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Agenda 10/24/2017 Item #16D 910/24/2017 EXECUTIVE SUMMARY Recommendation to authorize the removal, donation, and curation of archeological and historical artifacts unearthed at Otter Mound Preserve during Hurricane Irma by utilizing the Florida Public Archaeological Network for collection and State reporting requirements and the Marco Island Historical Society as the recipient and curator of donated artifacts. OBJECTIVE: To allow the collection, donation, and curation of archeological and historical artifacts that may be located within the root balls and on the surface of the soil under the root balls of large trees which were downed during Hurricane Irma. CONSIDERATIONS: The Conservation Collier Program is a county-wide conservation and land acquisition program funded by ad valorem tax collection between 2003 and 2013. Conservation Collier acquired the bulk of the Otter Mound Preserve in July 2004 and the remainder in June 2007. A Final Land Management Plan was developed and approved by the Board in January 2008 and updated with Board approval in 2014. Otter Mound Preserve is a small part of the Caxambas Point archeological site (8CR107), which was once a 70-80-acre complex of shell features constructed by the Calusa. There is no plan for ground-disturbing activities at Otter Mound Preserve to search for artifacts. Hurricane Irma blowing over large trees and exposing root balls and soils provides a one-time opportunity to collect and preserve items that were previously buried and may be important Calusa artifacts. Artifacts have been observed by staff in the exposed root balls and disturbed soils under the root ball and appear to consist of pottery shards and shell tools. Goal 4 in the original and updated Land Management Plans is to “protect archeological, historical and cultural resources” at the site. The following language describes the requirements for the collection of artifacts as identified on page 44 of the Otter Mound Final Management Plan (2014). “The management of the resources present on Otter Mound Preserve will comply with the provisions of Chapter 267, Florida Statutes, specifically Sections 267.061 2 (a) and (b). The collection of artifacts or the disturbance of the archaeological and historic sites within the preserve shall be prohibited unless prior authorization has been obtained from the Collier County Board of County Commissioners and the Department of State, Division of Historical Resources.” The Florida Department of State has reviewed the proposal to collect artifacts from the exposed roots or other damaged areas and has advised staff by letter that no permit is necessary but that the proposed methods of collection meet professional and ethical standards for such a permit that would be required if the artifacts were on State-owned property (approval letter attached). Section 2.03.07.2.ii of the Collier County Land Development Code requires certain procedures to be implemented when archeological artifacts or other indicators are found by staff (excerpt attached). The site has been cordoned off and appropriate staff has been notified. The Historical and Archeological Preservation Board (HAPB) will review the proposed collection at its scheduled 10/18/17 public meeting. The Florida Public Archeology Network (FPAN) has offered to manage the onsite investigation using Certified Archeologists to examine the root balls and resulting exposed soils for exposed artifacts in compliance with provisions of Chapter 267, Florida Statutes, specifically Sections 267.061 2 (a) and (b) (attached). They will prepare the appropriate report that can be provided to staff, the State, and to the HAPB. 16.D.9 Packet Pg. 715 10/24/2017 The curator of the Marco Island Historical Society, Inc. (MIHS) has offered to participate in the collection of the artifacts, and to accept and curate any artifacts retrieved as a donation for display at the Marco Island Museum. FISCAL IMPACT: There is no fiscal impact associated with this item. GROWTH MANAGEMENT: There is no growth management impact. LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires a majority vote for Board approval. -JAB RECOMMENDATION: To approve and authorize a one-time collection of artifacts at Otter Mound Preserve from exposed root balls and exposed soils underneath by FPAN and MIHS, and the donation of any retrieved artifacts to the MIHS for purposes of curation, research and museum display. Prepared by: Alexandra Sulecki, Principal Environmental Specialist, Parks and Recreation Division ATTACHMENT(S) 1. Florida Department of State collection approval letter (PDF) 2. Land Development Code Section 2.03.07.2.ii (PDF) 3. State Statute Artifacts 267.061 (PDF) 16.D.9 Packet Pg. 716 10/24/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.9 Doc ID: 3913 Item Summary: Recommendation to authorize the removal, donation and curation of archeological and historical artifacts unearthed at Otter Mound Preserve during Hurricane Irma by utilizing the Florida Public Archeological Network for collection and State reporting requirements and the Marco Island Historical Society as the recipient and curator of donated artifacts. Meeting Date: 10/24/2017 Prepared by: Title: Operations Analyst – Parks & Recreation Name: Matthew Catoe 10/10/2017 10:49 AM Submitted by: Title: Division Director - Parks & Recreation – Parks & Recreation Name: Barry Williams 10/10/2017 10:49 AM Approved By: Review: Public Services Department Todd Henry Additional Reviewer Skipped 10/10/2017 10:56 AM Parks & Recreation Ilonka Washburn Additional Reviewer Completed 10/10/2017 11:32 AM Parks & Recreation Barry Williams Additional Reviewer Completed 10/10/2017 11:38 AM Operations & Veteran Services Sean Callahan Additional Reviewer Completed 10/10/2017 1:35 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 10/10/2017 2:18 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 10/10/2017 2:36 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 10/11/2017 11:43 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/11/2017 2:19 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/12/2017 8:11 AM Budget and Management Office Ed Finn Additional Reviewer Completed 10/12/2017 12:25 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/16/2017 7:48 AM Board of County Commissioners MaryJo Brock Meeting Pending 10/24/2017 9:00 AM 16.D.9 Packet Pg. 717 RICK SCOTT Governor KEN DETZNER Secretary of State Division of Historical Resources R.A. Gray Building • 500 South Bronough Street• Tallahassee, Florida 32399 850.245.6300 • 850.245.6436 (Fax) • FLHeritage.com October 5, 2017 Sara Ayers-Rigsby, MA, RPA Director, Southeast/Southwest Region Florida Public Archaeology Network Florida Atlantic University Anthropology Department Dear Ms. Ayers-Rigsby, I have reviewed your proposal to collect artifacts from the exposed roots or other damaged areas at Otter Mound. The archaeological site is managed by Collier County and therefore, this project does not require a 1A-32 permit. However, the proposed methods of collection meet the professional and ethical standards required for issuance of a 1A-32 permit to conducted salvage collection on State owned land. I am happy to talk with anyone from Collier County to answer questions or address any concerns they may have as they review your proposal and make their decision on permitting. I can be contacted via email at paulette.mcfadden@dos.myflorida.com, or by phone at 850-245-6549. Best regards, Paulette S. McFadden, PhD Senior Archaeologist Bureau of Archaeological Research Attachment 1 16.D.9.a Packet Pg. 718 Attachment: Florida Department of State collection approval letter (3913 : Artifacts Collection at Otter Mound Preserve) Land Development Code (LDC) Section 2.03.07.2.ii that applies when there is a discovery of historical or archaeological artifact or other indicator is found by staff. 1. The project review staff shall cordon off the immediate area and contact the County Manager or designee (Fred Reischl). 2. The identified area shall be further cordoned off at a point ten feet from the perimeter of the site as discovery identified by a certi fied archaeologist, contracted by the property owner/developer. 3. The certified archaeologist shall assess the identified area and determine whether it is significant based on criteria outlined in subsection n. a. If the identified area is determined to be significant, an historical/archaeological survey and assessment for the entire project shall be prepared by a certified archaeologist if one has not been completed as required by this division. Recommendations der ived from the historical/archaeological survey and assessment shall be considered for incorporation into the applicable development order. If an historical/archaeological survey and assessment has been prepared in accordance with section E, the recommendat ions shall be modified and incorporated into the local development order to reflect the additional areas. b. If the identified area is determined not to be significant, the certified archaeologist shall complete a preliminary survey of the entire site. Any areas determined to be significant during the preliminary survey shall be subject to the requirements detailed in section ii, item iii. a. 4. Land areas in close proximity and encompassing areas deemed to have historical/archaeological significance based on criteria in subsection n shall be considered by the preservation board for addition to the map of areas of historical/archaeological probability. The certified archaeologist shall prepare a report outlining the results of his assessment and provide a copy to the County Manager or designee. The County Manager or designee shall provide a copy of the report to the preservation board members. Attachment 2 16.D.9.b Packet Pg. 719 Attachment: Land Development Code Section 2.03.07.2.ii (3913 : Artifacts Collection at Otter Mound Preserve) Select Year:   2017 Go The 2017 Florida Statutes Title XVIII PUBLIC LANDS AND PROPERTY Chapter 267 HISTORICAL RESOURCES View Entire Chapter 267.061 Historic properties; state policy, responsibilities.— (1) STATE POLICY RELATIVE TO HISTORIC PROPERTIES.— (a) The rich and unique heritage of historic properties in this state, representing more than 10,000 years of human presence, is an important legacy to be valued and conserved for present and future generations. The destruction of these nonrenewable historical resources will engender a significant loss to the state’s quality of life, economy, and cultural environment. It is therefore declared to be state policy to: 1. Provide leadership in the preservation of the state’s historic resources; 2. Administer state-owned or state-controlled historic resources in a spirit of stewardship and trusteeship; 3. Contribute to the preservation of non-state-owned historic resources and to give encouragement to organizations and individuals undertaking preservation by private means; 4. Foster conditions, using measures that include financial and technical assistance, for a harmonious coexistence of society and state historic resources; 5. Encourage the public and private preservation and utilization of elements of the state’s historically built environment; and 6. Assist local governments to expand and accelerate their historic preservation programs and activities. (b) It is further declared to be the public policy of the state that all treasure trove, artifacts, and such objects having intrinsic or historical and archaeological value which have been abandoned on state- owned lands or state-owned sovereignty submerged lands shall belong to the state with the title thereto vested in the Division of Historical Resources of the Department of State for the purposes of administration and protection. (2) RESPONSIBILITIES OF STATE AGENCIES OF THE EXECUTIVE BRANCH.— (a) Each state agency of the executive branch having direct or indirect jurisdiction over a proposed state or state-assisted undertaking shall, in accordance with state policy and prior to the approval of expenditure of any state funds on the undertaking, consider the effect of the undertaking on any historic property that is included in, or eligible for inclusion in, the National Register of Historic Places. Each such agency shall afford the division a reasonable opportunity to comment with regard to such an undertaking. (b) Each state agency of the executive branch shall initiate measures in consultation with the division to assure that where, as a result of state action or assistance carried out by such agency, a historic property is to be demolished or substantially altered in a way which adversely affects the character, form, integrity, or other qualities which contribute to historical, architectural, or archaeological value of the property, timely steps are taken to determine that no feasible and prudent Page 1 of 2Statutes & Constitution :View Statutes : Online Sunshine 10/6/2017http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=... Attachment 3 16.D.9.c Packet Pg. 720 Attachment: State Statute Artifacts 267.061 (3913 : Artifacts Collection at Otter Mound Preserve) alternative to the proposed demolition or alteration exists, and, where no such alternative is determined to exist, to assure that timely steps are taken either to avoid or mitigate the adverse effects, or to undertake an appropriate archaeological salvage excavation or other recovery action to document the property as it existed prior to demolition or alteration. (c) In consultation with the division, each state agency of the executive branch shall establish a program to locate, inventory, and evaluate all historic properties under the agency’s ownership or control that appear to qualify for the National Register. Each such agency shall exercise caution to assure that any such historic property is not inadvertently transferred, sold, demolished, substantially altered, or allowed to deteriorate significantly. (d) Each state agency of the executive branch shall assume responsibility for the preservation of historic resources which are owned or controlled by such agency. Prior to acquiring, constructing, or leasing buildings for the purpose of carrying out agency responsibilities, the agency shall use, to the maximum extent feasible, historic properties available to the agency. Each agency shall undertake, consistent with the preservation of such properties, the mission of the agency, and the professional standards established pursuant to s. 267.031(5)(k), any preservation actions necessary to carry out the intent of this paragraph. (e) Each state agency of the executive branch, in seeking to acquire additional space through new construction or lease, shall give preference to the acquisition or use of historic properties when such acquisition or use is determined to be feasible and prudent compared with available alternatives. The acquisition or use of historic properties is considered feasible and prudent if the cost of purchase or lease, the cost of rehabilitation, remodeling, or altering the building to meet compliance standards and the agency’s needs, and the projected costs of maintaining the building and providing utilities and other services is less than or equal to the same costs for available alternatives. The agency shall request the division to assist in determining if the acquisition or use of a historic property is feasible and prudent. Within 60 days after making a determination that additional space is needed, the agency shall request the division to assist in identifying buildings within the appropriate geographic area that are historic properties suitable for acquisition or lease by the agency, whether or not such properties are in need of repair, alteration, or addition. (f) Consistent with the agency’s mission and authority, all state agencies of the executive branch shall carry out agency programs and projects, including those under which any state assistance is provided, in a manner which is generally sensitive to the preservation of historic properties and shall give consideration to programs and projects which will further the purposes of this section. (3) DEPARTMENT OF MANAGEMENT SERVICES.—The Department of Management Services, in consultation with the division, shall adopt rules for the renovation of historic properties which are owned or leased by the state. Such rules shall be based on national guidelines for historic renovation, including the standards and guidelines for rehabilitation adopted by the United States Secretary of the Interior. History.—s. 6, ch. 67-50; ss. 10, 25, 35, ch. 69-106; s. 5, ch. 81-173; s. 19, ch. 83-216; s. 2, ch. 85-281; s. 47, ch. 86-163; s. 2, ch. 87-33; s. 1, ch. 88-351; s. 1, ch. 90-259; s. 243, ch. 91-224; s. 2, ch. 92-61; s. 197, ch. 92-279; s. 55, ch. 92-326; s. 3, ch. 94-190; s. 108, ch. 94-356; s. 854, ch. 95-148; s. 3, ch. 95-235; s. 9, ch. 96-418; s. 7, ch. 97-68; s. 4, ch. 2001-199. Copyright © 1995-2017 The Florida Legislature • Privacy Statement • Contact Us Page 2 of 2Statutes & Constitution :View Statutes : Online Sunshine 10/6/2017http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=... Attachment 3 16.D.9.c Packet Pg. 721 Attachment: State Statute Artifacts 267.061 (3913 : Artifacts Collection at Otter Mound Preserve)