HomeMy Public PortalAbout1998-02-17 Regular Meeting19'7
COUNCIL MINUTES
REGULAR MEETING - FEBRUARY 17, 1998
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, February
17, 1998, in the Council Chambers at Bal Harbour Village Hall. The meeting was called
to order at 3:05 p.m. by Mayor Spiegel. Those present were:
Also present:
Mayor Estelle Spiegel
Assistant Mayor Andrew R. Hirschl
Councilman James E. Boggess
Councilman Peg E. Gorson
Councilman Daniel S. Tantleff
Alfred J. Treppeda, Village Manager
Jeanette Horton, Village Clerk
Richard J. Weiss, Village Attorney
As a quorum was determined to be present, the meeting commenced.
2. Pledge of Allegiance: The Pledge of Allegiance was led by Assistant
Mayor Hirsch!.
3. Approval of Minutes: A motion was offered by Councilman Tantleff and
seconded by Assistant Mayor Hirschl to approve the minutes of the January 20, 1998,
Regular Meeting, with a correction on page 7 to change "partial" to "parcel." The motion
carried unanimously (5-0), and the minutes were approved as corrected.
A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Tantleff to
approve the minutes of the January 26, 1998, Special Meeting. The motion carried
unanimously (5-0), and the minutes were approved as submitted.
4. Presentations - Officer of the Month: None
5. Public Hearings: None
6. Ordinances Second Reading/Public Hearings: The ordinance
was read, by title, by the Village Clerk amending chapter 15 "Signs," of the Village Code.
Mayor Spiegel opened the public hearing for comments.
Mr. Weiss stated that the effective date is a matter of the Council's decision. The Village
Attomeys have looked at the Code and, although some of these things were allowed, they
don't believe that these types of sculptures are permitted under the current Code.
Therefore, the issue of grandfathering in is optional. There is no requirement to
grandfather in pre-existing signs.
Regular Council Meeting 2/17/98 1
198
Councilman Boggess questioned if basketball goals in the front yard are considered a sign
or a statue. Mr. Weiss responded no, it is not covered by the ordinance. Councilman
Boggess stated that he thinks this ordinance is like spot zoning and it is wrong. If anything
is to be done, it should be done through the Village's Architectural Review Board. He
urged the Council to think about this. Mayor Spiegel stated perhaps they could, as
Councilman Boggess suggested, change the ordinance so that any future objects that are
placed in a yard would have to go before the Architectural Review Board. Assistant Mayor
Hirschl stated they have discussed this with Mr. Weiss and art is subjective. This was
brought to his attention because the Civic Association asked him to meet with them and
discuss the issue, which he did. It behooves the Council to take a stand and control the
flavor of the community with which they've all enjoyed all these years. He thinks that when
it comes to controlling the amount that may be occurring, they have to do something about
it. Councilman Boggess stated the ordinance, in its present form, is not acceptable to him.
It shouldn't restrict people to one piece of sculpture, when the aesthetic thing would be to
have two. It needs more consideration and he would like to see the Council postpone it.
Mayor Spiegel questioned if he would like to see it re -drafted. Councilman Boggess stated
yes.
Mr. John Montgomery, 100 Bal Bay Drive, addressed the Council. He thinks what they're
trying to accomplish is very reasonable.
There being no further comments, Mayor Spiegel closed the public hearing.
A motion was offered by Assistant Mayor Hirsch) and seconded by Councilman Boggess
to approve the ordinance allowing two "signs" per property. The vote carried with the vote
as follows: Mayor Spiegel aye; Assistant Mayor Hirsch) aye; Councilman Gorson aye;
Councilman Boggess aye; Councilman Tantleff aye. Thus becoming:
ORDINANCE NO. 430
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING CHAPTER 15
"SIGNS" OF THE VILLAGE CODE BY AMENDING SECTION 15-1 "COMPLIANCE WITH
CHAPTER" TO PROVIDE DEFINITION OF THE TERM "SIGN" AND AMENDING SECTION
15-9 "SIGNS ON IMPROVED SINGLE-FAMILY RESIDENTIAL PROPERTY TO PROVIDE
RESTRICTION FOR SIGNAGE CONSISTING OF ANY STATUARY, SCULPTURE
MOLDING, CASTING, OR OTHER OBJECT USED FOR DISPLAY PURPOSES AT
IMPROVED SINGLE FAMILY RESIDENTIAL PROPERTY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR PENALTY;
PROVIDING FOR EFFECTIVE DATE.
7. Ordinances First Reading/Public Hearings: None
8. Resolutions: The resolution was read, by title, by the Village Clerk,
opposing House Bill No. 3291, presently in committee in Florida Legislature, regarding
franchise fees for underground right-of-way access to bury telephone lines.
Councilman Tantleff stated this is a resolution that was passed by the Dade County
League of Cities who are encouraging all municipalities to pass it. The Legislature is trying
to cut municipalities out of fees that they've always gotten and that they deserve. He
Regular Council Meeting 2/17/98 2
199
asked that the Council go along with the Dade League and pass this resolution.
A motion was offered by Councilman Boggess and seconded by Councilman Tantleff to
adopt this resolution. The motion carried with the vote as follows: Mayor Spiegel aye;
Assistant Mayor Hirsch) aye; Councilman Boggess aye; Councilman Gorson aye;
Councilman Tantleff aye. Thus becoming:
RESOLUTION NO. 572
A RESOLUTION OF THE COUNCIL OF THE VILLAGE OF BAL HARBOUR OPPOSING
HOUSE BILL NO. 3291, PRESENTLY IN COMMITTEE IN FLORIDA LEGISLATURE,
REGARDING FRANCHISE FEES FOR UNDERGROUND RIGHT-OF-WAY ACCESS TO
BURY TELEPHONE LINES; CONTINUING OPPOSITION BEING MADE TO ANY
PROPOSAL TO PLACE UNFAIR RESTRICTIONS AND/OR LIMITATIONS ON
FRANCHISE FEES CHARGED BY MUNICIPALITIES TO FOR -PROFIT TELEPHONE
COMPANIES FOR SERVICES AND PERMITTING THEIR BUSINESS TO BE
CONDUCTED ON PUBLIC LANDS WITHOUT SEEKING ADDITIONAL AUTHORITY
FROM MUNICIPAL GOVERNMENTS.
9. Permission to Install Two Monument Signs - SunTrust Bank:
Mr. Weiss stated the Code currently prohibits all commercial signs unless they are
approved by the Council, or if they are specifically permitted by the Code, like the
ordinance that was just passed.
Mr. Nieda reviewed the proposed signs. He stated the word "Bank" is in accordance with
the Code, but the word "SunTrust" is a judgement call because it is below the first floor
level. The Code says "at first floor or near the first floor." There is no criteria in the Code
for a time and temperature sign, so that is also a judgement call. According to the site
plan, the design appears to be encroaching into a right-of-way and needs to be placed
within the property lines.
Mr. Paul J. Yesbeck, Vice President, Acolite Claude United Sign Co., Inc., addressed the
Council. He stated The signs will definitely be within in the property lines. They are single
faced signs. Mayor Spiegel stated that to get out of that driveway is very difficult and she
wants to make sure that the sign is not going to be blocking the exit. Mr. Yesbeck stated
that the signs will not go up before the Bank is completed. Councilman Boggess
questioned if it is going to be high enough above the sidewalk for people in automobiles
to be able to see any pedestrian traffic. Mr. Yesbeck responded yes.
Assistant Mayor Hirschl stated he thinks it's a mistake because it is providing
advertisement for the Bank and using a computerized sign that lights up is distracting. It
attracts attention to the Bank and detracts attention from Bal Harbour Village. He is
opposed to the additional signage.
A motion was offered by Assistant Mayor Hirsch) and seconded by Councilman Tantleff to
deny the submitted signs. The motion carried with the vote as follows: Mayor Spiegel nay;
Assistant Mayor Hirschl aye; Councilman Gorson aye; Councilman Boggess aye;
Councilman Tantleff aye.
Regular Council Meeting 2/17/98 3
200
The Council suggested that when they re -submit they should give a better visual, such as
a rendering showing the location of the signs on the property with respect to the bank and
showing colors.
10. Permission to Replace Building Signs - Sheraton Bal
Harbour: Mr. Nieda stated that the proposed signs are in compliance with the Code as
far as he can tell.
Mr. Jaime Valdes, Manager, Sheraton Bal Harbour Beach Resort, addressed the Council.
Mr. Valdes stated that they are not using the word "Bal Harbour" because they are
updating the signs according to their corporate guidelines. It will be a lighted sign. The
size will be the same as the existing signs, but it will be in red letters.
A motion was offered by Councilman Boggess and seconded by Assistant Mayor Hirschl
to approve the submitted signs. The motion carried with the vote as follows: Mayor Spiegel
aye; Assistant Mayor Hirschl aye; Councilman Boggess aye; Councilman Gorson aye;
Councilman Tantleff aye.
11. Reports and Recommendations:
A. MAYOR AND COUNCIL: Councilman Boggess stated on December
4, 1997, a certified letter was sent to all the dwellings in the Village with over three units
calling for a lighting survey by a licensed lighting engineer. To comply with this Dade
County ordinance, it would turn the lighting at his building's driveway into the equivalent of
a commercial parking lot. Aesthetically it is horrible and it is expensive. Councilman
Boggess is requesting, since it affects a number of buildings, that the Council ask the
Village Attomey to look into it and see if something can be done to soften it, do away with
it, or something. Councilman Tantleff asked if he should bring it up at the Dade County
League of Cities meeting to see if other cities are doing anything about it. The Council
agreed that would be a good idea. Mr. Nieda stated it was brought up by Dade County
Commissioner Soto in response to high crime areas. One foot candle lighting is a lot, it is
what is required in a commercial parking lot. It has been challenged because it is extreme.
He stated he can talk to Mr. Weiss and give him some of the names that are associated
with the County. Councilman Boggess stated that if it applied to the large condominiums
on the ocean, then the environmental people will be here, because the additional lighting
would affect the sea turtles. Mr. Weiss stated that he would look into it and report back to
Council.
Councilman Boggess stated that at the last meeting they asked David Fine, Stanley
Whitman, and Tony Noboa, as a sub -committee, to discuss and come up with some
solution for the sidewalk on the east side of the SunTrust Bank. He stated that there is no
crosswalk from the north side of 96th Street across Collins Avenue, because all of the traffic
turns left there. He questioned if a traffic engineer has been consulted on this because he
is concerned about the safety of people. He would like to see it studied and a
comprehensive plan done to control pedestrian traffic. Mr. Treppeda stated he would
speak with FDOT (Florida Department of Transportation) to see if they have started
working on anything.
Regular Council Meeting 2/17/98 4
201
Assistant Mayor Hirschl stated there have been a series of break-ins in the Security
District. The Village Detective met with the Civic Association and believes it is probably
someone from the outside. The wall that separates the low rise buildings on the west side
of Collins Avenue from the Security District can be stepped over at certain areas at Park
Drive. He would like the Council to be aware of this. The Civic Association wanted him
to discuss with the Council about the Village looking at putting some sort of low barbed
wire on the back of that wall and camouflaging it with landscaping.
B. VILLAGE ATTORNEY: Mr. Weiss stated that Joseph Serota and he
would be calling each of the Council members individually to go over the status of the Bal
Harbour Club litigation.
C. VILLAGE MANAGER:
Change Order for Village Hall Renovation Proiect: Jose
Fernandez, Architect, Joseph Middlebrooks & Associates, addressed the Council to
discuss 6 change orders (17 through 22). Councilman Boggess questioned the change
order for additional courtyard design. Mr. Fernandez stated that it is actually construction
cost for additional material and work. So, they would not be approving design fees, but
dollars for construction. Mr. Treppeda stated that originally the pavers were not going to
match the red brick that is on the building, so this upgrades the pavers and changes the
color as well. Mr. Fernandez stated that Mr. O'Leary added 200 additional square feet of
pavers and the quality of the paver was changed to a different pattern to coordinate with
the brick and the landscape material that was selected.
Assistant Mayor Hirsch) questioned if the Village is within budget for all of these things. Mr.
Treppeda stated yes, they are monitoring it and there was a contingency put into this year's
budget. Also, Carivon came in quite a bit lower than the estimate.
A motion was offered by Assistant Mayor Hirsch) and seconded by Councilman Gorson to
approve change orders 17 through 22. The motion carried with the vote as follows: Mayor
Spiegel aye; Assistant Mayor Hirschl aye; Councilman Boggess aye; Councilman Gorson
aye; Councilman Tantleff aye.
Discussion of Recommendation by Architect for Changes
to Village Hall Renovation Plans: Mr. Fernandez addressed the Council and
discussed the bathroom revisions. Roberto Beltran, Architect, Middlebrooks & Associates,
addressed the Council and discussed removal of the west stairway. Assistant Mayor
Hirschl questioned Chief Freeman if HIDTA (High Intensity Drug Trafficking Agency)
monies could be used for police department construction. Chief Freeman responded no.
It might possibly be used for furnishings or equipment. Councilman Boggess questioned
about new provisions for the computer video training area. Chief Freeman stated there will
be computer stations downstairs and the training disc can be put into any computer. Mr.
Treppeda stated that the department will gain a larger squad room, because the stairway
would be removed, and a larger office on the second floor. Assistant Mayor Hirschl stated
he would like them to check the costs for alternate "B" on the second floor and the first floor
alternate. Mr. Fernandez stated they would proceed in that direction. Mr. Treppeda
Regular Council Meeting 2/17/98
5
202
suggested discussing the changes at a workshop meeting. Mr. Fernandez stated they
would have the costs from the contractors prior to the workshop meeting so the Council
can make a decision at the meeting. Councilman Boggess questioned if a decision could
be made at a workshop meeting. Mr. Treppeda stated it would be called a special council
meeting and then they would go into a workshop meeting.
Mr. Beltran discussed the exterior paint for Village Hall. Mr. Femandez suggested looking
into the past history of the building for paint colors.
Discussion of Noise Ordinance: Mr. Treppeda explained the
ongoing battle between the Balmoral Condominium and the Sea View Hotel because the
Balmoral is re -doing their balconies. He wanted to discuss it and see if the Village should
have a noise expert take a look at it and make sure that the Code is proper. Mr. Weiss
questioned if the concem was the noise decibel level. Mr. Treppeda responded yes. Mr.
Nieda stated he believes the problem is that the Code specifies that they can't exceed 67
decibel levels and any construction equipment is in the range of 80 to 100 decibels. He
thinks that needs to be clarified because the Code specifies "any noise' and, in that sense,
all construction equipment will violate the Code. Councilman Tantleff asked Mr. Weiss to
see what other cities have in their noise ordinances. Mr. Weiss suggested using the noise
consultant who is working on the North Miami amphitheater issue. Mr. Treppeda stated
he would look into who the noise consultant is.
12. Other Business: None
13. Adjourn: There being no further business to come before the Council, a
motion was offered by Assistant Mayor Hirsch) and seconded by Councilman Tantleff to
adjourn. The motion carried unanimously (5-0), and the meeting adjourned at 4:35 p.m.
Attest:
eaNette
Village Clerk
/elw
*eft
t, CMC
Regular Council Meeting 2/17/98
6