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HomeMy WebLinkAboutLegislation (Version 1) & AgreementCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-00522hp Final Action Date: 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 AS A RECIPIENT AND 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} APPROVED AS TO FORM AND CORRECTNESS" JULIE O. BRU CITY ATTORNEY City of Miami Page 1 of 2 File Id: 12-00522hn (Version: 1) Printed On: 5/10/2012 File Number: 12-00522hp Footnotes: {1} The herein authorization is further subject to compliance 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} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File Id: 12-00522hv (Version: 1) Printed On: 5/10/2012 RECORD & RETURN TO: City of Miami Planning Department Historic Preservation Division 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 PROGRAMMATIC AGREEMENT FOR FEDERAL FUNDED PROGRAM UNDERTAKINGS This Agreement is made between the CITY OF MIAMI, Florida (hereafter "City"), and the State of Florida, Department of State, STATE HISTORIC PRESERVATION OFFICE, (hereafter "SHPO"), for the purpose of establishing programmatic approaches for complying with Section 106 of the 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 City or other participant in the development process, including public or private, nonprofit or for -profit entities, or any of their contractors, may undertake activities that include but are not limited to, acquisition, land -banking, leasing, repair, rehabilitation, renovation, improvement, demolition, conversion, and new construction of residential and non-residential properties, structures or facilities, each of which is an undertaking ("Undertaking") as defined pursuant to 36 C.F.R Part 800.16; and WHEREAS, The City serves as the responsible entity for the HUD -funded programs under federal and state 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 on April 30, 1996, and as may be amended from time to time; and WHEREAS, the Federal, State and City governments have determined that Undertakings may have an effect on properties included in or eligible for inclusion in the National Register of Historic Places and has consulted with the SHPO and the Advisory Council on Historic Preservation (hereinafter "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 districts, as well as individual historic resources; and WHEREAS, the City is a Certified Local Government (CLG) under Section 101 (a)(c) of the National Historic Preservation Act as amended with qualified personnel in its Planning and Zoning Department, Preservation Division; and WHEREAS, the City has a full time Historic Preservation staff of two (2) full time employees and archeological consultant and a Historic Preservation Board (HEPB) with a membership of nine (9) 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 significance, 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 1�a its of o rograo o :.t c Ag ee ment It11AI: lr Mar,a h 2.0 1. Agreement in accordance with 36 CFR 800 will expedite the City's fulfillment of its responsibilities as a recipient and administrator of Federal Funds; NOW, THEREFORE, the City and SHPO agree that the Programs shall be administered in accordance with the following stipulations to satisfy the City's Section 106 responsibilities for all individual undertaking of the Programs. STIPULATIONS The City shall ensure that the following measures are carried out: I. QUALIFIED PERSONNEL A. The City shall ensure that its Historic Preservation Division staff (hereinafter "Certified Staff) 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 least one (1) employee or consultant with professional qualifications in archaeology to review, 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 all Undertakings covered by this Agreement, determine compliance with The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (hereinafter Standards), consult with the SHPO as needed, and monitor project work. If the City does not have Certified Staff or staff is reduced, the City shall consult with the SHPO in all cases, unless an activity is specifically determined to be exempt, as set forth in Stipulation III Sections A, B, and C only. C. The City shall submit an annual report notifying the SHPO of the Staff that the City intends to designate full time to administer and implement this Agreement. The SHPO 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 be re -certified annually. D. If the City experiences a staff vacancy, a consultant approved by the SHPO may be utilized to continue to comply with this Agreement. E. The City shall notify the SHPO 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 consultant, 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 Agreement, except as provided by paragraph (D) of this section. II. PROPERTY IDENTIFICATION All properties listed in the National Register of Historic Places, 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 shall be treated as resources 2I(1, ty of o rograori :.t c Ag ee ment It11AI: lr Mara h 2.0 1. covered in the stipulations of this Agreement. In the event that the City is unable to come to a determination on whether 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 SHPO for evaluation in accordance with 36 CFR 800. A. LONG RANGE IDENTIFICATION AND SURVEYS 1. The City, through its Certified Staff, shall review the data supplied by the City's Florida Master Site File Forms for all districts, sites, buildings, structures and objects (hereafter "properties") that meet the criteria for listing in the National Register of Historic Places (at 36 CFR 60.4). The City shall review the sites whenever they are located within the boundaries of targeted priority, neighborhoods as well as other project areas 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 36 CFR 80, Appendix 1) and will make use of any previous historic resource survey material available. The new result of new surveys, including the opinion of the City and the Certified Staff, as supported by surveyed data, will be placed on the Florida Master Site File Forms. 3. Regarding National Register eligibility of potential historic districts within the targeted priority neighborhoods or other project areas surveyed, the City shall forward all studies and documentation to the SHPO for review and final approval. 4. In the event that the City and the SHPO cannot agree upon the eligibility of a property, or if the Secretary of the Interior so requests, the City shall request a formal determination of eligibility from the keeper of the National Register in accordance with 36 CFR 800.4(c)(4). B. UNDERTAKING IDENTIFICATION AND DOCUMENTATION 1. Properties that may be affected by the City's programs will be reviewed by the City's Certified Staff; in consultation with the National Register Criteria. The City shall forward the results of the review to the SHPO for evaluation. If the SHPO's opinion is not rendered within 30 business days of SHPO receipt of the submission of adequate documentation, it will be assumed that the SHPO 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 eligible 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 of the Interior so requests, the City shall request a formal determination of eligibility from the Keeper of the National Register in accordance with 36 CFR 800.4(c)(4) 4. The City shall keep a 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 a copy of this record to the SHPO for review upon request. C. DOCUMENTATION STANDARDS 1.The City shall ensure that any determination by Certified Staff as to whether a property is historic, for purposes of this agreement, is supported by sufficient documentation to 3I(1, ty of o rograori :.t c Ag ee ment It11AI: lr Mara h 2.0 1. enable any reviewing parties to understand its basis, including, but not limited to, a survey, site plan, photos, elevations, evidence of construction date, context. 2.The City may use documentation prepared to comply with other laws, such as the National Environmental Policy Act (NEPA), if such documentation meets the purposes and requirements of this agreement pursuant to 36 CFR 800.8(c) and state and local law. 3.The City shall withhold from public disclosure information about the location, character, or ownership of an historic property or archaeological site when disclosure may cause a significant invasion of privacy; risk harm to the resource; or impede the use of a traditional religious site by practitioners. 4.The City shall send a copy of any modification to any site on the Florida Master Site File to the Florida Division of Historical Resources. III. EXEMPT ACTIVITIES THAT HAVE LIMITED POTENTIAL TO AFFECT HISTORIC PRESERVATION Because the potential effects of certain Undertakings upon historic properties are foreseeable, likely minimal, or not adverse, the following Undertakings proposed by the City are considered routine 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, plumbing, heating and ventilation systems or their components, when no structural alteration is involved. This will include repair or replacement of electrical panels, breakers, circuits, switches, receptacles and fixtures, water heaters, heating vents, floor furnaces, wall heaters, central heat systems, gas lines; 2. Emergency repair of roof leaks; and 3. Miscellaneous repairs to include only: temporary repairs to floor framing or flooring; temporary repair of falling ceiling coverings; temporary bracing or shoring of structural members to prevent collapse; in -kind repairs of windows, exterior doors and porch floors, columns and steps. B. EXTERIOR REHABILITATION ACTIVITIES 1. Retention and/or replacement in -kind of wood siding and cornice in -kind; 2.Scraping, caulking, weather-stripping, re -glazing, and repairing exterior surfaces; 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 metal roofs; repair or replacement in -kind of clay tile roofs; replacement of structural roof components or decking; 5.Repair or replacement in -kind of historic attic vents in original openings or installation of new vents painted to match gable; 4Ia ty of o rograori :.t c A i"eeirent It11AI G Mara h 2.0 1. 6. Replacement of window sash, glass and hardware in -kind; repair or in -kind replacement of damaged or non -operable transoms; 7. Replacement of exterior doors in -kind when necessary; 8. Installation of plain storm doors, anodized or painted to match existing trim; 9. Removing rear additions that are less than fifty (50) years of age; 10. Repair or replacement in -kind of wood columns and porch elements such as ceilings, lattice walls, floors, 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 or replacement in -kind of floor joists and supports; 12. Rebuilding of existing wheelchair ramps; 13. Installation of exterior decorative or security lights, provided no permanent alteration of original elements or features contributing to the structure's historical significance occurs; 14. Repair or in -kind replacement (installation of a new element that duplicates the material, dimensions, configuration and detailing of original element) of exterior 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; 16. Repair of masonry foundations, walls or chimneys by tuck pointing using matching mortar completion, 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 systems, heating systems, plumbing, air conditioning, fire protection, ventilation or similar systems; provided no permanent alteration of original elements or features contributing to the structure's historical significance occurs; 2. Interior window or door security bars or gates, provided no permanent alteration of original elements or features contributing to the structure's historical significance occurs; 3.Weatherization activities, including weather-stripping, 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 5 I c i t y o f i :. i r i 1 u g :. i r i :. t a A g e e ment It 11 A I G Mar a h 2.0 1. floors in main living areas, hallways and bedrooms; 7. Repair of plaster walls and ceilings by patching plaster where possible, or replacing with new drywall surfaces and painting where repair is not feasible; 8.Re-using or replacing in -kind molding or mantels in their original location, where new wall and ceiling surfaces are installed, where replacement is needed or where new openings occur; 9.Installation of wood, fiberglass or plastic composite material paneled doors in principal rooms where original doors are damaged or missing; 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 of new 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, as long as, the undertaking does not impact the tree canopy or archaeological zone: 1. Installation, repair or replacement in -kind of sewer and water, gas, electric, phone, cable lines and associated road and yard, 2. Repair or replacement in -kind of concrete walks, driveways, curbs, and sea walls; 3. Replacement or installation of park and playground equipment, landscaping, and facilities, excluding buildings; 4.Replacement or installation of traffic signals, street name and regulatory signage, street lights, and street trees; 5. Installation of temporary construction -related barriers, such as screening or temporary fences; 6. 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. IV. TREATMENT OF HISTORIC PROPERTIES The City programs administered under this agreement shall be reviewed by Certified Staff to determine whether a proposed undertaking has 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 6I(1, ty of o rograori :.t c Ag ee ment It11AI: lr Mara h 2.0 1. shall be treated in the following manner. A. REHABILITATION 1. Rehabilitation of historic properties shall be done in accordance with the recommended federal, state, and local rehabilitation standards, and per local historic district guidelines; 2. Pre -project documentation (e.g. work write-ups, bid documents, photographs, architectural plans) will be prepared by the appropriate Consultant or Applicant with responsibility for the project, in consultation with Certified Staff or with the other qualified Consultants approved by Certified Staff as appropriate; 3. Certified Staff shall review the rehabilitation plans and issue a Certificate of Appropriateness verifying that the project will have no effect or will have no adverse effect by virtue of its meeting the Standards. No work may begin on the project until such a Certificate of Appropriateness has been issued by the Certified Staff. All work shall conform to the proposal as approved, and to the conditions stated in the Certificate of Appropriateness; Rehabilitation accomplished in this manner shall have no adverse affect on historic properties and no further compliance with the ACHP's procedures will be necessary. 4. The documentation of each project shall be retained by Certified Staff as part of the permanent project files and shall be reviewed by the SHPO upon request or as part of the annual report. 5. If the Standards cannot be met, or the proposed treatment of the property is not rehabilitation, or if the contemplated action could have an adverse effect on properties eligible for the National Register, then prior to taking any action the City shall consult with the SHPO and initiate the procedures set forth at 36 CFR 800.6. B. NEW CONSTRUCTION AND ADDITIONS 1 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, scale, massing, setback, color, materials 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 SHPO for review. The final design shall be consistent with the preliminary plans approved and modified to address any recommendations by the SHPO. The SHPO shall provide written recommendations within thirty (30) days. If no comments are received, it will be assumed that the plans are acceptable to the SHPO. If the plans cannot be modified and are not approved by the SHPO, the City shall request the ACHP's comments in accordance with 36 CFR 800.6. 2.The design of infill construction on parcels where historic resources have been demolished by the City under the terms of this Programmatic Agreement, or on vacant parcels within historic districts, shall adhere to the Standards and must be developed in consultation with the SHPO. The budget, goals, and needs of the redevelopment area shall be taken into consideration by the SHPO as part of the review. Once the SHPO has approved a prototype(s) for an area, Certified Staff may approve subsequent new construction projects in the same area using the same plan, without further SHPO review. 3.Additions to historic buildings or contributing buildings within historic districts shall adhere 7I(1, ty of o rograori :.t c Ag ee ment I I" A lr Mara ti 1. to the Standards and shall be consistent with guidelines of the National Park Service's Preservation Brief #14, "New 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. C. HANDICAPPED ACCESSIBILITY Handicapped accessibility projects undertaken by the City to comply 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 Accessible", and the Department of the Interior Report, "Access to Historic Buildings for the Disabled: Suggestions for Planning and Implementation;" 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. 3. Final 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 could have an adverse effect on historic properties, then prior to taking any action the City shall consult with the SHPO and initiate the procedures set forth at 36 CFR 800.6. D. RELOCATION OF HISTORIC PROPERTIES 1. A contributing building within a historic district or an individually eligible or listed building may be moved to a 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 SHPO 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's comments in accordance with 36 CFR 800.6 2. The City shall ensure that properties are moved by qualified movers in accordance with approaches recommended in the "Moving Historic Buildings" report (John Obed Curtis, 1979). Within ninety (90) days after the move, the City, in consultation with the SHPO, shall re-evaluate the eligibility of the property for the National Register of Historic Places. E. SITE IMPROVEMENTS AND PUBLIC IMPROVEMENTS 1.Site improvements and public improvement projects within historic districts including sidewalk improvements, repaving of streets, installation 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 8Ia: ty of o rograori :.t c A i"eeirent It11AI: lr Mara h 2.0 1. properties, then prior to taking any action the City shall consult with the SHPO and 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. A. DEMOLITION OF NON -HISTORIC OR NON-CONTRIBUTING BUILDING The City may proceed with the demolition of non -historic properties or non-contributing buildings located within Historic Districts without further review of the SHPO. The City must retain documentation of all such demolitions in its project files. B. EMERGENCY AND TEMPORARY MEASURES 1. For the purpose of remedying emergency conditions determined to be dangerous to life, health or property, nothing contained herein shall prevent the making of any temporary construction, reconstruction or other repairs to a designated (or eligible for designation) property, structure, improvement or site within the City, pursuant to an order of a government agency or a court of competent jurisdiction. 2.The owner of a designated or eligible for designation property, structure, improvement or site damaged by fire or natural calamity shall be permitted to stabilize the property immediately without Board approval, and to rehabilitate it later under the normal review procedures. C. EMERGENCY DEMOLITION 1 In the event that the City determines that emergency demolition of a historic property or contributing property within a historic district is required to comply with local regulations and to avoid an imminent threat to the health and safety of residents, the City shall immediately forward documentation to the SHPO via email, express mail or facsimile with a request 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 report, or other documentation regarding the property's eligibility for the National Register of Historic Places. The SHPO shall notify the City in writing of its findings and any required mitigation measures (e.g. recordation, additional photographic documentation, architectural salvage, etc.). D. DEMOLITION OF UNSAFE AND ABANDONED HISTORIC PROPERTIES 1.Government agencies having the authority to demolish unsafe structures shall request a Certificate of Appropriateness for Demolition from the Historic and Environmental Preservation Board (hereinafter "HEPB") prior to placing any historic resource or affected undertaking on an official agenda of the Unsafe Structures Board. 2.The 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 property, and any property within a historic district. 9Ia: ty of o rograori :.t c A i"eeirent ItI" A lr Mara ti 1. 3.The HEPB may make recommendations and suggestions to the applicant government agency and the owner(s) relative to the feasibility of and the public interest in preserving the property. 4.At the 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 a grace period of no less than one hundred eighty (180) days to complete the necessary repairs and satisfy such agency safety standards. 6.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.The 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, but shall not be limited to, consultation with civic groups, public agencies and interested citizens, recommendations for acquisition of the structure by public or private bodies or agencies, and exploration of the possibility of moving the structure(s) to another location. 8. Nothing in this section shall prohibit a government agency from entering an order requiring a 50 year old or older property to be secured. 9.No permit for voluntary demolition of a designated or eligible for designation property, structure, improvement, or site shall be issued to the owner(s) thereof until an application for a Certificate of Appropriateness for Demolition has been submitted and approved by the HEPB. 10. The refusal by the HEPB to grant a Certificate of Appropriateness for Demolition shall be evidenced by a written document detailing the public interest in 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 a 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 SHPO including the location of the property, a description of the significance of the property, measures taken by the City to preserve the property (e.g. marketing, notices to property owners, security, demolition by neglect, code enforcement, etc.), the current condition of the property supported by recent photographs, and the period of vacancy. 12. The SHPO shall advise the City within fifteen (15) days whether the City can proceed with demolition and what, if any, mitigating measures are required. If the SHPO objects to the proposed demolition, the City shall request the ACHP's comments in accordance with 36 CFR 800.5(e). E. DEMOLITION OF HISTORIC 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 10Ic ty of Miao i rograi i :.t a:; Agree rrn o t f:t11AI:. M a ri 0 1. following documentation to the SHPO: 1. Location and description of the building. 2.Reasons for demolition, including documentation 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 significant exterior features or interior elements. 3.Measures taken to solicit public comment, including posting property and Historic Preservation Board meeting. 4. Description of architectural elements. 5.A statement by the Certified Preservation Staff as to whether this pending demolition represents owner or occupant neglect (demolition by neglect). 6. A new Florida Master Site File (FMSF) or update to an existing FMSF. 7. Future plans for the property if they have been completed. The SHPO shall advise the City within thirty (30) working days whether the City can proceed with demolition and what, if any, mitigation measures are required. If the SHPO objects to the proposed demolition, the City shall notify the ACHP in accordance with CFR 800.6. VI. ARCHAEOLOGY A. In the event that the City plans any ground disturbance as part of rehabilitation, new construction, site improvement, or other project, the City shall consult with the SHPO to determine whether the project site contains archaeological resources. If the SHPO determines it necessary and appropriate, the City shall ensure that qualified Staff or an Archaeological Consultant is hired to assist in the identification and evaluation of archaeological resources. If archaeological resources are identified which meet the National Register Criteria, they shall be avoided or preserved in place, if feasible. B. If the City determines that it is not feasible to preserve or avoid archaeological resources, the City shall consult with the SHPO to develop a treatment plan consistent with the ACHP's handbook "Treatment of Archaeological Properties", and subsequent amendments and State guidelines. The treatment plan must be approved by the SHPO and the City shall ensure that it is implemented by qualified Staff or an Archaeological Consultant. If the SHPO objects to the treatment plan, then the City shall request the ACHP's comments in accordance with 36 CFR 800.6. VII. PUBLIC INVOLVEMENT A. Each year the City shall notify the public of the 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, information on the types of activities undertaken with HUD funds, information on identified historic properties which might be affected by these activities, the amount of CDBG, HOPWA, HOPE 3 and other new funds HUD may make available in the current program year, and how interested persons can receive further information on the Programs and participate in the Section 106 11 a ty of 11s o i 113 rogranoo :.t a:; Agreeme t DkAI:,. M a or 0 0 1. process as defined at 36 CFR 800. The dissemination of this information shall be coordinated with existing public hearing schedules. The City shall also hold periodic information meetings for 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. VIII. PROJECT COORDINATION A. The Certified Staff shall ensure that all appropriate City departments are aware of this Programmatic Agreement and any associated written guidelines that are available. The Certified Staff shall ensure that all sub -recipients of HUD funds (e.g. Community Housing Development Organizations or CHDOs, Community Redevelopment Agencies, community service organizations, etc.) are aware of this Agreement and associated guidelines. 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 write-ups, plans, maps, etc. as appropriate. C. The Certified Staff shall review this project documentation and issue a Letter of Approval for each undertaking, if it meets the Standards prior to the approval of the expenditure of any funds. Though no work may begin until such a letter has been issued, non-destructive project planning activities that do not restrict the subsequent consideration of alternatives to avoid minimize or mitigate for the undertaking may take place. D. If the Certified Staff determines that a project does not meet the Standards or will have an adverse effect on historic properties, the Certified Staff shall consult with the SHPO and, if necessary, with the ACHP pursuant to 36 CFR 800.6. IX. POST -REVIEW DISCOVERIES A. If historic resources are discovered or unanticipated detrimental effects on historic properties arise during the implementation of an undertaking, the City shall consult with Certified Staff and shall 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 SHPO, that a 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: 1.Consult with the SHPO, ACHP, public and other interested parties to resolve adverse effects prior to approving, commencing or completing the undertaking. 2.Consult with the SHPO and representatives to resolve adverse effects to properties with religious and cultural significance to Native Americans. 3.Take immediate action to resolve adverse effects with the property owner if the undertaking has been approved and construction has commenced. 12Icity of Mi:+i i rograirii :.tia:; Agree ral i t f:t11AI:. M a ri 0 1. 4.Notify the SHPO, ACHP, and other interested parties within forty-eight (48) hours of the discovery. X. MONITORING A. The City shall retain project records for a minimum of two (2) years following the completion of a project. The project files shall include but are not limited to staff reviews, comments of the SHPO, work write-ups and before and after photographs. B. The City shall submit to the SHPO an annual report each September summarizing the activities carried out under the terms of this Programmatic Agreement. The report shall include the following information: 1. A list 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. Photographic documentation and sample projects demonstrating that the Standards have been adhered to. Upon written request by the SHPO, the City shall make arrangements for the SHPO to review records and conduct on -site inspections of projects. This does not preclude the SHPO's ability to conduct periodic site visits to the City. XI. TRAINING A. The SHPO shall provide periodic training in the application of the Standards and in the administration of this Programmatic Agreement for City personnel (e.g. Certified Staff, preservation staff, managers, rehabilitation inspectors) as requested by the City, on a schedule to be arranged among the parties. B. The City may develop guidance documents in consultation with the SHPO to assist City staff in complying with the terms of this Programmatic Agreement. XII. DISPUTE RESOLUTION A. DISPUTE RESOLUTION AMONG THE CONSULTING PARTIES. Should the SHPO object within thirty (30) days to any plans, specifications or other project information provided for review pursuant to this Programmatic Agreement, the City shall consult with the SHPO 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 either: 1. Provide the City with recommendations that the City shall take into account in reaching a final decision regarding the dispute; or 2. Notify the City that it must comment pursuant to 36 CFR 800.6(b)(2) and proceed to comment. Any ACHP comment provided in response to such a request shall be taken 13Icity of Mi:+i i rograirii :.tia:; Agree ral i t f:t11AI:. M a ri 0 1. into account by the City in accordance with 36 CFR 800.6(b)(2) with reference to the subject of the dispute. 3.Any recommendation or comment provided by the ACHP shall be understood to pertain only to the subject of the dispute; the City's responsibility to carry out all actions under this Programmatic Agreement that are not the subjects of the dispute shall remain unchanged. B. REVIEW OF PUBLIC OBJECTIONS Should an objection to any such measure or its manner of implementation be raised by a member of the public at any time during implementation of the measures stipulated in this Programmatic Agreement, the City shall take the objection into account and consult as needed with the objecting party, the SHPO, or the ACHP to resolve the objection. XIII. AMENDMENT OR MODIFICATION A. Any party to this Programmatic Agreement may request that it be amended or modified at any time, whereupon the parties shall consult in accordance with 36 CFR 800.13 to consider such amendment or modification. B. Unless amended or modified by the parties, if any section, subsection, sentence, clause, or provision of this Programmatic Agreement is held or becomes invalid as a matter of law, 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 36 CFR 800.4 through 36 CFR 800.6 with regard to individual Undertakings covered by this Programmatic Agreement. XV. 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 800.4 through 36 CFR 800.6 with regard to individual Undertakings covered by this Programmatic Agreement. XVI. NOTICE Whenever this Agreement requires that notice be given or served by either party to the other, such notice shall be given or served in writing to the other party at the following address and deposited in the US mail postage prepaid. The SHPO or the City may change its mailing address at any time by serving the other written notice thereof. Notice to the City shall be mailed and addressed to: City of Miami Planning Department Historic Preservation Division 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 14Icity of Mi:+i i rograirii :.tia:; Agree ral i t f:t11AI:. M a ri 0 1. Notice to the SHPO shall be mailed to: Florida Department of State Division of Historical Resources 500 South Bronough Street Tallahassee, FL 32399-0250 XVII. RENEWAL This Programmatic Agreement shall continue in force until March 5, 2017. At any time in the six (6) 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 all parties to the Programmatic Agreement have agreed to it in writing. The execution and implementation of this Programmatic Agreement is evidence 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 106 responsibilities for all individual undertaking of the Programs. 15Icity of Mi:+i i rograirii :.tia:; Agree ral i t f:t11AI:. M a ri 0 1. 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. (CORPORATE SEAL) CITY OF MIAMI FLORIDA ATTEST: City Clerk Alexander Adams City Historic Preservation Officer By: Tomas P. Regalado Mayor Date: City Attorney's Office Approved as to form and legal sufficiency By: Date: FLORIDA STATE HISTORIC PRESERVATION OFFICE By: Robert F. Bendus State Historic Preservation Officer Date: 16Icity of Mi:+i i rograirii :.tia:; Agree ral i t f:t11AI:. M a ri 0 1.