Opinion - How did this council get to a recommendation in favor of the 480? There once was a procedure to ‘undo’ the 480, but the present mayor and vice mayor appear to have dropped that effort, allowing staff to recommend 480.

As I no longer hold office, I can only offer my opinions as to the ongoing issues relating to the Palmetto Bay Village Center (PBVC). I have always fought to preserve those 22 acres, not see them developed. Twice I asked the council to join me in participating in the purchase through the County Environmentally Endangered Lands Program (EELs).

THE SHORT BITE:

The Vice mayor had the opportunity to repeal the 2016 ordinance relating to the PBVC. Former interim Village Attorney John Herin, Esq. was hired at village expense to advise the council on how to repeal this 2016 ordinance. The repeal ordinance was prepared and passed 3-2 on first reading which was held way back on April 3, 2017.  This was a special council meeting that was called (requested by the vice mayor) for Independence Day weekend, 2017, (yes, a Saturday, July 1, 2017) – Soon after - and inexplicably, the second reading was deferred by a 5-0 vote. (CLICK HERE to view the ordinance folder  

The Vice Mayor had the votes to “undo” the 2016 ordinance, beginning on December 5, 2018, if this is really what he desired however the ordinance was never brought forward for enactment. In a complete 180,  the Staff operating under Mayor Cunningham and Vice Mayor is now recommending approval of the 480.

Failure to follow through has led to the PBVC seeking the present zoning on the 2016 & 2018 ordinances. It did not have to come to this had the repeal ordinance been properly and fully pursued. 

Promises not kept?

Also see PRIOR RELATED POST relating to the library parking: June 1, 2020

Correcting the record. The parking easement lasts for as long as a library, community room and Park operate as provided for in Resolution 2008-20. This was approved by the (then) Village Council on February 25th, 2008. Why would they lie, is it intentional or do they honestly don’t know the facts?

Parking is locked in for as long as this library and the park operate. 

THE FULL STORY PROVIDING A BRIEF INTRO & BACKGROUND/CONTEXT

Their fingers are pointing at others in deflection, but this is just another clear example where the buck stops at Mayor Cunningham and Vice Mayor John DuBois. The Vice Mayor spent village tax dollars to obtain a written legal opinion from John Herin, Esq, former interim village attorney as far back as March 2017. The result was  a 14 page treatise stating that the 2016 ordinance can be undone and providing the road map on how to do it.  The vice mayor felt strong enough that significant village funds were spent to obtain this legal opinion as an effort to undo the 2016 ordinance. Yet it moved forward and passed on first reading and then it stopped after a single deferral. This ordinance would have rescinded, undoing the 2016 ordinance.

The 2016 ordinance:

Then Mayor Shelley Stanczyk had sponsored an ordinance in July of 2014 that would have permitted the immediate development of 40 units in the 22 acres as well as a fire station. A little noticed fact was the July 2014 ordinance would have placed these 22 acres into the VMU, which would have vested the PBVC with 10 units per acre for a potential total build out of  220 units on those 22 acres. See: May 5, 2016, The facts regarding council action of Mon, 5/2/16. Protecting endangered land, managing vest rights inherited from Miami-Dade County.

The 2016 ordinance was passed not to create more units, but merely to transfer the developmental rights (known as TDRs) from the 22 acres to the back area of the Palmetto Bay Village Center (PBVC). This area was created as what is known as the Village Mixed Use, or VMU district. No one (except apparently Mayor Stanczyk) has ever wanted to see those 22 acres developed. 

Saving the 22 acres through transferring the developmental rights (TDR) is one way, but obviously not the way that the Vice Mayor felt appropriate.  In fact, at one time the ordinance was proceeding through the 2016-18 village council – the ordinance passed 3-2 on first reading held April 3, 2017. A special council meeting was called (requested by the vice mayor) for Independence Day weekend, 2017, (yes, a Saturday, July 1, 2017) – where, inexplicably, the second reading was deferred by a 5-0 vote. (CLICK HERE to view the ordinance folder  

More importantly – the Vice Mayor had the votes to “undo” the 2016 ordinance, beginning on December 5, 2018, if this is really what he desired however  Du Bois did not change back the 2016 ordinance. In a complete 180,  the Staff operating under Mayor Cunningham and Vice Mayor DuBois is now recommending approval of the 480.

The inexplicable in-action runs in stark contrast to what we heard from them in both the 2016 or 2018 elections.

Perhaps it is really the current Mayor and Vice Mayor who have turned their backs on Palmetto Bay!

There once was plenty of time for Mayor Cunningham/Vice Mayor DuBois administration to follow the March 2017 repeal manual provided by John Herin, Esq. There have been 78 meetings with the new council (and we all know there is nothing that prevents this current mayor and council from calling yet another special council meeting) – and yet this council never discussed it or let out a peep during any of them. Yes, though it made for great campaign fodder, the Mayor Cunningham/Vice Mayor DuBois administration never got around to doing anything to ‘fix’ this 480.

Results - there was no action to keep promises to 'undo' the "485"! 

So here we are – the Mayor Cunningham/Vice Mayor administration is recommended 480! Village paid traffic and zoning experts provide evidence in support of the Palmetto Bay Village Center. Instead of having done their jobs, the backs of these two were turned. Fingers pointing. I am waiting for their voices to blast through their proxy psudeo concerned group in their best ventriloquism act through email. And not only are they taking the 22 acres that I fought for and he argued against, but they are buying up the 18 acres we all agree are undevelopable (and not useable for park). 

Does this show laziness on his part or is this an admission that I have been right all along?

Why do I opine that the Vice Mayor never wanted the 22 acres? From his own comment in an e-mail wherein he specifically stating that it would be very unlikely to ever be any foot traffic through what he describes as a “mosquito infested park”. The Vice Mayor characterizes the entire “40 acre village park” as follows:

a. The 22 acres is discussed above, the other area is 18 acres of wetlands that will never be developed for anything nor will there likely be foot traffic through there as a mosquito infested park.

b. The 22 acres in question has had poor maintenance over the years and will require a tremendous amount of taxpayer money to bring it up the standards of a Palmetto Bay park property and then maintain it. IMHO, the current developer should be fined for neglect or be forced to bring it up to reasonable standards (at a bare minimum, trim back all 3000 foot frontage on Old Cutler road away from the bike trail). Is it $20K/year or $200K/year of village taxpayer money that will support it. Look at Thalatta Park, we were sold at $40K/year to maintain it, the village spent under two million dollars over the first 8 years for maintenance and to make needed improvements to it.

There you have it – 78 meetings where it was the Vice Mayor who firmly turned his back on Palmetto Bay. One has to wonder if the Zoning hearing of 6/2 was really unable to go forward or if the Mayor Cunningham/Vice Mayor DuBois administration finally woke up once they started receiving complaints and needed time to regroup and revise (or reverse)  the staff recommendations of their handpicked interim staffers.

The wagons are circled and their campers are gearing up for their volley of blame, smear and innuendo, but the facts remain. Its more than the numbers – 480 is the unit number. 78 is for the number of meetings where they could of, but failed to act, 40 (or 38) is the number for acres of land that the Vice Mayor has never wanted to take, but is there for the transfer.

Gamesmanship. Thankfully even in politics, the facts and truth sometimes rise to the top. They could delay it, but the realities of the Mayor Cunningham/Vice Mayor DuBois administration should now be obvious to those keeping a close eye on this village and the internal politics of shame.

In other words, either a sincere apology is due or someone has some serious explaining to do! The ball has been in their court. Action is long overdue. As I stated, an explanation is in order as to why village money was spend on legal opinion and assistance in reversing the 2016 ordinance, yet it was never completed, despite having the legal assistance as well as the votes to do so.  Their (lack of action) speaks so much louder than their words –or the shallow arguments of their puppet masters who continue to deny that they sat silent when Mayor Stanczyk sponsored the process to actually develop those 22 acres in 2014.