Minutes 06/08/2011
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JJ\\ AUG 2 3 2011 JY} I
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BY: ....................... i
1 A a,
June 8, 2011
MINUTES OF THE MEETING OF THE COLLIER COUNTY
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HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD
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Naples, Florida, June 8, 20 IIi
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LET IT BE REMEMBERED, that the Collier County Historical/
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Archaeological Preservation Board in and for the co~ty of Collier, having
conducted business herein, met on this date at 9: 15 A.M. in REGULAR
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SESSION at the Collier County Growth ManagementiDivision - Planning
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and Regulation, Conference room #610, 2800 N. Horseshoe Drive, Naples,
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Florida with the following members present:
Fiala ~. /
Hiller
Henning
Coyle v /
Coletta v
I
CHAIRMAN: Craig Woodward
VICE CHAIRMAN: Willi~m Dempsey (excused)
PamlBrown (absent)
Patricia Huff
,
Sharpn Kenny (absent)
Elizabeth Perdichizzi
Riehl Taylor
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!
Misc. Correa:
STAFF PRESENT: Ray Bellows, Planning Manager- eoning Services
Steve Williams, Assistant CountYij: Attorney
Glenda Smith, Budget Analyst,
Fred Reischl, Staff Liaison, Zoning Services
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ALSO PRESENT: Bob Carr, John Beriault and Edward Barberio of the
Archaeological and Historical Co~servancy (AHC)
Jenna Buzzacco Foerster, Naples Daily News
Date: \Q\\ \. \ \ \
Item#:\LD~ \'A~
Copies to:
161 rIA 9~
June 8,2011
I. Roll Calli Attendance:
Chairman Craig Woodward called the meeting to ord~r at 9:17 A.M.
Roll Call was taken and a quorum established. '
II. Addenda to the Agenda:
1. ADD: -Under Old Business -Item E. -Pam Brown Position on HAPB
2. MOVE: - Under Old Business - Item A. Bula'Mission to Item D and
Item D. Chokoloskee Island Update to item ~.
3. ADD: Under New Business - Item B. Discussfon of language revision
to the LDC regarding the triggering mechanism that requires an
Archaeological Survey and Assessment I
III. Approval of Agenda:
Betsy Perdichizzi moved to approve the Agenda, as amended to include the
Addenda to the Agenda. Second by Patty Huff. Carrird unanimously, 4-0.
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IV. Approval of Minutes: March 23,2011 (No formal mihutes were taken at the
April 20 and May 11,2011 meetings, due to lack of a quorum. However, notes of
the discussions at those meetings were taken for the record.)
I
I
Rich Taylor moved to approve the minutes of March 23, 2011, as presented.
Second by Patty Huff. Carried unanimously, 4-0. i
Fred Reischl arrived at 9:23am.
l ; ~
v.
Old Business:
A. Chokoloskee Island Update (handouts) i
BACKGROUND, with explanation by Patty Huff: i
The handouts consisted of copies of a series of letters from Florida .-
Division of Historical Resources dated: ,
. September, 2008 from the Director and'State Historic
Preservation Officer to the Florida Dep~rtment of Environmental
Protection
. May 1, 2009 from the Director and State Historic Preservation
Officer to the Fort Myers Regulatory Bbard Jacksonville U.S. Army
Corps of Engineers (USACE) I
. July 29,2009 from USACE to the Deptity State Historic
Preservation Officer
. August 17, 2009 a reply to the USACE
. January 21, 2011 from the Deputy State Historic Preservation
1
Officer to the Fort Myers Regulatory Board Jacksonville USACE
All regarding the Applications from Florida Georgia Grove LLC for
a. Blue Heron Basin Reconstruction I
h. Seawall Replacement: I
Andfrom Ted Smallwood Store, lnefor SmaU..Jvood Store Driveway ,~4m,:',.. .t.,
Assistant County Attorney Steve Williams ~riefed the Board Members I .
on the progress of Collier County's nine-coun~ complaint injo.i.nLaction ~.'---"r:iJ
: . . 1. me!.
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2
161
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814
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June 8, 2011
with Ted Smallwood, Inc. in a lawsuit against florida Georgia Grove LLC
and their lenders. No response had been recei,-:ed to date. The Judge had
not granted the injunction requesting correction to, and replacement of, the
damaged Mamie Street road. He stated the 20Jday waiting period from the
May 26 filing, servicing and mailing dates werb not up yet.
I
He will send copies of the complaint to the Bo~rd Members.
j
Discussion followed on the permitting that too~ place, the requirements for
ground disturbances in designated areas ofprohability and the need for
I
cultural assessment of the property in question;
Ray Bellows explained the demolition permit ~nd other County permits
issued and the current requirements that genenite an archeological survey.
I
Patty Huff supplied copies of a letter from MJrsha Chance, an Archaeological
and Preservation Consultant, hired by the Dev~loper, which stated her
observations and opinions on the historical anq/or archaeological objects, shell
mounds and black earth middens, etc. discove~ed in her search. The letter
briefly referenced two articles "Certain Antiqu,ities of the Florida West Coast"
reprinted from The Journal of the Academy of iN at ural Sciences of Philadelphia,
Volume XI, Philadelphia, 1900 and "The Anthropology of Florida", the
Smithsonian Institution, Washington D.C., published by The Florida State
Historical Society, 1922. Both publications referenced the numerous artifacts
and relics found and many references to Indiart habitats. Conflicting statements
regarding sacred wells were stated.!
I
Patty Huff strongly commented a full assessment was needed as many
violations appeared to be occurring. I
i
At this time Bob Carr and John Beriault from ~HC. were invited to speak.
Bob Carr commented the State of Florida had specific requirements
I
regarding archeological site surveys and assessments; a Reconnaissance
Level and a Phase I Assessment, which he explained. In most Counties,
ground disturbing activities must stop if an arshaeological discovery site
was uncovered. He noted all of Chokoloskee Island was an area of
I
archeological significance. I
In this case, no stop order was issued; nor did the County request a Phase I
Assessment. In his opinion, it was not consistent with State or County
codes. According to an Archeological and Historical Conservancy, Inc.
Newsletter published in the fall of 1997, Collibr County did issue a stop
order and require an archaeological assessment on Chokoloskee Island; so
there was an actual precedent set. I
He did state that Ms Chance did what she waslasked to do, namely report on
human remains findings. However, it was his 'opinion a Phase I Assessment
was in order to set out guidelines to minimize ~he impact to the parcel
concerned. Three different components to consider examining were the
I
shell mounds, the black dirt (earth) middens and the wells -done in
accordance with existing County codes and requirements.
John Beriault gave a background on the wells' history. They were artesian
wells dug by the Small woods and should be c~lturally identified on plans.
:
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June 8, 2011
Assistant County Attorney Steve Williams commented on Marsha
Chance's "Conclusions" paragraphs - noting the reference to her client and
the citing of opinions and hearsay was not typical in a cultural assessment
report; to which, Bob Carr concurred.
Assistant County Attorney Steve Williams left at 9:57 am.
8~'
The HAPB members asked what they could do' to institute a Phase One
I
assessment.
Ray Bellows responded it would be generated only if the developers apply
to build as written in the County Codes. He nqted that demolition had
stopped at this time. I
Bob Carr stated it was clear that an archeological site had been disturbed.
He suggested the HAPB go on record that the Report of Observations was
not a Phase One Assessment; also, to look at revising the Code to conform
to other Counties' Codes. The triggering words to generate that assessment
should be "ground disturbing activity", the same as other Florida Counties'
Ordinances.
The HAPB readily agreed.
I
Patty Huffmoved to recommend the acknowledgement oft/ze Report of
Observations by Marsha A. Chance, Preserv~tion Consultant, to Dr.
Ryan Wheeler, Florida State Archaeologist, as an opinion only, of her
observations; and not a Phase One, Official Reconnaissance Level nor
I
Cultural Assessment. Second by Elizabeth Perdicl,izzi. Carried
unanimously, 4-0.
Assistant County Attorney Steve Williams returned at 10: lOam.
I
Chairman Craig Woodward asked Bob Carrif Will Dempsey had
contacted him about his Rock Creek findings. '
Bob Carr replied he had received an e-mail b~t had not yet discussed it.
John Beriault commented there was a burial tbound found in that area near
the NE side of Shadowlawn and Estey. Mr. Obnpsey and Mr. Carr will
confer on the find. !
The AHC representatives left at 10: 11 am.
B. Intcrlocal agreement Draft Document I
Chairman Craig Woodward had contacted Kris Van Lengen, City
Planner for Marco Island on their progress with creating the City's
Ordinance. From there, Craig and Will Dempsey will work on the
Interlocal Agreement language. The goal was \0 get an Agreement in
place by the end of the year. I
C. Cor1{R'screw Settlement Update ,
Patty Huff noted in the updated copy of the Brochure, she had added the
Corkscrew Settlement along with photos. A copy ofthe updated
Brochure will be e-mailed to Mr. John Ban. S~e had also added a third
cemetery in Chokoloskee, the Santini Cemetery.
4
VII.
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16' lA
I June 8, 2011
Chairman Craig Woodward mentioned a plaque once erected
across from Monroe Station denoting the histoHc meeting of the Copelands
and the Seminole Indians which took place the~e in the 1930's or 1940's.
He suggested that item and Turner River could also be added to the Brochure.
I
Patty Huff asked that any other additions be ermailed to Ray Bellows.
Then she will add them in.
I ....
o
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D. Bula Mission Update I
Patty Huff reported on her contact with the Edgerin James Foundation
and will be speaking with him next week. His!Orlando Foundation works
with a summer camp in lmmokalee. Other contacts for support she had
contacted were the New Hope Ministries who kgreed to mention the
I
project in their bulletin and the Triumph Churc,h, which Annie Mae Perry
was connected with. i
E. Pam Brown Attendance - Addenda Item I
Patty Huff requested the Board to take action regarding the lack of
attendance at HAPB meetings over the months' of her term. Following a
brief discussion:
Patty Huffmoved to recommend that a letter be sent terminating Pam
Brown's tenure on the HAPB and a new application for the
Archeologist category be advertised. Second by Elizabeth Perdichizzi.
Carried unanimously, 4-0. :
Assistant County Attorney Steve Williams left at 10:26 am.
I
VI.
New Business:
A. Webpage Improvements
Chairman Craig Woodward pointed out the problem with the scanning
in numerical order. I
Ray Bellows explained the Publisher Program:was the problem. The IT
employees will be working on it with Patty Huff.
Assistant County Attorney Steve Williams returned at 10:29 am.
i
B. Discussion of LDC Language Revision - Addenda item
Chairman Craig Woodward stated the "grouhd disturbing activity"
wording suggested by Bob Carr sounded very good. He asked if a special
meeting was needed. !
Ray Bellows suggested contacting Bob Carr to ascertain which Counties
had Ordinances with the proper wording that hb knew of, looking at those
I
and go from there. I
Assistant County Attorney Steve Williams spoke to the matter, stating
the language change itself would not be a pro~lem with careful wording.
Public Comments I
Ray Bellows noted the owners of the Historically Desi~nated Hart Cottage were
having problems rehabilitating the property. They have: obtained some professional
assistance and provided with information on administrative variances. He will keep the
,
Board informed on their progress. i
,
;
5
16 I , 1 A i 8~
June 8, 2011 I
He also informed the HAPB that all Officially Designat~d Historical sites as well as those I
of Historic Significance were now listed on the websiteJ I
I
Patty Huff asked if any e-mails had come to Mr. Bellows from any of the Tribes.
If so, she would like them forwarded to her. ;
VIII. Board Member Announcements:
Chairman Craig Woodward spoke about a speaker series at the Marco
Island Museum in the Rose Auditorium. Rob Davis of Florida Atlantic
University, professor of movies, talked on movies made about the Everglades.
Two of the old movies being shown at 7PM were: :
1. Tonight - "Wind across the Everglades ", inspired by Kappy "Bud" Kirk
who (according to Elizabeth Perdichizzi) had given "technical assistance"
(snake handling) to the cast. For its 50th Anniversary, the movie had been
shown in Miami.
2. Tomorrow night - "Distant Drums", filmed in Naples with many
familiar local sites shown. I
,
i
Rich Taylor stated Nick Penniman was out of town until the Fall and will be
invited to HAPB at that time. '
Patty Huff reported on the Kid's Art activities in Everglades City.
IX. Adjournment:
There being no further business for the good of the County, the
meeting was adjourned by order of the chair at 1 0:4~ A.M.
Ray Bellows will COil tact the HAPB members regardillg their summer schedule
plansfor Board Meetings. Barring allY notice to the contrary-
The next scheduled meeting will be held Wednesday July 20,2010 at 9:15 AM.
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,
COLLIER COUNTY
HISTORICAL! ARCHAEOLOGICAL
PRESE V A TION BOARD
(jt~-chairman G
~:Il+ ~y
1
These minutes approved by the Board/Committee on 8- iT"")
as presented or as amended y_
6
1 6 1 1 A 18
June 8, 011
MINUTES OF THE MEETING OF THE COLLIER COUNTY
HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD
Naples, Florida, June 8, 2011 13031057
LET IT BE REMEMBERED, that the Collier County Historical/ BY.
Archaeological Preservation Board in and for the County of Collier, having
conducted business herein, met on this date at 9:15 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:
Fiala
Hiller
Henning ¶ CHAIRMAN: Craig Woodward
Coyle .■ VICE CHAIRMAN: William Dempsey (excused)
Coletta Pam Brown (absent)
Patricia Huff
Sharon Kenny (absent)
Elizabeth Perdichizzi
Rich Taylor
STAFF PRESENT: Ray Bellows, Planning Manager- Zoning Services
Steve Williams, Assistant County Attorney
Glenda Smith, Budget Analyst
Fred Reischl, Staff Liaison, Zoning Services
ALSO PRESENT: Bob Carr, John Beriault and Edward Barberio of the
Misc. Corres: Archaeological and Historical Conservancy (AHC)
Date: v-2...\ , Jenna Buzzacco Foerster, Naples Daily News
Item#:t I.QS 2 g
Czspies to' 1
1 t)
41 "41
June 8, 2011
A18
I. Roll CalUAttendance:
Chairman Craig Woodward called the meeting to order at 9:17 A.M.
Roll Call was taken and a quorum established.
II. Addenda to the Agenda:
1. ADD:-Under Old Business—Item E. -Pam Brown Position on HAPB
2. MOVE:- Under Old Business—Item A. Bula Mission to Item D and
Item D. Chokoloskee Island Update to item A.
3. ADD: Under New Business—Item B. Discussion of language revision
to the LDC regarding the triggering mechanism that requires an
Archaeological Survey and Assessment
III. Approval of Agenda:
Betsy Perdichizzi moved to approve the Agenda, as amended to include the
Addenda to the Agenda. Second by Patty Huff. Carried unanimously, 4-0.
IV. Approval of Minutes: March 23,2011 (No formal minutes were taken at the
April 20 and May 11, 2011 meetings, due to lack of a quorum. However, notes of
the discussions at those meetings were taken for the record.)
Rich Taylor moved to approve the minutes of March 23, 2011, as presented.
Second by Patty Huff. Carried unanimously, 4-0.
Fred Reischl arrived at 9:23am.
V. Old Business:
A. Chokoloskee Island Update(handouts)
BACKGROUND, with explanation by Patty Huff:
The handouts consisted of copies of a series of letters from Florida
Division of Historical Resources dated:
• September, 2008 from the Director and State Historic
Preservation Officer to the Florida Department of Environmental
Protection
• May 1, 2009 from the Director and State Historic Preservation
Officer to the Fort Myers Regulatory Board Jacksonville U.S. Army
Corps of Engineers (USACE)
• July 29, 2009 from USACE to the Deputy State Historic
Preservation Officer
• August 17, 2009 a reply to the USACE
• January 21, 2011 from the Deputy State Historic Preservation
Officer to the Fort Myers Regulatory Board Jacksonville USACE
All regarding the Applications from Florida Georgia Grove LLC for
a. Blue Heron Basin Reconstruction
b. Seawall Replacement
And from Ted Smallwood Store, Inc for Smallwood Store Driveway
Assistant County Attorney Steve Williams briefed the Board Members
on the progress of Collier County's nine-count complaint in joint action
2
161 2
A 1 8
June 8, 2011
with Ted Smallwood, Inc. in a lawsuit against Florida Georgia Grove LLC
and their lenders. No response had been received to date. The Judge had
not granted the injunction requesting correction to, and replacement of, the
damaged Mamie Street road. He stated the 20-day waiting period from the
May 26 filing, servicing and mailing dates were not up yet.
He will send copies of the complaint to the Board Members.
Discussion followed on the permitting that took place,the requirements for
ground disturbances in designated areas of probability and the need for
cultural assessment of the property in question.
Ray Bellows explained the demolition permit and other County permits
issued and the current requirements that generate an archeological survey.
Patty Huff supplied copies of a letter from Marsha Chance, an Archaeological
and Preservation Consultant, hired by the Developer, which stated her
observations and opinions on the historical and/or archaeological objects, shell
mounds and black earth middens, etc. discovered in her search. The letter
briefly referenced two articles"Certain Antiquities of the Florida West Coast"
reprinted from The Journal of the Academy of Natural Sciences of Philadelphia,
Volume XI, Philadelphia, 1900 and"The Anthropology of Florida",the
Smithsonian Institution, Washington D.C.,published by The Florida State
Historical Society, 1922. Both publications referenced the numerous artifacts
and relics found and many references to Indian habitats. Conflicting statements
regarding sacred wells were stated.
Patty Huff strongly commented a full assessment was needed as many
violations appeared to be occurring.
At this time Bob Carr and John Beriault from AHC, were invited to speak
Bob Carr commented the State of Florida had specific requirements
regarding archeological site surveys and assessments; a Reconnaissance
Level and a Phase I Assessment, which he explained. In most Counties,
ground disturbing activities must stop if an archaeological discovery site
was uncovered. He noted all of Chokoloskee Island was an area of
archeological significance.
In this case, no stop order was issued; nor did the County request a Phase I
Assessment. In his opinion, it was not consistent with State or County
codes. According to an Archeological and Historical Conservancy, Inc.
Newsletter published in the fall of 1997, Collier County did issue a stop
order and require an archaeological assessment on Chokoloskee Island; so
there was an actual precedent set.
He did state that Ms Chance did what she was asked to do, namely report on
human remains findings. However, it was his opinion a Phase I Assessment
was in order to set out guidelines to minimize the impact to the parcel
concerned. Three different components to consider examining were the
shell mounds,the black dirt(earth)middens and the wells—done in
accordance with existing County codes and requirements.
John Beriault gave a background on the wells' history. They were artesian
wells dug by the Smallwoods and should be culturally identified on plans.
3
161 2 A18
June 8, 2011
8
Assistant County Attorney Steve Williams commented on Marsha
Chance's"Conclusions"paragraphs—noting the reference to her client and
the citing of opinions and hearsay was not typical in a cultural assessment
report; to which, Bob Can concurred.
Assistant County Attorney Steve Williams left at 9:57 am.
The HAPB members asked what they could do to institute a Phase One
assessment.
Ray Bellows responded it would be generated only if the developers apply
to build as written in the County Codes. He noted that demolition had
stopped at this time.
Bob Carr stated it was clear that an archeological site had been disturbed.
He suggested the HAPB go on record that the Report of Observations was
not a Phase One Assessment; also, to look at revising the Code to conform
to other Counties' Codes. The triggering words to generate that assessment
should be "ground disturbing activity", the same as other Florida Counties'
Ordinances.
The HAPB readily agreed.
Patty Huff moved to recommend the acknowledgement of the Report of
Observations by Marsha A. Chance,Preservation Consultant, to Dr.
Ryan Wheeler, Florida State Archaeologist, as an opinion only, of her
observations; and not a Phase One, Official Reconnaissance Level nor
Cultural Assessment. Second by Elizabeth Perdichizzi. Carried
unanimously, 4-0.
Assistant County Attorney Steve Williams returned at 10:10 am.
Chairman Craig Woodward asked Bob Carr if Will Dempsey had
contacted him about his Rock Creek findings.
Bob Carr replied he had received an e-mail but had not yet discussed it.
John Beriault commented there was a burial mound found in that area near
the NE side of Shadowlawn and Estey. Mr. Dempsey and Mr. Can will
confer on the find.
The AHC representatives left at 10:11 am.
B. Interlocal agreement Draft Document
Chairman Craig Woodward had contacted Kris Van Lengen, City
Planner for Marco Island on their progress with creating the City's
Ordinance. From there, Craig and Will Dempsey will work on the
Interlocal Agreement language. The goal was to get an Agreement in
place by the end of the year.
C. Corl lcrew Settlement Update
Patty Huff noted in the updated copy of the Brochure, she had added the
Corkscrew Settlement along with photos. A copy of the updated
Brochure will be e-mailed to Mr. John Ban. She had also added a third
cemetery in Chokoloskee, the Santini Cemetery.
4
16 I 2 , A 18
June 8, 2011
Chairman Craig Woodward mentioned a plaque once erected
across from Monroe Station denoting the historic meeting of the Copelands
and the Seminole Indians which took place there in the 1930's or 1940's.
He suggested that item and Turner River could also be added to the Brochure.
Patty Huff asked that any other additions be e-mailed to Ray Bellows.
Then she will add them in.
D. Bula Mission Update
Patty Huff reported on her contact with the Edgerin James Foundation
and will be speaking with him next week. His Orlando Foundation works
with a summer camp in Immokalee. Other contacts for support she had
contacted were the New Hope Ministries who agreed to mention the
project in their bulletin and the Triumph Church, which Annie Mae Perry
was connected with.
E. Pam Brown Attendance—Addenda Item
Patty Huff requested the Board to take action regarding the lack of
attendance at HAPB meetings over the months of her term. Following a
brief discussion:
Patty Huff moved to recommend that a letter be sent terminating Pam
Brown's tenure on the HAPB and a new application for the
Archeologist category be advertised Second by Elizabeth Perdichizzi.
Carried unanimously, 4-0.
Assistant County Attorney Steve Williams left at 10:26 am.
VI. New Business:
A. Webpage Improvements
Chairman Craig Woodward pointed out the problem with the scanning
in numerical order.
Ray Bellows explained the Publisher Program was the problem. The IT
employees will be working on it with Patty Huff.
Assistant County Attorney Steve Williams returned at 10:29 am.
B. Discussion of LDC Language Revision—Addenda item
Chairman Craig Woodward stated the"ground disturbing activity"
wording suggested by Bob Carr sounded very good. He asked if a special
meeting was needed.
Ray Bellows suggested contacting Bob Carr to ascertain which Counties
had Ordinances with the proper wording that he knew of, looking at those
and go from there.
Assistant County Attorney Steve Williams spoke to the matter, stating
the language change itself would not be a problem with careful wording.
VII. Public Comments
Ray Bellows noted the owners of the Historically Designated Hart Cottage were
having problems rehabilitating the property. They have obtained some professional
assistance and provided with information on administrative variances. He will keep the
Board informed on their progress.
5
161 2 A18
June 8, 2011
He also informed the HAPB that all Officially Designated Historical sites as well as those
of Historic Significance were now listed on the website.
Patty Huff asked if any e-mails had come to Mr. Bellows from any of the Tribes.
If so, she would like them forwarded to her.
VIII. Board Member Announcements:
Chairman Craig Woodward spoke about a speaker series at the Marco
Island Museum in the Rose Auditorium. Rob Davis of Florida Atlantic
University,professor of movies,talked on movies made about the Everglades.
Two of the old movies being shown at 7PM were:
1. Tonight- "Wind across the Everglades", inspired by Kappy"Bud" Kirk
who (according to Elizabeth Perdichizzi)had given"technical assistance"
(snake handling) to the cast. For its 50th Anniversary, the movie had been
shown in Miami.
2. Tomorrow night- "Distant Drums", filmed in Naples with many
familiar local sites shown.
Rich Taylor stated Nick Penniman was out of town until the Fall and will be
invited to HAPB at that time.
Patty Huff reported on the Kid's Art activities in Everglades City.
IX. Adjournment:
There being no further business for the good of the County,the
meeting was adjourned by order of the chair at 10:45 A.M.
Ray Bellows will contact the HAPB members regarding their summer schedule
plans for Board Meetings. Barring any notice to the contrary-
The next scheduled meeting will be held Wednesday July 20, 2010 at 9:15 AM.
COLLIER COUNTY
HISTORICAL/ARCHAEOLOGICAL
PRES 'VATION BOARD
Utte hairman C _ ►�
These minutes approved by the Board/Committee on 8-(7-11
as presented or as amended
6