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HAPB Agenda 03/18/2022 AGENDA COLLIER COUNTY HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD WILL MEET AT 9:30 AM, FRIDAY, March 18, 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: February 18, 2022 5. OLD BUSINESS: A. Interlocal Agreement with the City of Marco Island B. Rosemary Cemetery (Plot W) historic designation C. Vacancy status 6. NEW BUSINESS: 7. REVIEW OF PROJECT AND ACTIVITY LOG: 8. PUBLIC COMMENTS: 9. HAPB COMMENTS: 10. ADJOURNMENT: Staff summary of HAPB commentary on Active Items (Revised on 3/4/2022) Active Item HAPB Hearing Dates HAPB/Staff Comments 1 Interlocal Agreement with the City of Marco Island 9/18/20 11/20/20 2/19/21 3/19/21 4/16/21 8/20/21 10/15/21 12/17/21 1/21/22 2/18/22 At March HAPB, vote was received to submit the letter and it will be signed by Austin Bell and proper offices, and then it will be submitted. Zoning Manager stated the Attorney's office will start on it. At April HAPB, Mr. Bellows confirmed that the letter has been submitted to the City and we are waiting for their response. At August HAPB, Mr. Bell noted a letter (attached in this meeting's packet) had been sent from the Marco Island Historical Society to the Marco Island City Council 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. At January HAPB, staff from City of Marco Island were in attendance, including the City Manager, Director of Community Affairs, and an Environmental Planner. The County’s Director of Zoning was also present. HAPB Chair voiced concerns about the area’s needing preservation. Members focused toward the agreement. City staff noted their review process and comprehensive plan update. City and County staff and HAPB members discussed objectives and mechanisms of an agreement and its advantages. County Zoning Director acknowledged the framework being discussed as reasonable, recognizing it was up to the City to initiate it. At February HAPB, planning staff reported that they had spoken with Marco Island’s Director of Community Affairs and HAPB may become more involved with historic sites on Marco Island, but the City will need to take next steps to determine the difference between HAPB’s and the City’s role. Chair mentioned the City’s need to update their probability map. 2 Rosemary Cemetery at Goodlette /Pine Ridge Road (Plot W) Historic Designation 11/20/20 2/19/21 3/19/21 4/16/21 5/21/21 8/20/21 10/15/21 12/17/21 1/21/22 2/18/22 At March HAPB, Museum Director (Ms. Townsend) reported there is no real movement, but had a conversation with with County Attorney. She says they would consider a quit claim to transfer the property and that the County owns Plot B and are trying to get ownership of Plots W and N. At April HAPB, it has been determined that County Attorney is comfortable moving forward with a quit claim deed. Museum Director stated their next task is to create a business plan for the County 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. At January HAPB, the subject was mentioned regarding the public’s involvement, the County’s recognition of the NAACP’s points, and actions of Museums. At February HAPB, Museum Director remarked that this has received media attention and real estate services had prepared a quit-claim deed. She also mentioned, at request of Board, about the maintenance of the property, its heirs, and the title. 3 Vacancy 12/17/21 1/21/22 2/18/22 James Bennett (Engineering) Board member resigned prior to December HAPB. Vacancy has been posted and the Board will review applications at the next meeting. By January HAPB, no applications were made. By February HAPB, no applications were made. Inactive Item HAPB Hearing Dates HAPB/Staff Comments 1 Indian Hill Site on Marco Island 3/19/21 4/16/21 5/21/21 8/20/21 10/15/21 12/17/21 1/21/22 2/18/22 In March, The HAPB indicated that this site is a good example of why an interlocal agreement would be helpful. Chair stated they are attempting to organize what they can do with the status. It is a burial ground which has had many disturbances. There is a lot of activity and it is getting bigger. The damage is done and now they need to decide 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 City. At January HAPB, recent BCC acquisition actions were discussed. At February HAPB, Board recognized Conservation Collier may acquire the land and to table the discussion meanwhile. February 18, 2022 1 MINUTES OF THE MEETING OF THE COLLIER COUNTY HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD February 18, 2022 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 Horseshoe Drive North, Naples, Florida, with the following members present: CHAIRMAN: Eugene Erjavec Elizabeth Perdichizzi Barry O’Brien Patricia Sherry (excused) George Thompson Austin Bell ALSO PRESENT: Andy Youngblood, Operations Analyst Sean Kingston, Senior Planner Timothy Finn, Principal Planner Ray Bellows, Zoning Manager Amanda Townsend, Museums Director Kevin Kerins, Key Marco Association President February 18, 2022 2 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 9:31 a.m. Roll call was taken, and a quorum was established. (Five members were present.) 2. Additions to Agenda None 3. Approval of Agenda Mr. Thompson moved to approve the agenda. Ms. Perdichizzi seconded it. The motion was carried unanimously, 5-0. 4. Approval of Minutes: Jan. 21, 2022 Mr. Thompson moved to approve the Jan. 21, 2022, minutes. Second by Chairman Erjavec. The motion was carried unanimously, 5-0. 5. Old Business A. Interlocal Agreement with the City of Marco Island Mr. Bellows said that he and Principal Planner Tim Finn called Dan Smith, City of Marco Island Director of Community Affairs, to follow up on the last HAPB meeting. Mr. Smith told them they’re trying to envision what role the HAPB would take and what Marco Island’s responsibilities will be involving preservation, historic preservation issues and creating their own ordinance. The consensus between County staff and Dan Smith is that maybe HAPB would be more involved with historic sites in Marco Island, whether it’s designating them historic or dealing with potential impacts by developments, or redevelopment of a site that involves historic resources. Marco Island would send those issues to the HAPB for review to determine if there’s an archaeological impact. Then it would be sent back to Marco Island staff to process. They’re also going to try to develop an ordinance. But the first step is to determine what roles they want at their meeting. Mr. Finn said the Marco Island Planning Board is meeting today and will talk about what Marco Island wants and any type of Land Development Code. Chairman Erjavec noted that Marco Island was short-staffed for a while, but now has staff on board looking at these issues. A good start would be to update Marco Island’s probability map because there are issues with it. The Historical Society could help and possibly Marco Island could hire a consultant. Mr. Bellows said they will follow up with Dan Smith next week to see what occurs at today’s meeting, but it would be important for the Marco Island Historic Society or an HAPB member to follow up with Dan Smith, as well, to ensure there are no delays. February 18, 2022 3 B. Indian Hill Site on Marco Island Chairman Erjavec noted that last month the HAPB discussed the Indian Hill site, which Conservation Collier had recognized. He said they originally weren’t interested because the property’s price tag was far more per square foot than other lots. Two other Marco Island lots are on Conservation Collier’s A List for acquisition for preservation and gopher tortoises. Most likely they will be acquired. Indian Hill got bumped down to the C list, despite pleading to keep it on the B list. Recently there’s been talk from other agencies, including a councilman from Marco Island and a County commissioner. Commissioners talked about trying to fit it in their budget. He noted that since Conservation Collier began through a penny tax, the non-profit has added to green space by creating parks, adding acreage to park systems, preservation lands, buffers, wildlife corridors, and bird sanctuaries. He believed they’d raised $27 million and they also maintain the properties they preserve. Mr. Thompson suggested they table discussions on Indian Hill for now because Conservation Collier may acquire it within the next six to eight months. He moved to table the discussion. Chairman Erjavec said Conservation Collier is eligible to look for other grants to acquire properties and could seek matching funds. He hoped it would move forward because property on Marco Island is very expensive. C. Rosemary Cemetery (Plot W) historic designation County Museums Director Amanda Townsend said she didn’t have much to report this month because she’d been playing phone tag with the property owners. Real estate services prepared a quit-claim deed and they’re just going through the process. She noted that there had been a lot of media attention, with stories by WINK and the Naples Daily News, due to Black History Month. Mr. Thompson asked if she knew who the heirs were. Ms. Townsend said she’d been in touch with them but had withheld the man’s name from the media. She said the County Attorney said knowing one heir would be sufficient for the County to deal with. Mr. Thompson asked who was maintaining the property. Ms. Townsend said that Plot W really isn’t maintained, although volunteers sometimes will clean up and the plaza owner mows the small patch of grass while mowing their property. Mr. Thompson asked about quiet title. Ms. Townsend said she looked into whether the County needed to petition the courts to buy the title and the County Attorney opined that it wasn’t necessary because the land and the county’s improvements aren’t valuable enough to make it worth it. February 18, 2022 4 D. Vacancy status Mr. Bellows said he received an update from Wanda Rodriguez, a legal assistant in the County Attorney’s Office, who said no one had applied for the position so she’s going to renew the public notices. Chairman Erjavec asked Mr. Bell to make an announcement before the Marco Island Historical Society to see if anyone there is interested. Mr. Thompson asked what type of position it was. Chairman Erjevec said he believed it’s architectural. Mr. Bellows clarified that James Bennett is the one who resigned, so they’re trying to fill that category, an engineering position that also includes architecture. 6. New Business Chairman Erjavec said a concerned citizen asked about a possible development on existing burial ground on Horr’s Island. He believed it was Mound B, which was established by Dr. Michael Russo in the 1980s. The citizen was concerned that the site may have been damaged. He checked to determine any damage, but it wasn’t clear whether if there was any or whether a Phase 1 Assessment had been done. He said it involves an unusual situation. They have an agreement with Conservation Collier and it’s written in their bylaws or plan that the mound was directly associated with a state entity, a university or college, that was named in the agreement. The university no longer exists. He told the citizen he’d call Marco Island Community Affairs Director Dan Smith about it. Dan Smith told him to call Code Enforcement. He told the complainant. He said the owner is here and the president of Key Marco came to the Board today to ask questions. Mr. Kerins told the Board that Chairman Erjavec came to his door two weeks ago to tell him about an anonymous citizen who was concerned about the plan to bulldoze the mound. He told Mr. Erjavec that was crazy. He’s heard some crazy things, but that tops the list. He wanted the Board to know that the mound is on an easement and it’s about 90 feet wide by 180 feet deep. It’s over 15,000 square feet, which is bigger than most lots on Marco Island. In addition to that, there are setbacks. We’re here to reassure everybody that nobody is going to set foot on that mound. The disturbance you talked about was because that property changed hands three times in the last year and each time it changed hands, a surveyor would show up. I don't know how he was able to shoot a line over. He believed that’s why there were ribbons tied on the tree, to establish where something was. The association has an Architectural Review Committee that’s chaired by Howard Clement. To build in Key Marco, a project must go before the Review Committee, which must approve it before the City of Marco Island will give it a building permit. The Review Committee approves plans for a house and then they erect a silt fence, do the gopher tortoise removal and the February 18, 2022 5 archaeological survey. They come in, they stake it, they get surveyed. The survey is paid for by the owner, but it’s ordered by the City of Marco to make sure the house is where it’s supposed to be. After they lay the beginning of the foundation, it’s resurveyed to make sure that they haven't encroached, and is within the setbacks. He believed there’s a final survey at the end, when the house is built. He said the last archeological incident they had was about 15 years ago and involved the Indian mound in the middle of the road. Someone in charge cleared vegetation and caused a big stir with the Conservancy. There was a lawsuit back and forth, and when the board changed, they decided to end it. Chairman Erjavec said that incident had something to do with the Indian mound in the middle of the road that leads to the Horr’s House, and the lack of maintenance. A geologist got into a spat over preserving weeds. There was a sign posted years ago. He said he has asked that it be re-erected. He checked and the university involved with the site wasn’t involved. Now that the university is no longer involved with the site, he said it’s probably up to Key Marco to decide how it should be addressed. He suggested a Phase 1 Archeological Assessment since it’s a burial mound. He believed it was encroaching into the setback and it was unclear where the line was. It should not be tampered with and there definitely should be no mechanical machinery, climbing or digging on it. He said he saw that boundaries had been established with the survey and suggested having a discussion in the future. Mr. Kerins noted that there are about 134 lots on Key Marco and about 32 are developed currently. The majority are not developed and there are people there who would love things to stay the way they are. He believed they’d say anything to keep it the way it is. He agreed the association and Board could discuss the situation further in the future. The reason he lives there is due to the historic nature and the wildlife the association protects. Key Marco Association is working to preserve the gopher tortoises because they’re now taking them up to Labelle, or places like that, and the association is trying to get them moved to designated areas in Key Marco that have been set aside. About 200 acres in Key Marco was set aside as mitigation property and will stay preserved forever. He called it a perfect place for tortoises. Mr. Erjavec said he’s working in that area now and he could contact him if he needs any information. He asked if the Board had any questions. Mr. Thompson asked if a Phase 1 study was done on the burial mound. Mr. Kerins said one was done in June by Bob Carr. Mr. Thompson asked if there were any remains? Mr. Kerins said it was inconclusive and it’s not certain they dug enough holes. February 18, 2022 6 Chairman Erjavec said there’s site number for Mound B that was done by Michael Russo, who was working for the state and the college. He surveyed the entire island and did some trench digging, which he believes, unfortunately, was in the setback. He said human remains were discovered there and it was put into preservation, with a number and a sign, in addition to an orange fence surrounding the area. The new owner is aware of the situation. If any digging occurs in that area, especially mechanically, an archaeologist should monitor the work to record anything that turns up. But the best thing would be to stay away from the area and put a silt fence around it. He noted that there are very few burial mounds left in South Florida because they aren’t protected. Mr. Thompson questioned why he kept referring to it as a mound when no remains were found. Chairman Erjavec said that wasn’t their job then. They were hired to do a Phase 1 Assessment and they probably stayed away from that area, knowing that an archeologist had done a survey on it in the 1970s. He noted that neighboring properties’ setbacks are getting very close to the mound. In the old days, they would have put a 50-foot buffer around it and both those lots would have been non-buildable. He believed there was a mistake with property lines being moved farther out because some of the mound comes onto the neighboring property and it’s not delineated. But he said they can’t do anything about what happened before. He said the mound is about 60/40 between the lots. Mr. Kerins noted that Bob Carr’s report said about one-quarter of the mound is missing and it was used to build the Horr’s House. Chairman Erjavec noted that there also was a campsite, a fishing site and burial site there that’s about 2,000 years old. Ms. Perdichizzi said she remembered reading about wonderful archeological finds on Horr’s Island when there was no bridge to get there. She said she was concerned that part of the mound was missing. Chairman Erjavec said that area is probably the oldest coastal village found in America. He noted the Captain John F. Horr House is there because that was the best spot in the country to build in the 1800s. There was an article written about it. Mr. Kerins said the association wants to preserve the history that’s there and is willing to work with the HAPB to monitor any work around the easements and setbacks. Chairman Erjavec said Realtors also should be enforcing it to protect their clients. He noted a lot of forgotten information has come to light. Ms. Perdichizzi said the Board also is interested in preserving Captain Horr’s home because it’s a landmark. February 18, 2022 7 Mr. Kerins noted that it was damaged during Hurricane Irma, which knocked down a few walls, and the gopher tortoises also affected the stabilization of the home. Ms. Perdichizzi asked about the large tree. Mr. Kerins said it was removed and the association contacted the university after the hurricane. They said the site was dangerous and it could fall down, so the association put a fence around it. He said he also tells people to stay away. He said someone also framed the windows on the north side with treated lumber. He suggested some lumber should be placed against the house to stabilize it. Chairman Erjavec said a turtle fence could be erected, as well as a sign installed to deter people from walking on the mound site. Mr. Bell asked if the archeological easement was being maintained by the University of Florida. Audience: It was maintained by Dr. Russo, who was asked about it and doesn’t remember. Chairman Erjavec said he believed the university that was involved no longer exists. Mr. Kerins said the next step will be the Review Committee and building plans. He called it a slow process. Chairman Erjavec asked him to keep him updated. Mr. Kerins said he would provide him with the landowner’s name. 7. Review of Project and Activity Log The Board reviewed the Project & Activity Log. 8. Public Comments: None 9. HAPB Comments Chairman Erjavec said he’d be speaking at the Southwest Audubon Society this month and may get involved with Archeology Day. Mr. Bell said the Naples Depot Museum is hosting a gala for the Everglades Society of Historic Preservation on March 18, and the Marco Island Historical Society’s gala is holding its Pirates & Pearls Gala on March 19 at the Island Country Club. Tickets are still available. Chairman Erjavec asked Mr. Bell if there were any developments on the preservation of the iron material. Mr. Bell said he sent it out and paid for it, but they just need to have them come out and inspect it. February 18, 2022 8 Chairman Erjavec told the Board that clam-dredge machinery parts were discovered in the Snook Inn parking lot during a grease trap installation. They’re being stored for preservation and will be brought to the museum for display. He said a drawbridge gearbox also was found. Mr. Bell said it was from the original Isles of Capri drawbridge that came from the railroad. It’s been recovered, stored temporarily and is in the process of being restored. The Historical Society is going to have an assessment done to determine restoration costs. He expected it to be costly. The Historical Society would move forward with it if they’re still in a state that can be preserved. He said the Historical Society is making that investment upfront. Chairman Erjavec noted that there’s a video on display now at the museum that shows that drawbridge. He noted that a restaurant is now being built next to the Snook Inn and believed permitting for a seawall there would rise to the state level, so the HAPB may be involved. He said brass boat parts and an old clam dredge had been found there and he’d found a bottle dating back to the Prohibition Era. 10. Adjournment The next HAPB meeting will be held on March 18, at 9:30 a.m. Mr. Thompson made a motion to adjourn the meeting. Second by Ms. Perdichizzi. The motion was carried unanimously, 5-0. There being no further business for the good of the County, the meeting was adjourned by order of the chairman at 10:16 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________________.