HomeMy WebLinkAboutExhibit CI
City of Miami
Legislation
Resolution: R-12-0217
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Number: 12-00522hp
Fina
lction Date: 5/24/2012
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A
PROGRAMMATIC AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH THE FLORIDA STATE HISTORIC PRESERVATION OFFICE, THE ADVISORY
COUNCIL ON HISTORIC PRESERVATION AND ANY OTHER AGENCY, AS
REQUIRED, TO EXPEDITE THE CITY OF MIAMI'S FULFILLMENT OF ITS
HISTORIC PRESERVATION RESPONSIBILITIES 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}
Footnotes:
City 01 iNiarrd Page 1 of 2
File Id: 12-00522hp (Version: 1) Printed On: 8/27/2019
File Number /2-0052217p
mucom"xmhecR-/2-o21/
{1> The herein authorization iafurther subject Vzcompliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions,
{2}|fthe Mayor does not sign this Resolution, itshall become effective atthe end often calendar days
from the date itwas passed and adopted. |fthe Mayor vetoes this Resolution, itshall become
effective immediately upon override ofthe veto bythe City Commission.
File fih/2-voszzov(enmv VPrinted On: xozoo/"
RECORD & RETURN TO:
City ofMiami
Planning Department
Historic Preservation Division
444GVV2n'Avenue, .Floor
Miami, FL3313O
PROGRAMMATIC AGREEMENT
FOR
FEDERAL FUNDED PROGRAM UNDERTAKINGS
This Agreementia made between the CITY [)FyN|AMi Florida (hereafter "City"), and the State ofFlorida,
OepartmenLofStste.STATEH|3TOR|CPRESERVAT|{)N[)FF|CE.(hereafter^SHPU^).forthepurpone
ofeskab|ishingprogrommadcapproaohesforonnup|yingwithSection105oftheNationa|Historic
Preservation Act (16 USC47Of). as amended, and as allowed under regulations oi3OCFR 800,13.with
respect toindividual Undertakings implemented within the City,
WHEREAS, the City orother participant in the development process, including public orprivate,
nonprofit OF for -profit entities. or any of their contractors, may undertake activities that include but are no'
limited to, acquisition. land -banking, |aasing, repair, rehabi|itation, renovct|on, improvement, demo|idon,
conversion, and new construction of residential and non-residential properbem, structures or facilities,
each of which is an under -taking ("Undertaking") as defined pursuant to 36 C.F.R Part 800.16; and
WHEREAS, The City mcnxes as the responsible entity for the HUD -funded programs under
federal and state ehstutes 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 CFP Part 58' published in the Federal Register onApril 30. 1996. and as may be
amended from time hodme', and
WHEREAS, the Fedeoa[ 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 SHPDand the Advisory Counnd on Historic Preservation (hereinaMor^ACHP'')
pursuant tn3G C.F.R. Part8U014, and
WHEREAS, the City has conducted City-wide historic structures and building surveys: and has
defined the boundaries ofthe City'shistoric districts, as. well asindividual historic resources: and
WHEREAS, the City is a Certified Local Government (CLG) under Section 10 1 (a)(u) of the
National Historic Preservation Ad as emended with qualified personnel in its Planning and Zoning
Departmen1, Preservation Uivision�and
WHEREAS, the City has o 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 (8)
permanent members and one (1) alternate member, The City through its historic preservation staff
(hereafter "Staff"), and the members of the Historic Preservation Board, (hereafter "Board"), provides
professional services to conduct city-wide monitoring of historic buildings and resources, reviews projects
with historical and archeological signifioanne, and determines historic value for all activities within the
jurisdiction of the City, and
WHEREAS, The City, SHPO and ACHP have cleterr-nined that the execution of a Programmatic
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Agreement in accordance with 36 CFR 800 will expedite the Cit/u fulfillment of its responsibilities as
recipient and administrator ofFederal Funds;
NOW, THEREFORE, the City and SHPO agree that the Programs shall beadministered in
accordance with the following stipulations to satisfy the Cby's Section 106 responsibilities for all individual
undertaking ofthe Programs.
STIPULATIONS
The City shail ensure that the following measures are carried out�
i QUALIFIED PERSONNEL
AL The City shall ensure that its Historic Preservation Division staff (hereinafter ^Ceitified Staff")
includes at least two (2) full time employees with professional qualifications in architectural
hixtory, history and/or historic arohitecture, as specified in the Secretary nf the Interior's
Professiona/ Qualifications Standardo, 36 CFR PartG1 and at least one (1) employee or
consultant with professional qualifications in archaeology tonsmew. 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 ou1 pu/au@nt to this
Agreement is carried out by or under the direct supervision of Certified S1aff, with the
responsibility to review al! Undertakings covered by this Agreement, determine compliance
with The Secretary of the Interior's Standards for Rehabilitation and Guidelines for
RahabUitatinq Historic BoiNinqe (hereinafter Shandardo), consult with the SHPO as neoded,
and monitor project work, If the City does not have Certified Staff orstaff is reduced, the City
shall consult with the SHPO in all cases, unless an activity is specifically determined tn be
exempt, as se, forth in Stipulation III Sections A, B, and C only.
C. The City shall submit anannual report notifying theSHp[)uftheStaffthst the City intends hz
designate full time ho 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 arid applying the Secretary of Interior's
Standards and Guidelines for Rehabilitation of Historic Buildings (hereafter "Standards"). City
Staff shall bere-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 nayand to individual Undertakings
covered by this Programmatic Agreement, ax'cept as provided by paragraph (D) of this
section.
U. PROPERTY IDENTIFICATION
All properties listed in the National Register ofHistoric P|aces, contributing properties in listed o/
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
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covered in the stipulations of this Agreement. In the event that tl�e City is unable to coma to a
determination onwhether a property is a contributing element in a historic district and/or eligible
for the National Register, the City will forward all documentation to the SHPO for evaluation in
accordance with 36CFR 8OO.
A. LONG RANGE IDENTIFICATION AND SURVEYS
1 The City, through its Certified Staff, shall review the data supplied bythe Ch»'s Florida
Master Site File Forms for all diothcto, sites, buUdings, structures and objects (hereafter
"properties") that meet the criteria for listing in the National Register of Historic Places (at
36 CFR 604). The City shall review the sites whenever they are located within the
boundaries of targeted phurity, neighborhoods as well as other project areas and sites
slated for Program activities,
2. New surveya 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, Geneoa|~(at 3G CFR 80. Appendix 1)and will make use of
any previous historic resource survey material available. The new result of new sumeys,
including the opinion of the City and the Certified Staff, as supported by surveyed data,
will beplaced onthe Florida Master Site File Forms.
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 tothe SHPO for review and fina|approval.
In the event that the City and the SHPO cannot agree upon the eligibility ri,a propeFty, 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 Cit/s programs will be reviewed by the Cby'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
dooumentatinn, it will be assumed that the SHPO is in agreement with the Cih/s
determination of eligibility.
2, Properties that are determined to meet the National Register Criteriawillbe considered
and treated as eligible for inclusion in the National Register of Historic Places.
' If the City and SHPO cannot agree as to whether F 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 eligibiiity from the Keeper of the National Register in accordance
4. The City shall keep a public record of all detenninations, 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 eotowhether a property is
historio, for purposes of this agnaement, is supported by sufficient documentation to
enable any reviewing parties to understand its basis, inc|uding, but not limited to, a
sun/ry, she p|an, photos, e|evations, evidence of construction date. context,
2,The City may use documentation prepared tucomply 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(o) and state and local law.
3.The City shall withhold from public disclosure information about the looadon, nhansoter, or
ownership of an historic property or archaeological site when disC|osuna may cause a
significant invasion of phvacy� 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 She File to
the Florida Division of Historical Resources,
U[ EXEMPT ACTIVITIES THAT HAVE L|K0ITED POTENTIAL TO AFFECT HISTORIC
PRESERVATION
Because the potential effects ufnertain Undertakings upon historic properties are foreseeable,
likely minima|, or not odvese, the following Undertakings proposed by the City are considered
routme 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, piumbing, heating and ventilation systems or their
components, when no structural alteration is involved. This will include repair or
replacement of electrical pane|s, breakecs, circuits, svvitchea, necepmo|es and fixtures,
waterheotars. heating vents, floor furnaces, wall hea0ers, central neat systems, gas lines,
2, Emergency repair of roof leaks: and
Miscellaneous repairs to include only: temporary repairs to floor framing or Ooohng�
temporary repair of falling ceiling coverings-, temporary bracing or shoring of structural
members to prevent ooUapse� in -kind repairs of windows, exterior doors and porch floors,
columns and steps,
B. EXTER0RREHABILITATION ACTIVITIES
1Retention and/or replacement in -kind ofwood siding and cornice in -kind,
2.Scraping, caulking, m/eather-srhpping.re'g|azmg.and repairing exterior surfaces;
3,&1aaonry repair using materials. mortar oompooitiun, color, joint profi|a, and width which
match the historic mahaha|�
4,Repair or replacement in -kind of asphalt shingle roofs', repair or repmcement in -kind of
metal roofs; repair or replacement in -kind of clay tile roofs, replacement of structural roof
components ordeoking�
5.Repairnr replacement in -kind of historic attic vents in original openings or installation of
new vents painted to match gable;
5,Rep|acement of window sash glass and hardware in -kind, repair, or in -kind replacement of
damaged ornon-operable tranmams',
7.Replacement ofexterior doors in -kind when neceuoary�
8.|nstaUabon of plain storm doo,s, anodized or pointed 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 por-Ji elements such as oeiUngs,
lattice weUa. Muons, rails and spindles; repair or replacement ofexisting porch screening
when necessary-,
11, Repair or replacement in -kind offoundation and foundation vents in -kind; cutting new
foundation vents and installing metal/wood access doors in concealed locations where
possible, and repair orreplacement in -kind offloor joists and supports,
12. Rebuilding cfexisting wheelchair ramps,
13. Installation ofexterior decorative or security |i0hts, provided no permanent alteration of
original elements orfeatures 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 oforiginal element' ofexterior features, such as
doors, windows, porches and architectural details*,
15. Emergency or required securing of property` including Unsafe Structures by boarding
over window and door openings;
16. Repair of masonry foundations. walls orchimneys by tuck poinhng using matching murttor
oomp|edon, color. joint, width and profile, removal of secondary deteriorated chimneys-,
and
17, Minor Code Enforcement violations that meet the criteria above.
C. INTERIOR REHABILITATION ACTIVITI
I.Repair, installation or replacement of electrical systems, heating oystems, p|umbing, air
conditioning. lire prolection, ventilation or similar systems; provided no permanent
alteration of original elements or features contributing to the structure's historical
signifioanoeocours�
2.Interior window or door security bars or gates, provided no permanent alteration 014n6gina8
elements or features contributing to the structure's historical significance occurs,
3.VVeatherizadon aohvities^ including weather-xkipping, roof innu|adon, and insulation of
basements and interior walls;
4.Rap|soement of original lighting fixtures for safety or efficiency;
5, Replacement of severely damaged interior doors with replacement doors similar in design;
8.Repair of wood floors; installation of new floor covering except for vinyl coverings on wood
floors inmain living, areas, hallways and bednzoms-
7.Repair of plaster walls and ceilings by patching plaster where poaaib|e. o/ replacing with
new drywall Su�a�.enand painting where repair isnotfeasib|e�
8. Re -using or replacing in -kind molding or mantels in their original location, where new wall
and ceiling surfaces are inata||ed, where replacement is needed or where new openings
occu�
Q,|nsta|latkon of wmod, fiberglass or plastic composite material paneled doors in principal
rooms where original doors are damaged urmissing;
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 ne� bathroom
fixtures: and
12. Installation ofnew ceiling opening and pu|l-down attic steps', removal and sealing up of
obsolete pull -down attic steps.
D. S7E IMPROVEMENTS AND PUBLIC IMPROVEMENTS
The following items may beallowed after review by Certified Staff, as long as, the undartaking
does not impact the tree canopy orarchaeological zone:
1.|nstaUabon. repair or replacement in4jnd ofsewer and waher, gas, electric. phone. cable
lines and associated road and yard,
1Rapa}rorreplacement in -kind ofconcrete walks, driveways, curbs, and sea, waUs�
3.Replacement or installation ofpark and playground equipment, |endscaping, and faci|ities,
excluding buildings;
4.Rep|acementorinstallation oftraffic si na|o, street name and regulatory siQnage. street
|ighb, and street trees',
5.|nsta|ladon of temporary con otruodon'related barhem, such as screening or temporary
fences:
8.Rapair or replacement in -kind of fences or new fenoea, retaining walls, and landscaping per
individual historic district guidelines as appropriate, and
7.|nnta>tahon or naptaoem*nt in -kind of emergency systems when necessary,
|V. TREATMENT OFHISTORIC 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 disbcts, or newly identified
historic properties or districts determined by Certified Staff to be eligible for the National Register
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shall b*treated inthe following manner.
A. REHABILITATION
1. Rehabilitation ofhistoric properties shall be done inaccordance 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 doouments, photogcsphs,
architectural plans) will be prepared by the appropriate Consultant or Applicant with
responsibility for the pnoject, in consultation with Certified Staff orwith the other qualified
Consultants approved by Certified Staff as appropriate',
Certified Staff shall review the rehabilitation plans and issue o Certificate of
Appropriateness verifying that the project will have no effect or will have no adverse
effect by virtue ofits meeting the Standards, Nowork 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 tothe 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'e procedures will be
necessary.
4, The documentation of each project shall be retained by Certified Staff as part of the
permanent project flies and shall be reviewed by the SHPO upon request oras part of the
annual report.
5, If the Standards cannot be met, or the proposed treatment of the property is not
nahabi|itation, or if the contemplated action could have an adverse effect or, properties
e|igib|efor the National Register, then prior 0ztaking any action the City shall consult with
the SHPO and initiate the procedures set forth at 36 CFR 8M8.
B. NEW CONSTRUCTION AND ADDITIONS
1Nem construction within or immediately adjacent to historic districts or adjacent to
individua||y 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, soa|e, mesaing, aedbaok, uo|or, 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 propnrty, 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 veceivad, 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'acomments inaccordance with 36CFR8OO,G
2,The design ofinfiU 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 distriots, shall adhere to the Standards and must be developed in consultation
with the SHPO, The budget, goa|s, and needs of the nadema|npmen1area sha|l be taken
into consideration by the SHPO as pa�nfthe 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 p|en, without further SHPO review.
3.Additions to historic buildings orcontributing buildings within historic districts shall adhere
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to the Standards and shall be consistent with guidelines of the National Park Service's
Preservation 8hof #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.
0. HANDICAPPED ACCESSIBILITY
Handicapped accessibility Projects undertaken bythe City to cnmply with the Americans
with Disabilities Act and other local and federal requirements shall foUowtheue 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. ^K8eNng Historic Properties Acceaaib|e^, and the
Department of the Interior Report. "Access to Historic Buildings for the Diaab|ed�
Suggestions for Planning and Implementation," and
2, To the extent hyasib|e, handicapped accessibility features (e.g, ramps and elevators)
shall not be located on phmarye/evetions of historic buildings and shall not result in the
removal of significant historic architectural features or materials.
1 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 SHP(] and initiate
the procedures set forth at 36 CFR. 80&6.
D. RELOCATION OF HISTORIC PROPERTIES
1� A contributing building within o 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 beapproved bythe SHPDand should not bemore
than one and a half miles from the original location ofthe property, If the SHP[} objects to
the proposed alternative site, the City shall request the ACHP'acomments in accordance
with 36CFR 800.8
2. The City shall ensure that properties are moved by qualified movers in accordance with
approaches recommended in the "Moving Historic Buildings" report (John <]bed Curbs.
1979). Within ninety (BD) days after the move. the City, in consultation with the SHPD.
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 projectswithinhistoric districts including
skdewa|k improvements. n*paving 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
2.Fina| plans and specifications for site and public improvement projects shall be reviewed
and approved by Certified Staff if they are determined to meet the Standards. If the
Standards cannot be met or if the project could have an adverse effect on historic
properties, then prior to taking any action the City shall consult with the SHPO and initiate
the procedunesset forth at3SCFR8OO.G
V. DEMOLITION
No demolition within designated Historic Disthcts o/ individually designated historic structures may
proceed until the Historic Preservation Certified Staff has issued a Certificate of Appropriateness for
Demolition vvi|han accompanying Historioand Environmental Preservation Board Resolution.
A. DEMOLITION [)FNON-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 ofall such demolitions inits project files,
B. EMERGENCY AND TEMPORARY MEASURES
1.For the purpwst-:�,ofremedying emergency conditions determined to be dangerous to |ife,
health or property, nothing contained herein shall prevent the making ofany temporary
conatruction, reconstruction or other- repairs to a designated (or eligible for designation)
proporty, struoture, improvement or site within the Ci1y, pursuant to an order of a
government agency oracourt ofcompetent jurisdiction.
2.Theowner ufa designated oreligible for designation proporty, structure, improvement or
site damaged by fire or natural calamity shall be permitted to stabilize the property
immediately without Board epproma!, and to rehabilitate it later under the nonna| review
C. EMERGENCY DEMOLITION
1,|n the event that the City determines that emergency demolition of historic property or
contributing p/opeFty 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 sha||
immediately forward documentation to the SHPO via emsi|, express mail orfacsimile with
arequest for comments within five (5)business days. The documentation shall include a
copy ofthe order requiring emergency demolition (within seven days with any back up
infnrmotion), 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 SHPD shall notify the City in writing of its
findings and any required mitigation measures (e.g necordahon, additional photographic
documentation. anchiteCLura}aabage. etc.).
D. DEMOLITION OFUNSAFE AND ABANDONED HISTORIC PROPERTIES
1 Governmentagencies having the authority to demolish unsafe structures shall request
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 oreUgib|efordssi nation pnuperty, and any property within
a historic district.
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3.The HEPS may make recommendations and suggestions to the applicant government
agency and the owner(s) relative to the feasibility of and the public inhana,t in preserving
the property.
4�Atthe written request of the Historic Preservation Certified Staff, such government agency
shall continue any hearing on a property for not less than thirty (20) days to allow
consultation with the HEPB,
5. Ifagovernment agency orders a5Oyear old orolder property for demolition, the onjershall
also, at written request of the HEPB, establish a grace period of no less than one
hundred eighty (190) days to complete the necessary repairs and satisfy such agency
safety standards.
G.Such government -agencies shall have the jurisdiction and authority to grant additional
extensions of the grace period at the written request ofthe HEPB when addihono| time is
found necessary to complete the repairs and satisfy the agency safety standards.
7.The HEPB may request a delayed effendws dote to arrange a possible alternative to
demolition. During the demolition delay period. the HEPB may take steps as it deems
necessary to preserve Vie structure. Such steps mayindude. 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 agenoies, and exploration of
the possibility ofmnving the structure(s) to another location,
O.NothinQ in this section shall prohibit a government agency hnm entering an order requiring
a5Oyear old orolder property tobesecured.
0.No pert -nit for voluntary demolition mf a designated or eligible for designation proporty,
stnuoture, improvement, or site shall be issued tothe ovvner(s)thereof until an application
fora Certificate ofAppropriebaness for Demolition has been submitted and approved by
the HEPB.
1& The raluma| by the HEPB to grant a Certificate ofAppruphaheness for Demolition shall be
evidenced by a wr�endocument dataiUng the pubUoini�nastin preserving such property,
A copy of this document shall be sent to the SHPD for evaluation and further
recommenclations regarding 'the HEPE'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 hzmvanj
documentation to the SHPD including the location of property, a description of the
significance of the property, measures taken by the City to preserve the property (e.g.
marheting, notices to property owners, aeouhty, demolition by neglect, oodeenforoement.
eto.), the current condition of the property supported by recent photographs, and the
period of' vacancy.
12. TheSHPD 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 SHP{} objects
to the proposed demolition, the City shall request the ACHP's comments in accordance
with 36 CFR 800.5(o).
E. DEMOLITION OFHISTORIC PROPERTIES
Prior to the demolition of historic properties not covered underthe abandoned structures or
emergency demolition provisions of this Programmatic Agreement, the City shall forward the
1O|
fo|lowingdocumentation tothe SHPO:
1,Location and description ofthe building.
2.Reasonsfor demolition, including documentation ofbuilding and code violations, licensed
engineer's report c1'Structural damage zinc! detenonation, and an explanation as to why
rehabilitation is neither prudent nor feasible. Recent photographs ofeaoh elevation and
any historically significant exterior features or interior elements,
3.Measureo 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 @s to whethss this pending demolition
represents owner orOccupant neglect (demolition byneQ/eo¢
S. )1� new Florida Master Site File (FIVISF) 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 m/hai if any, mitigation measures are required, |fthe SHPO objects to
the proposed demolition, tire City shall notify the ACHP in accordance with '--'FR 800,6�
VI. ARCHAEOLOGY
A. In the event that the City plans any ground disturbance as part of rehabi|itahnn, new
construction, site improvement or other project, the City shaU consult with the SHPO to
determine whether the project site contains archaeological resources, |f the SHPO
determines it necessary and appropriate, the City ahaU ensure that qualified Staff or an
Archaeological Consultant is hired to assist in the identification and evaluation of
archaeological resources. 11' archaeo|ogioa| 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 anchaeokzgiCa| resources, the
City shall consult with the SHPO to develop a treatnnent plan consistent with the ACHP's
handbook "Treatment ofArchaeological Pnoperbes^, and subsequent amendments and State
gUideliries� The treatment plan must be approved by the SHPO and the City shall ensure that
it is implemented by qua|ilied Staff or an Archaeological Consultant. If the SHPO objects to
the treatment p|an, then the City shall request the ACHP's comments in eouordanzevvith 35
CFR 8OO�G.
Ni` PUBLIC INVOLVEMENT
A. Each year the City shall notify the public ofthe City'scurrent 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 pnograms, information on
the types ofactivities undertaken with HUD fundo, information on identified historic properties
which might be affected by these activities, the amount ofCOBG. H[)PVVA. HOPE 3 and
other new funds HUD may make available in the current program year, and how interested
persons can receive further information or, the Prognamsand participate inthe Section 106
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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 pehodir-infornati3n meetings
for the public to address HUD -funded activities affaodnQ Nstnrio resources and new or
pendingproQramsthatmoyaffeotresources,
B. Certified Staf, shall attend at least two public meetings of the Office of Housing and
Community Development Depai-tmenteach year to explain and discuss the CiLy'o projects
affecting historic resources and to receive the commenLs ofthe group orother members ol
the Public.
VUL PROJECT COORDINATION
A. The Certified Staff oha|| ensure that all appropriate City departments are aware of this
Prognammatic Agreement and any associated written guidelines 1hot are available, The
CeFtified Staff ohaU ensure that all sub -recipients of HUD funds (s,g. Communby Housing
Development Organizations or CHD(]s. Community Redevelopment Agencies, community
service. ci-9-:,inizations. etc.) are aware olthis Agreement and associated guidelines,
E. Pre -project documentation shall be prepared by the City or sub -recipient staff with
responsibility for those projects, }nconsu|tahon with Certified Staff and in accordance with
Section 4. "Treatment", above. Documentation shall include phntographs, work, vvri,e-ups,
p(ano, mapo, etc. as appropriate.
The Certified Staff xhsU review this project documentation and issue a Letter of Approva| for
each undedakinQ, if it meets the Standards prior to the approval of the expendituna of any
funds. Though no mmrk may begin until such a letterhas been isaued, non-destructive project
planning activities that do not restrict the subsequent consideration of alternatives to avoid
minimize ormitigate, fortheundertakingmaytskep|ace.
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 SHp[) and, if
necessary, with the ACHPpursuant to36 CFR8MG�
Di POST -REVIEW DISCOVERIES
A. If historic resources are discovered or unanbcipateddethmentai 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 oonsu|tabon with
the SHPD, 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.Consull with the SHPO. ACHP, putJic and other interested parties to resolve adverse
effects prior toapproving, commencing orcompleting the undertaking-
2.Consultvvith the SHP[) 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,
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4.Notlfy the SHP0. ACHP, and other interested parties within forty-eight (48) houm of the
discovery.
X. MONITORING
A. The City aheU retain project records fora minimum of two (2) years following the completion
ofa project. The project files, shall include but are no, limited to staff reviovvo, comments of
the 3HPO, workwrite'ups and before and after photographs.
B. The City shall submit to the SHP(] an annua! report each Sep�mber summarizing the
activities carried out under the terms of this Programmatic Agreement. The report oha||
include the following information:
1 A list of properties determined eligible for listing in the National Register of Historic
Places.
2.A list ol properties for which work write -tips have been reviewed by the Certified Staff.
3.PhotoBnaphio documentation and sample projects demonstrating that the Standards have
been adhered to.
Upon written request byt1he3HPO.the City oha!|make ananQements for the SHPDtoreview
records and conduct on -site inspections of projects. This does not preclude the SHPO's
ability 'to conduct periodic site visits to, the City,
XL TRAINING
A. The SHPD shall provide periodic training in dne application of the Standards and in the
administration of this Programmatic Agreement for City personnel (e.g, Certified Staf[
preservation staff, menagers, rehabilitation inspectors) as requested by the Cdy, on a
schedule 0obearranged among the parties,
B. The City may develop guidance documents in consultation with the SHPDho assist City otalf
incomplying with the terms ol this Programmatic Agreement.
0|. DISPUTE RESOLUTION
A. DISPUTE RESOLUTION AMONG THE CONSULTING PARTIES.
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Should the SHP[} object within thirty (30) days to any p|ano, specifications or other project
information provided for review pursuant to this Programmatic Agreement, the City shall
consult with the 3HPO to nasnhe the objection. If the City determines that the objection
cannot be resolved, the City shall funmavd all documentation relevant to the dispute to the
ACHP, Within thirty (30) days after receipt of all pertinent documentation, the ACHP shall
1,Providethe City with recommendations that the City shall take into account in reaching a
finaidedsion regarding the dispute; or
2.Notify the City that it must comment pursuant to 38 CFR 800.8(b)(2) and proceed to
comment, Any ACHPcomment provided in response to such e request shall betaken
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into account by the City in accordance with 36 CFR 800.8(b)(2) with reference to the
subject ofthe dispute.
3.Any recommendation or comment provided by the ACHPsba|| be understood to pertain
only to the subject of the dispute, the City^s responsibility to oan7 out all actions under
this Programmatic Agreement that, are not the subjects of the dispute shall remain
unchanged,
B. REVIEW OFPUBLIC OBJECTIONS
Should an utYeuhon to any such me.9sureorits manner ofimplementation be raised by
member ofthe public at any time during implementation of the measures stipulated in this
Programmatic Agreement, the City shall Lake the objection into account and consult as
needed with the objecting party. the 8HPO^ or the ACHP to resolve the objection.
X81. AMENDMENT ORMODIFICATION
A. Any party to this Programmatic Agreement may request that it be amended ormodified st
anytime. whereupon the parties shall consult in accordance with 36CFR 8DO.1Stoconsider
such amendment ormodification.
B. Unless amended or modified by the parbes, ilany section, subsecdon, nentemoe, o|ause, a, -
provision ufthis Programmatic Agreement is held or becomes invalid as a matter of |avv, the
remainder of this Programmatic Agreement shall not be affected by such invalidity,
%[V. DEFAULT
In the event that the City does not carry out banns of 'this Programmatic Agreement. the City shall
comply with 36 CFR 880.4 through 36 CFR 800.6with regard to individua| Undertakings covered
by this Programmatic Agreement.
VV. TERMINATION'
Any party hothis Programmatic Agreement may terminate it by providing thirty (30) days written
notice to the other party, provided that the parties consult during the period prior to termination to
seek agreement on amendments or other actions that Would avoid termination. In the event of
termination, the City shall comply with 36 CFR 8004 through 36 CFR 800.6 with regard to
individual Undertakings covered 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 oe given or served in writing to the other party at the foUo<wing address and
deposited in the US mail postage prepaid. The SHP[) or the City may change its mailing address
at any time by serving the other written notice thereof.
Notice tnthe City shall bemailed and addressed to:
City of Miami
Planning Department
Historic Preservation Division
444 SVV 2»^Avenue, 3m Floor
&1ianni. FL3313O
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Notice tothe SHPOshaU be mailed to:
Florida Department of State
Division of Historical Resources
500 South Bnonough Street
TaUahooaee, FL 32399'0250
XV|!. RENEWAL
This Programmatic Agreement shall continue in force until March S. 2O17. At any time in the six
(G) month period prior to that date, the City may request the SHP{) to review its Programs and bz
consider an extension or modification of this Agreement. No extension or modification shall
become effective until a|| parties tothe Programmatic Agreement have agreed to binwriting.
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 ofthe Programs.
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IN WITNESS WHEREOF, this instrument has been executed by the parties hereto in manner and form
sufficient to b nd them, as of the day and year last executed below.
CITY OF MIAMJ
City Manager
Date:
Date:
Alexander Adams, Historic Preservation Officer
2
Approved as to Form and Correctness:
Julie 0 B
City Attorney
FLORDL-STATE HISTORIC PRESERVATION OFFICER
By: --9 Date: (f)
Rob--F. Bendus, State Historic Preservation Officer
ADVrORY COUNCIL
By:
Title: C1fV >4‘
N HISTORIC PRESERVATION
16 I
Date:
c:72 K