2002-24816 Reso
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RESOLUTION NO. 2002-24816
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND THE STATE OF FLORIDA DESIGNATING THE CITY OF
MIAMI BEACH AS A CERTIFIED LOCAL GOVERNMENT.
WHEREAS, the Mayor and City Commission of the City of Miami Beach recognize
the unique history and identity of the City and it's evolving architectural and urban form; and
WHEREAS, the City of Miami Beach Historic Preservation Board is charged by
Ordinance as serving in an advisory capacity to the City Commission and other City
Boards on issues affecting the City's architecture, design, historic districts and
structures; and
WHEREAS, the Mayor and City Commission of the City of Miami Beach strongly
support the efforts of the Historic Preservation Board to recall, retain, preserve and
restore the unique social and architectural history of the City's existing buildings; and
WHEREAS, the Mayor and City Commission of the City of Miami Beach recognize
and endorse the City's endeavor to become a Certified Local Government.
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, authorize the Mayor and City
Clerk to execute an agreement between the City of Miami Beach and the State of Florida
designating the City of Miami Beach as a Certifie Local Government.
PASSED and ADOPTED this 10th day! of
,2002.
ATTEST:
Jruu1 p~
CITY CLERK
MAYOR
APPROVED AS TO FORM & LANGUAGE
& FOR EXECUTION:
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CI ATTORNEY ~
T:IAGENDA\2002IAPR1002\CONSENT\CLG-RESO.DOC
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DATE
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
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Condensed Title:
Execution of Certified Local Government Agreement.
Issue:
The Administration is requesting that the Mayor and City Commission authorize the Mayor and City Clerk
to execute an agreement between the City of Miami Beach and the State of Florida designating the City of
Miami Beach as a Certified Local Government.
Item Summary/Recommendation:
Adopt the resolution authorizing the Mayor and City Clerk to execute an agreement between the City of
Miami Beach and the State of Florida designating the City of Miami Beach as a Certified Local Government.
Advisory Board Recommendation:
The Historic Preservation Board endorses the agreement for the City to become a Certified Local
Government.
Financial Information:
Amount to be expended:
Finance Dept.
Source of
Funds:
D
AGENDA ITEM
DATE
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CITY OF MIAMI BEACH
CI1Y HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\cLmiami-beach.f1.us
COMMISSION MEMORANDUM
FROM:
Mayor David Dermer and DATE: April 10, 2002
Members of the City Commission
Jorge M. Gonzalez ,~
City Manager 0
Execution of Certified Local Government Agreement
TO:
SUBJECT:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND THE STATE OF FLORIDA DESIGNATING THE CITY OF
MIAMI BEACH AS A CERTIFIED LOCAL GOVERNMENT.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission adopt the resolution.
ANALYSIS
In September of 2001, the Administration submitted an application to the Florida
Department of State for the City of Miami Beach to become a Certified Local Government
(CLG). The primary reason for the City seeking CLG status is to take advantage of funding
sources available to Certified Local Governments and to develop a more independent role
in granting historic waivers for designated properties pursuant to the Florida Accessibility
Code.
Currently, all requests for historic waivers from the Florida Accessibility Code (FAC) must
go to the State Historic Preservation Office for review. As a CLG, the City of Miami Beach
Planning Department would be authorized to evaluate all requests for historic waivers from
the FAC. This would significantly streamline the development review process by removing
a lengthy evaluation at the State level.
For instance if an historic building, as part of a restoration project, was required to provide
direct access through the front door, the modifications needed to achieve such access
could jeopardize the historic and design integrity of the subject building. If this is the case,
in order to receive a waiver from full compliance with the FAC, and having the latitude to
provide alternative means of dignified access, approval from the State is required.
As a CLG, the City's Historic Preservation Officer would be able to make the determination
as to whether an alternative means of dignified access should be explored, in order to
protect and preserve the historic and design integrity of the subject building. A number of
restoration projects in the City have received historic waivers from full compliance with the
FAC including the Bentley Hotel (TGI Friday's), the Anchor Hotel (Fuddruckers), Club
April 10, 2002
Commission Memorandum
Execution of Certified Local Government Agreement
Page 2 of 2
Monaco (624 Collins Avenue) and the Bendel Apartments (826 Collins Avenue).
The City anticipates applying for grants to assist and facilitate in surveys to identify and
evaluate significant historic properties, nominations to the National Register of Historic
Places, and historic restoration and rehabilitation of City owned properties. Additional
grant assistance for historic preservation education and promotion, as well as local historic
preservation plans is also anticipated.
The Planning Department will be required to submit monthly and yearly reports to the State
Historic Preservation Office documenting the activities and accomplishments of the Historic
Preservation Board. This additional work is not expected to put an undue burden on
Planning Department staff and will not affect the development review process.
The Florida Department of State approved the CLG application, and an agreement was
drafted by the State and sent to the City for final execution. The agreement has been
approved by the State, as well as form approved by the City Attorney.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt this resolution
authorizing the Mayor and City Clerk to execute an agreement between the City of Miami
Beach and the State of Florida designating the City of Miami Beach as a Certified Local
Government.
JMG\CMC\J~;J~
T:AGENDA\2002\APR1002\CONSENnCLG-MEMO.DOC
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CERTIFIED LOCAL GOVERNMENT AGREEMENT
This Agreement by and between the State of Florida, Deparbnent of State, Division of Historical
Resources, hereinafter referred to as the Department, and the City of Miami Beach hereinafter referred to
as the City, relative to the City of Miami B.each Certified Local Government Program, hereinafter referred
to as the Program. is entered into this 11.f11l day of I'-t A 'f . 2002.
The protection and preservation of resources of historical, architectural, and archaeological value are
public purposes and are essential to the health, safety and economic, educational, cultural and general
welfare of the public.
This Agreement is for the purpose of implementing the Florida Certified Local Government Program in
the City of Miami Beach, State of Florida, so as to assist the local government to participate more fully in
the federal historic preservation program.
Under the provisions of the Code of Federal Regulations, Title 36, Part 61, "Procedures for Approved
State and Local Government Historic Preservation Programs," it is the responsibility of the Deparbnent,
serving as the State Historic Preservation Office, to administer the Florida Certified Local Government
Program in the State of Florida and to enter into this Agreement.
The provisions of the Florida Certified Local Government Guidelines, which are attached and are made a
part of this Agreement, prescribe the minimum requirements established for the Program.
The City has made application to the Department for participation in the Certified Local Government
Program.
The application has been evaluated by the Department and, on the basis of that evaluation, 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 is
hereby certified for participation in the Florida Certified Local Government Program.
The Department and the City hereby agree as follows:
1. The Department shall provide the following general services:
a. Provide access to Florida Master Site File survey inventory information to assist the City in
maintaining a local inventory of historic resources.
b. Designate a staff member to handle communication between the City, the Department and
the National Park Service.
c. Offer orientation materials and technical assistance at the initiation. of the Program for the
Historic Preservation Review Commission and staff supporting the local 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:
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a. Provide technical assistance regarding changes to or improvement 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. As long as federal law requires, reserve at least 10% of the state's annual Federal Historic
Preservation Fund Grant for award to Certified Local Governments on a competitive basis
and notify Florida Certified Local Governments of the availability of these funds as per
Section C.3.a., Florida Certified Local Government Guidelines.
d. Receive and process applications from Florida Certified Local Governments for matching
grants-in-aid, from the 10% set aside funds as specified in Section C.3.b.-h., Florida
Certified Local Government Guidelines. Solicitation, selection, award and administration
of such grants shall be in accordance with Chapter 267, Florida Statutes, Chapter 1A-35,
Florida Administrative Code, and all applicable federal laws and regulations.
e. Notify the City of and adhere to specified time frames for all National Register activities
affecting properties within the Certified Local Government's jurisdiction as specified in
Section CA., Florida Certified Local Government Guidelines.
f. Per Section C.2., Florida Certified Government Guidelines, monitor the performance of the
City and make every effort to assist the City to comply with the requirements of the
Florida Certified Local Government Program. Monitoring includes review of grant fund
allocations, review of annual reports, and other reviews as necessary and appropriate.
g. Provide an evaluation of the local Certified Local Government program upon completion
of review of the annual report Methods to enhance local program effectiveness shall be
identified.
h. Initiate and pursue the recertification process when appropriate as per Section C.2.i.-m,
Florida Certified Local Government Guidelines.
3. The City shall generally follow a public policy of protecting, 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 provisions of the Florida Certified Local Government Guidelines:
a. Enforce appropriate state or local legislation for the designation and protection of historic
properties as per Section B.1., Florida Certified Local Government Guidelines.
b. Establish, by local law, an Historic Preservation Review Commission composed of
professional and lay members, as per Section B.2., Florida Certified Local Government
Guidelines.
c. Develop and maintain a system for the survey and inventory of historic properties as per
Section B.3., Florida Certified Local Government Guidelines.
d. Provide for public participation in the local historic preservation program, including the
process of recommending properties for nomination to the National Register, as per Section
B.4., Florida Certified Local Government Guidelines.
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e. Perform other responsibilities delegated to it in Section B.S., Florida Certified Local
Government Guidelines.
f. Establish a formal procedure by ordinance, or by appropriate administrative action,
whereby all proposed National Register nominations are reviewed by a qualified Historic
Preservation Review Commission in accordance with procedures set forth in Section CA.,
Florida Certified Local Government Guidelines.
g. Submit an annual report of Certified Local Government activities and other such
information deemed necessary as required by Sections C.2.e. and f., Florida Certified Local
Government Guidelines.
h. Permit periodic reviews of Certified Local Government activities and documents by the
State Historic Preservation Office, with at least 30 days advance notice, as per Section
C.2.c., Florida Certified Local Government Guidelines.
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 previous communications, representations, or agreements, either verbal or
written, between the. parties hereto. No change or addition to this Agreement shall be effective
unless in writing and properly executed by the parties.
5. If the local government named herein is decertified by the Department, this Agreement shall be
terminated.
The Department and the City have read this Agreement and have affixed their signatures.
DEPARTMENT OF STATE
avid Dermer, Mayor
City of Miami Beach
APPRoveD AS TO
fORM & LANGUAGE
& FOR EXECUTION
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