HomeMy WebLinkAboutR-86-0102J-86-106
RESOLUTION N0. 0
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY
OF MIAMI AND THE STATE OF FLORIDA, DEPARTMENT
OF STATE, DIVISION OF ARCHIVES, HISTORY AND
RECORDS MANAGEMENT, RELATIVE TO THE CERTIFIED
LOCAL GOVERNMENT PROGRAM, TO PARTICIPATE IN THE
FEDERAL HISTORIC PRESERVATION PROGRAM.
WHEREAS, the National Historic Preservation Act provides a process for
certifying local governments to participate in the federal historic preservation
program; and
WHEREAS, per Resolution No. 85-1006, dated September 26, 1985, the City of
Miami Commission authorized the City Manager to apply for certification; and
WHEREAS, the City of Miami has been accepted for participation in the
Certified Local Government Program;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA.
Section 1. The City Manager is hereby authorized to execute the attached
agreement with the State of Florida, Department of State, Division of Archives,
History and Records Management, relative to the Certified Local Government
Program, to participate in the federal historic preservation program.
PASSED AND ADOPTED this 13th day of FEBRUARY 1986.
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ATTEST:
*�I! C I �TYC L E R K
PREPARED AND APPROVED BY:
APPROVED AS TO FORM AND
CORRECTNESS:
CITY ATTORNEY
COMMIS IS ON
MEETING OF
FED8''-`�sl p
USOLUTiON -
REMARKS
i•
CITY OF MIAMI, FLORIDA t
?' INTER -OFFICE MEMORANDUM
37
i
FEB 6 1986
,. To. Honorable Mayor and Members DATE FILE:
of the City Commission t
SUBJECT. CERTIFIED LOCAL GOVERNMENT 4
AGREEMENT—
:
CITY COMMISSION MEETING
FROM: REFERENCES. -
FEBRUARY 13, 1986 {
Cesar H. Odio
C i ty Manager ENCLOSURES:
It is recommended that the City Manager be
authorized to execute an agreement between the
City of Miami and the State of Florida,
Department of State, Division of Archives,
History and Records Management, relative to the
Certified Local Government Program, per the
attached resolution.
Per Resolution No. 85-1006, dated September 26, 1985, the City of Miami Commission
authorized the City Manager to apply for certification under Florida's Certified
Local Government Program. We have been notified by the state that Miami has been
accepted for participation.
The Certified Local Government Program was authorized by Congress to allow local
governments to participate in the federal historic preservation program. Miami's
heritage conservation program has been found to meet the criteria for
certification. These criteria include the enforcement of a local historic
preservation ordinance; establishment of a local review commission (Heritage
Conservation Board); maintenance of a system for the survey and inventory of
historic properties; provision for adequate public participation in the historic
preservation program, and satisfactory performance of National Register
responsibilities delegated to it under the state's guidelines.
Expanded participation in the process for nominating properties to the National
Register of Historic Places is one of the benefits extended to Certified Local
Governments. Local governments that become certified will review all nominations
to the National Register from their jurisdiction before reviews at the state and
federal level.
In addition, Certified Local Governments may apply for matching grants to assist a
variety of local preservation efforts. Miami has just received a grant of $15,000
and has applied for additional grants totaling $20,000.
Miami is one of only three Florida cities that have been accepted for
participation in the program.
CHO/SR
rc , Attachment
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CERTIFIED LOCAL GOVERNMENT AGREEMENT
This Agreement drawn at Tallahassee, Florida by and between the State of
Florida, Department of State, Division of Archives, History and Records
Management, (hereinafter referred to as the Department), and the City of
Miami, (hereinafter referred to as the City), relative to the City of Miami
Certified Local Government Program, (hereinafter referred to as the Program),
is entered into this day of January, 1986.
WHEREAS, the protection and preservation of resources of historical,
architectural, archaeological value is a public purpose and is essential to
the health, safety, morals and economic, educational, cultural and general
welfare of the public, and
WHEREAS, this Agreement is for the purpose of implementing the Florida
Certified Local Government Program in Miami, County of Dade, State of Florida,
so as to assist the local government participate more fully in the federal
preservation program, and
WHEREAS, under the provisions of Code of Federal Regulations, Title 36,
Part 61, "Procedures for Approved State and Local Government Historic
Preservation Programs," it is the responsibility of the Department, serving as
State Historic Preservation Office, to administer the Florida Certified Local
Government Program in the State of Florida and to enter into this Agreement,
and
WHEREAS, the provisions of the Florida Certified Local Government
Guidelines prescribe the minimum requirements established for the Program, and
WHEREAS, the City has made application to the Department for
participation in the Certified Local Government Program, and
WHEREAS, the said application has been evaluated by the Department, and
on the basis of said evaluation, has been recommended for certification by the
Department to the National Park Service, and
WHEREAS, the National Park Service has evaluated such application and has
verified that the City meets all federal requirements for certification as a
Certified Local Government,
Therefore, in accordance with all applicable regulations, under the terms
of this Agreement, the City of Miami is hereby certified for participation in
*' the Florida Certified Local Government Program.
WHEN RETURNING I -OR i• .. H 11li:K
1< „" %sp 111 F I. I' I AS
��i�102
WITNESSETH, that in consideration of the mutual covenants herein
contained, the Department and the City hereby agree as follows:
1. The Department shall provide the following general services:
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a. Provide access to Florida Master Site File survey inventory
information to assist the City in maintaining a local
inventory of historic resources.
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b. Designate a staff member to handle communications between
the City, the Department and the National Park Service.
c. Offer a training session at the initiation of the Program
for the Historic Preservation Review Commission and staff
supporting the Certified Local Government program.
2. The Department shall perform the following services in accordance
with and as specified in the Florida Certified Local Government
Guidelines which are attached hereto and are hereby made a part
of this agreement. The Department shall:
a. Provide technical assistance with regard to changes to or im-
provement of local landmark legislation.
b. Provide technical assistance in the development of a system for
survey and inventory activity including, but not limited to:
site identification, site evaluation, survey method, and record
keeping.
c. Reserve at least 10% of the state's annual apportionment for
transfer to Certified Local Governments on a competitive basis
and notify Florida Certified Local Governments of the availabi-
lity of these funds as per Florida Certified Local Government
Guidelines (C) (3) (a) (1)-(3) .
d. Receive and process applications from Florida Certified Local
Governments for matching grants-in-aid from the 10% set aside
funds as specified in (C)(3)(b)-(h). Solicitation, selection,
award and administration of such grants shall be in accordance
with 1A-351 Rules of the Department of State, Historic Preserva-
tion Grants -In -Aid.
I
Dee dD 102 1
e. Notify the City of and adhere to specified time frames for
all National Register activity affecting properties within the
Certified Local Government's jurisdiction as specified in Florida
Certified Local Government Guidelines (C) (4) (a)-(h).
f. Monitor the performance of the City and make every
effort to assist the City comply with the Certified Local
Government Guidelines as per (C)(2)(a)-(m). Monitoring includes
review of grant fund allocations, review of annual reports, and
periodic reviews as necessary and appropriate.
g. Provide an evaluation of Certified Local Government program upon
completion of 'review of annual report. Methods to enhance per-
formance shall be identified.
h. Initiate and pursue decertification process when appropriate as
per Florida Certified Local Government Guidelines (C) (2) (i) - (m) .
3. The City shall generally follow a public policy of protec-
ting, preserving, and planning for the protection and preservation
of resources of historical, architectural, and archaeological value
within its jurisdiction. It shall perform the following duties in
accordance with and as specified in the provision of the Florida
Certified Local Government Guidelines:
a. Enforce appropriate state or local legislation for the designa-
tion and protection of historic properties as per Florida
Certified Local Government Guidelines (B)(1)(a)-(g).
b. Establish by the local law an adequate and qualified historic
preservation review commission composed of professional members
as per Florida Certified Local Government Guidelines (B)(2)(a)-
c. Develop and maintain a system for the survey and inventory of
historic properties as per Florida Certified Local Government
Guidelines (B) (3) (a)-(e) .
d. Provide for adequate public participation in the historic
preservation program as per Florida Certified Local Government
Guidelines (B) (4) (a)-(e).
e. Satisfactorily perform the National Register responsibilities and
other such responsibilities delegated to it under the guidelines
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as r Florida Certified Local Government Guidelines
;�. I� 1 nes (B) (5) .
Y
f. Establish a formal procedure by ordinance or by appropriate
f
administrative action whereby all proposed National Register
nominations are reviewed by a qualified historic preservation
review commission in accordance with procedures set forth in
1 (C)(4) of the Florida Certified Local Government Guidelines.
g. Submit an annual report of Certified Local Government activities
and other such information deemed necessary as per Florida
Certified Local Government Guidelines (C)(2)(e),(f).
h. Permit periodic reviews of Certified Local Government activities
by the State Historic Preservation Office with at least 30 days
advance notice as per Florida Certified Local Government Guide-
lines (C) (2) (c) .
4. This instrument embodies the whole Agreement of the parties. There
are no provisions, terms, conditions, or obligations other than
those contained herein; and this Agreement shall supersede all pre-
vious communications, representations, or agreements, either
verbal or written, between the parties hereto. No change or addi-
tion to this Agreement shall be effective unless in writing and
properly executed by the parties.
IN WITNESS WHEREOF, the Department and the City have read this
4
Agreement and the Attachments hereto and have affixed there signature. -
WITNESSES
ATTEST:
MATTY HIRAI, CITY CLERK
)
DEPARTMENT OF STATE
GEORGE W. PERKY
State Historic Preservation
Officer
CESAR ODIO
City Manager
City of Miami
APPROVED AS TO FORM AND CORRECTNESS:
LUCIA A. DOUGHERTY, City Attorney
0
FLORIDA
CERTIFIED LOCAL GOVERNMENT
GUIDELINES
Florida Department of State
George Firestone
Secretary of State
Division of Archives, History, and Records Management
Bureau of Historic Preservation
i
0'06 • I U 4
rim
FLORIDA CERTIFIED LOCAL GOVERNMENT GUIDELINES
INTRODUCTION
Since its estaplishment by Congress In 1966, the
national hlstork preservation program of the United
States has operated as a decentralized partnership
between the federal government and the states.
Briefly, the federal government estabished a pro-
gram of identification, evaluation, and protection of
historic properties based on the National Register of
Historic Places. The program is carried out by the
states, under the direction of the National Park Ser-
vice of the Department of the Interior. Participating
states receive funding assistance in the form of an-
nual grants from the federal Historic Preservation
Fund to support their efforts. Funds are normally
used to support the staff of the State Historic Preser-
vation Office. A portion of these funds may be
regranted in the form of subgrants for survey, ac-
quisition, and development activities.
The success of this working relationship has
prompted Congress to extend the partnership to pro-
vide for direct participation by qualified local govern-
ments. The National Historic Preservation Act
Amendments of 19801P.L. 96-5151 contain the legal
basis for the new federal -state -local preservation
partnership commonly referred to as the Certified
Local Government program. The Amendments
direct the State Historic Preservation Officer and the
Secretary of the Interior to establish procedures for
the certification of local governments to participate
in this partnership. The Certified Local Government
program will permit the State to: 11 delegate certain
limited responsibilities to those local governments
that meet specific qualifications for certification, and
2) provide, from Its annual Historic Preservation
Fund apportionment, on a competitive basis. limited
grant-in-aid funding to assist certified local govern-
ments in carrying out the responsibilities so
delegated. It should be emphasized that a Certified
Local Government may participate in this program,
whether or not it elects to apply for Historic Preser-
vation Fund transfer funds.
The Certified Local Government program has no
connection with the program of certification of local
historic preservation ordinances or of the historic
districts designated under such ordinances, outlined
in 36 CFR Part 67.9. Those are related to certain
historic preservation incentives available under cur-
rent federal tax laws. While the word "certified" in
the two programs may be confusing, the difference
between them is basic and distinct. Properties listed
in the National Register through the Certified Local
Government program are eligible for all additional
protections and benefits associated with such listing:
properties in a district certified under 36 CFR Part
67.9 are not.
The purpose of these guidelines is to set forth: I I
the requirements and responsibilities of the Certified
Local Government program, and 21 the procedures
for certification of local governments and for transfer
of federal grant funds to participating Certified Local
Governments.
FLORIDA CERTIFIED LOCAL GOVERNMENT GUIDELINES
TABLE OF CONTENTS
Introduction .............................................................
A. Definitions........................................................
B. Requirements...................................................
1. Local Historic
Preservation Legislation .......................
2. Historic Preservation
Review Commission ..............................
3. System for Survey and Inventory ............
4. Public Participation ..................................
5. Satisfactory Performance
of Responsibilities .................................
C. Procedures........................................................
1. Certification of
Local Governments in Florida ..............
2. Monitoring Certified Local Governments/
A. Definitions
1. Appropriate Loral Official: the mayor,
county executive, or otherwise titled admin-
istrative official who is the head of the local
political jurisdiction which is the Certified
Local Government.
2. Commission: a board, council, commission,
or other similar collegial body which is
established in accordance with Section C.2
of these guidelines.
3. Florida Conference of Preservation Boards
and Commissions: a coalition of Florida
historic preservation boards and commis-
sions. Formed under the auspices of the
Florida Trust for Historic Preservation, its
primary functions are to educate preserva-
tion commission members and to enable
commissions to share ideas.
4. Florida Master Site File: the list or catalog
of all recorded historical and archaeological
sites and properties in Florida. It is main-
tained by the Division of Archives, History
and Records Management
5. Historic Preservation Fund: the monies ac-
crued under the Outer Continental Shelf
Lands Act, as amended, to support the pro-
gram of matching grants-in-aid to the states
for historic preservation programs and proj-
ects, as authorized by Section 1010111 of
the National Historic Preservation Act, as
amended
6. National Hegiaterof Historic Places: the na-
tiunal list of districts, sites, buildings, struc-
tures. and objects significant in American
history, architecture, archaeology, engi-
neering, and culture, maintained by the
Secretary of the Interior under authority of
Section 1011a111 HA) of the National Historic
Preservation Act, as amended.
Process for DecertiftcationlLocal
Government Appeal... ...........................
3. Transferof Funds .....................................
4. Certified Local Government Participation
in the Florida National Register of
Historic Places Process .........................
Appendix A —Professional Qualifications
Standards ............................ ....
Appendix B —Rules of the Department of State,
Florida Administrative Code
Historic Preservation
Grants -in -Aid
i.See Attached)
Appendix —AppkcatiuNChecklist,
(See Attached)
7. State Historic PreservatiunOfficer: theoffi-
cial within each state who has been desig-
nated and appointed by the Governor to ad-
miNster the historic preservation program
in the state.
B. Requirements
The following requirements are contained in 36
CFR Part 61. the rule which establishes regula-
tions necessitated by enactment of the National
Historic Preservation Act Amendmentsof 1980.
Public Law 96.515. on December 12. I9H0. Local
governments desiring to become Certified leocal
Governments must meet all of the following
requirements:
1. Enforce apprupri ite state or local legislu-
Lion for designation and protecton of
historic properties In the absence of stute
legislation, this requirement may he met by
theenactment of local legislation containing
the following provisions:
to. The purpose of the legislation shall he i
clearly stated and shall include authuri
ty for appointment of a Commission to
be responsible for the designation and
protection of historic properties
b. The legislation must clearly define
criteria, and a process the same us or
substantially the sume as that identi-
bed in the National lli,tone Preserra-
rmn :Ict if 1966. U.S.0 470 el. cry., us
amended, fur the designation of historic
properties.
The few shall state that boundaries for •
any historic districts or individual prop-
erties identified in or by the mecha-
Nsms contained in the legislation must
be clearly established.
c. The legislation shall provide for the
A
autheity for and lhee.tablisherentef s
process far the review and rendering of
a decision upon all proposed after* -
time, relocations, demolitions, or law
construction within the boundaries of
historic districts established under the
ordinance or which directly affect
historic properties designated under
the legislation. This authority shad in-
clude provisions for delay of demolition
but not for the indefinite stay of a
demolition.
J. The criteria far the review of proposals
Ion alterations, relocations. demolitions
and new construction shall be clearly
set forth in the law and in can of eltem-
tion , should substantially achieve the
purposes of the Secretory of the In.
tenor•. Standards far Rehabiltalion
and Guideline far Rehabilitating
Historic Buildings.
s. The legislation shall include provisions
for enforcing decisions, including
penalties far mn-compliance: a right of
and machaniam far appeal must exiat in
the iegialatton.
L Specific time fromea for reviews *rid for
considerations of alternative. should be
identified.
g. Provisions for public and owner
notification and public hearings for
designation and project reviews should
be identified, par B.4., below,
meal governments shad establish an sde-
cimi and qualified historic prexrvation
review commission (Commission) composed
Of professional and ley members to mr—
dance with paragraph C. below.
a. Each Certified Local Government shall
have a Commission with a minimum of
five (51 member.. when area of geo-
graphic responsibility in coterminus
with the boundaries of its local judsdic.
tion. For communities with a popule-
tio, lea. than 10.000 the minimum
numberof members maybe reduced but
shell rot beless than three131 members.
b. Appointment$ shall be made by the cep
Propitiate local official of the jurisdic-
tion concerned,
c. To the extent avoilableinthecommuni-
ty, the local government shall appoint
professional members from the disci-
plines of architecture, history, architec-
tural history, planning, archaeology, or
other historic preservation related
disciplines such as when planning.
American Studies, American Civilixa-
tion, Cultural Geography or Cultural
Anthropology l.ce Appendix A., Pro-
fesaionsl Qualification* Standards).
Professional Qw6ftcations Standards
in Appendix A me no more stringent
than the standards her membership on
the National Register Review Board.
Lay persons who have demonstrated
special interest, experience, or
knowledge in history, architecture, or
related discipline* shall make up the
balance of Commission membership as
provided for in Section B.2.e. in the
event that there are not enough profes-
sionals in the community.
d. Members shall be residents of the
jurisdiction far which they serve.
e. Local governments may be certified
without the minimum number or types
of disciplines represented on the Com-
mission it they can demonstrate to the
State Historic Preservation Officer
that they have made a reasonable effort
to fill those position.. The State
Historic Preservation Officer will
decide than matters on a case -by —se
beat..
I The terms of office of Commission
embers shell be uniform and stag-
gered and of at least two but not more
than five years* duration (except as pro-
aided in the initiation of -Commission).
There I. not necessarily a limit an the
number of consecutive terms which
may be served.
g. Vacancies, including expired terms,
.hall be filled within 60 day. by the cep.
propiriate local official. Extensions up
to an additional 60 days may be granted
by the State Historic Preservation Of-
ficer on a sen by -case basis.
Is. At least four meetings shall be held
each year and minutes of each meeting
,hall be kept.
I. Each Commission member should
make a reasonable effort to attend the
State Historic Preservation Office
orientation program and subsequent
training programs for Certifit¢i I.urel
Government., Each Commission
should make every effort to be
represented at any informational u
educational meetings. conferences, or
workshop. pertaining to .,,,it ..it func-
tions of the Commission scheduled by
the Scam Historic Preservation Officer
or the Florida Conference of Preserva-
tion Board. end Commissions.
j. The Commission shell review altera-
tions, relocations. demolitions and new
construction of properties within its
jurisdiction.
It. The Canonized- shall review proposed
National Register nominations within
its jurisdiction. When a Commission
considers a National Register no rim.-
tion proposal ondother actions that will
impact properties which are normally
evaluated by a professional in a specific
discipline, and that discipline is not
represented on the Commission, the
Commission shall seek professional ex
Partin in this area before rendering a
decision. This can be accomplished
through consulting (eg.• universities.
private preservatimn orgamrations, o
regional planning commissions) or by
other means that the State Historic
Preservation Officer determines ap.
prupriete.
1. The legislation shad contain specific
time limits within which the Comrnis-
airn *hail L.
m. The Commission shall have staff s.ffi.
dent to undertake the requirements for
certification and carry out the duties
end responsibilities delegated in the
Certified Local Government.
n. The Commdwom, shall adopt Rules of
Procedure for use in all transactions ion
vowing the public.
o. All Commission responsibilities most
be t'">mphorwri ary to Aad carried out in
accordance with the responsibilities of
the State Historic Preservation Officer
as described in 36 CFR 61,4(b).
,the local government shall maintain a
system for survey and inventory of historic
properties, 1. Florida, the term "historic
property" refers to any prehistoric or
historic district, site, building. structure.
object or other reel in, personal property of
historical or archaeological value, including
but nut limited to monuments, memorials.
l ndum habitations, ceremonial sites, aban.
doned settlements, sunken or abandoned
ships, buildings, engineering works,
('.a.. trove. artifact'. or other objects
with intrinsic historical or archaeological
value. or any part thereof, relating to the
history, government, and culture of the
state.
a. The Certified [-oral Government shall
initiate and/or continue an approved
process to identify historic properties
within the jurisdiction.
b. A detailed inventory of the designated
district., antes, and/or structures within
the jurisdiction of local government
must be maintained.
a AR inventory material shell be:
11) Compatible with the Florida
Master Site File. which exemplifies
the forme[ used for statewide com-
prehensive historic preservation
planning,
(2) Kept current and regularly pro-
vided to the State Historic Preser
vation Officer for incmporathm in
the Florida Master Site File.
d. All inventory material shall be con.
sidered as public records, per s.119.011
Florida Statute and s.267021 F'Inr%do
Statute. Therefore. inventory material
shall be available for public inspection,
per s286,011 Florida Statute.
e. Commission members shall be eon
—raged to limikip.te in the survey
process and in preservation planning
carried out by the Certified Local
Government.
Local government, shall provide for ade-
quate public participation in local historic
preservation programs,includingthe pro-
cess of recommending properties for
nomination to the National Register.
a. All Commission meetings shall be
publicly announced. open to the public,
..it have a pau
s
re sly ad—lE ned ngvn
dot, per s.2660105 Florida Statute.
Communam, meetings must men, at
regular intervals at least four times a
year
b. Minutes of all actions of the Commis
-ion, including reesoas for making it,.
decisions, most he kept on file and
v.itable for public {nspecumi, per
s-286,011 Fla ul. Statute.
r. A0 rl-isimu, by the Co min —on shall
be made in a public (arum, and apph.
cuat-luill befav e. writ ten notificat ion
of decisions of the Commission.
it, Rules of prueethimodopted by [hr Cunt
mission shall be available for public m.
spvctian, per s.. 286011. 119011. and
267.021 F1 do Statute.
e. Appropriate local officials, ownem of
.cord, and applicants shall be nmtihtsi
of proposed Commission actions can.
c.rmag a proposed monimam. la the
National Register according to re-
quirements found in 36 CFR Part 60.
objections by owners of pmperties
proposed for nomination must be
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motarixed.
6. Local governments $hall satiafactor0y per.
farm the responsibilities listed in items one
through four above and those specifically
delegated to them by the State Historic
Preservation Officer.
Procedures
1. Certification of Local Governments in
Roride
is. The appropriate official of the local
government shall request certification
from the State Historic Preservation
Officer. The request for certification
shall include;
Ill A written asauranre by the cep
proprista official that the local
government will fulfill all the stan-
dards for certification. Standards
for certification include enforce-
ment of appropriate out. or local
legislation for designation and pro-
tection of historic properties, per
B.I., above; establishment of an
adequate and qualified historic
preservation review rnm_..,an
ICommissionl composed of profs..
alone] and lay member., per 0.2„
above: maintenanttof a system for
survey and inventory of historic
properties, per B.S., above; provi-
aim fa adequate public particip.-
tion in local historic preservation
programs, including the process of
recommending propertieefa nomi-
natkntothe National Register.per
B.e., above; and satisfactory per-
f rrcn—se of any additional respon-
sibilities delegated to all Certified
Local Governments to the state.
and any other delegated re.pun-
sibilities.
421 A copy of the local legislation. per
B.1., above-
131 A map of the area of jurisdiction of
the Commission with any and all
existing designated historic
districts andlor individual historic
prop.rliea ckofy identified. I ndu-
sion of rheas prriga s within the
Jurisdiction of the Certified Iocal
Government ahould beclearly de m.
overrated. This map should be up-
dated regularly through the meat -
parallax of additions and deletion.
of districts and individual proper.
ties andta alterations of historic
district boundaries.
fit A copy of the Commission's Rules
of Procedure.
461 Resume* far each member of the
Commission including, where sp-
proprfate. credential. or member
esperti.e in fields related to
historic preservation, per B2.c.,
shove, and Appendix A, below.
(61 Resumes fer staff member., it
there le professional $Left.
The State Historic Preservation Officer
.hall respond to the appropriate 1-1
official within 46 days of receipt of an
adequately documented written re-
quest. The State Historic Preservation
Officer will review the request and car
tify by letter of certification if the
government fulfill. the requirement..
The State Historic Preservation Officer
will prepare a written certification
agreement which list$ the specific
responsibilities of the kcal government
when certified. The written request, cer.
tification and written certification
agreement .hall be forwarded to the
Secretary of the Interior by the State
Historic Preservation Officer. It the
Secretary of the Interiardoes notobject
within 15 waking days after receipt,
the State Historic Preservation
Officer's certification of the local
government to participate in the na-
tional historic preservation program
.hall be effective.
The State Historic Preservation Officer
.hall respond I. the appropriate laid
official within 45 working days of
re seiptofs documented written request
which is inadequate. The State Historic
Preservation Officer shell indicate how
inadequacies can be corrected in this
notification.
L The Sure Historic Preservation Officer
may agree with the local government to
change the delegation of respro sibil-
Was by amending the certification
agreement, if the Secretary of the In
teriardoo, not object within Ifiworking
days after receipt of the State Historic
Preservation Office amendment, the
amended certification agreement shall
be effective.
.. The local government may appeal a
denial of certification by the Slate
Historic Preservation Officer to the
Secretary of the Interior.
Monitoring (certified local Governmental
Process for OecertificetianlLoeal Govern-
ment Appeal.
s. The performance of Certified Local
Governments must be consistent and
coordinated with identification. evalua-
tion and preservation priorities of the
comprehensive state historic preserva-
tion planning process.
b. Once a local government is certified. it
remainscartified without further action
unless officially decertified.
e. The State Historic Preservation Office
shall conduct periodic reviews and
monitoring of Certified Local Govern -
menu to assure that each government
is meeting the requirement. for car
tificatim. Reviews shall be conducted
at least annually but may be conducted
more frequently at the discretion of the
State Historic Preservation Officer if
deemed appropriate. Reviews shall he
preceded by notice of at least 30 days.
d. The Certified Loral Government will
supply at least 30 Jays' advance notice
of Commission meetings to the State
Historic Preservation Officer.
e. A Certified Local Government is
responsible for providing the State
Historic Preservation Officer with par
titular information at frequent inter
vals. In addition to advance notice of
meetings. Certified Local Governments
should submit the minutes meach Corn-
misaion meeting. attendance at Clom-
missions meetings, and appointments
to the Commission within 30 days of
such actions. The Certified Local
Government should also inkrm the
State Historic Preservation Officer
about any new htstaric designations or
alterations of existing designations
ti dfi tely.
I. The Certified I.ocal Government shall
submit an annual report and ocher
documents as necessary to the State
Hiatnric Poeaervatum Officer. The an-
nual repot shall include any changes in
Rules of Procedure. a summary of Com-
nussion activities including but at
limited to the number of proposals
reviewed• new designations. revised
resumes, appointment. to the Cannons -
sign, a review of survey and inventory
activity with it description of the
system used, a. well as a progress
report on grantassisted activities. The
annual report is due by November I and
should cover the previous October f
-September 30 year. It will be reviewed
by the State Historic Preservation O6
ficer within 30 days.
1. The Stale Historic Preservation Officer
shall review expenditures of funds
allocated sa historic preservation
granta-in-aid.
v Review of the historic preservation
grants•in-aid expenditures, as well as
review of the annual report. shall farm
the basis of the State Historic Preserva-
tionOfficer'.-.1 etionof the Certified
Local Government.
If the State Historic Preservation Of-
ficer's evaluation of . Certified Local
Government indicates inadequate per
for once. that assessment will be 7-+
documented. end way. to improve per-
formance to acceptable levels shall be
delineated by the State Historic Prese -
vati.n Officer. The Certified /.oeai
Government shall have a period of not
less than 30 nor more than 180 days to
implement the improvements. If the
State Historic Preservation Officer
determines that sufficient imprnvo-
ment has not occurred. the State
Historic Preservation Officer will
,ecianconool decertfication of the local
government to the Secretary of the In
rector, citing specific reasons for the
recommendation. If the Secretary of
the Interior does not object. within 30
working days of receipt. decertification
shall be effective,
j. I —al government. may petition the
State Historic Preservation Officer to
be decertified voluntarily .nil without
prejudice.
k. Gr ads for decertification shall i
elude revocntiun of the local ordinance.
failure to comply wah Provisions incur
toraced into the local ordinance. failure 4&
to maintain a Commission. failure to
aimain a survey and identification
program, failure to provide far adec
quote public participation in the local
historic Preservation program. and
failure to keep the Ste. historic
Preservation Officer informed about
Certified Local Government activities
and actions.
1. The local government may appeal a
decertification decision of the State
Historic Preservation Officer to the
Secretary .1 the Interior. `
m. Upon decertification. LbaState Historic
Preservation Officer shall conduct
financial assistance closeout pro-
cedures a. specified in the National
Register Programs Manual.
'Mnsfer of Funds.
a. EsA Certified Lacs! Government fa
eligible to request a portion of funds
reserved from Florida's annual Historic
Preservation Fund grant apportion-
ment on a competitive basis.
ill The reserved portion will amount
lost least ten percentof the state's
annual grant. and the State
Historic Preservation Officer will
inform all Certified t.ncal Govern
ments of the available total within
fifteen day. of receiving official
notification of the total amount of
the ...md apportionment tar
Florida.
(2) Any year in which the annual
Historic Preservation Fund elate
grant appropriation exceeds
g65,000.000, one half of the excess
shall also be transferred to Cer-
tified Local Government. accord-
ing to procedures to be provided by
the Secretary of the 1 nterior.
(3) There is no guarantee that Cer.
tified t.ocal Governments will
receive Historic Preservation
Fund. if they apply for such funds.
Further, receipt of historic preser•
vation regrant funding from the
Florida State Historic Preserve
tion Office is not assurance that
fund. will be available the follow-
ing year or that a Certified Local
Government will receive grant
funding the following year.
b. Each Certified Local Government
which makes application for funds from
Florida's annual Historic Preservation
Fund apportionment is required by the
Secretary of the frrterior ta:
(it Maintain adequate If ... risl
management systems. Local (roan.
coal management system$ shall be
in accordance with the standards
specified in OMB Circular Ad02,
Attachment G. "Standards for
Grantee Financial Management
Systems." Local financial manage-
ment systems shall be muditabie in
accordance with GOA's Standards
for Audit of 0.... amerl
Organizations, Programs, Ar-
berries and Functions. Lucsl finan.
cial management systems will be
periodically evaluated by the State
Historic Preservstion Officer,
121 Adhere to all requirement. of the
National Register Programs
Maraud.
131 Adhere to any requirements man-
dated by Congress regarding the
use of such funds. The State
Historic Preservation Officer will
advise Certified I.ocai Govern•
ments of much requirements and
will include a summary of such in•
formation in the material. made
available to Certified local
Governments making application
for fonds, ae in C.9 c., below.
The requirements listed in 3.b., above.
shall be used by the State as minimum
requirements for local governments
receiving Historic Preservation Fond.;
they also shall be included in the State's
required written grant agreement with
lheiocdgovernment. TheState may re
quire specific uses of funds as long as
such requirements are consistent with
the State comprehensive historic
preservation planning process end are
eligible for Historic Preservation Fund
...istence.
Certified Loco Governments shall
make application. far funds described
in C.3.s., above, an the itme schedule
and using the procedures identified in
Chapter IA.35, Rules of the Deport-
ment of State, Florida Administrative
Code Historic Preservation Grants -in -
Aid fSee Appendix Ill. As applicants for
shares of the reserved portion of
Florida's Historic Preservation Fund
annual appartionmant. Certified 1-ocal
Governments will follow procedures for
applying for federal funds identified in
i A-35.0716), Rules of the Department of
State. Certified 1-1 Government,
which are awarded funds under these
rules and during other possible special
application periods allowed for under
the mleswill be considered subgrantees
of the Florida State Historic Preserva-
tion Office.
Funds made available to Certified Laeal
Governments from the reserved portion
of Florida's annual historic Preserva-
tion Fund apportionment shall be
awarded on a competitive basis. per
C.3.c., above, for historic preservation
survey and planning activities. When
evaluating Certified Locat Government
grant applications, the State shall:
Ill Provide that the amount awarded
any applicane must be sufficient W
produce a specific impact.
(2) Ensure that the funds awarded will
be sufficient to generate effects
directly as a result of the funds
transfer.
(3) Note that requirements fur tangi-
his results may not be waived even
if there are many otherwise eligible
applicants for the amount set aside
for the Certified 1. 1 Gave --
..at. share.
(4) &take r ..ble efforts to
distnhute these monies among the
maximum number of eligible local
jurisdictions to the extent that
such distribution is consistent with
36 CFR 61 71f1(1).
15) Seek to ensure a reasonable
distribution between orbs. and
r.I areas m the State.
(61 Ensure that no Certified (—.l
Government will receive s
disproportionate share of the
allocation.
Submission of an application for a pot
tion of theannuai ifisturic Preservation
Fund apportionment for Florida,
whether successful or ant, shall not
preclude or in any manner disqualify
the Certified teed Government .,.it
ing such application from consideration
for other state grantor federal regrant
funds available under terms of IAJ5,
Itules of the Department of State,
referenced in C.3.c., above.
Historic Preservation regrant funding
cannot be used to match other Federal
program grants. with the exception of
Community Development Block Grant
funds. a. specified in 3ex6an 1051a1191
of the Housing and Ctumu-itv
Development Act of 1974. P.L. 93JN8,
and Revenue Sharing funds a..pectfied
in State and Local Fiscal Assistance
Amendments of 1975. P.1.. 94-4NN.
Historic Preservation Fundregrants to
Certified Local Governments n,ust he
used for activities which further the
goals of identification. evaluation. pro-
tection. and preservation of cultural
urce,.
Use of Ifisturic Preservation regrant
funding will be subject to all existing
restrictions impumd by the fistoric
Preservation Fund Grants Manage-
ment Manual. In accordance with the
requirement. of this Monad. indirect
costs may be charged es part of the Cer-
tified Local Government grant only if
the Certified Local Government
subgrantee meets the requirements of
the Manual and has a current indirect
cost rate approved by the cognizant
Federal agency. Otherwise, only direct
costs may be charged.
Certified Local Government Participation
in the Florida National Register of Historic
Pieces Nomination Process.
a. The Commission complements the
Florida Review Board for the Not
Regtster to the review of prnposnd
nominations to the National Register.
Spun ram of National Relpoter nonuna,
titan proposals heated to areas served
by a Certified load Government shall
have their proposals reviewed at the
local level Proposals for properties in
areas not served by a Certified 1. 1
Government shall be reviewed by the
Florida Review Board for the Nation.:
Register. Nominatton pn,p,,,.N suh-
mitted to the State l ivb,ric Preserves
tion Officer for consideration by the
Florida Review Board for the National
Register will be reviewed to ascertain if
they we located in an area served by a
Certified Laval Gan ,ent. If . Cer-
tified 1. 1 Government se es the
al,eir, the State Historic Presercutmn
Officer shall forward the uluoaan
pnrp,sul to the local Cnmmiss.
b. The local Css,an will develop o
v-the dta:omentauun nnrsearyw
nun ate properties to the National
lio%,ter of His,o t Places. The Conn
rats sion shaft evaluate nummalion p—
p .. k tved for ruptelecte— i
time}y manner Should the oumnwt+ran
prop'.) not I. techn'cnfly conopivty.
the Commtsmun .hall autify the pro-
p„sal's sponsor. tdenttf)ing the tech
ntcal deficiencies, in writing. with,. 30
days of rcc,.•+pt of the ruminution pro
post-), if then nation proposal +s
technically complete. the Cumm+.wsiun
shall place the ilea, onus agenda for the
next meeting a should nottheatian
provis,uns ..Hind I. C.4.c., below,
make that impossible. for the earliest
p+sstbie regular meeting.
c. Thet'ommissionahnilnotify the foilow-
a,$ of its intent.. [.consider a-mina-
tmnprnpusaL lnalle..e..suchnottfica-
tuuishall occur at least 30 day. but not
more than 75 days pit., to the Commts-
4D
all
sign meeting at which the nomination
proposal will be considered.
(1) Ownerfa) of record of the property.
The list of owners shall be obtained
from official tax records. Where
there is more than one owner on the
list, each separate owner shall be
notified.
(2) Appropriate local officialls). In the
use of a Commission whose area of
jurisdiction is a county, these will
be the Chairman of the Board of
County Commissioners and such
other contact persons as may be
designated, and the appropriate
local official of a municipality if the
Property to be considered is located
within municipal boundaries. In
the case of a Commission whose
area of jurisdiction is a municipali-
ty, this will include the appropriate
municipal officialls) end the Chair-
man of the Board of County Com-
missioners. Within 30 days of
receipt of the nomination proposal,
the appropriate local official(s)
shall submit in writing to the Com-
mission a recommendation as to
whether or not the property shall
be nominated to the National
Register.
431 State Historic Preservation
Officer.
d. Nomination proposals shall be con-
sidered by the Commission at a public
meeting, and all votes on nomination
proposals shall be recorded and made a
part of the permanent record of the
Commission meeting. All nomination
proposals shall be forwarded, with a
record of official action taken by the
Commission and the recommendation
of the appropriate local officiallal, to the
State Historic Preservation Officer
within 30 days of the Commission
meeting at which they were considered.
If either the Commission or appropriate
local officialls) or both support the
nomination, the State Historic Preser-
vation Officer shall schedule the
nomination for consideration by the
Florida Review Board for the National
Register as part of the normal course of
business at the nest regular meeting.
e. If both the Certified Local Government
Commission and appropriate local of-
ficial(s) recommend that a property not
be nominated to the National Register,
7
the State Historic Preservation Officer
shall take no further action on the
nomination unless an appeal is filed
with the State Historic Preservation
Officer. Any reports and recommenda-
tions that result from such a situation
shall be included with any nomination
submitted by the State Historic Preser-
vation Officer to the Secretary of the
Interior.
I. Any person or organization which sup-
ports or opposes the nomination of a
property to the National Register shall
be afforded the opportunity to make its
views known in writing. All such corre-
spondence regarding a nomination pro-
posal shall become part of the perma-
nent record concerning that proposal
and shall be forwarded with approved
proposals to the State Historic Preser-
vation Officer. In the case of disap-
proved nomination proposals, letters of
support or comment shall be made a
part of the permanent record concern-
ing that proposal, and a list of such
letters shall accompany the official
copy of the disapproved nomination
proposal when it is forwarded to the
State Historic Preservation Officer, per
CA.d., above.
g. Nomination proposals to be considered
by the Commission shall be on file at
Commission headquarters for at least
30 days but not more then T S days prior
to the Commission meeting at which
they will be considered- A copy shall be
made available by mail when requested
by the public and shall he made avail-
able at a location of reasonable local
public access, such as a local library,
courthouse, or other public place so that
written comments regarding a nomina-
tion proposal can be prepared.
h. Appeals. Any person may appeal the
decisions of a local Commission- Ap-
peals should be directed to the State
Historic Preservation Olficerin writing
within 30 days of the decision by the
Commission. Nominations or proposals
which have been appealed shall be con-
sidered by the Florida Review Board for
the National Register as part of the nor-
mal course of business at its next
regular meeting. If the opinion is that
the property or properties is or are
significant and merit nomination to the
National Register, the State Historic
Preservation Office shall notify the
Commission, within 30 days of the
National Register Review Board
meeting, of its intent to forward the
nomination to the National Register
with a recommendation that the proper-
ty or properties be listed. The State
Historic Preservation Officer reserves
the right, as in the case of any nomina-
tion from a source other than a Certified
Local Government, to edit or revise the
nomination proposal or request that the
sponsor make necessary revisions prior
9 10
to forwarding the proposal to the
National Register. Other appeal pro-
cedures promulgated by the National
Park Service, Department of the
Interior, pertaining to local or state ac-
tions shall be followed by Certified
Local Governments and by the Slate
Historic Preservation Officer. Deci-
sions of the State Historic Preservation
Officer may be appealed to the National
Park Service in accordance with the
procedures in 36 CFR 60. M
a
r
APPENDIX A
Professional Qualifications Standards
a In the following definitions, a year of full-time pro -
fissional experience rued not consist of a continuous
year of full-time work but may be made up of discon-
tinuous periods of full-time or part-time work adding
up to the equivalent of a year of full-time experience.
Those Commission members in historic preservation -
related disciplines should have educational back-
grounds and experience comparable to the qualifica-
tions required for the disciplines below.
A. History. The minimum professional
qualifications in history are a graduate
degree in history or closely related field; or a
bachelor's degree in history or closely
related field plus one of the following:
1. at least two years of full-time ex-
perience in research, writing, teaching,
interpretation or other demonstrable
professional activity with on academic
institution, historical organization or
agency, museum or other professional
institution; or
2. substantial contribution through
research and publication to the body of
scholarly knowledge in the field of
history.
B. Archaeology. The minimum professional
qualifications in archaeology are a graduate
degree in archaeology, anthropology, or
closely related field plus:
1. at least one year full-time professional
experience or equivalent specialized
training in archaeological research, ad-
ministration or management;
2. at least four months of supervised field
and analytic experience in general
North American archaeology; and
3. demonstrated ability to carry research
to completion. In addition to these
minimum qualifications, a professional
in prehistoric archaeology shall have at
least one year of full-time professional
experience at a supervisory level in the
study of archaeological resources of the
prehistoric period. A professional in
historic archaeology shall have at least
one year of full-time professional ex-
perience at a supervisory level in the
{mot
a
to
II
I
... ., t.. ... wflte�.vve ..,w >. +.. <,5.. o.: uC..'���n Y..n.n;O.. •.a.ra
study of archaeological resources of the
historic period.
C. Architectural history. The minimum profes-
sional qualifications in architectural history
are ■ graduate degree in architectural
history, art history, historic preservation, or
closely related field, with coursework in
American architectural history: or a
bachelor's degree in architectural history,
art history, historic preservation, or closely
related field plus one of the following:
I. at least two years of full-time ex-
perience in research, writing or
teaching in American architectural
history or restoration architecture with
an academic institution, historical
organization, or agency, museum, or
other professional institution; or
2. substantial contribution through
research and publication to the body of
scholarly knowledge in the field of
American architectural history.
D. Architecture. The minimum professional
qualifications in architecture are a profes-
sional degree in architecture plus at least
two years of full-time professional ex-
perience in architecture; or a State license to
practice architecture.
E. Historic Architecture. The minimum pro-
fessional qualifications in historic architec-
ture area professional degree in architecture
or State license to practice architecture,
plus one of the following:
1. at least one year of graduate study in
architectural preservation. American
architectural history, preservation
planning, or closely related field; or
2. at least one year of full-time profes-
sional experience on historic preserva-
tion projects. Such graduate study or
experience shall include detailed inves-
tigations of historic structures,
preparation of historic structures
research reports, and preparation of
plans and specifications for preserva-
tion projects.
T
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