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CESM Minutes 12/18/2020 December 18, 2020 1 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, December 18, 2020 LET IT BE REMEMBERED the Collier County Special Magistrate, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Administrative Building “F,” 3rd floor, Collier County Government Complex, Naples, Florida, with the following persons present: SPECIAL MAGISTRATE: Honorable Brenda C. Garretson ALSO PRESENT: Elena Gonzalez, Code Enforcement Specialist Special Magistrate Hearing AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 December 18, 2020 9:00 AM NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIA L MAGISTRATE 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. NEITHER COLLIE R COUNTY NOR THE SPECIAL MAGISTRATE SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. I. CALL TO ORDER-SPECIAL MAGISTRATE BRENDA GARRETSON PRESIDING II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES V. MOTIONS A. MOTION FOR CONTINUANCE B. MOTION FOR EXTENSION OF TIME VI. STIPULATIONS VII. PUBLIC HEARINGS A. HEARINGS 1. CASE NO: CEEX20200012784-DAS OWNER: David Frazee OFFICER: Marcy Perry VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-38. Collier County Domestic Animal Services (CCDAS) has determined that there exists sufficient cause to make the determination that the dog (“Tarpon”) is a “Dangerous Dog”. FOLIO NO: PROPERTY 14731 Edgewater Circle, Naples, FL 34114 ADDRESS: 2. CASE NO: CEEX20200012787-DAS OWNER: David Frazee OFFICER: Marcy Perry VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-38. Collier County Domestic Animal Services (CCDAS) has determined that there exists sufficient cause to make the determination that the dog (“Harley”) is a “Dangerous Dog”. FOLIO NO: PROPERTY 14731 Edgewater Circle, Naples, FL 34114 ADDRESS: 3. CASE NO: CEEX20200012800-DAS OWNER: HUMANE SOCIETY OF NAPLES OFFICER: Marcy Perry VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-38. Collier County Domestic Animal Services (CCDAS) has determined that there exists sufficient cause to make the determination that the dog (“Apollo”) is a “Dangerous Dog”. FOLIO NO: PROPERTY 370 Airport Pulling RD N, Naples, FL 34104 ADDRESS: 4. CASE NO: CEEX20200012139-DAS (THIS ITEM TO BE HEARD AT 10:30 am) V20-007500, 7501, 7502, 7503, 7504, 7505, 7506, 7507, 7508, 7509, 7510, 7511 OWNER: POOCHES OF NAPLES d/b/a PETLAND OFFICER: Connie Waldo VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-39 and Article IV, Section 14-78(27). Improper enclosure(s). FOLIO NO: PROPERTY 1000 Immokalee RD, Naples, FL 34110 ADDRESS: B. EMERGENCY CASES VIII. NEW BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES B. MOTION FOR IMPOSITION OF FINES AND LIENS IX. OLD BUSINESS A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER X. CONSENT AGENDA A. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE NUISANCE ABATEMENT LIENS ON CASES REFERENCED IN SUBMITTED EXECUTIVE SUMMARY. B. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED IN SUBMITTED EXECUTIVE SUMMARY. C. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE DAS CITATION LIENS ON CASES REFERENCED IN SUBMITTED EXECUTIVE SUMMARY. XI. REPORTS XII. NEXT MEETING DATE- FRIDAY, JANUARY 15, 2021 AT 9:00 A.M. XIII. ADJOURN December 18, 2020 2 Any person who decides to appeal a decision of the Special Magistrate 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. Neither Collier County nor the Special Magistrate shall be responsible for providing this record. I. CALL TO ORDER-SPECIAL MAGISTRATE BRENDA GARRETSON PRESIDING The Honorable Special Magistrate Brenda C. Garretson called the Hearing to order at 10:35 A.M. All those testifying at the proceeding did so under oath. II. PLEDGE OF ALLEGIANCE None III. APPROVAL OF AGENDA Elena Gonzalez, Code Enforcement Specialist noted the following changes (listed below as Agenda Item Numbers): Under Item VII.A – Hearings, the following cases were withdrawn: • 3 - CASE NO: CEEX20200012800-DAS - HUMANE SOCIETY OF NAPLES • 4 - CASE NO: CEEX20200012139-DAS - POOCHES OF NAPLES d/b/a PETLAND Special Magistrate Garretson approved the Agenda as modified IV. APPROVAL OF MINUTES None V. MOTIONS A. MOTION FOR CONTINUANCE None B. MOTION FOR EXTENSION OF TIME None VI. STIPULATIONS None VII. PUBLIC HEARINGS A. HEARINGS 1. CASE NO: CEEX20200012784-DAS OWNER: David Frazee OFFICER: Marcy Perry VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-38. Collier County Domestic Animal Services (CCDAS) has determined that there exists sufficient cause to make the determination that the dog (“Tarpon”) is a “Dangerous Dog”. FOLIO NO: PROPERTY ADDRESS: 14731 Edgewater Circle, Naples, FL 34114 Cases 1 and 2 were combined 2. CASE NO: CEEX20200012787-DAS December 18, 2020 3 OWNER: David Frazee OFFICER: Marcy Perry VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-38. Collier County Domestic Animal Services (CCDAS) has determined that there exists sufficient cause to make the determination that the dog (“Harley”) is a “Dangerous Dog”. FOLIO NO: PROPERTY ADDRES: 14731 Edgewater Circle, Naples, FL 34114 David Frazee was present. Sally Ashkar, Assistant County Attorney presented the case noting Mr. Frazee has agreed to drop his appeal and comply with all provisions in relation to a dog deemed a “Dangerous Dog” as outlined in Section 14-38 of the County Ordinance and will sign documentation attesting to this fact. The documentation will be prepared after the hearing has concluded. Mr. Frazee confirmed he will drop the appeal in accordance with the terms outlined by Ms. Ashkar and will sign the necessary documentation memorializing the agreement. Special Magistrate Garretson reported she would refer to the Resolution prepared by the County Attorney for any action she is required to take to settle the case. VIII. NEW BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES None B. MOTION FOR IMPOSITION OF FINES AND LIENS None IX. OLD BUSINESS A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER None B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER None X. CONSENT AGENDA A. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE NUISANCE ABATEMENT LIENS ON CASES REFERENCED IN SUBMITTED EXECUTIVE SUMMARY. None B. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED IN SUBMITTED EXECUTIVE SUMMARY. None XI. REPORTS None XII. NEXT MEETING DATE – January 15, 2021 at 9:00 a.m. December 18, 2020 There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 10:55 A.M. COLLIER COUNTY SPECIAL MAGISTRATE HEARING B da C. arretsoC pecial Magistrate Theyinutes were approved by the Special Magistrate on Ou.,V (5, 2oa t, as presented or as amended 4