10-11-2021 VC SP-MMINUTES OF THE SPECIAL SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
OCTOBER 11, 2021
Present: Darryl C. Aubrey, Sc.D., Mayor
Deborah Searcy, Vice Mayor
Mark Mullinix, President Pro Tem
David B. Norris, Councilmember
Susan Bickel, Councilmember
Andrew D. Lukasik, Village Manager
Len Rubin, Village Attorney
Jessica Green, Village Clerk
ROLL CALL
Mayor Aubrey called the meeting to order at 7:00 p.m. All members of Council were present. All
members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Mayor Aubrey gave the invocation and Vice Mayor Searcy led the public in the Pledge.
APPROVAL OF MINUTES
The Minutes of the Regular Session held September 23, 2021 were approved as written.
STATEMENTS FROM THE PUBLIC
Rita Budnyk, 804 Shore Drive, expressed her concerns with elected officials posting on personal
social media and stated that it should be done in a responsible manner and should not be used to
incite or discuss Village business.
Lisa Gallagher, 704 Teal Way, asked Council to consider sensible size limits for boats parked
behind residences.
Vivian Dale, 737 Teal Way, expressed her safety concerns with oversized boats and yachts parked
behind residences.
Fane Lozman, 5101 North Ocean Drive, expressed his disappointment and concerns with how the
Village cited his floating home at Little Munyon Island.
PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS
ORDINANCE 2021-10 ZONING IN PROGRESS — TABLED 8/12/21
A motion was made by President Pro Tem Mullinix and seconded by Councilmember Bickel to
remove Ordinance 2021-10 from the table. Thereafter, the motion to remove Ordinance 2021-10
from the table passed with all present voting aye.
Minutes of the Village Council Special Session held October 11, 2021 Page 2 of 4
ORDINANCE 2021-10 ZONING IN PROGRESS — TABLED 8/12/21 continued
A motion was made by Vice Mayor Searcy and seconded by Councilmember Bickel to adopt on
first reading Ordinance 2021-10 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ESTABLISHING A ZONING IN PROGRESS FOR THE
CONSTRUCTION OF SINGLE-FAMILY HOMES IN THE R-1 SINGLE-FAMILY
DWELLING ZONING DISTRICT; PROVIDING FOR EXPIRATION AND EXTENSION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
Mr. Lukasik introduced Dr. Bill Whiteford as the Chair of the Residential Zoning Ad Hoc
Committee and stated that he, Dr. Whiteford and Community Development Director Jeremy
Hubsch would be giving the presentation on the proposed Zoning in Progress. Mr. Lukasik began
the presentation by giving a brief history and timeline regarding the proposed ordinance. The Ad
Hoc Committee met to review staff's proposed Zoning in Progress Code Standards on September 20, 2021.
Dr. Whiteford stated the Ad Hoc Committee voted 6 to 1 to recommend approval of staff s
recommendations regarding the minimum landscaped area and restrictions on 2 nd story floor area.
The majority of the committee supported the three recommendations which were a required
minimum landscaped area of 35% for one-story homes and 40% for two-story homes, all single-family
homes shall be limited to two stories and thirty (30') feet in height for flat roofs and thirty-five
(35') feet for all other types of roofs, including gable, hip, gambrel and shed roofs. Lastly the floor
area of the second story of a single-family home shall be limited to seventy-five (75%) percent of
the floor area of the first story. Dr. Whiteford concluded by stating that as Chair of the Ad Hoc
Committee everyone would have the opportunity to speak to voice their concerns and that the
Committee would meet as many times as necessary to fully vet and resolve the issues.
Mr. Hubsch continued the presentation stating that the Ad Hoc Committee recommended
eliminating the proposed administrative deviation that would have allowed staff to approve
projects that met the general intent of the Zoning in Progress, but minimally exceeded the Zoning
in Progress standards. However, staff was proposing the creation of a deviation or waiver process
that would allow property owners to go before the Planning Commission if they did not meet the
Zoning in Progress standards.
These residents addressed the Council with their concerns regarding the proposed Zoning in Progress:
Scott Goodby, 717 Teal Way
Matt Brannon, 1001 Country Club Drive
Kevin Spina, 549 Overlook Drive
Ryan Kadyszewski, 501 Overlook Drive
Brian Hitch, 521 Overlook Drive
These residents addressed the Council regarding their approval and favor of the proposed Zoning
in Progress:
Rita Budnyk, 804 Shore Drive
Deborah Cross, 2560 Pepperwood Circle South
Cory Cross, 2560 Pepperwood Circle South
There being no further comments from the public, Mayor Aubrey closed the public hearing.
Minutes of the Village Council Special Session held October 11, 2021 Page 3 of 4
ORDINANCE 2021-10 ZONING IN PROGRESS — TABLED 8/12/21 continued
Mr. Aubrey discussed and explained the reasoning for the schedule change to hear the proposed
Zoning in Progress and stated that it was a temporary measure and more time would be spent on it
to make a permanent change in the future.
President Pro Tem Mullinix stated that he had concerns with the recommendation of requiring a
minimum landscaped area of 35% for one-story homes and 40% for two-story homes. President
Pro Tem Mullinix stated that the landscape area should be uniform. President Pro Tem Mullinix
stated that he supported the recommended height of homes but had concerns regarding the
recommended second floor reduction. President Pro Tem Mullinix stated that he did not support
the recommendations that were set forth in the Zoning in Progress in its totality.
Vice Mayor Searcy stated that she was in support of the recommendations brought forth for the
Zoning in Progress. Vice Mayor Searcy stated that persons chosen for the Ad Hoc Committee
were qualified and represented all facets of the Village.
Councilmember Norris stated that he was concerned with the process for the Zoning in Progress
that had been taken so far and that there was only one Ad Hoc Committee meeting before it was
brought back to Council for consideration.
Discussion ensued between the Councilmembers regarding the recommendations brought forth by
the Ad Hoc Committee for the Zoning in Progress.
Councilmember Bickel stated that she was in support of the recommendations brought forth by the
Ad Hoc Committee. Councilmember Bickel recommended that the Zoning in Progress not last
more than six (6) months and to not include the option of a six (6) month extension.
Discussion continued between Council regarding the recommendations brought forth by the Ad
Hoc Committee for the Zoning in Progress.
Mayor Aubrey concluded by stating that he was in support of the recommendations brought forth
and stated that it was not perfect and supported the idea of a six (6) month cut off if possible.
Mr. Rubin asked if Council was in favor of the deviation process that was proposed.
Council agreed that they were in favor of the proposed deviation process.
Thereafter the motion to adopt Ordinance 2021-10 on first reading passed 3 to 2 with Mayor
Aubrey, Vice Mayor Searcy and Councilmember Bickel voting aye and President Pro Tem
Mullinix and Councilmember Norris voting nay.
CONSENT AGENDA APPROVED
President Pro Tem Mullinix moved to approve the Consent Agenda. Councilmember Bickel
seconded the motion, which passed unanimously. The following items were approved:
Motion — Approval of Change Order in the amount of $49,975.06 and Final Payment and
Release of Retainage in the amount of $78,336.89 payable to Florida Blacktop, Inc. for the
West Alleyway Project.
Resolution establishing the list of Village holidays for calendar year 2022.
Minutes of the Village Council Special Session held October 11, 2021 Page 4 of 4
CONSENT AGENDA APPROVED continued
Resolution approving an Eighth Amendment to the Agreement for Grant Services with
RMPK Funding, Inc.; and authorizing execution of the Eighth Amendment.
Resolution accepting a proposal from Splash & Swing LLC for Tennis Court Maintenance
Services at the North Palm Beach Country Club Tennis Center at an annual cost of $48,000;
and authorizing execution of the Contract.
Receive for file Minutes of the Golf Advisory Board meeting held 8/16/21.
Receive for file Minutes of the Business Advisory Board meeting held 8/17/21.
Receive for file Minutes of the Planning Commission meeting held 9/14/21.
Receive for file Minutes of the Golf Advisory Board meeting held 9/20/21.
Receive for file Minutes of the Library Advisory Board meeting held 9/28/21.
OTHER VILLAGE BUSINESS MATTERS
MOTION Rescheduling the 11/11/21 Regular Council meeting and approving the suspension of
the 11/25/21 and 12/23/21 Council meetings in observance of national holidays.
A motion was made by Vice Mayor Searcy and seconded by Councilmember Norris to reschedule
the 11/11/21 Regular Council meeting to 11/18/21 and to suspend the 11/25/21 and 12/23/21
Council meetings in observance of national holidays.
Thereafter the motion passed unanimously.
MAYOR AND COUNCIL MATTERS/REPORTS
Councilmember Bickel stated that she had received complaints about the location of the Memory
Care accessory building and asked if Council had heard similar complaints.
Councilmembers stated that they did not hear any complaints.
Councilmember Bickel stated that she wanted to make Council aware that she was beginning to
hear complaints. Councilmember Bickel invited Council, Village staff and residents to the
November 8th Youth Orchestra concert in the Farmer's Table Banquet Room at 6 p.m.
Vice Mayor Searcy encouraged everyone to sign up for the 5K Ghost Run at the Country Club on
October 30th. Vice Mayor Searcy also encouraged everyone to participate again in the Read for
the Record Event taking place on October 28th
ADJOURNMENT
There being no further business to come before the Council, the meeting was adj oumed at 8:10 p.m.
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Jes ica Green, MMC, Village Clerk