LTC 167-2022 Update Deauville Beach Resort - 6701 Collins Avenue/\/\IAMI FAC
City of Miami Beach, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
OFFICE OF THE CITY MANAGER
167-2022 LETTER TO COMMISSION
TO:
FROM:
Honorable Mayor Dan Gelber and Members of the City Commission
Alina T. Hudak, City Manage~
Rafael A. Paz, City Attorney
DATE: April 27, 2022
SUBJECT: Update: Deauville Beach Resort -6701 Comns Avenue
The purpose of this Letter to Commission is to provide additional information regarding the property
containing the former Deauville Beach Resort ("Deauville") as a follow up to the Letters to Commission
(L TC) issued on January 7th, 10th, and 19th 2022, as well as on March 10, 2022.
This update includes information regarding the City Commission directive as part of item R9S, R9T and
R9X at the January 20, 2022, City Commission meeting. In this regard, the City Commission requested
the following:
1. Attempt to implement all safety precautions to address whether there are any people in the building;
2. Provide for additional building safety;
3. Conduct an independent review overseen by the Office of the Inspector General;
4. Engage an independent structural engineer with historic expertise;
5. Request permission from the property owners for access to the building, along with a request to
document photographically different fixtures in the building;
6. Take steps to seek a Court order for access to the building if the property owners deny the request;
7. Provide in the next 60-days to the City Commission or a Commission Committee, such as the Land
Use and Sustainability Committee, any recommendations prospectively that would prevent this type
of situation in the future, including any policy and/or Ordinance changes.
The following is an update on the aforementioned nine items:
Implement all safety precautions to address whether there are any people in the building and
provide for additional building safety.
The Building Official had deemed the building unsafe in 2017 and the property owners are responsible
for securing the building to make sure that no one other than qualified professionals working on the
building are present. Moreover, on March 4, 2022, Circuit Court Judge Michael Hanzman held a hearing
where he denied the City Attorney's request, on behalf of the City, to enter the building for any purpose.
Conduct an independent review overseen by the Office of the Inspector General (OIG).
The OIG is handling this directive.
Engage an independent structural engineer with historic expertise.
The Planning Department contacted all the Structural Engineers with historic preservation experience
on the City's rotating list of Professionals. Additionally, the firm of De-Simone Consulting Engineers,
L TC -Update on Deauville
April 27, 2022
Page 2
which is not on the City's rotating list, was contacted due to their expertise in restoring large oceanfront
historic buildings. The city received written proposals only from DeSimone, Douglas Wood, and Biller
Reinhart for the peer review; all 3 of these firms indicated that the ability to perform an onsite inspection
would be required. Additionally, De-Simone and Douglas Wood were the only firms that had extensive
experience in the restoration of historic structures.
The following is a summary of the response received from all firms contacted:
Biller Reinhart Engineering Group, Inc.
Proposal submitted for peer review and complete structural assessment.
Proposal for peer review required access to site and interior.
BCC Engineering, Inc.
A full proposal was not submitted, but a cost estimate for peer review and a complete structural
assessment was submitted. However, this firm does not have adequate experience with historic
buildings and would not meet the needs of the directive.
De-Simone Consulting Engineers
Proposal submitted for peer review and complete structural assessment.
Proposal for peer review required access to site and interior.
City staff had a follow-up with De-Simone after the court ruling denying the City access to the site and
asked if the peer review could be done without onsite access. They subsequently°declined the offer to
perform a peer review.
Douglas Wood Associates, Inc.
Proposal submitted for peer review and complete structural assessment.
Proposal for peer review required access to the site and interior.
Kimley-Horn and Associates, Inc.
No response.
WGI, Inc.
Project was discussed and they declined to submit a proposal.
Request permission from the property owners for access to the building, along with a request
to document photographically different fixtures in the building.
The property owner denied this request and refused to allow the City access to the building. The Circuit
Court Judge subsequently denied the City's request for access to the building.
Take steps to go to Court to request access for inspections after requesting permission from
the property owners.
The property owner denied the City permission to access the building, and the Circuit Court Judge
denied the City's request for access.
L TC -Update on Deauville
April 27, 2022
Page 3
Provide in the next 60-days to the City Commission or a Commission Committee, such as the
Land Use and Sustainability Committee, any recommendations prospectively that would prevent
this type of situation in the future, including any policy and/or Ordinance changes.
The Administration and the City Attorney have discussed additional regulations and policies that could
address a similar circumstance as the Deauville in the future. Our current regulations regarding the
definition of demolition by neglect, requirements for protecting historic buildings, and defined remedies,
are very robust. However, the City does not have the legal authority to enter private property and
commence remedial work. Even if permission was granted by a property owner, this would present a
significant level of risk and exposure for the City.
The situation at the Deauville was further exacerbated by a property owner who refused to comply with
City orders regarding the protection of the building, and the unwillingness of the Circuit Court to require
that the property owner repair and restore the building. Absent the willingness of the City to purchase
the property from the owner, we are limited by the regulations in our Code, and the extent that the
Judiciary is willing to intervene.
Current Status of Property
Following the determination by the Judge that the City would have no other recourse to hold the
demolition in abeyance and any effort on behalf of the City to do so would be held in contempt of court,
the Demolition Contractor began work on the building Saturday, March 12, 2022. This preliminary work
was geared toward the preparation of the building for full demolition. The Miami-Dade County
Department of Environmental Resources Management (DERM) had determined prior to issuing the
permit that asbestos exists in the building and that the asbestos must be removed prior to any demolition
of the tower.
Following the beginning of demolition, the Miami Design Preservation League (MDPL) filed a challenge
to the Miami-Dade County Board of Rules and Appeals (BORA) to overturn the decision of the Building
Official regarding the demolition. On April 21 , 2022 BORA was scheduled to hold a hearing on the
appeal from MDPL. However, the board did not have a quorum and is set to reconvene on May 19,
2022 to consider this appeal.
After multiple inquiries, it was determined that the owners of the building are storing the chandeliers
and the Deauville sign inside the building and their representatives have indicated that they may be
willing to discuss the preservation of these elements.
If there are any questions regarding the aforementioned process, or additional information is needed,
please feel free to contact Eric Carpenter.
ATH/~/TRM
C: Rafael E. Granado, City Clerk
Joseph Centorino, Inspector General
F:\PLAN\$ALLICM_RESP\2022\L TC -Deauville Update -April 27 2022.docx