City Commission Meeting Commission - City of Miami Beach

Afteraction January 12, 2005 City of Miami Beach10:00:30 a.m.Emergency Item:Discussion on the Coral Rock HouseACTION: Discussion held.Jorge Gonzalez, City Manager, introduced the item. He stated that he has been informing the CityCommission via LTC’s, and asked for directions to appropriate the funds for the testing, to wavecompetitive bidding to allow him to engage with Gopman and Associates, and stated that it needs togo to the Unsafe Structure Board, which is the organization that has the jurisdiction. He explainedthat the City now knows what the testing will entail and it is questionable if that test can be permittedunder the Florida Building Code.Mayor Dermer is concerned with the timing since the Unsafe Structures Board meets nextWednesday and asked if that board will wait until the study is completed.Commissioner Gross stated that the City will not spend any money if on Wednesday the UnsafeStructures Board decides that the structure needs to be demolished. The City Commission canapprove the expenditure subject to the Unsafe Structures Board agreeing to the timeframe.Mayor Dermer asked who is driving the Unsafe Structures Board’s calendar. He stated that the Cityof Miami Beach should be vigorous on this subject, not only to conduct the study, but to ensure thatthe Unsafe Structure Board respects the fact that the City is conducting the study, and to give theCity the time needed to do the study.Commissioner Garcia asked if hiring Mr. Gopman, a board member, would be a conflict of interest.Gary Held, First Assistant City Attorney, stated that he did not think it would be a conflict, but hedeferred the question to the City Attorney.Murray Dubbin, City Attorney, asked if there is a connection between his duties as a member of theBoard of Adjustment and the job he would be performing in connection with the Coral Rock House.He stated that ethic questions are very factually driven and he cannot answer the question withoutreviewing all the facts.Mayor Dermer stated that doing work for the City and sitting on a board is a conflict and if the Cityhires Mr. Gopman, he would have to resign from the board.Commissioner Smith asked what the study is going to accomplish.Jorge Gonzalez, City Manager, stated that there is no guarantee that the Unsafe Structures Boardwill accept the testing regiment that Mr. Gopman has proposed, and more importantly, the UnsafeStructures Board requirement is to determine if the building is safe or not. The Unsafe structuresBoard requires the local Building Official to approve the adequacy of the testing for purposes ofissuing a building permit. He explained that based on the testimony given by Mr. Gopman to theHistoric Preservation Board, he cannot prove mathematically what the outcome will be; it becomesalmost impossible for the Building Official to issue a permit to do that test.Phil Azan, Building Department Director stated that Mr. Gopman stated at the Historic PreservationBoard, that even after the test is completed, he could not guarantee that the building can berestored. He explained that Mr. Gopman has stated both verbally and in writing that mathematicallyhe cannot prove that the building could be restored and meet the Building Code. The test beingproposed by Mr. Gopman does not meet any standards approved by the Codes the BuildingDepartment enforces.Prepared by the City Clerk’s Office Page No. 40M:\$CMB\CITYCLER\AFTERACT\2005\Afteractions\011205\aa011205.doc