R12-072 11 i
1 RESOLUTION NO. R12- O7g—
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING A CERTIFIED LOCAL GOVERNMENT
5 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
6 AND THE STATE OF FLORIDA DIVISION OF HISTORICAL
7 RESOURCES TO FORMALIZE PARTICIPATION IN THE CLG
8 PROGRAM; AUTHORIZING THE MAYOR AND CITY CLERK
9 TO EXECUTE THE AGREEMENT; AND PROVIDING AN
10 EFFECTIVE DATE.
11
12 WHEREAS, on October 4, 2011, the City Commission approved a written
13 assurance confirming the City of Boynton Beach would fulfill all of the requirements
14 necessary to obtain Certified Local Government (CLG) certification; and
15 WHEREAS, to obtain final CLG certification, an agreement between the City of
16 Boynton Beach and State of Florida Division of Historical Resources must be signed to
17 formalize the requirements of both parties for participation in the program; and
18 WHEREAS, upon recommendation of staff, the City Commission has determined
19 that it is in the best interest of the residents and citizens of the City of Boynton Beach to
20 approve the Certified Local Government Agreement with the State of Florida Division of
21 Historical Resources.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
23 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct.
26 ; Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
27 1 approves the Certified Local Government Agreement between the City of Boynton Beach and
28 ' the State of Florida Division of Historical Resources to formalize participation in the CLG
S \CA \RESO\Agreements \Reso - Certified Local Government Agmt doc
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11 1
1 Program, a copy of the Certified Local Government Agreement is attached hereto as Exhibit
2 "A"
3 Section 3. The Mayor and City Clerk, on behalf of the City of Boynton Beach, are
4 authorized to execute the Certified Local Government Agreement.
5 Section 4. That this Resolution shall become effective immediately.
A
6 PASSED AND ADOPTED this 7 day of August, 2012.
7 CITY OF BOYNTON BEACH
8 I
9
10 ,- 2.i
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11 Mayor — Woodrow L. ay
12 a
14
15 ; ice Mayo Mack McCray
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17
18
19 Commissioner —
20
21
22
23 Commissioner - Steven Holzman
24 1
25
26 1 7 --, •A___ 7
27 1 t' — Marlene Ross
28 ATTEST:
29
30
31 itcAA 32 fr. .
33 Jan t M. Prainito, MMC
34 C . y Clerk
35
s
38 5, Seal)
39
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S \C ; - nts \Reso - Certified Local Government Agmt doc
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CERTIFIED LOCAL GOVERNMENT AGREEMENT
T his Agreement by and between the State of Florida, Department of State, Division of Historical
Resources (Department), and the City of Boynton Beach (City), relative to the Certified Local Government
Program (Program) is entered into this 'ITN- day of 11E,12_, 2012.
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 Program in the City so the local government can
participate more fully in the federal historic preservation program.
Under 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 Department, serving as the
State Historic Preservation Office, to administer the Program in Florida and to enter into this Agreement
The Florida Certified Local Government Guidelines (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 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, the City is hereby certified for participation in the Program.
The Department and the City hereby agree as follows
1 The Department shall provide the followmg general services
a Provide access to the Florida Master Site File to assist the City m 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 training at the initiation of the Program for the City Historic Resources Preservation
Board and staff supporting the local Program.
2 The Department shall perform the following services as specified in the Guidelines:
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 of the Guidelines.
d Receive and process apphcations from Florida Certified Local Governments for matching
grants -in -aid from the 10% set aside funds as specified m Section C.3 b -h of the
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 adher to specified time frames for all National Register activities
affecting properties within its Jurisdiction as specified in Section C.4 of the Guidelines.
f. Per Section C.2. of the Guidelines, monitor the City's performance and make every effort to
assist the City in complying with the requirements of the 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 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 of
the 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 m accordance with and as specified
in the Guidelines
a Enforce appropriate state or local legislation for the designation and protection of historic
properties as per Section B 1 of the Guidelines
b Establish, by local law, a Historic Preservation Review Commission (Commission)
composed of professional and lay members, as per Section B 2 of the Guidelines
c Develop and mamtain a system for the survey and inventory of historic properties as per
Section B 3 of the Guidelines
d. Provide for public participation m the local historic preservation program, including the
process of recommending properties for nomination to the National Register, per Section
B.4. of the Guidelines
e I'ertorm other responsibilities delegated to it in Section i;.5 of the Guidelines
f Establish a formal procedure by ordinance, or by appropriate administrative action,
w hereby all proposed National Register nominations are reviewed by the Commission in
accordance with Section C 4 of the Guidelmes
g Submit an annual report of Certified Local Government activities and other such
information pursuant to Sections C 2 (e) and (f) of the Guidelines
h Permit periodic reviews of Cei Lifted Local Government activities and documents by the
State Historic Preservation Office, with at least 30 days advance notice, per Section C.2.c of
the 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 m 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.
DEPA NT OF STATE
Ro.er Bendus
State Historic Preservation Officer
CITY OF BOYNTON BEACH
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
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Woodrow Hay, M,gtSr
City of Boynton Beach
APPROVED AS TO FORS
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OCT 292012
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
October 24, 2012
The Honorable Woodrow Hay, Mayor
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Dear Mayor Hay:
It is my pleasure to welcome you to the Florida Certified Local Government (CLG) Program, effective
October 9, 2012. We are forwarding the fully executed agreement formalizing the City's participation in
the program to Mr. Warren Adams, Historic Preservation Planner
Designation as a Florida Certified Local Government affirms the City of Boynton Beach's commitment to
historic preservation and begins a new partnership with the Bureau of Historic Preservation and the 60
other Certified Local Governments in Florida. As a Florida Certified Local Government, you are eligible
to apply for special matching grants reserved for CLGs to assist your historic preservation efforts. Should
you have any questions or require other assistance, please do not hesitate to contact Michael Zimny,
Florida CLG Coordinator at (850) 245 -6333.
Once again, welcome to Florida's Certified Local Government Program. We look forward to working
with you.
Sincer ,
Robert F. Bendus, Director
Division of Historical Resources and
State Historic Preservation Officer
pc: Warren Adams
DIVISION OF HISTORICAL RESOURCES
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: 850.245.6300 - Facsimile: 850.245.6436 • www.flheritage.com
VIVA [LORIDA500 Commemorating 500 years of Florida history www.fla500.com VIVA FLORIDA 500_
FLORIDA CERTIFIED LOCAL GOVERNMENT GUIDELINES
INTRODUCTION
Since its initial enactment by Congress in 1966, and through its subsequent amendment,
the National Historic Preservation Act, as amended (16 U.S.C. 470, et. seq.) has established
a program of identification, evaluation, and protection of historic and prehistoric
properties based on the National Register of Historic Places. The act also has formalized
roles for a decentralized historic preservation partnership that includes federal, state,
tribal, and local govemments. Part of the national program is carried out by the states,
under the direction of the National Park Service of the Department of Interior.
Participating states receive funding assistance in the form of annual grants from the
federal Historic Preservation Fund to support their efforts. Funds are normally used to
support the programs of the State Historic Preservation Office. A portion of these funds
may be regranted in the form of subgrants for survey and planning and community
education activities.
The National Historic Preservation Act, as amended (16 U.S.C. 470 et. seq.), also contains
the legal basis for the federal -state -local preservation partnership commonly referred to
as the Certified Local Government program. The Act directs the State Historic Preservation
Officer and the Secretary of the Interior to establish procedures for the certification of
local governments to participate in this partnership. This document contains Florida's
procedures.
Under the Certified Local Government program the State: 1) delegates certain limited
responsibilities to those local governments that meet specific qualifications for
certification, and 2) provides, from its annual Historic Preservation Fund apportionment, on
a competitive basis, limited grant -in -aid funding to assist certified local governments in
carrying out the responsibilities so delegated.
The purpose of these guidelines is to set forth: 1) the requirements and responsibilities of
participation in the Certified Local Government program, and 2) the procedures for
certification of local governments and for transfer of federal grant funds to participating
Certified Local Governments.
i
FLORIDA CERTIFIED LOCAL GOVERNMENT GUIDELINES
TABLE OF CONTENTS
Introduction i
A. Definitions 1
B. Requirements 1
1. Local Historic Preservation Legislation 2
2. Historic Preservation Review Commission 2
3. System for Survey and Inventory 4
4. Public Participation 5
5. Satisfactory Performance of Responsibilities 5
C. Procedures 5
1. Certification of Local Governments in Florida 5
2. Monitoring Certified Local Governments /Process
for Decertification /Local Government Appeal 6
3. Transfer of Funds 8
4. Certified Local Government Participation in the
Florida National Register of Historic Places Process 10
Appendix A - Professional Qualifications Standards
Appendix B - Chapter 1 A -35, Florida Administrative Code, Rules of the
Department of State, Historic Preservation Grants -in -Aid
Appendix C - Application /Internal Checklist
Appendix D - Certified Local Government Agreement
FLORIDA CERTIFIED LOCAL GOVERNMENT
A. Definitions
1. Appropriate Chief Elected Local Official: the mayor, county executive, or
otherwise titled administrative official who is the head of the local political
jurisdiction, which is the Certified Local Government.
2. Commission: a board, council, commission, or other similar collegial body which is
established in accordance with Section B.2. of these guidelines.
3. Designation: the identification and registration of properties for protection that
meet criteria established by the State or the locality for significant historic and
prehistoric resources within the jurisdiction of a local government. Designation
includes the identification and registration of resources according to the State or
local criteria which must be consistent with the Secretary of the interior's
Standards for Identification and Registration. Adoption of the National Register
criteria is encouraged.
4. Florida Master Site File: the state's clearinghouse for information on
archaeological sites and historic structures, and field surveys of such sites and
structures. It is a system of several paper and computer files maintained by the
Division of Historical Resources, Florida Department of State.
5. Historic Preservation Fund: the source from which monies are appropriated to
fund the program of matching grants -in -aid to the states for historic preservation
programs and projects, as authorized by Section 101(d)(1) of the National Historic
Preservation Act, as amended.
6. Local Government: the city, county, township, municipality, or any other general
purpose political subdivision in the state.
7. National Register of Historic Places: the national list of districts, sites, buildings,
structures, and objects significant in American history, architecture, archaeology,
engineering, and culture, maintained by the Secretary of the Interior under
authority of Section 101(a)(1)(A) of the National Historic Preservation Act, as
amended.
8. Protection: the local review process under State or local law for proposed
demolition or, changes to, or other action that may affect historic properties
designated pursuant to a local government becoming a Certified Local
Government. The CLG's local protection review process of the Act applies only
to properties designated pursuant to State or local laws and procedures. This
would not include properties listed on or determined eligible for the National
Register of Historic Places unless such properties also were designated under the
appropriate State or local process.
9. State Historic Preservation Ofticer: the official designated pursuant to
s.267.031(7), Florida Statutes, to administer the state historic preservation program
established for the purpose of carrying out the provisions of the National Historic
Preservation Act of 1966, as amended.
S. Requirements
The following requirements are contained in 36 CFR Part 61, the implementing
regulations for the National Historic Preservation Act, as amended (16 U.S.C. 470).
Local governments desiring to become and remain Certified Local Governments
FLORIDA CERTIFIED LOCAL GOVERNMENT GUIDELINES
must meet all of the following requirements:
1. Enforce appropriate state or local legislation for designation and protection of
historic properties. In the absence of state legislation, this requirement shall be
met by the enactment of local legislation containing the following provisions:
a. The purpose of the legislation shall be clearly stated and shall include
authority for appointment of a Commission to be responsible for the
designation and protection of historic properties.
b. The legislation must clearly define criteria and a process the same as or
substantially the same as that identified in the National Historic Preservation
Act of 1966, ( U.S.C. 470 et. seq.), as amended, for the designation of historic
properties.
The legislation shall state that boundaries for any historic districts or individual
properties identified in or by the mechanisms contained in the legislation
must be clearly established.
c. The legislation shall provide for the authority for and the establishment of a
process for the review and rendering of a decision upon all proposed
alterations, relocations, demolitions or new construction within the boundaries
of historic districts established under the legislation or which may directly
affect historic properties designated under the legislation. This authority shall
include provisions for delay of demolition but not for the indefinite stay of a
demolition.
d. The criteria for the review of proposals for alterations, relocations, demolitions
and new construction shall be clearly set forth in the legislation and, in the
case of alterations, shall achieve the purposes of the Secretary of the Interior
Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings.
e. The legislation shall include provisions for enforcing decisions, including
penalties for non - compliance. A right of and mechanism for appeal must
exist in the legislation.
f. Specific time frames for reviews and for consideration of alternatives should
be identified.
g. Provisions for public and owner notification and public hearings for
designation and project reviews shall be established, per 3.4., below.
2. The local government shall establish a historic preservation review commission
(Commission) composed of professional and lay members in accordance with
paragraph B.2.c., below.
a. Each Certified Local Government shall have a Commission with a minimum of
five (5) members, whose area of geographic responsibility is coterminous with the
boundaries of its local jurisdiction. For communities with a population less than
10,000, the minimum number of members may be reduced but shall not be less
than three (3) members. All commission members must have a demonstrated
interest in historic preservation.
FLORIDA CERTIFIED LOCAL GOVERNMENT GUIDELINES
b. Appointments shall be made by the appropriate local official of the jurisdiction
concerned.
c. To the extent available in the community, the local govemment shall appoint
professional members from fhe disciplines of architecture, history, architectural
history, planning, prehistoric and historic archaeology, folklore, cultural
anthropology, curation, conservation, and landscape architecture or related
disciplines to the extent such professionals are available in the community
concerned (see Appendix A, Professional Qualifications Standards). The
Professional Qualifications Standards in Appendix A are no more stringent than
the standards for membership on the National Register Review Board. Lay persons
who have demonstrated special interest, experience, or knowledge in history,
architecture, or related disciplines shall make up the balance of Commission
membership as provided for in Section B.2.e. in the event that there are not
enough professionals in the community.
d. Commission members should be residents of the jurisdiction for which they serve.
e. Local governments shall be certified without the minimum number or types of
disciplines represented on the Commission if they can demonstrate to the State
Historic Preservation Officer that they have made a reasonable effort to fill those
positions. Reasonable effort means that the local government has documented
that (a) professionals in the required disciplines do not reside nor are property or
business owners in the jurisdiction, or (b) local professionals are not willing to serve
on the Commission, and (c) in the case of a Commission with fewer than the
minimum numbers of members established in B.2.a., that no other lay persons
meeting the requirements of B.2.c. are available fo serve.
f. The terms of office of Commission members shall be uniform and staggered, and
of at least two but not more than five years duration (except as provided on the
initiation of a Commission). There is not necessarily a limit on the number of
consecutive terms which may be served.
g. Vacancies, including expired terms, shall be filled within 60 calendar days by the
appropriate local official. An extension of up to an additional 60 calendar days
shall be granted by the State Historic Preservation Officer upon receipt of a
written request from the appropriate local official for such extension.
h. Commission meetings shall be held as often as is necessary to complete
commission work in a timely fashion, but no less than four meetings shall be held
each year and minutes of each meeting shall be kept.
i. Each Commission member should make a reasonable effort to attend State
Historic Preservation Office training programs.
j. The Commission shall review alterations, relocations, demolitions and new
construction or other activities that may affect locally designated properties.
The Commission shall review proposed National Register nominations within its
jurisdiction. When a discipline is not represented in the Commission membership,
the Commission shall seek expertise in this area when considering National
Register nomination proposals and other actions that may impact properties
which are normally evaluated by a professional in such discipline before
rendering a decision. This can be accomplished through consulting (e.g.,
universities, private preservation organizations, or regional planning commissions)
FLORIDA CERTIFIED LOCAL GOVERNMENT GUIDELINES
or by other means that the State Historic Preservation Officer determines
appropriate.
1. The legislation shall contain specific time limits within which the Commission shall
act.
m. The Commission shall have staff sufficient to undertake the requirements for
certification and carry out the duties and responsibilities delegated to the
Certified Local Government.
n. The Commission shall adopt Rules of Procedure for use in all transactions involving
the public.
o. All Commission responsibilities must be complimentary to and carried out in
accordance with the responsibilities of the State Historic Preservation Officer as
described in 36 CFR 61.6, incorporated by reference.
3. The local government shall maintain a system for survey and inventory of historic
properties. The term "historic property" or "historic resource" means any
prehistoric or historic district, site, building, structure, or object included in, or
eligible for inclusion on the National Register, including artifacts, records, and
material remains related to such a property or resource.
a. The Certified Local Government shall initiate and continue an approved
process to identify historic properties within the jurisdiction.
b. A detailed inventory of the designated districts, sites, and structures within
the jurisdiction of local government must be maintained. The local inventory
system shall be developed in consultation with the Florida Master Site File to
ensure that the data produced can be integrated into the statewide
comprehensive historic preservation planning process, and should include at
a minimum a completed Florida Master Site File form with an assigned
Florida Master Site File number. This documentation also applies to the CLG
Inventory. The address for the Florida Master Site File is: Florida Master Site
File, , R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida
32399 -0250.
c. All inventory material shall be kept: 1) safe, secure, and in an accessible
location, 2) current, and 3) regularly provided to the State Historic
Preservation Officer for incorporation into the Florida Master Site File.
d. All inventory material shall be considered as public records and shall be
available for public inspection per s.119.07, Florida Statutes, except as
provided for in Section 304 of the National Historic Preservation Act of 1966,
as amended (16 USC 470).
e. Commission members shall be encouraged to participate in the survey
process and in preservation planning carried out by the Certified Local
Government.
FLORIDA CERTIFIED LOCAL GOVERNMENT GUIDELINES
4. Local governments shall provide for public participation in local historic
preservation programs, including the process of recommending properties for
nomination to the National Register.
a. All Commission meetings shall be publicly announced, open to the public
and have a previously advertised agenda. Commission meetings shall be
held as often as is necessary to complete commission work in a timely
fashion, but not less than four meetings shall be held each year.
b. Minutes of all actions of the Commission including reasons for making
decisions, must be kept on file and available for public inspection, per
s.286.011 Florida Statutes.
c. All decisions by the Commission shall be made in a public forum, and
applicants shall be given written notification of decisions of the Commission.
d. Rules of Procedure adopted by the Commission shall be available for public
inspection, per s.119.07, Florida Statutes.
e. Appropriate local officials, owners of record, and applicants shall be notified
of proposed Commission actions concerning a proposed nomination to the
National Register of Historic Places according to requirements found in 36
CFR Part 60, incorporated by reference. Objections by owners of properties
proposed for nomination must be notarized.
5. Local governments shall satisfactorily perform the responsibilities listed in B.1.
through B.4., above, and those specifically delegated to them by the State
Historic Preservation Officer.
C. Procedures
1. Certification of Local Governments in Florida
a. The appropriate local official shall request certification from the State Historic
Preservation Officer. The request for certification shall include:
(1) A written assurance by the appropriate official that the local government
will fulfill all the requirements for certification. Requirements for
certification include: enforcement of appropriate state or local
legislation for designation and protection of historic properties, per B.1.,
above; establishment of a historic preservation review commission
(Commission) composed of professional and lay members, per B.2.,
above; maintenance of a system for survey and inventory of historic
properties, per B.3., above; provision for public participation in local
historic preservation programs, including the process of recommending
properties for nomination to the National Register, per B.4. above; and
satisfactory performance of any additional responsibilities delegated to
all Certified Local Governments in the state, and any other delegated
responsibilities.
(2) A copy of the local legislation, per B.1., above.
FLORIDA CERTIFIED LOCAL GOVERNMENT GUIDELINES
(3) A map of the local government jurisdiction with any and all existing
designated historic districts and individual historic properties clearly
identified. Inclusion of these properties within the jurisdiction of the
Certified Local Government shall be clearly demonstrated. This map shall
be updated regularly through the incorporation of additions and
deletions of districts and individual properties, and alterations of historic
district boundaries.
(4) A copy of the Commission's Rules of Procedure.
(5) Resumes for each member of the Commission including, where
appropriate, credentials or member expertise in fields related to historic
preservation, per B.2.c., above, and Appendix A, below.
(6) Resumes for staff members, if there is professional staff.
b. The State Historic Preservation Officer shall respond to the appropriate local
official within 45 calendar days after receipt of an adequately documented
written request for certification. The State Historic Preservation Officer will
review the request and certify by letter of certification if the government
fulfills the requirements. The State Historic Preservation Officer will prepare a
written certification agreement which lists the specific responsibilities of the
local government when certified. The written request, letter of certification
and signed certification agreement by the State Historic Preservation Officer
and the chief elected local official as well as a signed review checklist by
the state shall be forwarded to the Secretary of the Interior by the State
Historic Preservation Officer. If the Secretary of the Interior does not object
within 15 working days after receipt, the State Historic Preservation
Officer's certification of the local government to participate in the national
Historic preservation program shall be effective the date signed by the
National Park Service.
c. The State Historic Preservation Officer shall respond to the appropriate local
official within 45 working days after receipt of a documented written request
which is inadequate. The State Historic Preservation Officer shall indicate how
inadequacies can be corrected in this notification.
d. Amendments to the delegation of responsibilities provided in the certification
agreement shall be initiated by mutual agreement of the State Historic
Preservation Officer and the local government. The amendment shall be
prepared by the State Historic Preservation Officer and submitted to the
Secretary of the Interior. If the Secretary of the Interior does not object within
15 working days after receipt, the amendment to the certification agreement
shall be effective.
e. The local government may appeal a denial of certification by the State
Historic Preservation Officer to the Secretary of Interior:
2. Monitoring Certified Local Governments /Process for Decertification /Local
Govemment Appeal.
a. Once a local government is certified, it remains certified without further
action unless officially decertified.
FLORIDA CERTIFIED LOCAL GOVERNMENT GUIDELINES
b. The State Historic Preservation Office shall conduct periodic reviews and
monitoring of Certified Local Governments to assure that each government is
meeting the requirements for certification. Reviews shall be conducted at
least once every four years, but may be conducted more frequently at the
discretion of the State Historic Preservation Officer if deemed appropriate.
Reviews shall be preceded by notice of at least 30 days.
c. The Certified Local Government will supply at least 30 calendar days
advance notice of Commission meetings to the State Historic Preservation,
Officer.
d. A Certified Local Government is responsible for providing the State Historic
Preservation Officer with particular information at frequent intervals. In
addition to advance notice of meetings, Certified Local Governments shall
submit the minutes of each Commission meeting, attendance at Commission
meetings, and appointments to the Commission within 30 days after such
actions. The Certified Local Government shall also inform the State Historic
Preservation Officer about any new historic designations or alterations of
existing designations immediately. Proposed amendments of the local historic
preservation ordinance shall be submitted to the State Historic Preservation
Officer for review and comment at least 30 days prior to the date scheduled
for adoption.
e. The Certified Local Government shall submit an annual report and other
documents as necessary to the State Historic Preservation Officer. The annual
report shall include any amendments to the local historic preservation
ordinance, changes in Rules of Procedure, a summary of Commission
activities including but not limited to the number of proposals reviewed, new
designations, revised resumes, appointments to the Commission, a review of
survey and inventory activity with a description of the system used, as well as
a progress report on grant - assisted activities. The annual report is due by
November 1 and shall cover the previous October 1 - September 30 year. It
will be reviewed by the State Historic Preservation Officer within 30 calendar
days after receipt.
f. The State Historic Preservation Officer shall review expenditures of funds
allocated as historic preservation grants -in -aid pursuant to C.3.,
Transfer of Funds, below.
g. Review of the historic preservation grants -in -aid expenditures, as well as
review of the annual report, shall form the basis of the State Historic
Preservation Officer's evaluation of the Certified Local Government.
h. If the State Historic Preservation Officer's evaluation of a Certified
Local Government indicates inadequate performance, that assessment will
be documented, and ways to improve performance to acceptable levels
shall be delineated by the State Historic Preservation Officer. The Certified
Local Government shall have a sufficient period of usually not less than 30 nor
more than 180 days to implement the improvements. If, at the end of this
period, the State Historic Preservation Officer determines that sufficient
improvement has not occurred, the State Historic Preservation Officer will
recommend decertification of the local government to the Secretary of the
FLORIDA CERTIFIED LOCAL GOVERNMENT GUIDELINES
Interior, citing specific reasons for the recommendation.
i. Local governments may petition the State Historic Preservation Officer to be
decertified voluntarily and without prejudice.
j. Grounds for investigations of decertification shall include revocation of the
local ordinance, failure to comply with provisions incorporated into the local
ordinance, failure to maintain a Commission, failure to maintain a survey and
identification program, failure to provide for adequate public participation
in the local historic preservation program, and failure to keep the State
Historic Preservation Officer informed about Certified Local Govemment
activities and actions.
k. The local government may appeal a decertification decision of the State
Historic Preservation Officer to the Secretary of the Interior. Upon
decertification, the State Historic Preservation Officer shall conduct financial
assistance closeout procedures as specified in The Historic Preservation Fund
Grants Manual.
3. Transfer of Funds.
a. Each Certified Local Government is eligible to request a portion of funds
reserved from Florida's annual Historic Preservation Fund grant
apportionment on a competitive basis. Selection criteria for such
competition will be announced at least two months prior to the grant
selection meeting.
(1) At least ten percent of Florida's annual Historic Preservation Fund Grant
will be reserved for certified local governments.
(2) Any year in which the annual Historic Preservation Fund state grant
appropriation for all states exceeds $65,000,000, one half of the excess
shall also be transferred to Certified Local Governments according to
procedures to be provided by the Secretary of the Interior.
(3) There is no guarantee that Certified Local Governments will receive
Historic Preservation Funds if they apply for such funds. Further, receipt of
historic preservation regrant funding from the Florida State Historic
Preservation Office is not assurance that funds will be available the
following year or that a Certified Local Government will receive grant
funding the following year.
b. Each Certified Local Government which makes application for funds from
Florida's annual Historic Preservation Fund apportionment is required by the
Secretary of the Interior to:
(1) Maintain adequate financial management systems. Local , financial
management systems shall be in accordance with the standards specified
in OMB Circular A-87, "Cost Principles Applicable to Grants and Contracts
with State and Local Governments." Local financial management systems
shall be auditable in accordance with OMB Circular A -133. Local
financial management systems will be periodically evaluated by the State
Historic Preservation Officer.
(2) Adhere to all requirements of the Historic Preservation Fund Grants
Manual.
(3) Adhere to any requirements mandated by Congress regarding the use of
FLORIDA CERTIFIED LOCAL GOVERNMENT GUIDELINES
such funds. The State Historic Preservation Officer will advise Certified
Local Govemments of such requirements and will include a summary of
such information in the materials made available to Certified Local
Governments making application for funds, per C.3.c., below.
c. The requirements listed in C.3.b., above, shall be used by the State as
minimum requirements for local governments receiving Historic Preservation
Funds; they also shall be included in the State's required written grant
agreement with the local government.
d. Certified Local Governments shall make applications for funds described in
Federal Requirements and in C.3.a., above, on the time schedule and using
the procedures identified in Chapter 1 A -35, Florida Administrative Code,
Rules of the Department of State, Historic Preservation Grants -in -Aid (See
Appendix B). As applicants for shares of the reserved portion of Florida's
Historic Preservation Fund annual apportionment, Certified Local
Governments will follow procedures for applying for federal funds identified
in Federal Requirements and in Subsection 1A-35.007, Florida Administrative
Code. Certified Local Governments which are awarded funds under these
rules and during other special application periods allowed for under the
rules will be considered subgrantees of the Florida State Historic Preservation
Office.
e. Funds made available to Certified Local Governments from the reserved
portion of Florida's annual Historic Preservation Fund apportionment shall be
awarded on a competitive basis, per C.3.d., above, for historic preservation
survey and planning, and community education activities. When evaluating
Certified Local Government grant applications, the State shall:
(1) Provide that the amount awarded any applicant must be sufficient to
produce a specific impact.
(2) Ensure that the funds awarded will be sufficient to generate effects
directly as a result of the funds transfer.
(3) Note that requirements for tangible results may not be waived even if
there are many otherwise eligible applicants for the amount set aside for
the Certified Local Governments share.
(4) Ensure that no Certified Local Government will receive a disproportionate
share of the allocation.
f. Submission of an application for a portion of Florida's annual Historic
Preservation Fund apportionment, whether successful or not, shall not
preclude or in any manner disqualify the Certified Local Government making
such application from consideration for other state grant or federal regrant
funds available under the terms of Chapter 1 A -35, Florida Administrative
Code, referenced in C.3.d., above.
g. Historic Preservation regrant funding cannot be matched by other Federal
Program grants, with the exception of Community Development Block Grant
funds, as specified in Section 105(a) (9) of the Housing and Community
Development Act of 1974, P.L. 93 -388. Historic Preservation Fund regrants to
Certified Local Governments must be used for activities which further the
FLORIDA CERTIFIED LOCAL GOVERNMENT GUIDELINES
goals of identification, evaluation, protection, and preservation of cultural
resources.
h. Use of Historic Preservation regrant funding will be subject to all existing
restrictions imposed by the Historic Preservation Fund Grants Manual. In
accordance with the requirements of the manual, indirect costs may be
charged as part of the Certified Local Government grant only if the Certified
Local Government subgrantee meets the requirements of the Manual and
has a current indirect cost rate approved by the cognizant Federal agency.
Otherwise, only direct costs may be charged.
4. Certified Local Govemment Participation in the Florida National Register of Historic
Places Nomination Process.
a. The Commission complements the Florida National Register Review Board in the
review of proposed nominations to the National Register. Sponsors of National
Register nomination proposals located in areas served by a Certified Local
Government shall have their proposals reviewed at the local level. Proposals for
properties in areas not served by a Certified Local Government shall be
reviewed by the Florida National Register Review Board. Nomination proposals
submitted to the State Historic Preservation Officer for consideration by the
Florida National Register Review Board will be reviewed to ascertain if they are
located in an area served by a Certified Local Govemment. If a Certified Local
Government serves the area, the State Historic Preservation Officer shall forward
the nomination proposal to the local Commission.
b. The local Commission will develop or receive the documentation necessary to
nominate properties to the National Register. The Commission shall evaluate
nomination proposals received for completeness in a timely manner. Should the
nomination proposal not be technically complete, the Commission shall notify
the proposal's sponsor in writing, identifying the technical deficiencies, within 30
days after receipt of the nomination proposal. If the nomination proposal is
technically complete, the Commission shall place the item on its agenda for the
next meeting or, should notification provisions outlined in C.4.c., below, make
this impossible, for the earliest possible regular meeting.
c. The Commission shall notify the following of its intention to consider a nomination
proposal. In all cases, such notification shall occur at least 30 days but not more
than 75 days prior to the Commission meeting at which the nomination proposal
will be considered.
(1) Owner(s) of record of the property. The list of owners shall be obtained from
official tax records. Where there is more than one owner on the list, each
separate owner shall be notified.
(2) Appropriate local official(s). In the case of a Commission whose area of
jurisdiction is a county, these will be the Chairman of the Board of County
Commissioners and such other contact persons as may be designated, and
the appropriate local official of a municipality if the property to be
FLORIDA CERTIFIED LOCAL GOVERNMENT GUIDELINES
considered is located within municipal boundaries. In the case of a
Commission whose area of jurisdiction is a municipality, this will include
the appropriate municipal official(s) and the Chairman of the Board of
County Commissioners. Within 30 days after receipt of the nomination
proposal, the appropriate local official(s) shall submit in writing to the
Commission a recommendation as to whether or not the property shall be
nominated to the National Register.
(3) State Historic Preservation Officer.
d. Nomination proposals shall be considered by the Commission at a public
meeting, and all votes on nomination proposals shall be recorded and made a
part of the permanent record of the Commission meeting. All nomination
proposals shall be forwarded, with a record of official action taken by the
Commission and the recommendation of the appropriate local official(s), to the
State Historic Preservation Officer within 30 days after the Commission meeting
at which they were considered. If either the Commission or appropriate local
official(s) or both support the nomination, the State Historic Preservation Officer
shall schedule the nomination proposal for consideration by the Florida National
Register Review Board as part of the normal course of business at the next regular
meeting. The consideration of the nomination will be handled pursuant to
Section 101(a) of the National Historic Preservation Act (and 36 CFR 60).
e. If both the Certified Local Government Commission and appropriate local
official(s) recommend that a property not be nominated to the National Register,
the State Historic Preservation Officer shall take no farther action on the
nomination proposal unless an appeal is filed within 30 calendar days with the
State Historic Preservation Officer. Any reports and recommendations that result
from such a situation shall be included with any nomination proposal submitted
by the State Historic Preservation Officer to the Secretary of the Interior.
f. Any person or organization which supports or opposes the nomination of a
property to the National Register shall be afforded the opportunity to make its
views known in writing. All such correspondence regarding a nomination
proposal shall become part of the permanent record conceming that proposal
and shall be forwarded with approved proposals to the State Historic
Preservation Officer. In the case of disapproved nomination proposals, letters of
support or comment shall be made a part of the permanent record concerning
that proposal, and a list of such letters shall accompany the official copy of the
disapproved nomination proposal when it is forwarded to the State Historic
Preservation Officer, per C.4. above
g. Nomination proposals to be considered by the Commission shall be on file at
Commission headquarters for at least 30 days but not more than 75 days prior to
the Commission meeting at which they will be considered. A copy shall be
made available by mail when requested by the public and shall be made
available at a location of reasonable local public access, such as a local library,
courthouse, or other public place so that written comments regarding a
nomination proposal can be prepared.
h. Appeals. Any person may appeal the decisions of a local Commission. Appeals
shall be directed to the State Historic Preservation Officer in writing within 30
FLORIDA CERTIFIED LOCAL GOVERNMENT GUIDELINES
calendar days of the State Historic Preservation Officer's receipt of the written
decision of the Commission. Nominations or proposals which have
been appealed shall be considered by the Florida National Register Review
Board as part of the normal course of business at its next regular meeting. If the
opinion of the Florida National Register Review Board is that the property or
properties is or are significant and merit nomination to the National Register, the
State Historic Preservation Officer shall notify the Commission, within 30 days after
the National Register Review Board meeting, of its intent to forward the
nomination to the National Register with a recommendation that the property or
properties be listed. The State Historic Preservation Officer reserves the right, as in
the case of any nomination proposal from a source other than a Certified Local
Government, to edit or revise the nomination proposal or request that the sponsor
make necessary revision prior to forwarding the proposal to the National Register.
Other appeal procedures promulgated by the National Park Service, Department
of the Interior, pertaining to local or state actions shall be followed by Certified
Local Governments and by the State Historic Preservation Officer. Decisions of the
State Historic Preservation Officer may be appealed to the National Park Service in
accordance with the procedures in 36 CFR 60.12.
i. Certified Local Government review and notification procedures do not apply when
a Federal agency nominates a property under its ownership or control. Certified
Local Governments are encouraged to coordinate with Federal agencies to the
extent practical, however, in the consideration of such nominations. [36 CFR (c) (d)
provide regulatory guidance regarding Federal reviews and comment periods.)
to
,:. 3 JUL - 9 2012 J
. BY _.)
FLORIDA DEPARTMENT O f STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
July 5, 2012
Mr. Waren Adams
Historic Preservation Planner
Development Department, Planning and Zoning Division
City of Boynton Beach
100 East Boyton Beach Boulevard
Boynton Beach, Florida 33435
Dear Warren,
Thank you for your interest in participating in the Florida Certified Local Government (CLG) Program. I
am pleased to say that your CLG application for the City of Boynton Beach meets state and federal CLG
program guidelines and, pending final determination from the National Park Service, the city will be
designated a Florida Certified Local Government.
Enclosed are two copies of the CLG Agreement which will formalize the city's participation in the
program. Please review the agreement carefully to avoid any misunderstandings of the limitations,
conditions, requirements and provisions it contains. Then:
1. Please have your mayor sign both copies of the agreement,
2. Return both copies to our office for final execution. Do not enter a certification date in the
first paragraph. We will enter the effective date of certification, which is the date the
National Park Service approves the agreement, and return one fully executed copy of the
agreement for retention in your program files.
Thank you again for your interest in the Florida Certified Local Government Program. I am looking
forward to working with you.
Sincerely,
('
Michael Zimny
Certified Local Government Coordinator
Enclosure
41e'"■ DIVISION OF HISTORICAL RESOURCES
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: 850.245.6300 • Facsimile: 850.245.6436 • www.flheritage.com
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