019. They are expected to be $83 million in 2025 (a growth rate exceeding inflation). Our city commission is spending all of this annual $23 million increase.

The Winter Park City Commission has wasted or committed to waste over $100,000,000 in just the past five years.

$84,000,000 down the drain: This is the mid point of expected Winter Park property taxes to be wasted in an expanded and extended CRA by 2037, that would otherwise be available to 90% of our residents who do not live within CRA boundaries. See this link. See this link. See this link. This decision essentially steals $84,000,000 from 90% of Winter Park residents and needs to be reversed.

$20,000,000 down the drain: Seven Oaks Park (a.k.a. Pointless Park, a.k.a. Homeless Park) sits on about 3.75 acres of city land. This 20% over budget and years late boondoggle now has a direct cost of over $5,250,000 plus annual maintenance, and an opportunity cost of about $15,000,000 plus $150,000 per year in new property taxes if the land were sold, redeveloped to code, and added to the tax rolls.

$8,000,000 down the drain: The old library building has been leased for 20 years at 65% below market rate when it could have been sold for $8,000,000 and used for residential condominiums generating about $140,000 a year in new property taxes.

$6,250,000 down the drain: They have spent $5,500,000 for 1.3 acres at the corner of Denning and Fairbanks and $750,000 to add a Denning turn lane onto Fairbanks. None of this spending serves any credible interest of Winter Park residents worthy of the price paid.

We need two candidates on the Winter Park City Commission who will act as real fiduciaries, now.

Posted in Policy.


Use an Independent Expert for Tree Removals

Winter Park has a complicated and penal tree ordinance because of extreme viewpoints of city staff, board members, and commission members. You don’t need to get caught up in this regulatory tree madness.

All Winter Park residential property owners need to be aware that state law supersedes city code when it comes to tree removals. Under state law, a residential property owner can prune, trim, or remove a tree without a city permit and without penalty or tree replacement if the property owner possesses documentation from an arborist certified by the ISA or a Florida licensed landscape architect that the tree poses an unacceptable risk to persons or property.

If you don’t get the documentation required by state law you are subject to our ridiculously complicated and penal city ordinance, a revised version of which is now coming before the city commission for approval. This ordinance offers absurdly detailed rules and penalties while hiding the existence of the state law you could otherwise avail yourself of. This revised tree ordinance can even fine you if you use state law to remove a tree but fail to file the documentation with the city within 10 days of removal.

Don’t call city staff if you have a tree removal question. Call an independent certified arborist or Florida licensed landscape architect first.

Posted in Policy.