THE SHORT BITE:
Current mayor Karyn Cunningham had the tools, the vote and the clear 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 relevant documents placed in the "2017 VMU Repeal of 2016 ordinance materials" folder).
THE OBVIOUS FACT: Mayor Cunningham had the votes to “undo” the 2016 ordinance, beginning on December 5, 2018. That is if this is really what she desired. Actions (or inactions) so often speak louder than words. She never did so. It is so much easier for her to point fingers than to actually take action.
FAIR QUESTION: Why? Why was the proposed ordinance never brought forward for enactment?
In a complete 180, and without any explanation, the Staff operating under Mayor Cunningham recommended approval of 480 units during the zoning proceedings held in mid 2020 (this is the proceeding that lead to the litigation chaos and present offer to settle for the MEGA PBVC.
It did not have to come to this - had the repeal ordinance been properly and fully pursued.
Promises not kept?
THE IRONY: The 2016 ordinance is really not used in the proposed settlement agreement - the traffic controls, reduction in commercial use among the lost provisions. The 2016 ordinance is "blamed" but project currently being recommended would not exist under the 2016 ordinance.
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