Agenda 11/08/2011 Item # 6B11 /8/2011 Item 6. B.
Office of the County Manager
Leo E. Ochs, Jr.
Aft
3299 Twwd Trd feat. Sub 202 • Noon Florida 34112- 5746 • (239) 2524383 • FAX RA 2524010
October 26, 2011
Ms. Colleen J. MacAlister
5061 Napoli Drive
Naples FL 34103
Re: Public Petition request. from Colleen J. MacAlister regarding Domestic Animal Services .
Dear Ms. MacAllster.
Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at
the meeting of November 8, 2011, regarding the above referenced subject. _ .
Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised
that the Board will take no action on your petition at this meeting. However, your petition may be
placed on a future agenda for consideration at the Board's discretion. if the subject matter is currently
under litigation or is an on -going Code Enforcement case, the Board will hear the item but will not
discuss the item after it has been presented. Therefore, your petition to the Board should be to advise
them of your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9*00 a.m. In the Board's Chambers on the Third Floor of the W. Harmon Turner
Building (Building 1r) of the government complex. Please arrange to be present at this meeting and to
respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this office.
Sin '
Mike Sheffield
Business Operations Manager
MJS:mjb
cc: Jeffrey Klatzkow, County Attorney
Marla Ramsey, Public Services Administrator
Amanda Townsend,. Domestic Animal Services Director
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11/8/2011 Item 6. B.
Request to Speak under Public Petition
Please print
Name: Colleen J. McAlister
Address
5061 Napoli Drive
Naples,Florida 34103
(239) 272 -2594
Phone:
Date of the Board Meeting you wish to speak: November s. 2011
Must circle yes or no:
Is this subject matter under litigation at this time? Yes /6)
Is this subject matter an ongoing Code Enforcement case? Yes 0 o
Note: If either answer is "yes", the Board will hear the item but will have no
discussion regarding the item after it is presented.
Please explain in detail the reason you are reauestina to speak (attach additional
page if necessary):
See Attached
Please explain in detail the action you are asking the Commission to take (attach
additional page if necessary):
See Attached
CA3owments and Se ttings%hetzef_11Desktoplpubiic petition.doc
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11/8/2011 Item 6.13.
Reason Requesting to Speak:
On July 21, 2011, approximately 49 dogs were taken into custody by Collier County
Domestic Animal Services after a Collier County Sheriff s Department deputy who was
executing a foreclosure eviction notice on Arthur Perkins, called DAS about dogs on the
property.
Concerned citizens have been calling Domestic Animal Services with specific and
detailed complaints about Arthur Perkins and his care and treatment of the Labrador Retrievers
and Golden Retrievers that he kenneled, bred and sold since at least 2002.
As quoted in the Naples Daily News, Amanda Townsend, the Director of Collier County
Domestic Animal Services, said that "as far as she knew, Arthur Perkins was within the
boundaries of the law." This statement was made despite obvious zoning and animal control
ordinance violations.
Since then, DAS has justified the lack of enforcement action against Perkins by stating
that it has followed a policy of "voluntary compliance," or "compliance over enforcement" with
respect to state and local law at the direction of the Collier County Board of County
Commissioners.
Based on sustained public reaction and criticism about the Perkins incident, DAS has n
attempted to address some of the public concerns with a series of "next steps" and a "Priority
List."
While those efforts are certainly recognized and applauded, no deadlines have been set
for implementation of any next step or priority, and the policy of `voluntary compliance over
enforcement" has not been abandoned by DAS.
Action Requested in this Petition by the Collier County Board of County Commissioners:
1. A firm and unequivocal public statement and vote from the Board of County
Commissioners that the policy of Collier County with respect to state and local
animal control laws and ordinances will be one of enforcement of existing stale
law and local ordinances, beginning today.
2. A firm deadline, established by the Board of County Commissioners, for any
policy revisions/additions to current DAS practices and procedures and a firm
deadline for any proposed amendments to existing ordinances. This Petition
requests that the Board of County Commissioners establish a deadline for policy
revisions and ordinance amendments of no later than February 1, 2012.
a. In addition to those policy areas that DAS is currently revising, including
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11/8/2011 Item 6.13.
officer expectations, the complaint investigation process, rabies exposure
investigations, dangerous dog investigations, and issuance of penalties,
that DAS also create or revise policies regarding enforcement of state ]a-.v
and local ordinances, the inspection of kennels, including compliance with
state and local laws and zoning laws, sales of animals, breeder rules and
regulations, and cooperation with Code Enforcement regarding zoning
violations.
b. Direct DAS to expand citizen input before undertaking any policy
revision.
A vote by the Board of County Commissioners recognizing that the current animal
control ordinances are flawed and establishing an independent, ad hoc
Commission of the Board of County Commissioners to draft a comprehensive
animal control ordinance that will be accepted by all stakeholders, will be fully
enforceable, and will pass constitutional muster in any court of competent
jurisdiction. Such Commission should include all stakeholders and be chaired by
a qualified, non - governmental person and should be charged by the Board of
County Commissioners with review all current stale and local laws and
ordinances dealing with animal control.
4. A vote by the Board of County Commissioners establishing such a Commission
and Chairperson before December 1, 2011, and directing that the roster of
community members and agency representatives be established by the Chair and
presented for approval to the Board of County Commissioners by Februaryl,
2012. The Board should further vote to establish a deadline for a preliminary,
comprehensive Animal Control Ordinance from the Commission to be presented
to the Board of County Commissioners by May 1, 2012.
S. A vote by the Board of County Commissioners stating that operations like that of
Arthur Perkins will not be tolerated in Collier County, and that Collier County is
unequivocally committed to the protection and welfare of all animals, in any
circumstance, in Collier County.
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Item Number:
Item Summary:
Animal Services.
Meeting Date:
Prepared By
11/8/2011 Item 6.B.
COLLIER COUNTY
Board of County Commissioners
6.B.
Public Petition request from Colleen J. MacAlister regarding Domestic
11/8/2011
Name: BrockMaryJo
Title: Executive Secretary to County Manager, CMO
10/28/2011 9:18:55 AM
Submitted by
Title: Executive Secretary to County Manager, CMO
Name: BrockMaryJo
10/28/2011 9:18:57 AM
Approved By
Name: SheffieldMichael
Title: Manager- Business Operations, CMO
Date: 10/28/2011 1:50:50 PM
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