HomeMy WebLinkAboutExhibit Ct
City of Miami
Legislation
Resolution: R-12-0217
Dile Number; 12-00+22hp
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 5/24/2012
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A
PROGRAMMATIC AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH THE FLORIDA STATE HISTORIC PRESERVATION OFFICE, THE ADVISORY
COUNCIL ON HISTORIC PRESERVATION AND ANY OTHER AGENCY, AS
REQUIRED, TO EXPEDITE THE CITY OF MIAMI'S FULFILLMENT OF ITS
HISTORIC PRESERVATION RESPONSIBILITIES ASA RECIPIENTAND
ADMINISTRATOR OF FEDERAL FUNDS UNDER SECTION 106 OF THE NATIONAL
HISTORIC PRESERVATION ACT.
WHEREAS, the Miami Historic and Environmental Preservation Board, at its meeting on May 1,
2012, following an advertised public hearing, adopted Resolution No. HEPB-2012-30 by a vote of
seven to zero (7-0), item no. 13, recommending APPROVAL of the Programmatic Agreement, attached
and incorporated;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager is authorized{1} and directed to enter into a Programmatic
Agreement, in substantially the attached form, with the Florida State Historic Preservation Office, the
Advisory Council on Historic Preservation and any other agency, as required, to expedite the City of
Miami's fulfillment of its historic preservation responsibilities as a recipient and administrator of Federal
funds under Section 106 of the National Historic Preservation Act.
Section 2 This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
Footnotes:
0y gf'Miellni Page 1 (Y'2 File Id.- 12-005221rP (J',iwian: 1) Printed On: '3/27/201)
File Number /2-0052217p
mucom"xmhecR-/2-o21/
{1) The herein authorization iafurther subject tocompliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions,
{2}|fthe Mayor does not sign this Resolution, itshall become effective odthe end often calendar days
from the date itwas passed and adopted. |fthe Mayor vetoes this Resolution, itshall become
effective immediately upon override mfthe veto bythe City Commission.
(t,ql»avm/ Page z«y2 Tile ok/2-ooxz2»v(enm" VPrinted On: uozoo/"
RECORD & RETURN TO:
City ofMiami
Planning Department
Historic Preservation Division
4443VV2'mAvenue, PFloor
K8ionni FL 33130
PROGRAMMATIC AGREEMENT
FOR
This Agreement is made between the CITY OF MIAMI, Florida (hereafter "City"), and the State ofFlorida,
Department of State, STATE HISTORIC PRESERVATION OFFICE. (hereafter "SHPO"), for the purpose
ofestabUshinQprognsmmadcappnoachesfor#znnp|yingvithSeotion1OOofthe National Historic
Preservation Act (16 USC 470f), as amended, and as allowed under regulations at 36 CFR 800,13, with
respect to individual Undertakings implemented within the City,
WHEREAS. the Qty Or other participant in the development process, including public or phvate,
nonprofit or for-profit entities. or any of their contn5ctors, may undertake activities that include but are not
limited to, acquisition, land -banking, |eosing, repair` rohabi|itadon, renovation, improvement, demo|ition,
oonversion, and new construction Of residential and non-residential propedies. StruCtUreS or facilities.,
each ofwhich isanundertaking ("Undertaking")asdefined pursuant to36 CF.RPart 8DO.1G�and
WHEREAS, The City sen/es as the responsible entity for the HUD -funded programs under
federal and abate statutes that authorize HUD to provide for assumption of environmental responsibilities
by recipients of' HUD assistance and other responsible entities, in accordance with HUD's Environmental
Review ProcedureS, 24 CFR Part 58' published in the Federal Register OnApril 30. 1996. and as may be
amended from time todme'^ and
WHEREAS, the Federal, State and City governments have determined that Undertakings may
have an effect on properties included in oreligible for inclusion in the National Register of Historic P|@oeS
and has consulted with the 8HP{J and the Advisory Council on Historic Preservation (henainafter"ACHP")
pursuant to 36 C.F.R. Part 800.14, and
WHEREAS, the City has conducted City-wide historic structures and building surveys: and has
defined the boundaries of the City's historic d|Qthcts, as well as individual historic resources: and
WHEREAS' the City is a Certified Local Government (CLS) Linder Section 101 (e)(o) of the
National Historic Preservation Act as emended with qualified personnel in its Planning and Zoning
Depertment, Preservation Division� and
WHEREAS, the City has full time Historic Preservation mbsffof1wo (2) full time employees and
archeo|ogical consultant and a Historic Preservation Board (HEPB) with o membership of nine (8)
permanent members and one (1) alternate member, The City through its historic preservation staff
(hereafter "Staff"), and the members of the Historic Preservation Board (hereafter "Board'')` provides
professional services to conduct city-wide monitoring of historic buildings and resources, reviews projects
with historical and archeological signifioanne, and determines historic value for all activities within the
jurisdiction of the City; and
WHEREAS, The City, SHPO and ACHP have determined that the execution of a Programmatic
Agreement in accordance with 36 CFR 800 will expedite the 'Cit/sfulfillment ofits responsibilities asa
recipient and administrator ofFederal Funds;
NOW, THEREFORE. the City and SHPO agree that the Programs shall be administered in
accordance with the following stipulations bzsatisfy the City's Section 106 responsibilities for all individual
undertaking ofthe Programs.
The City shall ensure that the following measures are carried out�
A. The City aheU ensure that its Historic Preservation Division staff (hereinafter "Certified Sbafr)
includes at least two (2) full time employees with professional qualifications in architectural
hiStory, history and/or historic architecture, as specified in the Secretary of the Interior's
Professional Qualifications Standards, 36 CFR Part 61 and at |e8Sione (1) employee or
consultant with �nofessimno! qualifications in archaeology toreview, inspect` and administer
applications and field reviews for existing and proposed possible archaeological resources.
B, The City shall ensure that all historic preservation work carried out pursuant to this
Agreement is carried out by or under the direct supervision of Certified Staff, with the
responsibility to review aU Undertakings covered by this Aonaement, determine compliance
with The Secretary of the Interior's Standards for Rehabilitation and Guidelines for
Rehabilitatinq Historic Buildings (hereinafter Sbsndards), consult with the SHP[) as needed,
and monitor project work, |fthe City does not have Certified Staff or staff is reduced. the City
shall Consult with the SHP{) in all cases, unless an activity is specifically determined to be
exempt, asse, forth inSdpu|etionIII Sections A. B.and Conly.
C. The City shall submit anannual report notifying the SHPDcfthe Staff that the City intends to
designate full time io administer and implement this Agreement, The SHP[) shall evaluate
designated Staff with respect to training and experience and, if appropriate, will certify them
for making determinations of eligibility and effect and applying the Secretary of Interior's
Standards and Guidelines for Rehabilitation of Historic Buildings (hereafter "Standards"). City
Staff shall bere-certified annually.
D. |fthe City experiences a staff vacancy, aconsultant approved by the SHPOmay be utilized
tncontinue tocomply with this Agreement.
E. The City shall notify the 6HP[> of any proposed staffing changes or vacancies immediately.
If the City does not have Certified Staff in place or if the SHPO does not certify any City Staff
person or consu(tan1, then this Agreement will become null and void and the City shall
instead comply with 36 CFR 800.4 through 800.6 with regard to individual Undertakings
covered by this Programmatic Aoneement, except as provided by paragraph (D) of this
section.
All properties listed in the National Register of Historic P|gces, contributing pn2peteS in listed or
eligible National Register historic distdcts, or newly identified historic properties or districts
determined by Certified Staff to be eligible for the National Register ShBU be treated as resources
21 ", �,/ o, m n`| p c�,'amma�, c �G,p�-�:en� ma,cv ZO1I
covered in the edpuladOma of this AgneemenL in the event that the City is unable to come to a
determination onwhether a property is a contributing element in a historic district and/or eligible
for the National Register, the City will forward all documentation to the SHPD for evaluation in
accordance with 3BCFR 8OO.
11The City, through its Certified Staff, shall review the data supplied by the City's Florida
Master Site File Forms for all districts, sibes, buildings, structures and objects (hereafter
"properbea^) that meet the criteria for listing in the National Register ofHistoric Places (at
38 CFR 60.4). The City shall review the sites whenever they are located within the
boundaries ofteg]eted priority, neighborhoods aswell @Sother project ansaa and sites
slated for Program activities,
2 New surveys and determinations shall be conducted in accordance with "Archaeology
and Historic Preservation: Secretary of the Interior's Standards and Guidelines" and the
"Identification of Properties, General" (at 3G CFR 80. Appendix 1)and will make use of
any previous historic resource survey material available. The new result o[new surveys,
including the opinion of the City and the Certified Staff` as supported by aurveyed data,
will be placed on the Florida Master Site File Forms.
1 Regarding National Register eligibility of potential historic districts within the targeted
priority neighborhoods or other project areas sun/eyed. the City shall forward all studies
and documentation h]the GHP[}for review and final approval.
4� \nthe event that the City and the SHP[}cannot agree, upon the eligibility Ofa property, or
ifthe Secretary Cfthe Interior sorequests, the City shall request aformal determination of
eligibility from the keeper of the National Register in accordance with 36 CFR 800,4(c)(4).
B. UNDERTAKING IDENTIFICATION AND DOCUMENTATION
Properties that may be affected by the City's programs will bereviewed bythe City's
CertifiedStaff-inoonsultabon with the National Register Criteria. The City shall forward
the results of the review to the GHP[) for evaluation. If the 8HP[)'s opinion is not
rendered within 30 business days of GHPD receipt of the submission of adequate
dooumenbstion, it will be assumed that the SHP[] is in agreement with the City's
determination of eligibility.
2, Properties that are determined to meet the National Register Criteria will be considered
and treated as ahQibka for inclusion in the National Register of Historic Places.
3. If the, City and SHPO cannot agree as to whether a property meets the National Register
Criteria, or the ACHP or the Secretary nfthe Interior so requests, the City shall request a
formal determination of eligibility from the Keeper of the National Register in accordance
4. The City shall keep 8 public record of all determinations, and supportive materials of the
reasons why any property does or does not appear to meet the Criteria, and shall forward
acopy ofthis record tothe SHPOfor review upon request.
C. DOCUMENTATION STANDARDS
The City shall ensure that any determination by Certified Staff as to whether property is
historic, for purposes of this agreement, is supported by Sufficient documentation to
enable any reviewing parties to understand its baaia, induding, but not limited to. a
survey, site plan, photos, elevations, evidence of construction date, context,
2,The City may use documentation prepared tocomply with other laws, such asthe National
Environmental Policy Act (NEPA), if such documentation meets the purposes and
requirements ofthis agnaementpursuant to 36 CFR 800.8(c) and state and local law.
3.The City shall withhold from public disclosure information about the looation, oheraober, or
ownership ofan historic property or archaeological site when disclosure may cause a
significant invasion of phvacy� risk harm to the resource; or impede the use of a
traditional religious site by practitioners.
4.TheCity shall send acopy ofany modification toany site onthe Florida Master Site File to
8L
EXEMPT ACTIVITIES THAT HAVE L|KQITED POTENTIAL TO AFFECT HISTORIC
PRESERVATION
Because the potential effects ofCertain Undertakings upon historic properties are foreseeable,
likely minima|, or not adverse, the following Undertakings proposed by the City are considered
rout�ne and may be approved by Certified Staff without further consultation with the SHPO.
A. EMERGENCY AND MINOR REPAIR ACTIVITIES
1. Repair or replacement of electrical, p|umbing, heating and ventilation systems or their
components, when no structural alteration is involved. This will include repair or
replacement of electrical pane|s, breakens, cirouhS, svvitchas, receptacles and fixtures,
water heaters, heating vents, floor furnaces, wall heaters, central neat systems, gas lines,
2. Emergency repair of roof leaks: and
3. Miscellaneous repairs to include only: temporary repairs to floor framing or fbohng�
temporary repair of falling ceiling coverings-, temporary bracing or shoring of structural
members to prevent onUapse� in-kind repairs of windows, exterior dnDn5 and porch floors,
columns and Steps,
1 Retention and/or replacement in-kind ofwood siding and cornice in-kind,
2. Scraping, Caulking, weathepsbjpping.re-Q|azing and repairing exterior aurfacea�
3, Masonry repair using materials. mortar composition, color, joint profile, and width which
match the historic material; '
4,Repair or replacement in-kind of asphalt shingle roofs', repair or replacement in-kind of
nneh9| roofs; repair orreplacement in-kind of clay t||s roofs, replacement 0fstructural roof
components ordeCking-,
5. Repair or replacement in-kind of historic attic vents in original openings or installation of
now vents painted to match gable;
4�-/
6, Replacement pf window sash glass and hardware in-kind, repair, or in-kind replacement of
damaged ornon-operable transoms;
7.Replacement ofexterior doors in-kind when neoeyaery�
8. Installation of plain storm doors, anodized or Painted to match existing trim:
8. Removing rear additions that are less than fifty (6O)years ofage;
10� Repair or replacement in-kind of wood columns and porch elements such as ceiUngs,
lattice vvsUs, flooro, rails and spindles; repair or replacement of existing porch screening
when necessary-,
11, Repair or replacement in-kind of foundation and foundation vents in-kind; cutting new
foundation vents and installing metal/wood access doors in concealed locations where
possible, and repair orreplacement in-kind offloor joists and supports,
12. Rebuilding of existing wheelchair ramps,
13. Installation of exterior decorative or security |ights, provided no permanent alteration of
original elements or features contributing to the structure's historical significance occurs:
14, Repair or in-kind replacement (installation ofa new element that duplicates the material,
dimensions, oonfiguration and detailing ofohghla| element) ofexterior features, such as
doors, windows, porches and architectural details-,
15. Emergency or required securing of property, including Unsafe Structures. by boarding
over window and door openings;
16Repair of masonry foundations. walls or chimneys by tuck pointing using matching mortar
oomp|etion, color. joint width and profile, removal of secondary deteriorated chimneys-,
and
17� Minor Code Enforcement violations that meet the criteria above.
C. INTERIOR REHABILITATION ACTIVITIES
1.Repair, installation or replacement of electrical sySbeme, heating symtams, p|umbing, air
conditioning. fina prnteotion, ventilation or similar systems', provided no permanent
alteration of original elements or features contributing to the structure's historical
signifioanoe000urs�
2. Interior window or door security bars or Qates, provided no permanent alteration of original
elements or features contributing to the structure's historical significance ocouos,
3.VVe8theriz@d0n activities. including weathepstripping, roof insulation, and insulation of
basements and interior walls,
4.Replacement of original lighting fixtures for safety or efficiency;
5. Replacement of severely damaged interior doors with replacement doors similar in design,
6. Repair of wood floors; installation of new floor covering except for vinyl coverings on wood
floors inmain living areas, hallways and bedrooms"
7. Repair of plaster walls and ceilings by patching plaster where poeaib|e, or replacing with
new drywall surfaoes and painting where repair is notfeasib|a�
8.Re-using or replacing in-kind molding or mantels in their original location, where new vveU
and ceiling surfoCea are inats||ed, where replacement is needed or where new openings
000ur�
Q,|notaUahon of wmod, fiberglass or plastic composite material paneled doors in principal
rooms where original doors are damaged ormissing;
10� Installation of simple standard light fixtures to replace missing or nonworking interior and
exterior light fixtures:
11, Installation of new kitchen cabinets and countertops, installation of new bathroom
fixtures: and
12. Installation ofnew ceiling opening and pull-down attic steps', removal and sealing up of
obsolete pull-down attic steps.
D. SiTE IMPROVEMENTS AND PUBLIC IMPROVEMENTS
The following items may be allowed after review by Certified Staff, an long as, the undertaking
does not impact the tree canopy orarchaeological zone:
1.|nshs|lation. repair or replacement in-kind ofsewer and water, gas, electric. phone, cable
lines and associated road and yard,
2.Repa}rorrep|aoementin-kind ofconcrete walks, driveways, curbs, and sea walls;
3. Replacement or installation ofpark and playground equipment' |ondsoaping, and taciUUeS,
excluding buildings;
4.Rep|acementorinstallation oftraffic signals, street name and regulatory signage, Street
lights, and street tneeS�
5.1nmta|ladon of temporary con etrucdon-relahed buniens. such as Soreening or temporary
fences:
G. Repair or replacement in-kind of fences or new fences, retaining walls, and landscaping per
individual historic district guidelines as appropriate, and
7. Installation or replacement in-kind of emergency systems when necessary,
The City programs administered under this agreement shall be reviewed by Certified Staff to
determine whether a proposed undertaking hes the potential to cause effects on historic
resources, Individual properties that are determined eligible for or listed in the National Register
or contributing properties in listed or eligible National Register historic districts, or newly identified
historic properties or districts determined by Certified Staff to be eligible for the National Register
61c
shall be treated in the following manner.
A. REHABILITATION
1. Rehabilitation ofhistoric properties shall be done in accordance with the recommended
federal, state, and local rehabilitation standards, and per local historic district guidelines,
2. P documentation (e.g. work wrbe-ups, bid documents, phobognapho,
architectural plans) will be prepared by the appropriate Consultant or Applicant with
responsibility for the project, in consultation with Certified Staff orwith the other qualified
Consultants approved byCertified Staff eSappropriahe�
3, Certified Staff shall review the rehabilitation plans and issue o Certificate of
Appropriateness verifying that the project will have no effect or will have no adverse
effect byvirtue ofits meeting the Standards, Nowork may begin onthe project until ouoh
e Certificate of Appropriateness has been issued by the Certified Staff. All work shall
conform to the proposal an approved. and tothe conditions abated in the Certificate of
Appropriateness,- Rehabilitation accomplished in this manner shall have no adverse affect
on historic properties and no further compliance with the /\CHP'e procedures will be
necessary.
4, The documentation of each project shall be retained by Certified Staff as part of the
permanentproject fi|esand shall bereviewed bythe SHPDupon request oraspart ofthe
annual report.
5, If the Standards cannot be met, or the proposed treStr-nent of the property is not
nahabi|itation, or if the contemplated action could have an adverse effect on properties
eligible for the National Regisher, then prior to taking any action the City shall consult with
the 8HPO and initiate the procedures set forth at 36 CFR 8K6.
New construction within or immediately adjacent to historic districts or adjacent to
individually eligible or listed historic resources will be designed to adhere to the
Standards and to be responsive to the overall character of the neighboring historic
properties in terms of height, soe|e, masaing, setback, oo|or, mahsha!S and details.
Preliminary plans shall be submitted to the Certified Staff for review and approval. If the
Certified Staff determines that the plans are compatible with the historic property, they
will be sent to the SHP0 for review, The final design shall be consistent with the
preliminary plans approved and modified to address any recommendations by the SHPO.
The SHPC) shall provide written recommendations within thirty (30) days� If no comments
are nemaived, it will be assumed that the plans are acceptable to the SHP{}, If the plans
cannot be modified and are not approved by the SHPO. the City shall request the
ACHIP'scomments inaccordance with 3SCFR 8OD,G
2,Thedeaign of infill construction on parcels where historic resources have been demolished
by the City under the terms of this Programmatic Agreement, oronvacant parcels within
historic disthcts, shall adhere b)the Standards and must be developed in consultation
with the SHP[}, The budget, goa|s, and needs of the redevelopment area aho|| be taken
into consideration by the GHPD as part nfthe review. Once the SHPD has approved e
prototype(s) for an area. Certified Staff may approve subsequent new construction
projects inthe same area using the same plan, without further SHPOreview.
3.Additions to historic buildings or contributing buildings within historic districts shall adhere
7�c
to the Standards and shall be consistent with guidelines of the National Pork Service's
Preservation Brief #14. "Mew Exterior Additions to Historic Buildings: Preservation
Concerns." Plans for such additions will be reviewed and approved by Certified Staff to
ensure consistency with those guidelines.
Handicapped 800eaabi|by projects undertaken by the City tocomply with the Americans
with Disabilities Act and other local and federal requirements shall follow these guidelines:
1 The City shall explore all alternative methods to provide handicapped accessibility to
historic buildings consistent with the Secretary of Interior's Standards, National Park
Service Preservation Brief # 32. "Making Historic Properties Aooeaoib|a^, and the
Department of the Interior Report. "Access to Historic Buildings for the Disab|e&
Suggestions for Planning and, |mp|ementation,"and
2, To the extent feasible, handicapped accessibility features (e.g, ramps and elevators)
shall not be located on primary elevations of historic buildings and shall not result in the
removal of significant historic architectural features or materials.
1 Fina( plans and specifications for handicapped accessibility projects shall be reviewed
and approved by Certified Staff if they are determined to meet these guidelines. If the
Standards cannot be met or if the project cOu|d have an adverse effect on historic
properties, then Prior to taking any action the City shall consult with the SHPD and initiate
the procedures set forth at3SCFR 8O&O.
D. RELOCATION OF HISTORIC PROPERTIES
A contributing building within a historic district oran individually eligible or listed building
may be moved to @ new site only if absolutely necessary and only when Certified Staff
determines that redevelopment activities provide no other alternative than the removal of
such building. The new location must be approved by the @HPD and should not be more
than one and a half miles from the original location of -the property, If the SHPO objects to
the proposed alternative site, the City shall request the ACHP'acomments in accordance
with 36 CFR 600.6
2. The City shall ensure that properties are moved by qualified movers in accordance with
approaches recommended in the "Moving Historic Bui|dings"report (John {)bed Curtis,
1979). Within ninety (QO) days after the move. the Chx, in consultation with the SHPO,
shall re-evaluate the eligibility of the property for the National Register of Historic Places.
�. SITE IMPROVEMENTS AND PUBLIC IMPROVEMENTS
Site improvements and public improvement projectswithin historic districtsincluding
inupnovemenis, repaving of etneets, inebs|katkm of landscaping, street lighting
and street furniture and other infrastructure improvements shall adhere to the Secretary
of the Interior's Standards and shall be designed to ensure that character -defining
elements are preserved through repair or replacement in-kind. Any new materials or
features introduced into a historic district will be responsive to the character of that
district.
2.Final plans and specifications for site and public improvement projects shall be reviewed
and approved by Certified Staff if they are determined to meet the Standards. If the
Standards cannot be met or if the project could have an adverse effect on historic
properties, then prior hztaking any action the City shaUconsult with the SHPOand initiate
the procedures set forth at 36 CFR 800.6
V. DEMOLITION
No demolition within designated Historic Districts or individually designated historic structures may
proceed until the Historic Preservation Certified Staff has issued a Certificate of Appropriateness for
Demolition with an accompanying Historic and Environmental Preservation Board Resolution.
The, City may proceed with the demolition of non -historic properties or non-contributing
buildings located within Historic Districts without further review of the SHP(]. The City musL
retain documentation ofall such demolitions inits project files,
B. EMERGENCY AND TEMPORARY MEASURES
1�Forthepurpose oi remedying emergency conditions determined to be dangerous to life,
health Or property, nothing contained herein shall prevent the making ofany temporary
construCtinn, reconstruction or other repairs to a designated (or eligible for designation)
property, otruoture, irnprOvernent or site within the City, pursuant to an order of G
government agency or a court of competent jurisdiction.
2.ThB owner ofa designated or eligible for designation pnrperty, structure, improvement or
site damaged by fire or natural calamity shall be permitted 03 stabilize the property
immediately without Board approval, and to rehabilitate it later under the norma{ review
procedures.
C. EMERGENCY DEMOLITION
In the event that the City determines that emergency demolition of historic property or
contributing property within e historic district iSrequired 0ocomply with local regulations
and to avoid on imminent threat to the health and safety of res/dente` the City sh@!|
immediately forward documentation to the SHP[) via email, express mail orfacsimile with
arequest for comments within five (5)business days. The documentation shall include a
copy of the order requiring emergency demolition (within seven days with any back up
information), photographs of the property and the Florida Master Site File Form,
designation nsport, or other documentation regarding the property's eligibility for the
National Register of Historic Places, The SHPD shall notify the City in writing of its
findings and any required mitigation measures (e.g recordation additional photographic
documentation. architectural salvage, etc.).
1 Governmentagenciea having the authority to demolish unsafe structures shall request
Certificate of 'Appropriateness for Demolition from the Historic and Environmental
Preservation Board (here|n@fter^HEPB'^) prior to placing any historic resource or affected
undertaking on an official agenda ofthe Unsafe Structures Board,
2.Tha HEPB shall be deemed an interested party and shall receive ten (10) days prior written
notice of any public hearings conducted by any government agencies regarding
demolition of any designated or eligible for designation propehy, and any property within
a historic district.
3.The HEPB may make recommendations and suggestions to ths applicant government
agency and the owner(s) relative to the feasibility of and the public interest in preserving
the property.
4�Atthe written request of the Historic Preservation Certified Staff, such government agency
shall continue any hearing on a property for- not less than thirty (30) days to allow
consultation with the HEPB,
5. If a government agency orders a 50 year old or older property for demolition, the order shall
also, at written request of the HEPB establish 2 grace period of no less than one
hundred eighty (180) days to complete the necessary repairs and satisfy such agency
safety standards.
G Such government agencies shall have the jurisdiction and authority to grant additional
extensions of the grace period at the written request of the HEPB when additional time is
found necessary to complete the repairs and satisfy the agency safety standards.
7.Tha HEPB may request a delayed effective date to arrange a possible alternative to
demolition. During the demolition delay period. the HEPB may take steps as it deems
necessary to preserve the structure. Such steps may include, butsheU not be limited to,
oonsu|tabonwith civic groups, public agencies and interested citizens, recommendations
for acquisition of the structure by public or private bodies or agenoie3, and exploration of
the possibility ofmoving the struotum*(a)toanother location.
8. Nothing in this section shall prohibit a government agency from entering an order requiring
a5Oyear old orolder property tobesecured.
9. No permit for voluntary demolition of a designated or eligible for designation property,
structure, /mprovernent, or site shall be issued 0Jthe ovvner(o)thereof until an application
for Certificate oil Appropriateness for Demolition has been submitted and approved by
the HEPB.
1& The refUsa| by the HEPB to grant a Certificate ofAppropriateness for Demolition shall be
evidenced byawri�en document detailing the public intere8tin preserving such property,
A copy of this document shall be sent to the SHPO for evaluation and further
recommendations regarding the HEPB'S decision.
11, Before demolishing any contributing building in historic district or any building that is
individually listed in or eligible for listing in the National Register. the City shall forward
documentation to the SHP{} including the location nfthe pnJperty, o description of the
significance of the pn7perty, measures taken by the City to preserve the property (e4
marketing notices to property owners, oeouhty, demolition by neglect, code enforoement,
eto.), the current condition of the property supported by recent photoQnaphs, and the
period of' vacancy.
12. The SHP[) shall advise the City within fifteen (15) days whether the City can proceed
with demolition and what, if any, mitigating measures are required, If tile SHPO objects
to the proposed demolition, the City shall request the ACHP'acomments inaccordance
with 38 CFR 800.5(e).
E. DEMOLITION OFHISTORIC PROPERTIES
Prior to the demolition of historic properties not covered under the abandoned structures or
emergency demolition provisions of this Programmatic Agreement, the City shall forward the
101
fdlomingdocumentation bthe SHpD:
1,Location and description ofthe building.
2. Reasons for demolition, including dooumentaUon of building and code violations, licensed
engineer's report of structural damage and deterioration, and an explanation as to why
rehabilitation is neither prudent nor feasible. Recent photographs of each elevation and
any historically s|gnifioant exterior features or interior elements.
3.KXeosures taken to solicit public comment, including posting property and Historic
Preservation Board meeting,
4. Description of architectural elements.
6.A statement by the Certified Preservation Staff as to whether this pending demolition
represents owner orOccupant neglect (demolition byneg|eot).
G. A new Florida Master Site File (FKXSF) or update to an existing FK8SF.
7.Future plans for the property ifthey have been completed.
The SHPO shall advise the City within thirty (30) working days whether the City Can proceed
with demolition and whai if any, mitigation measures are required |fthe SHPO objects to
the proposed demolition, the City shall notify the ACHP in accordance with CFR 800,6�
VL ARCHAEOLOGY
A� In the event that the City plans any ground disturbance as part of rehatibtadion, new
constFuctiOn. Site impn7vement, or other project, the City shall consult with the SHPO to
determine whether the project site contains archaeological resources, If the SHPD
determines, it necessary and appropriate, the Qty shall ensure that qualified Staff or an
Archaeological Consultant is hired to assist in the identification and evaluation of
archaeological resources. If archaeological resources aro identified which meet the National
Register Chterie, they shall be avoided or preserved in place, if feasible.
�.
If the City determines that dis not feasible to preserve or avoid archaeological resources, the
City ahoU consult with the SHP[) to develop a treatment plan consistent with the ACHP`m
handbook "Treatment of Archaeological Pnopertiea^, and subsequent amendments and State
guidelines. The treatment plan must be approved bythe SHPC)and the City shall ensure that
it is implemented by qualified Staff or an Archaeological Consultant. If the GHPO objects to
the treatment plan, then the City shall request the /\CHP's comments in accordance with 38
CFRBOO�8.
W.` PUBLIC INVOLVEMENT
A� Each year the City shall notify the public ofthe City's current HUD and other Federally -funded
Programs and shall make available for public inspection documentation on the Programs,
Included in this documentation will be general information on the programs, intznnadVn on
the types of activities undertaken with HUD fUnds, inh3rn1@bOD on identified historic properties
which might be affected by these aCtivitias, the amount OfCOBG. HOPVVA. HOPE 3 and
other nem/funds HUD may make available in the current program year, and how interested
persons can receive further information or, the Programaand participate inthe Section 106
process as defined at 36 CFR 800. Tile dissemination of this information shall be coordinated
with existing public hearing schedules The City shall also hold periodic information meetings
ior the public to address HUD -funded activities affecting historic resources and new or
pending programs that may affect resources
B. Certified Staff shall attend at least two public meetings of the Office of Housing and
Community Development Department each year to explain and discuss the City's projects
affecting historic resources and to receive the comments of the group or other members of
the public.
V11L PROJECT COORDINATION
A. The Certified Staff shaU ensure that BU appropriate City departments are aware of this
Programmatic Agreement and any associated written guidelines that are available, The
Cerirfied Staff ohaU ensure that all sub -recipients of HUD funds (e,g. Community Housing
Development Organizations or CHODs, Community Redevelopment Agencies, community
Sen/i�e�rg�n/z�bonS'eUo�)�reew�reof�hi�Agreernentandese0oiabedguideUnes,
B. Pre -project documentation shall be prepared by the City or sub -recipient Staff with
responsibility for those projects, in consultation with, Certified Staff and in accordance with
Section 4 "Treatment", above. Documentation shall include photographs, work whte-upo,
p|ans, maps, e±. as appropriate.
C. The Certified Staff shall review this project documentation and issue a Letter nfApprova! for
each undedaking, if it meets the Standards prior to the approval of the expenditure of any
funds. Though no work may begin until such a |eberhas been issued, non-destructive project
planning activities that do not restrict tile subsequent consideration of alternatives to avoid
minimize ormitigate for tile undertaking may take piece.
D. If the Certified Staff determines that u project does not meet the Standards or will have an
adverse effect on historic properties. the Certified Staff shall consult with the SHP[) and, if
necessary, with the ACHPpursuant h}3SCFR 8D&S�
Ix. POST -REVIEW DISCOVERIES
A. |fhistoric resources are discovered orunanticipated detrimental effects onhistoric properties
arise during the implementation of an undertaking, the City shall consult with Certified Staff
and ehoU make reasonable efforts to avoid, minimize or mitigate adverse effects to such
properties. For purposes of this agreement, Certified Staff may assume, in consultation with
the SHPD. that g newly discovered property is eligible for the National Register in order for
information to be used in the resolution of adverse effects. This may include having Certified
Staff �
Consult with the SHPD. ACHP, pubikc and other interested parties to resolve adverse
effects prior toapproving, commencing orcompleting the undertakkng-
2.Consultwbh the 8HPO and representatives to resolve adverse effects to properties with
religious and cultural Significance to Native Americans
3.Take immediate action toresolve adverse effects with the property owner ifthe undertaking
has been approved and construction has cornmenced,
4. Notify the SHP0. ACHP, and other interested parties within forty-eight (48) hours of the
discovery.
A. The City mhoU retain project nsoorda fora minimum of two (2) years following the completion
of project The project files, shall include but are not limited to staff reviews, comments of
the SHP[), work write -LIPS and before and after photographs.
B. The City shall submit to the SHP0 an annual report each S8p&enber summarizing the
activities carried out under the terms of this Programmatic Agreement. The report shall
include the following information:
1 A is' of properties determined eligible for listing in the National Register of Historic
Places.
2. A list of properties for which work write-ups have been reviewed by the Certified Staff.
3.Phobognaphkc documentation and sample projects demonstrating that the Standards have
been adhered to.
Upon written request bythe3HPO.the City shall make arrangements for the SHP0toreview
records and conduct on-site inspections of projects. This does not preclude the SHPD'G
ability to conduct periodic site visits to theCity�
X(. TRAINING
A. The SHPD shall provide periodic training in the application ol the Standards and in the
administration Of this pnzgr@D7rn8bc Agreement for City personnel (e.g, Certified Staff.
preservation sieff, monagers, rehabilitation inspectors) as requested by the City, on e
schedule tobearranged among the parties.
B. The City may develop guidance docunlenteinconsultation with the SHPOtoassist City staff
in complying with the terms of this Programmatic Agreement.
xflDISPUTE RESOLUTION
A, DISPUTE RESOLUTION AMONG THE CONSULTING PARTIES.
Should the SHPO object within thirty (3O)days to any plans, specifications or other project
information provided for review pursuant to this Programmatic Agreement, the City shall
consult with the SHPC) to resolve the objection. If the City determines that the objection
cannot be resolved, the City shall forward all documentation relevant to the dispute to the
ACHP, Within thirty (30) days after receipt of all pertinent documentation, the ACHP shall
1,ProvideLhe City with recommendations that the City shall take into account in reaching a
finai decision regarding the dispute; or
2.Notifvthe City that it must comment pursuant to 366 CFR 800£(b)(2) and proceed to
comment, Any ACHP COMITient provided in response to such a request shall be taken
into account by the City in accordance with 36 CFR 800.6(b)(2) with reference to the
subject ofthe dispute.
3.Anyreoommend8tion orcomment provided by the ACHPshaU be understood to pertain
only to the subject of the dispute, the City's responsibility to carry out all actions under
this Programmatic Agreement thot are not the subjecta of the dispute shall remain
unchanged.
B. REVIEW OF PUBLIC OBJECTIONS
Should an objection to any such Measure or its manner ofimplementation be raised by a
member of the public at any time during implementation of the measures stipulated in this
Programmatic Agreement, the City shall bake the objection into account and consult as
needed with the objecting party, the SHPO, or the ACHP to resolve the objection.
XHL AMENDMENT OR MODIFICATION
A. Any party to this Programmatic Agreement may request that itbeamended or modified at
any timer whereupon the parties shall consult |n accordance with 36 CFR 8UO.13toconsider
such amendment ormodification.
B. Unless amended or modified by the peteo, ifany section, subse±ion, s8nbanoe, dause, or
provision of this Programmatic Agreement is held or becomes invalid as @ matter oflaw, the
remainder of this Programmatic Agreement shall not be affected by such invalidity,
XIV. DEFAULT
In the event that the City does not carry out terms of 'this Programmatic Agreement, the City shall
comply with 38 CFR 800.4 through 36 CFR 800.6 with regard to individua", Undertakings covered
by this Programmatic Agreement.
1XV. TERMINATION
Any party to this Programmatic Agreement may terminate it by providing thirty (30) days written
notice to the other party, provided that 'the parties consult during the period prior to termination to
seek agreement on amendments or other actions that Would avoid termination. In the event of
termination, the City shall comply with 36 CFR 8004 through 36 CFR 800.6 with regard to
individual Undertakings covered bythis Programmatic Agreement,
RVAINEKKA ON
Whenever this Agreement naquinaa that notice be given or served by either party to the other,
such notice shall be given or served in Vvhbng to the other party at the following address and
deposited in the US mail postage prepaid. The SHP[)orthe City may Change its mailing address
atany 'Lime byserving the other written notice thereof.
Notice tothe City shall bemailed and addressed to:
City of Miami
Planning Department
Historic Preservation Division
444SVV2»«Avenue, 3mFloor
Miami, FL3313O
141:�'-
Notice to the SHP[> shall be mailed to:
Flonda Department of State
Division ofHistorical Resources
500 South BronoughStrest
TuUohaeaee, FL 32399-0250
XVIL RENEWAL
This Programmatic Agreement shall continue in force until March S. 2017. A1any time in the six
(S) month period prior to that date. the City may request the SHPO to review its Programs and to
consider an extension or modification of this Agreement. No extension or modification shall
become effective until aU parties to the Programmatic Agreement have agreed to itinwriting.
The execution and implementation of this Programmatic Agreement isevidence that the City has
afforded the ACHP an opportunity to comment on its HUD -funded Programs and their effects of
its Undertakings on historic properties, and that the City has satisfied its Section 105
responsibilities for all individual undertaking ofthe Programs.
l5
IN WITNESS WHEREOF, this instrument has been executed by the parties hereto in manner and form
sufficient to bind them, as of the day and year last executed below,
Wif K0321THEAhl
By: \_ W--6VlWk'\ —Date:
Joh y Matin kz, P. City Manager
B
r Z y�
Date.
Alexander Adams, Historic Preservation Officer
J u Iri e 0. �B
City Attorney
FLORID TE HISTORIC PRESERVATION OFFICER
By: Date:
Role --F. Rendus, 'state Historic Preservation Officer
ADVI ORY COUNCIL N HISTORIC PRESERVATION
ql&�By: Date:
Title 4