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HAPB Agenda 01/21/2022
c'-Oftr C 014"ty AGENDA COLLIER COUNTY HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD WILL MEET AT AM, FRIDAY, January 21, 2022 AT THE COLLIER COUNTY GROWTH MANAGEMENT DEPARTMENT — DIVISION OF PLANNING & ZONING, CONFERENCE ROOM 610, LOCATED AT 2800 NORTH HORSESHOE DRIVE, NAPLES, FLORIDA. NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Any person in need of a verbatim record of the meeting may request a copy of the audio recording from the Collier County Growth Management Division Department of Planning and Zoning. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE HAPB WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. 1. ROLL CALL/ATTENDANCE 2. ADDENDA TO THE AGENDA 3. APPROVAL OF THE AGENDA 4. APPROVAL OF MINUTES: December 17, 2021 5. OLD BUSINESS: A. Interlocal Agreement with the City of Marco Island B. Indian Hill Site on Marco Island C. Rosemary Cemetery (Plot W) historic designation D. Vacancy status 6. NEW BUSINESS: 7. REVIEW OF PROJECT AND ACTIVITY LOG: 8. PUBLIC COMMENTS: 9. HAPB COMMENTS: 10. ADJOURNMENT: Active Item HAPB Hearing Dates HAPB/Staff Comments 1 Interlocal 9/18/20 At March HAPB, vote was received to submit the letter and it will be Agreement 11/20/20 signed by Austin Bell and proper offices, and then it will be submitted. with the 2/19/21 Zoning Manager stated the Attorney's office will start on it. At April City of 3/19/21 HAPB, Mr. Bellows confirmed that the letter has been submitted to the Marco 4/16/21 City and we are waiting for their response. At August HAPB, Mr. Bell Island 8/20/21 noted a letter (attached in this meeting's packet) had been sent from 10/15/21 the Marco Island Historical Society to the Marco Island City Council 12/17/21 providing alternatives for the assessment of Marco's historical resources, specifying the benefits of an agreement. Mr. Erjavec mentioned the meetings he had with Marco Island staff and City Council regarding preservation. Mr. Bellows elaborated on the procedures supporting such an agreement. At September HAPB, Mr. Bellows reported that the agreement will likely need participation with County Manager. At October HAPB, Board discussed how this will need to satisfy the City's and County's expectations for processing land use applications and how the City's Probability Map may need to be updated. They also spoke of how existing Interlocal Agreements, including Everglades City could be used as a reference. Mr. Bellows mentioned inviting a representative of the City as this is driven by it. At December HAPB, there was discussion between the Chair, Board members, County Attorney, and Planning & Zoning Division Director regarding this issue, on why reaching an agreement is necessary, how it can be reached and why the attendance of a representative from the City is instrumental for its progress. The attendance of a representative for this meeting was cancelled due to a conflict of scheduling. The City is not a Certified Local Government (CLG) — a government with a historic preservation ordinance. 2 Indian 3/19/21 In March, The HAPB indicated that this site is a good example of why an Hill Site 4/16/21 interlocal agreement would be helpful. Chair stated they are on Marco 5/21/21 attempting to organize what they can do with the status. It is a burial Island 8/20/21 ground which has had many disturbances. There is a lot of activity and 10/15/21 it is getting bigger. The damage is done and now they need to decide 12/17/21 how to proceed with preservation. Will attempt to have conversations with nonprofits about how to preserve it. At April HAPB, Mr. Erjavec noted why the site is of historic significance. Mr. Bellows suggested to contact the City to see what can be done from a growth management standpoint. Mr. Erjavec agreed to do this and suggested the Board pursue it at next HAPB. At May HAPB, Chairman Erjavec provided an update, noting a 2,000 year old burial site as well as other sites with historic relics. HAPB will wait on City of Marco Island's response to the agreement letter before pursuing preservation. At August HAPB, Mr. Erjavec noted he visited the site with representatives of Audubon of the Western Everglades. He remarked that City of Marco Island has recognized the need to preserve the area. At September HAPB, Mr. Erjavec noted the site has been proposed for acquistion through the Conservation Collier program. At October HAPB, it was recognized that these preservation efforts are supported by environmental advocates and Council Member Rich Blonna. Actions for acquisition of the properties are being pursued. At December HAPB, there was discussion of the roles of Conservation Collier and the Audubon Society with their interests of properties on Marco. This item is affected by the results of the Interlocal Agreement with the Citv. 3 Rosemary 11/20/20 At March HAPB, Museum Director (Ms. Townsend) reported there is no Cemetery 2/19/21 real movement, but had a conversation with with County Attorney. She at 3/19/21 says they would consider a quit claim to transfer the property and that Goodlette 4/16/21 the County owns Plot B and are trying to get ownership of Plots W and /Pine Ridge 5/21/21 N. At April HAPB, it has been determined that County Attorney is Road (Plot 8/20/21 comfortable moving forward with a quit claim deed. Museum Director W) Historic 10/15/21 stated their next task is to create a business plan for the County Designation 12/17/21 Manager's review. At May HAPB, Museum Director reported the existence of a cemetery now largely developed and under private ownership. The County owns Unit B (Plot W) and is trying to obtain title to Units W and N. The last historical record was a survey conducted in 1966. At August HAPB, this item was continued to the next meeting. At September HAPB, Ms. Townsend reported they are moving forward with building a case for the acquisition of the property and discussed funding for property surveys, fencing, and repair of headstones. At October HAPB, Ms. Townsend reported the ownership, management, land, cost estimates for the work, and known history of the cemeteries. A member of the local NAACP attended and provided a letter expressing support. At December HAPB, Museum Director was not in attendance but left a message which was read giving an update of the BCC's recent approval in concept of Plots W and N in December. The museums will work with real estate services for acquisition, and then will need a second BCC approval. 4 Vacancy 12/17/21 James Bennett (Engineering) Board member resigned prior to December HAPB. Vacancy has been posted and the Board will review applications at the next meeting. COLLIER COUNTY HISTORIC AND ARCHAEOLOGICAL PRESERVATION BOARD PROJECT & ACTIVITY TRACKING LOG (Revised on 11612022) Projects: PETITION PETITION ACCEPTED REVIEW COMMENT RESUB DATE SECOND HAPB HEARING BCC DATE HAPB/STAFF COMMENTS NUMBER TYPE DATE DUE DATE LETTER SENT REVIEW DATES ACTIVE ITEMS 11/20/20 See Staff summary of HAPB commentary on Active Items. 2/19/21 3/19/21 Rosemary Cemetery at 4/16/21 1 Goodlette/Pine Ridge Road N/A N/A N/A N/A N/A N/A N/A N/A 5/21/21 (Plot W) Historic Designation 8/20/21 10/15/21 12/17/21 See staff summary of HAPB commentary on Active Items. 3/19/21 4/16/21 5/21/21 2 Indian Hill Site on Marco Island N/A N/A N/A N/A N/A N/A N/A N/A 8/20/21 10/15/21 12/17/21 See Staff summary of HAPB commentary on Active Items. 9/18/20 11 /20/20 2/19/21 Interlocal Agreement with the 3/19/21 3 N/A N/A 6/8/11 N/A N/A N/A N/A N/A City of Marco Island 4/16/21 8/20/21 10/15/21 12/17/21 See Staff summary of HAPB commentary on Active Items. 4 HAPB Vacancy Status N/A N/A N/A N/A N/A N/A N/A 12/17/21 N/A COMPLETED PROJECTS At August HAPB, Mr. Erjavec and Mr. Thompson were both voted unanimously 5-0 for reappointment. Staff is following procedures for these actions and will report on progress. A waiver of the term limit requirement for 1 HAPB member appointments N/A N/A N/A N/A N/A N/A N/A 8/20/21 9/14/21 Mr. Erjavec's reappointment will be taken to BCC. At September HAPB, Mr. Bellows reported the voted members were re -appointed. COLLIER COUNTY HISTORIC AND ARCHAEOLOGICAL PRESERVATION BOARD z Everglades Society for Historic Preservation (ESHP) business plan for the Bank of Everglades (BOE) building N/A N/A N/A N/A N/A N/A N/A 8/20/21 N/A ESHP members Kathleen Brock and Patricia Huff presented their business plan at August HAPB for the BOE building and asked for an endorsement of the project from HAPB. HAPB requested a letter be prepared for next meeting's agenda. At September HAPB, Chairman Erjavec reported he signed the letter for it, which was authorized at the August meeting. Board Chair (Mr. Erjavec) in March HAPB said he spoke with the management company and they were going to reach out to their board and get back to him. He will make another call to them. At April HAPB, Mr. Erjavec reported no contact has been made. Mr. Erjavec 10/19/01 requested Mr. Bellows to provide a plot or other documentation so the City 2/15/12 can take responsibility for the signage and will look at a budget to discuss 9/18/13 future plans and actions next month. At May HAPB, Board Chair reported he 3 Horse Creek Estates Historic N/A HD N/A N/A N/A N/A N/A 11/20/20 N/A visited the preserve site last week located on Old Tamiami Trai in the Horse Marker & Designation 2/19/21 Creek development. Noted in discussion was its natural beauty, status as a 3/19/21 tortoise sanctuary, compliance with HOA for preservation, and interest in 4/16/21 retaining it as a walking trail. Chair moved to take it off the activity log and 5/21/21 elaborate on the next update to the HAPB Historic Sites Brochure; carried unanimously 7-0. At March HAPB, Staff to discuss with HAPB Chair outcome of latest approval in March of Gladyvette Benarroch regarding comments from County Attorney. At April HAPB, motion carried 4 in favor, 1 opposed to renominate James 2/19/21 Bennett to fill the Board vacancy. 4 HAPB Vacancy Status N/A N/A N/A N/A N/A N/A N/A /19/21 N/A COLLIER COUNTY HISTORIC AND ARCHAEOLOGICAL PRESERVATION BOARD At March HAPB, Museum Director said she will not put this off any longer and she has emailed the architect plans. She will have more information at next meeting. Chair said he'd vote on it next meeting. This project includes three small cottages which need to be restored. See comprehensive plan in meeting materials. At April HAPB, Museum Director made 11/20/20 a presentation regarding the site, and stated an architect was hired for site Mar -Good Harbor Park 2/19/21 assessment, report, and recommendations, then requested the Board 5 cottages COA N/A N/A N/A N/A N/A N/A N/A 3/19/21 N/A approve the Certificate of Appropriateness. Board approved 5-0. 4/16/21 6 Immokalee Solar Farm Cultural PL202000 Cu 2/19/21 Approved unanimously 4-0 @ HAPB 3/19/2021. All reviews approved; Assessment 01865 3/19/21 CityView Status: Hearing Process - Open for Uploads Seminole Trail Government PL201900 Approved unanimously 4-0 @ HAPB 3/19/2021. CityView Status: Resubmit - 7 Center Cultural Resource 00360 Cu 3/19/21 Open for Uploads Survey and Assessment 8 Roberts Ranch COA N/A Application is pending. 9 Historic Guide 2019/2020 N/A N/A N/A N/A N/A N/A N/A N/A N/A The printed copied have been delivered. Staff is working to distribute of other Update County agencies. Rivergrass Village SRA PL201900 SRA Overview on next meeting. i o (Formally Town of Rural Lands 00044 (Village) 2/7/19 03/07/19 N/A N/A N/A N/A 2/25/20 West) 11 Historic Guide N/A N/A Done Done Done Done Done 12/19/12 N/A Completed; Distributing Copies from the second printing PL- The HABB recommended approval of the historic designation application. 12 Pepper Ranch Hunting Lodge 20160000 HD N/A N/A N/A N/A N/A 1/20/16 12/12/17 The BCC designated the structure historic with the adoption of Resolution 17- 438 248 The BCC approved Resolution No: 08-139. The HAPB subsequently issued a 13 The Bula Mission AR-2008- HD 2/29/08 3/14/08 3/15/08 N/A N/A 11/21/07 5/13/08 COA to demolish the structure since it was deemed unsafe. The mission was 12981 demolished in 2011. 14 JT's Island Store AR-2008- HD 2/29/08 3/14/08 3/15/08 N/A N/A 11/21/07 5/13/08 The BCC approved Resolution No: 08-138 12980 15 Nehrling's Tropical Garden AR-2007- HD 6/5/07 6/19/07 9/19/2007 N/A N/A 3/21/07 10/28/08 The BCC approved Resolution No: 08-317 11828 Hart Cottage on Keewaydin AR-2006- HD 11/15/06 The BCC approved Resolution No: 07-150; The HAPB voted to approve a 16 Island [Fascher House] 10449 COA 9/7/06 9/21/06 9/22/2006 4/18/2007 5/2/2007 7/18/12 6/12/07 COA allowing the owner to demolish the subject condemed historic structure. 17 North Naples Country Club AR-2003- HD 2/29/03 3/29/03 3/29/03 4/6/2003 4/16/2003 4/16/03 5/21/03 The HAPB voted 4 to 0 to reject the application for Historic Designation 4796 COLLIER COUNTY HISTORIC AND ARCHAEOLOGICAL PRESERVATION BOARD 18 Robert's Ranch (Tract D) AR-2001- HD 1/19/01 5/8/01 The BCC approved Resolution No: 01-180 0404 19 Stewards of Heritage Award N/A N/A N/A N/A N/A N/A N/A N/A N/A The Florida Archaeological Council award to HAPB 20 Old Marco Inn HD-98-1 HD 3/10/98 3/10/1998 N/A N/A 4/17/98 8/10/98 The City of Marco Island approved Resolution Number: 98-24. 21 Old Marco Inn Redevelopment COA-2018 COA 3/18/18 4/18/2018 N/A N/A 4/18/18 N/A A site visit was held on 3-21-18 and the HAPB subsequantely approved a Plans 01 COA for the proposed changes to the inn. Morris Property - 151 The BCC denied the request by the HAPB to designate an archaeological 22 Smallwood Drive (Initiated by HD-97-02 HD 05/29/97 6/20/97 9/22/97 N/A N/A 10/24/97 1/27/98 shell work as locally significant because the site was previously impacted by the HAPB) development and the property opposed designation. 23 Roberts Ranch (Tract E) HD-97-01 HD 06/02/97 7/2/97 7/3/97 N/A N/A 5/9/97 9/16/97 The BCC approved Resolution No: 97-358 24 Captain John Horr's Residence HD-95-1 HD 2/10/95 3/13/95 3/13/95 10/3/1995 11/3/1995 3/13/95 1/16/96 The BCC approved Resolution No: 96-20. The site was also placed on the National Register of Historic Places. 25 Ochopee Post Office HD-94-1 HD 6/16/94 7/16/94 7/20/94 N/A N/A 8/17/94 9/27/94 The BCC approved Resolution Number: 94-706 26 Rosemary Cemetery HD-93-3 HD 11/8/93 11/23/93 11/23/93 N/A N/A 9/10/93 12/21/93 The BCC approved Resolution Number: 93-614 27 Margood Park Historic AR-2006- HD 10/18/06 11/15/06 12/20/06 1/17/2007 2/28/2007 6/18/14 1/13/15 The BCC designated as an historic site with the adoption of Resolution Designation 10679 Number: 2015-15 28 Ted Smallwood's Store HD-93-2 HD 6/22/93 7/15/93 8/4/93 N/A N/A 8/13/93 9/13/93 The BCC approved Resolution Number: 93-387 The BCC approved Resolution Number 93-230; A COA was approved to 29 Weaver's Station HD-93-1 HD 9/10/93 9/15/93 5/15/93 N/A N/A 5/25/93 6/8/93 allow a museum addition but the structure was destroyed by Hurricane Andrew. 318 Mamie Street Historic HAPB The HAPB voted not to recommend that the subject property be designated 30 Designation (Initiated by the N/A HD Notice N/A N/A N/A N/A 5/20/15 N/A since the property owner opposed the designation and because the site was HAPB) Letter previously impacted by development. The applicant has been informed of this decision. 31 Update the H/A Probability N/A N/A N/A N/A N/A N/A N/A 1/17/20 N/A The HAPB approved the updated maps during their 1/17/20 meeting Maps - 2020 Add H/A Probability Maps to 32 the County's GIS - Update N/A N/A N/A N/A N/A N/A N/A 3/19/14 & N/A The H/A Probability Map data has been added to the GIS database for staff 2019 use. Map updated to include Florida Master Site data. Maps Ail err-_ RECEIVED ® MAY 2 4 2021 0 MIHS Marco Island Historical. Soeiet5 MIHS Board of May 19, 2021 Directors Mr. Jared Grifoni, Chairman Marco Island City Council Mike O'Rourke 50 Bald Eagle Drive President Marco Island, FL 34145 David Lupo SUBJECT: City of Marco Island & Interlocal Agreement with Collier County President -Elect Dear Mr. Chairman: Mary Beth Cummings Secretary With the greatest respect to the recognized autonomy of the City of Marco Island and the self-government choice by the residents of Marco Island, the Marco Island Historical Donna Senica Society kindly requests your consideration of said subject. Treasurer There is a host of precious historical and archeological assets in Collier County, and the Ronald J. Saffin same certainly exists in the City of Marco Island. It is clear that the residents of Marco Ass't. Treasurer appreciate the community's expansive history as well as the importance of maintaining awareness of that history. Development is rapidly occurring throughout the county, and Neil Bretthauer while many people agree that development has an important role in a community's evolution, it is also critical to ensure that fair and reasonable assessments of Marco's Tom Britten historical resources are in place as future development emerges. Linda Cassens There are four (4) approaches to achieve this. One is to do nothing, as is currently the Tish Champagne case. This does not address the existence of historical assets in Marco; doing nothing may be contrary to municipal statutes requiring review of such assets. A second Bertil Engh approach is to form a Certified Local Government (CLG) through a State of Florida process (which would require dedicated City staff time). The third is to form an Sharon Lockwood Interlocal Agreement with Collier County which would authorize the existing Historical & Archeological Preservation Board (HAPB) to oversee such assessments. And the Jeff Lutz fourth approach is to ask that all reviews go through the State of Florida. Allyson Richards Given the expertise available to the HAPB and the acknowledgement of Marco Island's vast historical importance, we believe that the third option, an Interlocal Agreement Myrt Rose between the City of Marco Island and the Collier County Government, would be the best alternative. An Interlocal Agreement would benefit Marco Island for several reasons. Jory Westberry 1. Marco's Charter -Code -Comprehensive Plan requires some review of the City's historical assets by a State of Florida -qualified preservation board, Patricia Rutledge and a CLG would fulfill that requirement. The County is already a Executive Director Certified Local Government (note the municipal statutes here (a) comp plan requirement, and (b) CLG designation); 2. There would be a palpable financial burden for the City of Marco Island to create and maintain a CLG itself, as opposed to forming an interlocal agreement with Collier County; Preserving the History and Heritage of our Community-. aF MIHS Marco Island Historical SocictG Mr. Jared Grifoni, Chairman Page 2 May 19, 2021 3. Residents of Marco Island could participate on the HAPB to weigh in on various reviews (some currently serve on this Board); 4. The historical and archeological assets of the community would have a chance to be preserved; 5. Grant opportunities for preservation projects, such as Small Matching Grants, would be available; 6. Marco Island would retain its autonomy and self-government, as Interlocal Agreements are common resource -sharing tools. We believe that an Interlocal Agreement with the Collier County Government should be considered as a way to review the City's historical assets prior to development. If the Marco Island City Council prefers this request to be managed through a City Council Workshop, where a full presentation could be arranged, that is something we can facilitate as well. Thank you for your time to consider this great opportunity. We look forward to hearing from you. Sincerely, LLJ�,)10 � Michael J. 0 ROL? ke President Marco Island Historical Society Patricia A. Rutledge Executive Director Marco Island Historical Society Austin J. Bell Curator of Collections Marco Island Historical Society cc: Members of the Marco Island City Council INSTR 4902607 OR 4975 PG 2034 RECORDED 10/15/2013 4:58 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $27.00 INTERLOCAL AGREEMENT OTTER MOUND PRESERVE First Extension THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into this 8th day of October 2013,,y and between Collier County, a political subdivision of the State of Florida ("Couny" `; and the City of Marco Island, a municipal corporation ("City"). ye RECITALS: WHEREAS, Collier unty Ordinance No. 02-63, authorizes the County to enter into a written mutual agree �t�� for management arrangements and responsibilities with municipalities, for the anagement and maintenance of land; and WHEREAS, the Otter 1f�©ujnd Preserve ("Preserve") is located within the City on Addison Court and owned by the aunty; and WHEREAS, the Preserve WHEREAS, the Preserve will t conservation, protection and enha WHEREAS, public outdoor recreation all the conservation, protection and enhan lands; and I and archaeological artifacts; and to the public and managed only for the 3ftnatural and historical resources; and the Preserve will be compatible with If the Preserve and its surrounding WHEREAS, Preserve management duties shdli �b#� the shared responsibility of the County and the City. ' NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS: Section 1. Obligations of the Parties, A. The City's Obligations: 1. The City shall be responsible for maintaining the right of way adjacent to the Preserve. Maintenance shall include, but not be limited to, mowing the grass within the right of way as deemed necessary by City Code Enforcement personnel. Maintenance of the right of way shall not include vegetation trimming around or restoration of the historic shell wall terracing. The City shall not use any sort of weed whacking or mowing device within one foot of the historic shell wall terracing or existing trees. 2. The City shall provide routine Police patrols of the Preserve. RE OR 4975 PG 2035 3. The City will provide assistance and cooperation to the County when applying for future grants. 4. The City will monitor and make recommendations as needed for Wildlife Habitat Enhancement. B. The County's Obligations: 1. Th - ounty shall be responsible for maintaining the historic shell wall teading:I Maintenance shall include, but not be limited to, vegetation tnmrini 660 vegetation removal. 2. The Conty will create a parking area to allow for the parking of three vehicles. 3. The County` shall: ensure the removal of invasive exotic vegetation from the Preserve as efirled in the County Land Development Code. The County shall also ersurd,that the Preserve remains free of invasive exotic vegetation in perpturty::, 4. The County will mainta� thePreserve in a manner that will allow for public use of the site. 5. The County will install a perm nt °'Otter Mound Preserve" sign. 6. The County will remove trash from t rash receptacles as necessary. Section 2. 1. Written notice between the parties, if and whenropriate, shall be given to the parties at the following addresses or such other person or place as each party shall designate by similar notice. As to Collier County: Alexandra Sulecki, or current Coordinator Conservation Collier Progra � � " Parks and Recreation AdministnatioEuilding 15000 Livingston Road Naples, FL 34109 -. As to Marco Island: Dr. James Riviere City Manager, City of Marco Island 50 Bald Eagle Dr. Marco Island, FL 34145 2. Each party agrees that it shall be solely responsible for its employees, contractors or agents with regard to the rights, duties, and obligations created hereby. However nothing herein shall constitute a waiver by either party of its sovereign immunity and other limitations of liability, if any, set forth in Section N *** OR 4975 PG 2036 *** 768.28, Florida Statutes. There are no third party beneficiaries to this Interlocal Agreement. 3. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. The County shall incur all costs of recording this Agreement. A copy ofAhe recorded document will be provided to the City within fifteen (15) days of'eordation. 4. The agreement hall be in effect for five years after the effective date and may be extended b6) " "f ve years by written acknowledgement of both parties. IN WITNESS WHEREOF, the parties hereto have executed this Interlocal Agreement the day and year first above vritten. This agreement becomes effective on the day that it is executed by all part es. ATTEST: 41 DWIGHT E-BROCK Clerk , �K Y• AtteSt as to airm sipttfe-oplX' Approved.cjs to form and legal JenniferaAWte- A. � pp � o Chief Assistant Coun y Aftomey Approved as to form and legal sufficiency: Burt L. Saunders Marco Island City Attorney 60ARD OF COUNTY C M ISSIONE S, C LLIER COUY4TY, FLORIDA. siifner Ge6rgia A. Hiller, Esq. man, District 2 By: '�-� City Manager Jule 10, 2013 GJCMS P w"W SendcW Lend Developnerd ServioedConservalion CoEiedAnd ManegemenVOtter MorMlOaw Maud ILA City of Maroo.doe me FXFCIQTIY13V2�21KB.3E:tY INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF MARCO ISLAND FOR THE COUNTY PLANNING SERVICES DEPARTMENT STAFF TO PRESENT TEN LAND USE PETITIONS TO THE MARCO ISLAND PLANNING BOARD AND MARCO CITY COUNCIL. OBJECTIVE: To obtain Board approval of the proposed Interlocal Agreement with the City of Marco island to allow County Planning Services Department staff to present ten outstanding land use petitions to the Marco Island Planning Board and the Marco Island City Council for disposition. CONSIDERATIONS: On December 12, 1997, Vincent Cautero, AICP, Community Development and Environmental Services Division Administrator, Wayne Arnold, AICP, Planning Services Director, and Bob Mulhere, AICP, Current Planning Manager, made a presentation to the Marco Island Planning Board and Marco Island City Council at a joint meeting to discuss the disposition of the ten outstanding land use petitions on Marco Island. The Planning Services Department has processed and reviewed these petitions which consist of five boat dock applications, one conditional use application, one off -site parking application, one rezone application, one temporary use application, and one variance application. Staff recommended to the Marco Island City officials that the petitions be brought to their Planning Board and City Council by County staff at a rate of $30 per hour for staff time at the hearings and mileage reimbursement at $.29 per mile. The Council agreed and the proposal was presented verbally to the BCC on December 16, 1997. The Board directed staff to proceed with preparation of an Interiocai Agreement for presentation of the ten petitions at the rates discussed. The proposed Agreement (attached) was scheduled to be heard by the Marco Island City Council on January 5, 1998. The results of the City Council meeting will be presented verbally at the January 6, 1998, Board meeting. FISCAL IMPACT: Collier County assesses fees for review of land use and zoning petitions. The fees collected for the petitions totaled $5,326 and have been deposited in the Community Development Fund 113. The County will submit invoices to the City of Marco Island for staff time presenting the outstanding ten petitions at a rate of $30 per hour plus $.29 per mile travel from the County Government Complex to the City of Marco Island. GROWTH MANAGEMENT IMPACT: The proposed Agreement is consistent with the Intergovernmental Coordination Element of the Growth Management Plan. RECOMMENDATION: That the Board approve the proposed Intertocal Agreement between Collier County and the City of rco Island. PREPARED BY: DATE: �a ^ 3�--C ncent A. Cautero, AICP, Administrator Community Development do Environmental Services Division Nw JAN 0 6 1998 THIS WERLOCAL AGREENaM Is entered Into this ! day of January, 1999, by AW between THE CITY OF MARCO ISLAND, FLORIDA, hereinaftot called the "City", and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. hereinft called the "County". The City and the County are referred to collectively berein as the "pa tles" 1yyhzl WHEREAS, the City was recently incorporated pursuant to charter established by special act of the Florida Legislature on August 28, 1997; and WHERSAB, the City is located within Collier County, Florida; and RHEIR the Conroy desires to assist the City and serve all of the citizens of Collier County by assisting the City in the transition to self government through shared services of won; and WSEREM, Section 163.01(2), Florida Statutes, permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with each other to provide services in a manner that will accord best with geographic, economic, population anti other factors infhtendng the needs and development of local communities, anti WHELiEAS, Section 112.24, Florida Statutes, authorizes intergovernmental transfer and Interchange of public employees; and WHEREAS, at the time the City of Marco island was incorporated there were ten existing land use petitions scheduled for consideration by the Collier County PlaaaI Commission and/or the Board of County Commissioners of Collier County, Florida; and JAN 0 6 1998 — W+ o 1 4.4j-1 1 P. 3oeS Wn ERRAS. Msua= to the City Chuter, these land use petitions Shari now be considered by the Marco Island Planning Board and/or the City Council of the City of Marco Island; and WSERW9 the City Chuter provides that the Collier County Land Development Code in effect an Angust 28. 1997, shall be the land development regulations within the City boundaries; and WHEREAS. the City has rcgw4ted that the County provide assistance to the City by fvrnW&2 County staff members for purposes of reviewing, analyzing, advertising for Marco Island Planning Board meetings sad presenting the tea existing land use petitions to the Marco Leland Planning Board and/or the City Council for the City of Marco Island. NOW, T'REFQRE, in coa4dderatian of the manual covenants containers herein, the put3es hereby agree as follm: 1. The County will provide the services of Coe ly Plamaing Services staff ("County Staff') to the City to review, analyze, advertise and present the tea existing land use petitions to the Marco Island Planning Board and/or the City Council of the City of Marco Island, as appropriate. The County shall perform all staff A=tions customarily performed by County Staff is the review, analysis, presentation and public notification for Marco Island Planning Board meetings of the tea land use petitions. County Staff sball remain employees of the County at all times during the effective tans of this Agreement, 2. 722M OF EEMENT. This Agreement shall be eflbcOm as of December 16, 1997, and end upon the final dispoddm of the tea existing land use petitions by the City, Including any appeals. 3. CQ14PF. TT - County shall be paid thirty dollars ($30.00) per hour for the actual staff rims involved in presenting the existing tea land use petitions to the Marco bland Planing Board and/or the City Comma for the City of Muco Island, sa appropriate. County Staff travel dme sball not be �, However, the City shall pay for mileage for Couuo�tyy StafYrs travel from the Collier County aovermneat Complex to the City of Marco Island at do raw of 29 cents per mile in accordance with Grapier 112, Florida Statutes. Said 2 JAN 0 61998 Received: 12130197; E:2VY; •s "U11 14 DEC 30 '97 05:23PM payments from the City to the County shall be made to the Board of County Commissioners. The payments by the City shoo be governed by Chapter 218, Florida Statutes (The Florida Prompt Payment Act). The County shall invoice the City for all of the payments referenced above. 4, INSI=CE. The County's liability coverages will exta d to both the County and County Staff for this agreement subject to normxl exclusions. The City must Procure its own insurance coverage for any risks related to County Staffs service on behalf of the City of Marco Island. s,JhMEWKMCAnQH. To the extern permitted by Florida law. the City shall, in consideration of the benefits received from the County by the provision of County Staff services (which are acbowledged to have a monetary value subsundalty in excess of $100.00), bold harmless, indemnify and defend the County, its agents and employees from all suits and actions. isuluding attorney fees sad all emu of litigation and judgments of any name and description, arising out of or incidental to the performance of this Agreement which result: from any neglige cc, intentional conduct and/or willful and wanton behavior of the City and/or its agents and employees. This provision Shall allO pertain to any claims brought against the County by any employee of the City, any or anyone directly or indirectly employed by sal► of them, other than by County Staff. The City's obilgations under this provision shall only be limited to the exzesn provided by Florida law and not by the City's limit of. or lack of. sm1kient insurance protection. This section shall not apply to MY claims Uising from the sole ncgtigence or intentional or willful and wanton conduct of the County, County Staff, or any other employee or agent of de County- MMMATION. This Agreement may be terminated by either piny by providing forty eight (48) hours advance written notice to the other party. Notice to the City shall be provided to: Harry 1. Cowin. Chairman City of Marro Island. Florida 1280 San Marco Road Marco Island, Florida 3414!• Notice to the County shall be provided to: —. Chairman Hoard of County Cammisslonera 3301 East Tamismi Trail Naples, Florida 34112 3 JAN 0 6 1998 This Agrem= shall also u mi= in Amord=e wish die p widons wt forth in p=Wqh 2 regarding the term of this Agreta =. 7. RECORDING,This Aft stall be recorded in the Oiiicial Record: of Collier County, Florida. THE CITY OF MARCO ISLAND, FLORIDA Harry J. Cowin, Council Chairman BOARD OF COUNTY CO1VaVIISSIONERS OF COLL= COUNTY Ry% chahmm Attest+ Attest Patricia L. Berry, Dwight B. Brock, Iauxim Assistaat City Clmt Clerk of Courm Approved as to firm and legal suffid acy for the City of M mo Ulaud, Florida: Keamoth B. Cuyle r, Esq. Interim City Attorney lien- im" 4 Approved as to form and legal scrfftkncy for Colua County: Ramiro Matialich, Esq. Chief Auistant County Attomey JAN 0 6 1998 18 {r aN 8i81 N ' :p81 � ;g� elr 1 �Oi 8� t ,8i !8 i I Iwo saga a, I ; Ia I fitl �I f is us � {� � I�, ! �a Q la{ I ,►. I � I a � � I 1 l i � i •, I � I I i 1 i I i t i 111111 ti JAN 0 6 1998 INTERLOCAL AGREEMENT By and Between the City of Everglades City and Collier County Relating to the administration of the Florida Building Code, the Florida Administrative Code, the City of Everglades City Floodplain Management Ordinance, Contractor Licensing, and Code Enforcement as they all relate to building permits. This Interlocal Agreement is by and between the Board of County Commissioners of Collier County, Florida, (the "County"), 3299 Tamiami Trail East, Suite 303, Naples, FL 34112 and the City of Everglades City (the "City"), P.O. Box 110, Everglades City, FL 34139, for the purpose of the County administering permitting and enforcement related to building permits for the City of Everglades City. This agreement is entered into pursuant to the provisions of the Florida Interlocal Cooperation Act of 1969, set forth in sections 163.01, et seq. , Florida Statutes, and is further authorized pursuant to the parties' respective home rule powers granted by the Florida Constitution. RECITALS WHEREAS, the City is currently responsible for the administration of the Florida • Building Code, the Florida Administrative Code, the City of Everglades City Floodplain Management Ordinance, Contractor Licensing, and Code Enforcement as they all relate to building permits within its boundaries; • WHEREAS, the County and the City desire to enter into an Agreement regarding the administration of the Florida Building Code, the Florida Administrative Code, Contractor Licensing, and Code Enforcement by the County as they all relate to building permits within the City's boundaries; WHEREAS, the City will continue to administer the City of Everglades City Floodplain Management Ordinance for development that is exempt from the Florida Building Code; and WHEREAS, the administration of the Florida Building Code, the Florida Administrative Code, Contractor Licensing, and Code Enforcement as they all relate to building permits will eliminate the need of such services to be performed by the City. NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the parties agree as follows: Page 1 of 7 '"00rr-mN v.rM0 �rn�Acn M00cn C Y N ZM: P- X"M f1 n C tip 02 W ,ro-�oN as i) >p� z om n� 0-4 9 ro 0 r r m X • 1) Recitals. The above recitals are true and correct and are hereby incorporated by reference. 2) Effective Date and Termination. This agreement shall become effective on July 5, 2018 ("Effective Date"). The Agreement shall remain in effect until terminated by either the County or the City. The County or the City may terminate this agreement with or without cause by providing written notice to all other parties within this agreement. Such termination shall be effective thirty (30) days from receipt of such termination notice. 3) Administration of the Florida Building Code. The County shall administer the Florida Building Code and related provisions of the Florida Statutes and Florida Administrative Code for and within the City as follows: a) Permitting. i) The County's building official shall be released from the responsibility of all construction activities that occurred prior to the effective date of this interloeal agreement, whether the project received a certificate of occupancy/completion or building permit from the City of Everglades City or was unpermitted. Any construction activities permitted by the County, regardless of the status of the permit or work, shall be consistent with the Florida Building Code and related provisions of the Florida Statutes and Florida Administrative Code. For example, • if a building permit is issued by the County for the replacement of a window, the building official is not responsible for work outside of the scope of work for the permit, such as the existing wall and other existing improvements so long as no life safety issues are found. ii) The County shall provide a building code administrator or building official, consistent with section 468.604, Florida Statutes, to administrate, supervise, direct, enforce, and. perform the permitting and inspection of construction, alteration, repair, remodeling, demolition of structures, and the installation of building systems within the boundaries of the City, when permitting is required, to ensure compliance with the Florida Building Code, and related provisions of the Florida Statutes and Florida Administrative Code, and any applicable local technical amendment to the Florida Building Code. iii) Consistent with section 553.79, Florida Statutes, the County shall defer to the City as it relates to fire plan review and inspections. iv) Record Retention. The County shall retain all records in accordance with. Chapter 119, Florida Statues and Section 6 herein. b) Reporting. The County shall make available to the City building permit activity within the City within a reasonable timeframe. 4) Contractor Licensing Services. The County shall provide contractor licensing services within the City as follows: • a) Contractor licenses and enforcement. Page 2 of 7 • i) The City shall pass a resolution or ordinance recognizing the validity of County - issued contractor licenses and requiring compliance with County Ordinance 91- 105, as amended (with exception of paragraph 1.3. Owner -Builders) and subsequent amendments and ordinances related thereto within the City. ii) Pursuant to the resolution or ordinance referenced in section 4)a)i), the County shall be responsible for issuing licenses to contractors working within the City in accordance with, and by way of, County Ordinance Number 90-105, as amended (with exception of paragraph 1.3.1 Owner -Builders) and subsequent amendments and ordinances related thereto. No reciprocity or certificates or registration shall be granted or transferred from the City to the County without the contractor first making application in accordance with County Ordinance Number 90-105, Part Two (Competency- Procedure). iii) The County shall provide staff, supervision, equipment, and supplies necessary to issue all new and renewed contractor licenses covered under this agreement and provide all supervisory and investigative personnel necessary to investigate and prosecute unlicensed contractors before the applicable disciplinary boards, as well as investigate all related complaints. b) Record Retention. The County shall retain all records in accordance with Chapter 119, Florida Statues and Section 6 herein. • c) Reporting. The County shall make available to the City licensing and investigation activities within the City within a reasonable timeframe. d) Contractor Licensing Board. The County may refer disciplinary matters to the County's Contractors' Licensing Board, The City shall recommend least 1 voting member of the County's Contractor Licensing Board who then resides within the City's municipal boundaries. If the City does not provide a recommendation for the membership spot by the next regular City Council meeting after being notified by the County, at least one week in advance and in writing, of the vacancy, then the City will be deemed to have waived its option. The City shall have this membership option at the first membership vacancy and each successive member vacancy when the then makeup of the County's Contractor's Licensing Board does not have at least 1 voting member that the City has selected, post -vacancy. 5) Code Enforcement Services. The County shall provide code inspection services within. the City as follows: a) Enforcement of the Florida Building Code. i) Code enforcement services shall be limited to establishing compliance with the Florida Building Code. ii) Code enforcement services by the County will commence upon adoption of a resolution or ordinance by the County and a resolution or ordinance by the City that the Collier County Consolidated Code Enforcement Ordinance will apply in • the City of Everglades City to enforce the Florida Building Code and related Page 3 of 7 � A� •provisions of the Florida Statutes and the Florida Administrative Code, as related to working without a required permit or working beyond the scope of the permit. iii) The County shall provide staff, supervision, equipment, and supplies necessary to provide Code Enforcement Services within the City. The County will, in cooperation with the City, provide all supervisory and investigative personnel to 0� investigate and enforce noncompliance with the Florida Building Code and i related provision of the Florida Statutes and the Florida Administrative Code, as related to building permits. b) Record Retention. The County shall retain all records in accordance with Chapter 119, Florida Statues and Section 6 herein. c) Reporting. The County shall make available to the City code enforcement services activities within the City within a reasonable timeframe. 6) Public Records. Pursuant to section 119.0701, Florida Statutes, for any tasks performed by the County on behalf of the City, the County shall: (a) keep and maintain all public records, as that tern is defined in chapter 119, Florida Statutes ("Public Records"), required by the City to perform the work contemplated by this agreement; (b) upon request from the City's custodian of public records, provide the City with a copy of the requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the costs provided in is chapter 119, Florida Statutes, or as otherwise provided by law; (c) ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the term of this agreement and following completion or termination of this agreement, and (d) if the City, in its sole and absolute discretion, requests a copy of all Public Records in possession of the County, the County shall duplicate and provide to the City, at no cost, all Public Records in possession of the County within one hundred and twenty (120) days of such request in a format that is accessible to the City 7) Services provided by the City. The City shall be responsible for the plan review, inspection, and enforcement of the City's Land Development Code. The City shall be responsible for the plan review, inspection, and enforcement of the City's Floodplain Management Ordinance No. 2017-5 for development exempt from the Florida Building Code within the City. 8) Floodplain Management. The City and the County shall coordinate floodplain management as follows: a) Permitting. i) The City shall be made aware of all building permit applications for buildings or structures within the special flood hazard area through the County's permitting software. • Page 4 of 7 T 4 r.] *M14 • ii) The County shall provide permitting, plan review, and inspection services for the City's floodplain management ordinance 2017-5 as it relates to construction regulated by the Florida Building Code. iii) The County shall not provide permitting, plan review, and inspection services for the City's floodplain management ordinance 2017-5 as it relates to construction exempt from. the Florida Building Code, unless consultation is specifically requested by the City on a case -by -case basis. b) Substantial Improvement and Repair of Substantial Damage. i) The City shall inform the County in writing of all past and ongoing substantial damage determinations within 30 days of the Effective Date. The County is not obligated to issue any permits until the City meets this requirement. ii) Any substantial damage determination letters provided by the City after the Effective Date to property owners in the City shall be sent to the County before such letter is sent to the property owners. iii) The City shall be responsible for communicating and reporting floodplain management information to FEMA and the State of Florida. iv) The County shall make available to the City information regarding substantial damage determinations within the City within a reasonable timeframe. v) The City shall be responsible for preliminary site inspections related to • substantial damage. vi) The City shall be responsible for letters sent related to substantial improvement and repair of substantial damage. 9) Impact Fees. This agreement does not supersede the "Interlocal Agreement Between Collier County and the City of Everglades Regarding Impact Fees," dated November 29, 2005, (the "Impact Interlocal") with regard to impact fees. The City agrees that as of the Effective Date of this Interlocal agreement, the County will collect and retain all impact fees under the County's Consolidated Impact Fee Ordinance, codified in Chapter 74 of the Collier County Code of Laws and Ordinances, as it may be amended from time to time. All impact fees that came due prior to the Effective Date, however, shall continue to be governed by the Impact Interlocal. 1.0) Office Space and permitting software. a) The City shall provide, at no cost to the County, office space in City Hall, or in a similar facility, for the County staff to provide the services established in this interlocal agreement. b) The County shall provide, at no cost the City, access to permitting software for up to three (3) City employees to perform plan review as established in this agreement. 11) Fees. Pursuant to City Ordinance 2018-2, the County shall. collect the appropriate fees as established in the Growth Management Department Development Services Fee Schedule, Resolution No. 2017-251, as may be amended from time to time. 12) Amendment. This agreement may not be amended or modified except in writing, • executed by the Parties. Page 5 of 7 0 • • 13) Assignment. The terms and provisions of this agreement shall be binding upon the Parties and their respective partners, successors, heirs, executors, administrators, assigns and legal representatives. Notwithstanding the foregoing, a party's rights and obligations under this agreement may only be transferred, assigned, sublet, mortgaged, pledged or otherwise disposed of or encumbered in any way with the other party's prior written consent. 14) Notices. All notices must be in writing and sent to the party's address stated above by certified mail, return receipt requested with required copy to the general counsel for each party. 15) Dispute Resolution. In the event of any dispute under this agreement, the parties shall first attempt to resolve such dispute by non -binding mediation, with each party paying equal costs for the mediation. 16) Controlling Law and Venue. This agreement shall be construed by and controlled under the laws of the State of Florida. The Parties consent to jurisdiction over them in the State of Florida and agree that venue for any state action arising under this agreement shall lie solely in the courts located in Collier County, Florida, and for any federal action shall lie solely in the United States District Court for the Middle District of Florida, Fort Myers Division. 17) Entire Agreement. This agreement sets forth the entire agreement between the Parties • as to the subject matter hereof and supersedes all previous written or oral negotiations, agreements, bids, and/or understandings. There are no understandings, representations, warranties, or agreements with respect to the subject matter hereof unless set forth explicitly in this agreement. 18) Severability. If any one or more provisions of this agreement shall be held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby and this agreement shall be treated as though the invalidated portion(s) had never been a part hereof. 19) Representations and Warranties of City. The City represents and warrants that: a) The City is validly organized and exists as a municipality in the State of Florida and has full power and authority to carry on its business as presently conducted and as contemplated in this agreement. b) The City has full power and authority to execute and perform the terms and provisions of this agreement. The execution and performance of the terms and provisions of this agreement does not violate any applicable provision of the City charter or other authorizing law, the City's ordinances, or state or federal laws or regulations, or other agreements or rules by which the City may be bound. c) This agreement has been duly executed and delivered by the City and constitutes its legal, valid, and binding obligation enforceable in accordance with its terms. 20) Representations and Warranties of County. The County represents and warrants • that: Page 6 of 7 CAS • • • a) The County is validly organized and exists as a county in the State of Florida and has full power and authority to carry on its business as presently conducted and as contemplated in this agreement. b) The County has full power and authority to execute and perform the terms and provisions of this agreement. `The execution and performance of the terms and provisions of this agreement does not violate any applicable provision of law creating or authorizing the County, any rules of the County, or any state or federal regulations, or other agreements or rules by which the County may be bound. c) This agreement has been duly executed and delivered by the County and constitutes its legal, valid, and binding obligation enforceable in accordance with its terms. 21) Counterparts. This agreement may be executed in one or more counterparts, any one of which need not contain the signatures of more than one party, but all such counterparts taken together will constitute one and the same instrument. 22) This agreement shall be recorded in the Public Records of Collier County. IN WITNESS WHEREOF, the Parties have executed this agreement as of the dates below. ATTEST: CRYSTAr.. K. K Nzt'L INTERIM Q1 ERK "� By: Attest as to Chairman's 7 P614 �cl sipature only. y Approved as to form and legality for the County: n Jeffrey A. Klatzkow County Attorney Collier County Board of County Commissioners By: ............. Andy S , C rman f),-j j J, .2 U1 2-C` � ATTEST: City, of Ev ade Citv 5� B _ _ By: Dottie Joiner, City C k HoZL well Timm Jr., Mayor City of Everglades City Page 7 of 7 ■ Dec.17, 2021 MINUTES OF THE MEETING OF THE COLLIER COUNTY HISTORICARCHAEOLOGICAL PRESERVATION BOARD Dec. 17, 2021 LET IT BE REMEMBERED, the Collier County Historic/Archaeological Preservation Board in and for the County of Collier, having conducted business herein, met on this date at 9:30 A.M. in REGULAR SESSION at the Collier County Growth Management Division — Planning and Regulation, Conference Room #610, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: Eugene Erj avec Elizabeth Perdichizzi Barry O'Brien Patricia Sherry George Thompson (excused) Austin Bell James Bennett (excused/resigned) ALSO PRESENT: Andy Youngblood, Operations Analyst Sean Kingston, Senior Planner Timothy Finn, Principal Planner Mike Bossi, Planning Director Heidi Ashton, Managing Assistant County Attorney Colleen Greene, Assistant County Attorney Dec.17, 2021 Any persons in need of the verbatim record of the meeting may request a copy of the audio recording from the Collier County Growth Management Department. 1. Roll Call/Attendance: Chairman Erjavec called the meeting to order at 9:32 a.m. Roll call was taken and a quorum was established. (Five members were present; Board Member James Bennett resigned and was excused.) 2. Addenda to Agenda None 3. Approval of Agenda Mr. Austin moved to approve the agenda. Second by Ms. Sherry. Carried unanimously, 5- 0. 4. Approval of Minutes: Oct. 15, 2021 Ms. Perdichizzi moved to approve the minutes of the Oct. 15, 2021, meeting as presented. Second by Ms. Sherry. Carried unanimously, 5-0. 5. Old Business A. Interlocal Agreement with the City of Marco Island Mr. Bosi noted that the board agreed at the last meeting it would invite the Marco Island City Manager to this meeting, or in lieu of the city manager, Dan Smith, Marco Island's director of community affairs. Neither are in attendance. A request for an interlocal agreement with Marco Island must be generated by the City of Marco Island, so it's hard to move forward without their input. Chairman Erjavic agreed, saying they'd hoped they would attend. Attorney Ashton said the county attorney indicated this board could propose an agreement, as another option. But for efficiency, it should come from Marco Island directly. Once the board agrees on the terms, she could draft an agreement. Chairman Erjavic said they'd discussed this before, that Marco Island would initiate it. He wanted to know if Mr. Smith or the city manager planned to attend. Mr. Bosi said the board was at a disadvantage because without Marco Island's input, it could not move forward. The board can't impose an interlocal agreement on the city that Marco Island hasn't participated in. Their presence is needed to discuss the parameters. Ms Perdichizzi inquired if it was possible or more convenient for the board to meet on Marco Island, if that's part of the problem. Chairman Erjavic asked again there this item was going and whether Marco Island representatives planned to attend. Mr. Bosi said he wanted to provide clarification. He's had no conversation with them, but understood that Marco Island was interested in an interlocal agreement. Until they show up, engage in a discussion, or schedule a meeting with the county staff, the board is at a disadvantage and can't move past this issue. He didn't believe the county had any indication that Marco Island was not willing to participate. But until they can attend a Dec.17, 2021 board meeting or schedule a meeting with county staff to discuss the contents of an interlocal agreement, the board can't move past this issue. Chairman Erjovec said he understood. Attorney Ashton said she reviewed Marco Island's ordinance but there was nothing regarding board review to give guidance on history and preservation. There are some requirements in Marco Island's land development for staff to do a review. We would have to consult with their attorney. It may require Marco Island to adopt an ordinance that the board could review. Chairman Erjavec said that would be even better. That's one of the things the board needs to discuss with them, the comprehensive plan, the wording, the objectives. He didn't know where the board could go from here. Mr. Kingston said Mr. Smith had no objection but stated that he couldn't attend. It was just a scheduling problem. Chairman Erjavec said this matter will remain until they get cooperation from the city of Marco Island. There's a need for it. It's in their comprehensive plan. He wanted to ask questions about any rewording in their plan and their willingness to follow through with actions. There are state statutes and laws the county abides by. We have certificates of appropriateness that go forward, there's grant -writing and monies involved. The situation on Marco Island is that there are some sensitive archeological and historical areas. Its comprehensive plan details how to address cultural and historic issues. The county had done it in the past until Marco Island was incorporated as city and this is where the problems started. They had certificates of appropriateness. They don't have an archeologist or a review board. He wasn't certain they had an environmentalist now, or who is handling these situations. It's publicly known there's a need, particularly because of the human remains that were found. Marco Island should be asking for help. They should have an agreement with us or sign an ordinance. They need help from the county, the state and even the federal entity. He asked if the board would continue to invite Marco Island representatives until they show up? Mr. Bosi said he understood that Mr. Smith is more than willing and wants to come to the board meeting, but had a conflict, a funeral he had to attend. He asked that the board continue this to the next meeting. We need the benefit of the board asking these questions of Mr. Smith. He said they could set up a meeting with Attorney Ashton, himself, Marco Island's attorneys and Mr. Smith. Chairman Erjavec asked Mr. Finn to invite Mr. Smith to the next meeting. He said he and other board members have questions and it was uncertain what their status was or what their opinion was. He said he'd been in communication with a council member who is interested in preservation and can continue to deal with him. If Marco Island signs an interlocal agreement, he also will have to schedule a meeting to consult with the tribe — the federal entity — and get its input. Hopefully, the board will have more input on this when a city representative attends a meeting. Ms. Perdichizzi asked if the board could reach out and see if someone from Marco Island can attend the next board meeting. If they can't, the board could ask when they could and the meeting could be rescheduled. Dec.17, 2021 Chairman Erjavec said after that discussion, there's been much talk on how to word the interlocal agreement. He said he'd looked at examples of interlocal agreements. The best one was a basic interlocal agreement. The board could fill in the words about preservation, cultural resources and history. He asked if Marco Island is a certified local government. Mr. Bosi said Marco Island is not a certified local government under Florida statutes. That's a government that has a historical preservation ordinance. Chairman Erjavec said there are requirements to be certified as a government so they could be eligible for assistance. He said he'd been reviewing that. Updating the probability map is one of the first requirements to be certified. He said he had letters of support from the state, from several departments, and archeological firms, cultural resource firms. A lot of people are aware of this activity now, including one councilman. He said he'd try to meet with the tribe and review this file to hash out any potential obstacles so this doesn't drag out for another year or two. Ms. Sherry asked if there was any way the board could create a subcommittee. Chairman Erjavec said a subcommittee probably would be formed. That's part of the requirement to be certified. He said he'd be willing to deal with the councilman and the tribe. In the meantime, he'd ask Marco Island to review the interlocal agreement. This is something they haven't dealt with and it's going to require a lot of activities and reviewing. The possibility of an agreement or an ordinance might be better. He said he'd share details afterward. Attorney Ashton said they could look at this further and follow with Sunshine Law requirements for a meeting. Chairman Erjavec said these activities were common and handled by Collier County until Marco Island became a city. He apologized for the delays but said a lot of activity and reviewing will be involved. Attorney Ashton said the board would still need an agreement but the board might want to require an action by Marco Island City Council. Mr. Bosi said Mr. Smith is a former Collier County employee and, unfortunately, he just could not attend today. Chairman Erjavec said they understood and thanked them for attending. He said he'd attended a comprehensive plan or planning meeting and obtained a letter the Historical Society wrote to the Marco Island city manager, who presented it to City Council and suggested that council go along with an interlocal agreement. He said he'd continue to collect the file and hopefully, everyone would be more educated, have more questions, answers and solutions. B. Indian Hill Site on Marco Island Chairman Erjavec reported: • There has been some activity. • Councilman Rich Blonna teamed up with the Audubon Society. • There has been some biology activity with gopher tortoises recently. • Rental and real estate agencies are going crazy and the buildout of Marco Island is expected to be complete in three to five years. 4 Dec.17, 2021 • Conservation Collier started up 10 years ago after a tourism tax, a penny tax, was developed and was very successful. Collier County residents voted on it and re- established Conservation Collier, which had a lot of money collected this year. Their committee will decide how to best spend the money. • Conservation Collier might consider acquiring properties adjacent to preservation lands, asking owners to get on the program. Some already donated property and others offered property due to activity in the area. • Conservation Collier has reviewed thousands of acres and many properties. Its staff has been working diligently and recently developed a property ratings list. • Councilman Blonna and the Audubon Society offered some properties to Conservation Collier to preserve gopher tortoises and reached the top of the list. That will go before the BCC for approval of some offers. There's a good possibility that two Marco Island properties will be acquired for gopher tortoise preservation. • The Indian Hill property was also among the mix; Councilman Blonna had recommended that property. • Some properties weren't recognized, while some were. Two were on the list for A -List acquisitions and Indian Hill is on the B-List, meaning it's still active until sold or it's withdrawn. Hopefully, they will acquire it. There were some problems, a hefty price tag and appraisal value, maintenance problems and the sea wall might need work. It was presented to Conservation Collier at the last hour and they did recognize it and kept it on the list for next year, for review. They read the archeological report. Some liked it, some didn't. With all the money that Marco Island puts into the fund, with tourism, they're entitled to some money back. That's probably the No. 1 property to be preserved, as far as history, archeology and cultural resources. • The owners contacted him last week to understand how the process works. He'll be able to discuss more about it openly and he'll meet with the tribe, the federal review board, to discuss their views. They were involved in that property and have a final say about developing it or not. • The property has been recognized by Conservation Collier. • If the interlocal agreement goes through, there may be issues about how to arrange that. • He said it's inching along, until they come to another roadblock. • He hopes the public will hear more about it. C. Rosemary Cemetery (Plot W) historic designation Mr. Kingston said he had a message from County Museums Director Amanda Townsend regarding the status. She said the Board of County Commissioners approved, in concept, the acquisition of Plots W and N of Rosemary Cemetery on Dec. 14, Agenda Item 16.D.23. The museums will now work with real estate services to accomplish acquisition. Once it's acquired, it will need a second BCC approval. Ms. Townsend will bring this to HAPB to acquire historic designation. Dec.17, 2021 Chairman Erjovec said it was good news it was moving forward. He said there also was assistance from the NAACP. He didn't want to discuss it further without Ms. Townsend at the board meeting. 6. New Business A. Presentation on Sunshine Law — Assistant County Attorney Colleen Greene Attorney Green provided a PowerPoint presentation on the Sunshine Law for new board members who hadn't seen it and noted: • Florida's Sunshine Law was enacted in 1967, Chapter 286 of Florida Statutes. • The basics involve offering access to most boards and meetings, whether formal or casual. • As a board, you're required to observe and abide by the Sunshine Law. • Sunshine Law applies to any gathering of two or more members of a board, who cannot discuss anything outside a publicly noticed meeting that foreseeably will be discussed by the board. • Three main requirements: Meetings must be open to the public; reasonable notice of such meetings must be given; minutes must be taken. • The public must be able to attend the meeting, it must be accessible, in a facility that's a sufficient size for a large turnout, and in a facility that cannot discriminate based on age, race, etc. • Reasonable notice is two weeks, but what's timely can be 72 hours, which is sufficient. Written minutes must be taken and available promptly. They can be a brief summary, with a record of the votes. Sound recordings can be used but are in addition to written minutes. Chairman Erjovec asked if a board member was at an event and two other board members were there, what would be the best way to protect themselves under the Sunshine Law? Attorney Green said they could talk about the weather, nothing meeting -related or that could be foreseeably discussed by the board. She continued with her presentation: • Subcommittee members can only come from the board membership, but others can be invited to attend as guests. • No pre- or post -meeting discussions, no private conversations on the dais, and avoid texting on the dais. • Board members cannot use a non-member as a liaison between board members to discuss matters. • A board member can send documents on matters coming before the board to other board members provided there are no responses or interaction prior to the board meeting. A staff liaison is recommended and should place a note at the top saying it's a one-way communication. • Inspection trips are not recommended because they're hard to do. Such meetings must be open to the public, public notice must be given and minutes taken. Depending on the nature of the trip, it might be hard to include the public. The board should work with the County Attorney's Office to ensure all requirements are met. • Public records: the definition is very broad. Each version of a document that gets tracked back and forth must be maintained, including draft documents. For example, each version of the pending interlocal agreement with Marco Island must be maintained. All communications, letters, notes and emails are subject to the public records law. 6 Dec.17, 2021 • Don't put anything in an email that you don't want to read in the Naples Daily News. • Anything you put in your email involving government business becomes a public record and is subject to disclosure. • Government records must be maintained. The best way to keep your own records is to email them to your staff liaison. Records must be kept for seven years. • Any records a board member creates can be kept in a three-ring binder and when a board member finishes his/her term, they can be turned over to the board liaison. • Exemptions: Discussions of litigation are exempt from public records until litigation is closed. Social Security numbers of employees are exempt. • Penalties can be criminal and/or civil and carry fines. • Social media and the comment trap: there's an increased risk of running afoul of the public records law if a board member comments on social media, especially if another member comments/replies. Nothing that could foreseeably come before the board should be discussed. Using your own personal social media is advised against for board work. • Board members are subject to state and county ethics laws. Board members cannot accept anything of value that would influence a vote or is a reward. The state's gift -value limit is $100; the county's is $0. Free lunches cannot be accepted. Chairman Erjovec asked if there are agencies that secretly test for Sunshine Law violations. Attorney Green said she had not heard of that happening, but if a board member did receive a free lunch, it can be repaid in 90 days. B. Discussion on resignation of James Bennett, "Engineering" category HAPB member Mr. Finn said the vacancy has been posted on the county's website but he didn't know if there had been any response. Chairman Erjovec said they're looking forward to applicants, possibly in engineering, and the board will review applications at the next meeting. Mr. Finn said he'd share that information once he has it. 7. Review of Project and Activity Log The Board reviewed the "Collier County Historic and Archaeologic Preservation Board Project & Activity Tracking Log (Revised on 1212121). " 8. Public Comment Bill Odrey spoke to the board via telephone to report on his efforts to preserve the Train Depot in Everglades City (the former Atlantic Coast Line Railroad Depot). He reported that: • He took possession six years ago and overcame every obstacle put before him. • He got it open, but then Hurricane Irma hit and he wasn't able to get insurance because it hadn't been properly maintained for years. • He called several museums and historic centers to garner support. • He told a bank it could be a restaurant again. • He said he'd called all the county museums for their help and input but has gotten nowhere. He called the Secretary of State Historic Preservation Board. He called it a difficult situation. • He found it would cost $74,750 to tear down, a figure he received from potential buyers who want to tear it down to build condos. Dec.17, 2021 • He's been holding off because he wants to preserve the 15,000-square-foot building and the replacement cost to build something like that is $4 million. • The 100th anniversary is coming up. • The building would make a great hosting and events space. • If he can't get interest in the next year, it will have to be sold and torn down in 2023. Chairman Erjovec asked if it was occupied now. Mr. Odrey said it was not, and continued: • He spoke to Patty Huff about the Bank of Everglades building being restored. He wants to work with the county Tourism Department. If he could open the depot, events could be hosted there. • He is seeking a letter stating the building's value so he can take it to financial lenders. The building is stable, but needs a roof. He wants to save it and the last thing he wants to do is tear it down. • There are so many historical buildings in Everglades City so it would be insane to let this building go. He just needs a little financing. Chairman Erjovec said he understood his struggles and said he'll research what can be done and look at it from any angle that would assist him He noted that Mr. Odrey had attended the board meeting before. 9. HAPB Comments (None) 10. Adjournment: The next HAPB meeting will be held on Jan. 21, 2022, at 9:15 a.m. [Two members reported having conflicts with that date.] Ms. Sherry made a motion to adjourn the meeting. Second by Ms. Perdichizzi. The motion carried unanimously. There being no further business for the good of the County, the meeting was adjourned by order of the chairman at 10:43 a.m. HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD Chairman, Eugene Erjavec These meeting notes were approved by the board on , as presented (check one) , or as amended