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DASAC Minutes 09/20/2011 '�, 1 IôL 1 1 .., , Septe ber 20,2011 y MINUTES OF THE MEETINU B lirCOM COUNTY DOMESTIC ANIMAL SERVICES ADVISORY COMMITTEE ii Naples, Florida, September 20, 2011 { i ,i • LET IT BE REMEMBERED, that the Collier County Domestic Animal Sery es Advisory Committee in and for the County of Collier, having conducted bus' ess herein, met on this date at 6:37 PM in REGULAR SESSION at Domestic Animal Se ices 1 Training Room, Davis Blvd., East Naples, Florida with the following membeis present: ii CHAIRMAN: Marcia Breithaupt Jim Rich Fia►a Marjorie Bloom Hiiiar Dr. Ruth Eisele Con►eing Sergeant David Estes (excused) Oo etta •c.- Tom Kepp Jr. Dan Martin { ALSO PRESENT: Amanda Townsend, DAS Director Nan Gerhardt, Shelter Manager Kathlene Drew, Volunteer Coordinator Elena Guevara, Administrative Assistant Mist.Comes: Dsde: ' -\\3∎∎\ Item t E L-4= 2.W Z. Copies to: 2 I 4N IS-4:: '` A ' 161 . , „ , . ,. / . 1 a2' • Septeber 20,2011 CHAIR BREITHAUPT: Please be seated. This meeting is called to order. (6: 7 PM)Good evening everyone. We would like to have everyone to adhere to our rules, so please hold lour comments until the end. We have established a quorum. Everyone sign the time sheet? MS. TOWNSEND: I just talked to Sergeant Estes today;his absence is excused. 1 Approval of Agenda CHAIR BREITHAUPT: Can I have a motion to approve the agenda,please? " MR.RICH: I'd like make my motion to delete Public Comment A. topic to be pen discussion because most of the people here today are here for the same reason. And those that discussion will come out with individual comments, so because of time I am making the Lion to delete. DR.EISELE: I second that motion. CHAIR BREITHAUPT: All those in favor. Aye. MR. RICH: Aye. MS.BLOOM: Aye. DR. EISELE: Aye. MR. KEPP: Aye. I MR. MARTIN: Nay. CHAIR BREITHAUPT: Motion passed. I Approval of Minutes: July 19,2011 r t 1, CHAIR BREITHAUPT: Has everyone read the minutes for the July 19th mee ' ? MS. TOWNSEND: If you give us just a secon' so Ekna can bring those minut s up on the overhead so they may be reviewed if they were not review.d prior to the meeting. Unless ' y members, unless all members have review the minutes prior to the mr eting-- CHAIR BREITHAUPT: Can I have a motion t s approve the minutes? F, MR. RICH: I have corrections to that meeting. Under Old Business section V.0 moved to table further discussion on Mandatory Spay and Neuter Laws until the next meeting, and that was actually stated as indefinitely, not until the next meeting. 1 , MR.MARTIN: Well, if that's the case,then your motion was out of order. p MR. RICH: I'm sorry? r MR. MARTIN: Your motion would have been out of order. F, MS. TOWNSEND: Excuse me,minute taker cgtn you help us with the matter o -- MS. FLYNN: I am actually trying to find out here the correction was. What ge? MS. TOWNSEND: Bottom of page 3. MR. RICH: Page 3. MS. FLYNN: Okay. MS. TOWNSEND: Jim is saying his intention as for that motion to table the m indefinitely rather than until the next meeting and Dan has rought up a point of order that he motion is out of order. Dan,can you please explain why the motion ould be out of order. MR. MARTIN: The motion is out of order bec use it is not the function of the dvisory Board to limit discussion on the floor. We have an open agenda,and people on the Board On bring up whatever they want and whenever the want as long as they!do it within Roberts Rules;and o limit the-- a couple of Members of the Board to limit the discussion f r something they don't want to talk about.j blatantly unfair. . . 3 1: II S it ''Z1 1 ! INZA2 1IA2 Septe er 20,2011 MS. TOWNSEND: Can you provide guidance? Was the motion out of order?MS. FLYNN: Well, a motion can be made and can be seconded. If you mean say indefinitely, it should have been that way because is says on here,the next meeting-- CHAIR BREITHAUPT: No,we are talking about 2 different things.DR. EISELE: It wasn't the open discussion part of it,we objected to, it was fahat there were going to be so many individual comments. MS. TOWNSEND: No,I'm sorry we're talking about the minutes. ; DR. EISELE: That's not what Dan is-- MR. MARTIN: Yes,that is exactly what Dan is talking about. II DR. EISELE: The minutes from the July 20t? MR. MARTIN: Well Jim wants to change it, as it is written it is tabled to the 14 t meeting. Well he is saying now it's indefinite. MR. RICH: No,no,no. That was stated, it was written incorrectly. I did not Y:► -- MS. FLYNN: I can check the minutes. 1 MR. RICH: If you would. MS.FLYNN: I mean the recording and get back to you. I don't have them at E e moment. MR. RICH: Tabled indefinitely. Does any of the Board remember? Anyone? MR. MARTIN: Well that doesn't change the fact that it is still out of order. Y can't limit the agenda just because you don't want to talk about it. o MR. RICH: What are we not talking about? MR. KEPP: The bottom line is we're going to talk about every item on the age 1•a. I thought what we were saying is in an open discussion everyone would get to say what the I anted but not at the podium. MS. TOWNSEND: Different topic, different topic. Marcia called for someone o make a motion to approve the minutes of the prior meeting. il MR. KEPP: Okay. il MS. TOWNSEND: Jim voiced that he had a correction to the minutes of the or meeting because in the minutes of the prior meeting it states that Jim Rich moved to table further •' ussion on Mandatory Spay and Neuter Laws until the next meeting. Jim asked for that correction be k ,use his intention was to table that topic indefinitely. Dan has brought up the point that it limits di ssion among the Board members and has said that if that was indeed was Jim's motion than that 1 otion was out of order. I guess what we need is clarification from the individual Board Members. H 11 did you understand the motion? Did you know what you were voting on? 1 DR. EISELE: My understanding was on(inaudible)meeting,we voted on havi'1g open discussion,where everybody just talked and we voted to have, instead,just the individual •1.mments and let everyone get up and say a timed piece. 11 MS. TOWNSEND: Okay. That part has already been done. DR. EISELE: Isn't that what you were saying? MS. TOWNSEND: No. DR. EISELE: No. Okay,okay. MS. TOWNSEND: No. Dan is saying if in July, what Jim wants corrected is i fact what Jim said in July,then Jim's motion was out of order in July. And what I want to know is what as the intention of the Board? When Jim made the motion;how did you understand it and what you think you were voting on? MS. FLYNN: I think you need to wait to hear what the tape says... MR.KEPP: I did vote for not to discuss spay and neuter. CHAIR BREITHAUPT: That's what we vote on, indefinitely. 4 J MIIIIMMIMMIMMMIIIIMMIIIMIMMOIMMIMIMMMMIMMMMIIIM 4„- f‘ N‘ I. to% I , ..is 6 1.-2.1 . a 2 • Septeber 20, 2011 MS. TOWNSEND: It would be the pleasure of the Board at any time the Boar wishes to request at anytime the mandatory spay and neuter be put on the agenda,we will put it on to agenda, it won't be put on the agenda until that request is made. MR. MARTIN: Okay. 1 MS. TOWNSEND: Okay. Just until the request is made. It doesn't limit an 'ng. MR. RICH: My second correction is under the New Business section VI ono mission is the last bullet that says handling of micro-chipped animals when owner can't be found, and w at I said was, mandatory micro-chipping for all legal adoption groups,that's on page 4. I know with the'recording that can be checked. I found my original notes. (Inaudible) I have no further corrections. MS. TOWNSEND: Jim,I'm sorry, I'm just a step behind you. liam M S. FLYNN: Last bullet. MS. TOWNSEND: Last bullet, I got it now, for adoption groups. Got it. M Chair, you need a motion to accept minutes as amended. CHAIR BREITHAUPT: Can I have a motion to accept the minutes as amend? DR. EISLE: I'll make a motion to accept the minutes as amended. CHAIR BREITHAUPT: Second? MR. KEPP: I'll second. CHAIR BREITHAUPT: All in favor. Aye. MR. RICH: Aye. MS. BLOOM: Aye. DR. EISELE: Aye. MR. KEPP: Aye. MR. MARTIN: Aye. CHAIR BREITHAUPT: Motion passed. Old Business. Old Business Directors Report: Introduction—Daniel Christenbury MS. TOWNSEND: Alright, first and foremost, after many,many months of• scussions both at these meetings and internally here at DAS and with County Management Staff, I'm ve very proud to say that we now have on board, our own DAS dedicated Public Information Specialist. ' '. his name is Daniel Christenbury,he is with us tonight. Please welcome Daniel. He comes to us from TV news background which we have found has been successful for us. I don't know if anybody re. I zes, but our previous Public Information Officer,that work with us at the division level,was also had ail revious career in TV news. We find that someone who has been on the other side of the media;knows w at is interesting to the media, is able to garner our interest and support in what we are doing. are really excited about Daniel. Daniel, can you give us a thumbnail sketch about who you are besid's what I covered and sort of where you want to be headed in this position. 1 MR. CHRISTENBURY: Well, I am very excited to be here at the DAS and to work with Amanda and the rest of the Staff. Like she said, I come from a background of news and so I am ready to take DAS in a direction of new things. You're going to see great new things for this divisi n. I am excited to meet all of you and I am really looking forward to working here. (Applause.) MS. TOWNSEND: Thank you Daniel... and like I said,we are just so excite You know, we have concentrated on positive media exposure and marketing and website improvemen and entering in the arena of social media. That has been... I know there are a lot of people here that wh don't regularly come to these meetings but for those of you that do,this has been a common the e in the last year. We lost our public relation person last summer. It has been over a year since there h been anyone 1 ii II s c, • n 1 1 I PH A Septe 1 ber 20,2011 who has been dedicated to doing any positive media relations and marketing in this de.. ent. So we are just thrilled,just thrilled. And I'm sure I don't need to tell you that the budgets are ti_ ` in County government... so I am sure your question someone might be asked... how in the heck did ,A.0 get a new employee... well I gave up support Staff Ekna Guevara is my Administrative Assistant : Is she also use to be our Fiscal Technician. Because Ekna is so competent we were able to roll those 2 jo in to 1 and that is how we were able to free up what we call an FDE, a full time equivalent or a positi s, ,to bring Daniel on board. So we're very, very excited about that. 3rd Quarter Statistical Report Second item on the Director Report is the 3rd Quarter Statistical Report. I • lieve that this was provided to the Advisory Board members at the last meeting however it was left off o e agenda. So, if you are interested in review and asking questions,talking about this item,we can. I as been provided to you for informational purposes; it is the pleasure of the Board. 1 MR. MARTIN: I have a question. MS. TOWNSEND: Okay. MR. MARTIN: On the medical, on the euthanasia on the medical. I know e have talked about this before but can you remind me when are suppose to start breaking it do :ccording to the Asilomar Reports. MS. TOWNSEND: Well,my original hope was that we could do that for s start of the fiscal year, October 1st. I will have to talk to Nan Gerhardt, she is not in the room; she is • Shelter Operations Manager. We have had an incredible busy summer. We have been extremely •1 ort staffed. I do not know whether we have had time to appropriately train Staff to be using the Asilo .1 appropriately. It is still in my work plan and is something really important to me. It's going to bring the 1 elter into the realm of the big shelters that do desk management practices. Saying that we can impleme' it by October 1st which was my goal,is a real stretch right now. I just can't promise it. I can't. MR. MARTIN: So anyway by at least by the first of the year. MS. TOWNSEND: Yes. Well... MR. MARTIN: Etch it in stone. MS. TOWNSEND: We're going to set a new goal for the first of the year. MR. MARTIN: I don't think this was mention. Did I mention about the in: vidual comment requirements' about having to sign up? Does everybody know that in order to In, e individual comments at this meeting you have to sign up in advance? MS. TOWNSEND: There are slips at the end of the podium, if you can,wi :out to terribly much disruption,fill out a comment slip and if you give it to our minute taker. Wei Well make sure it gets to the Chair if you would like to make individual comments at the end. Thank you, I an. CHAIR BREITHAUPT: I have a question on the euthanasia for Time and •ace? MS. TOWNSEND: We don't distinguish between, I consider Time and Sp. - the same thing. We don't have enough time and space to properly care for the animals. CHAIR BREITHAUPT: 3 animals? MS. TOWNSEND: Does that answer your question or no or? We have . •';d about this a lot and there are people -- CHAIR BREITHAUPT: (inaudible)in the old days-- MS. TOWNSEND: There are people who feel we should report everythin : Time and Space because every euthanasia ultimately is for time and space. Had we infinite time and i mite space, we would care for all of the animals indefinitely. So the fact of the matter is we use Time .1'i�d Space when there is not other reason, when it is simply and we are forced into this decision based on '.I - and space. 6 ,. 1 n I 1 2A2 A 2 Septe ber 20,2011 t If there is another reason,we prefer to use it because frankly it is more interesting. You w, we can learn more about our operations and how to improve things and do better by gathering sta tics aside sometimes. i. MR. KEPP: But it hasn't changed. You've been doing it for--I have bee4 on the Board since 04. You've been doing it that way and it hasn't changed anything, euthanasia rate is e same, adoption rate is down. (Inaudible) No. So try something else. I'm in favor of putting it er Time and Space and letting the public know that is why you are killing the animals and your right th gh,we are beating it to a... I don't want to... (Inaudible) The bottom line is,we've had this discussio MS. TOWNSEND: Absolutely MR. KEPP: And I mean you aren't changing anything until somebody m s you... MS. TOWNSEND: The community... II MR. KEPP: And we can't make you. ii CHAIR BREITHAUPT: (Inaudible) euthanize. i' MS. TOWNSEND: And as Dan rightly pointed out it will have a new face '•n it when we implement the Asilomar Accord. • CHAIR BREITHAUPT: What? aI MS. TOWNSEND: I said,as Dan rightly pointed out this will have a new is e on it when we implement the Asilomar Accord. The Asilomar Accords are a standard reporting tool �.is used basically nationwide by shelters to report shelter in-take and out-comes. It standardizes it 1:tionwide so everybody is working from the same page. MR. KEPP: When is that going to happen? MS. TOWNSEND: Dan was just asking that question. The best--the soo ,st I can make that happen right now is the first of the year. Any other questions about the Asilomar Acc« d before we move on? Okay. A couple of things, I included a frequently questions document in y• agenda packet. I put that in there for your informational purposes regarding what happen with the erkins dogs. I did that because all of that happened subsequent to our last meeting in July,a lot of medi overage, so I sort of wanted to get the whole background and story out for you. Interestingly enough, i ngs happened. Well one thing happened on the Board of County Commissioners agenda on th;' 13th that may open some opportunities up for us. It is completely unrelated to Perkins. But I think orwarded you all the link and I don't know if you could see the public petition. But a gentleman n. 1':• David Delaney came to the Board on public petition because he has an opened Code Enforcemen I ase regarding the fact that he has 6 dogs; which in accordance with LDC,the Land Developme'i Code is a violation in residential areas and that comes from the definition of kenneling in the Land I 7 elopment Code. The Board was sympathetic to Mr. Delaney and was interested in seeing what coul•1•e done to resolve his code case... in so doing gave direction to the Code Enforcement Department to ,evise the kenneling provision in the LDC. I know this is a little apples and oranges but you will see . I'm talking how this is going to work together and really work towards what I think everybody in the r II is interested in. So there is going to be an item on... I believe the September 27th agenda wh. ein Code Enforcement is asking for a stay on enforcement on the 3 dog limit and proposing future . 1-ndments to II the Land Development Code to remove the 3 dog limit in residential areas. That item i says that Domestic Animal Services may bring forward new language,new restrictions,etc.to be e• •odied in the Animal Control Ordinance. This is a fabulous opportunity for us. This is wonderful. This! . our opportunity to redefine how multiple dogs can be housed in a household,and I think that isi hat everybody in the room is interested in. And I am really excited that you're here,because • need your help. I don't know how language can be crafted. It's going to take some time, it's going toj . e some research, it's going to take a lot of debate and a lot of people won't disagree but it is very 4 iting and 7 ct 4N, . , �i A1U2a ..) , -a ‘ Septe 4 ber 20,2011 that door has been opened for us. It's kind of a neat thing. On one hand, we are kind of h ding in our hands right now,2 things at once. One is Perkins and the other is Delaney and we have th .e 2 different animal owners and can we write a law that does what we need to address both and to acco i odate what the standards that the Community want to bare out with. I am fairly excited about that. Perkins Dogs Information Item MS. TOWNSEND: As far as Perkins goes --the rest of it was provided in .ur packet for informational purposes. 1 MR. RICH: What is the status of the Delaney situation now then? MS. TOWNSEND: Like I said Code Enforcement will move forward with • stay on enforcement for anyone falling under the 3 dog limit. I believe that also goes with...umm . and there is special magistrate ruling on Delany. So I am sure there is some formal action that has to .': taken to sort of correct that and or remove that in arrears and that is something Code handles. It sound- ike they are going to find him in fully in compliance. All of his animals are licensed and they are all s. yed and neutered as well. Don't know if everybody is micro-chipped. Interestingly enough, I was '.leased to be able to say we have never had a complaint about Mr. Delaney,never a barking dog compli!, t,never a sanitary nuisance compliant, never a running at-large--anything. I was surprised to see ,1 - item come up because he was completely off of our radar screen 100%. One other thing I want to tell you about that was something that happened . the Board meeting on Tuesday and Wednesday,because it became a 2 day meeting... but it was an i16, we had before the Board and so I thought I'd bring up again for informational purposes... and tha Is a case we have with Abigail and Lola;who are the Duren' dogs. Abigail and Lola have been at the LLeiter since June of 2009. They are declared dangerous dogs and their owners have exercised original '! their right to fight that dangerous declaration at the time we had the 3 person panel who upheld their 1: gerous declaration and then they appealed that to County court and that case has been in County 'I ever since. Now the Animal Control Ordinance has a provision that says the DAS can elect to .,.d impound an animal during the course of an investigation if the owner shows they are either unwillin or unable to contain the animals. In this case,that was so,we have had a past history with the Durens. en they lost their home,they were homeless,who they were living with did not want the dogs to b< ept inside, and this is kind of going on and on for over 2 years now. And the Durens have refused toe op their case. We've been offering them the ability to settle their case,accept the dangerous declar:ion,take their dogs home, etc. for over a year and they just last month decided they were interested doing so. So in the meantime,because we have been caring for the dogs for 2 years and 4 months, 8:: 1 days to be precise,they had racked up quite a impound bill. And to be honest I was so highly motiva l:d to settle the case, I did something fairly unusual,and I asked the Board of County Commissioners t waive all of their fees should they accept the declaration and take the dogs home. Also important to no ,that the Durens have moved to Dixie County. So they are accepting the declaration and moving th dogs out of County. The Board expressed concern over the waiving of the fees. They recognized the 1 ue of the care we provided for the dogs for 800 and, at that point, 821 days. They asked if I had bee able to develop hard costs; that is the cost of medicine and drugs and feeding the dogs for that time .. which was$ 991.74 and the Board offered the Durens a settlement of that amount should they re«, :im the dogs within 14 days. So,we are waiting the outcome of that and we'll see if the Durens are abl o payback the money and reclaim the dogs. Dixie County knows the dogs have been declared danger and they are coming their way,they know they have to register and all of that. So we will see how i.t comes out. Interesting enough,I asked the motion maker,who was Commissioner Coyle to clan- the motion and if the Durens were not able to meet the terms of the settlement,could we determine th: .ogs were I 8 1 Z n {. " ,4 3 61s 4 ,2,A 2 r.• Septe iber 20, 2011 dangerous—or--I'm sorry, we've already done that,could we determine the dogs were D. S property so they could be humanly euthanized. And Commissioner Coyle was not willing to conce��- that and asked us to return to the Board of County Commissioners for further direction should the 17 ens not reclaim their dogs. 1 COLLEEN MACALISTER: Excuse me but there were a couple of things F, at were inaccurate in that statement. CHAIR BREITHAUPT: Excuse me. Hold your comments to the end ple. ;. MS. TOWNSEND: So that is where we are on that one. I just wanted to b F1 g you up to speed because it was BCC action and what not. That is pretty much what I have for a Dir-'. or Report. CHAIR BREITHAUPT: Moving on to New Business. New Business Animal Law Questions MS. TOWNSEND: Please allow me to introduce Assistant County Attorn . Colleen Green who is just invaluable to this department in her guidance and insight in animal relat.li law. For those folks who weren't here quite previously,Jim Rich asked that a County Attorney co J to a meeting. The Advisory Board members were welcome to submit questions to Colleen prior so that -1e could prepare some answers and do some research and she has the results of that inquiry now. MS. GREENE: Yes. Hi. Good afternoon. I'm Colleen Greene. I only re ved 3 questions from the Advisory Board. If you have additional questions, of course, I can take 1 em today,jot them down and we can provide follow up responses as necessary and you can reach me 'I ugh Amanda and the DAS staff anytime but the 3-questions I got-- # 1 is--How can we have off-site adoptions that relieve the County of liabi i ? Will an assigned waiver be adequate? And yes,the answer is yes. You can have off-site adoption we can have written waiver. We can enter into an agreement with the adoption site. In the event of a :• host or a for profit business, we would ask to be added their insurance policy as an additional insure for the duration of the event. The follow-up question is--Can we have a foster program that can relieve e County of liability? The answer is yes. Again,we would need to put together a written document w h would include a waiver and release for the Board of County Commissioners and an agreement by I e adoption or the foster family or foster program that would indemnify the County from their own negli t M' ce. Both of these two programs,if the Board is interested in researching these o programs and having written documents provided,we can follow up with that but that would be a de.' sion between your Director and your Advisory Board whether you want to go forward with these progr• s. MS. TOWNSEND: Can I interrupt you for just a second? MS. GREENE: Yes. t MS. TOWNSEND: And let you know,previously Risk Management had a naudible) fostering program... anyone doing fostering would fall under the County workers compen•Ition because they would be considered volunteers so that... MS. GREEN: Right. We talked about that with Risk Management. MS. TOWNSEND: Okay, so that has been resolved. MS. GREEN: Should we go forward with this program and creating the do. ents,Risk Management will have to be involved and any parameters that need to be based on the pro:'yam will be included. MS. TOWNSEND: Great. MS. GREENE: And we will see what groups would qualify as appropriate i..ster groups to avoid any liability for the County because volunteers do fall under Workers Comp. 9 1' i c ,A ,„,. , I a I 162'Pei 42A 2' Septe F ber 20,2011 MS. TOWNSEND: Okay. N MS. GREENE: And then the 3rd question that was asked is... the question 1 ovides: Can private communities receiving County tax dollars for infrastructure etc. refuse to abide by '1 ounty laws? And the sample provided is Ave Maria. Ave Maria is a stewardship community district w i ch is created by local law and State law. This is an independent district with its own independent gove '1'1 g board. However,Ave Maria is still subject to the County laws and ordinances pertaining to anim. .. The law provides that if a municipality or another local governing board has a law that applies to . 1 als then the more strict law would apply because Ave Maria has no laws regarding animals of which I aware... Collier County Ordinances prevail. And should Ave Maria seek an exemption,which is n.1 clear to me that they have, we would like them to make a demand on the County to say they are exem.i for the following reasons because I have reviewed both their ordinance and their statues and I can I find a reason they would be exempt from our laws. I hope that answers your question. Those are the o ', 3 questions I received. So again if you think of any others, feel free to email Amanda, she'll forward to e and we'll try to get a response back to you. MR. RICH: Thank you very much. MS. GREENE: You're welcome. MR. KEPP: In the past Colleen,you and I have talked on the phone before' MS. GREENE: Yes I remember. ! MR.KEPP: I'm not going to go into it any more than I have to but we've en fighting about this discussion for years. We have no ability to collect fines. It is the most idiotic g in the world to have ordinances and fines when you have no method to collect them. (Applause.) And we've having this discussion for,oh I don't know,for 5 or 6 years and I've asked you on the phone... MS. GREENE: Yes. MR. KEPP: and I have asked Amanda ... we're going to check with the at ey and we've been checking and discussing this for many years. li MS. GREENE: Yes. MR. KEPP: And I still have not gotten an answer and we still do not have way to collect fines and I don't get that. Do you have any explanation at all on how to change tha , I mean I'm asking the question for years. MS. GREENE: Are you talking about when we issue an ordinance violatio or a citation and we are unable to collect from the-- MR. KEPP: When someone takes an ordinance and accesses a fine(inaudi le)when we give,well we don't do give them but when we do give tickets,there use to be a magistrate. I've read it but still according to Amanda,we don't even do that anymore. And I asked that specifically, it you go back in the minutes not long ago and I specifically asked, I don't know-- 5 or 6 meetings ago, da,do we have a method on collecting fines--and you said no we don't. 4 MS. TOWNSEND: But we still go to Magistrate though. That is kind of t o different things. MR. KEPP: The bottom line is,by the way, when was the last time we we to Magistrate to collect the fines? We really don't do it. MS. GREENE: Well that I don't know. When was the last time you went ough the Magistrate. I don't know. I am only asked to attend Magistrate Hearings if there is an att ey at the other side and that is how my involvement comes forth in Magistrate Hearings. In terms o collections, we've worked with Code Enforcement. I know Code Enforcement has hired collection ag cies to assist with their collections. DAS has explored working with the same collection agency. ,, MS. TOWNSEND: We do. 10 < As . : 16 I 2A 2 Septe4ber 20,2011 MS. GREENE: This is a countywide problem in terms of collecting fines d we have research things, like whether we can suspend a drivers' license for failure to pay. That is t provided for in Florida law for this type of a citation. MR. KEPP: So basically there is no law. MS. GREENE: It is something that is always on ... 11. MR.KEPP: Yes or no?Yes or no? MS. GREENE: Something always being researched but with no specific answer today. MR. KEPP: There won't be one,trust me. I' MS. TOWNSEND: Colleen,can you clarify,because I am hearing some g that Tom said that I think was a little bit confusing and that is,the relationship between requiring a andatory appearance before the Special Magistrate and being able to collect on a citation. Can you omment on that relationship? MS. GREENE: Let me see,what is the question? What is the question Mr Kepp? MR. KEPP: The question is,if you give me a ticket for$100 and I throw it' the trash can,what are you going to do about? That's it in a real nutshell. I mean,do you have a m shod to deal with this? MS. GREENE: You know,Mr. Kepp we've talked about this. I know in a past,over the last couple of years and I would have to go back to the drawing board to be perfectly h nest with you. I have not been involved in the process in a good year and I would have to go back to the wing board and we can certainly do that and bring it back to this Board and have this discussion. But fight now,the mechanics are not in place for us to find another way to collect the fines. MR. KEPP: That's the answer. We don't have a method. Thank you. ;1 DR. EISELE: Are you saying though,that in order to get a method,we wo d actually have to get a law passed in Tallahassee? MS. GREENE: At this point, I think the answer is yes. DR. EISELE: There is not a Collier County law that would do the task? MS. TOWNSEND: Based on all my research,that is correct. MR.KEPP: Why couldn't the law enforcement officers... because it's a la; not an ordinance? MS. GREENE: Well it goes back to a statute and then there is authority in I•e statute on what to do with those people who fail to pay the fine. And so,there are examples where y u can suspend a driver's license for failure to pay a court order, for example,but in this case it d• sn't tie back to the dog laws,to animal control laws either in our ordinance or in the state statutes.f MR. MARTIN: Okay,my understanding is that you're coming back with a . echanism to do that. i MS. GREENE: We can put together a report for you so you can understan• ;t more clearly. I can't say I am coming back with the answer but I would like to put pen to pape.and make you able to understand it better. MR. MARTIN: Okay. Thank you. I appreciate that. II MR.RICH: Colleen,while you're on,you were the one that brought up A Maria. MS. GREENE: Yes. MR. RICH: In particular it was regarding TNR cats. MS. GREENE: Yes. MR. RICH: When the community first started there they had no feral cats. MS. GREENE: Okay. MR. RICH: There was hope that this might be one community that might have the problem along with the rest of the County. Now there is one group in particular that went ere twice to 11 1 ,., .:.; . , i . 16i' "2A2. Septehber 20, 2011 talk to the Director;hoping that they would allow them to go and trap any other cats to spafr and neuter the cats and would even do it for free. Their Director says under no uncertain terms they would allow on the property. It is private property and they believe in the rights to life and that's wherl my question came from. MS. GREENE: I did not realize it had that angle on it. That was not the w4y it was conveyed to me but my understanding after reading their Ordinance and the Statute,the la s of Florida that created Ave Marie independent district is that there is not specific exemption that app es. If they feel there is an exemption that applies, I would have to ask them to provide it to me becau based on my research, I don't find it. MR. RICH: So, we can... I MS. GREENE: They are required to comply with our County Animal Ordi ce. MS. TOWNSEND: The only thing I can add to that Jim though is the Control Ordinance specifies feral cat colonies are permitted when they are registered with the Co Lion etc. etc. etc... but it doesn't say they're required. ! MR. RICH: That is true. MS. TOWNSEND: So -- MR. RICH: It's kind of gray right there. 1 MS. TOWNSEND: Yes,yes. MR. RICH: Thank you. MS. TOWNSEND: Madam Chair, are we ready to move on to the next item? DASAB Work Plan/Priorities Project CHAIR BREITHAUPT: Jim il MR. RICH: Oh, it's me. Hopefully I'll make this motion correctly. I am a tually going to make a motion to postpone this discussion but I'd like an opportunity to give you an upcte at this ii point and tell you why I am making the motion to postpone this. Is that alright? CHAIR BREITHAUPT: Alright. ii MR. RICH: Okay. The current suggestion list,and by the way,for all of y 4 out there, we are trying to create a priority list of objectives for the Board and DAS to hopefully imp ve the life, the quality of life for the animals and community and whatever. And we did this a couple f years ago and it was very effective. We completed just about everything on that list and we thought#was about time we put a new list together. So I asked all these Board Members and Amanda to put a list of the 10 top items together that we could then kind of hash out and see what was really important ot what wasn't so important so we could really try to focus in on these particular items and be very objecti a about them and actually try to accomplish something and be productive. So the current suggesti list I have now contains 35 items. The subject range, I am not going to go through them, anywhere m, the top one I had was spay/neuter and medical expense assistance for pets due to financial hardshi to things like trimming the bushes out here and doing dog runs so it was really going to be full org c. Of the 7 Board Members only 5 responded and Amanda and of those responses there anywhere fro 3 to 12 suggestions on each of those. So,the reason I'd like to postpone this discussion is incase ere was a misunderstanding. I wanted to give all the Board Members an opportunity to send in reco endations because we certainly value all of your opinions and the more opinions we have the more s essful I think we will be in this. I'd like you to do some out-of-the-box thinking too. May I ask ho many Board Members have been out to the Immokalee? The Immokalee Shelter? Okay, I was n ver there. I made it a point last week to go because I had heard all kinds of things about the shelter. I e to admit I was actually pleasantly surprised with what they were able to accomplish with so little. I s basically a building no bigger than this and a little hut next to it. The animals have 6 or 8 metal cages at when i 12 g 16I 2 A 2 • Septeiliber 20,2011 someone needs to surrender a dog or a cat or a rabbit,whatever,they open these up, stick t1iem in there and then they leave. And then they have to wait until an Officer come and take these ani als out and they are usually put in the main building there or brought over here. The problem is they not have a full time person, so there is not always someone there all the time. Like the day I went ou there one of the Officers... I happened to run in to him,he was terrific,he explained everything to me. When it is over 90 degrees or under 40 degrees and an Officer can't get out there at an opportune tim it's probably going to be a little uncomfortable for those animals in those metals. I will say the place is tremely clean. Everything was mowed when I was there. They all had buckets of fresh water. I ow it was only a snapshot in time but at least for what I saw I was really impressed with what they h to work with. You know,when I asked him what their biggest problem was there and he said s He said if we had a full time person here, it would just be great. And he said and the animals being ' tside. We are always looking at priorities, I mean,very quickly,like a Tedd's sheds for$4,000 and i.. air conditioner/heater combination for$10,000. You could move those units into one of tho sheds and those animals would be safe and secure until someone got there. It is pretty inexpensive fcr the comfort of those animals. So I just brought that up incase you haven't been there it might be wo your trip before you add on to this. Or even if you hadn't(inaudible)out there, envision what I am iaying and maybe add to your priority list. I think really inexpensively, you can really help those anir*.als out there. MS. TOWNSEND: Jim,can I interrupt you for a second? I do want to bri g out that we do,under normal circumstances;we do have a 40 hour staff person assigned to the Immo 'ee Shelter. She works half days Saturday and Sunday to accommodate that. She is off on Thursdays, t which time we send someone from the Naples Shelter to man the Immokalee Shelter. So although w don't have the kind of 9 to 6 open to the public hours;that we do here. I wouldn't want anyone to get,he impression that we didn't do our routine sanitation and our 2 meals a day in Immokalee. MR. RICH: No.no. MS. TOWNSEND: Okay. MR. RICH: I want to tell you,the place when I was out there the place was pristine. I have to admit I was very impressed with it. And it is difficult to do this type of agenda in group like this. We really need to concentrate and come up with the right decision and usually we ha e some many other subjects going on and frankly we're tired and can't focus to make the right decisions. So I would really like to do a workshop on this. Think it would really help us. The way I want it, I en 'sioned this... I mention this to Amanda and I'll tell you how I would like to do it. Is when we ha our company,we use to do something called storyboarding. And this is used by Disney for a 'tical analysis workshop. It is a phenomenal way of getting things done. We used to have a big and like that,there was a monitor there,and you just keep putting any ideas you can think of and,y u just keep putting them up the ideas on the board,maybe 40 or 50 of them,with the idea;no idea is a ad idea. Then you start eliminating some; your looking for 10 or 15 items... is this one really impo t, is this one really important and you just keep tossing to the ground until you're down to 10 or 15 d then you prioritize;assign tasks and deadlines and it goes so smoothly. The only person I knew wh has been very,very good at that because of our company... was my wife and I didn't want to use a 'ly member so I talked to Amanda and she contacted Teri Wides,am I saying that right? MS. TOWNSEND: Teri Wides MS. GREENE: Teri Wides I MR. RICH: Wides,who is a County Training Manager,who has 25 years i the private industry before she started working for the County and she has a Masters of Education and s certified as a Facilitator. Her system is very similar. Basically it looks at the mission statement(inau ble); which we should all be focusing on when we make these selections. And the purpose is prioritiz potential workshop;work projects,the agenda is to brainstorm and list 15 to 20 potential projects an then multi 13 c-; S' 1 1 6 I I 2A 2 Septe+ber 20,2011 vote until you select 10 projects that you feel are most important. So it is basically the sane time, it goes really quickly and really keeps you focused. So I guess getting back to my motion. My first motion would be to postpone the Priority Project and establish a date for a workshop. DR. EISELE: Are you talking workshop in place of the meeting? MR. RICH: Well I guess we can discuss that or let me ask Amanda if the Ioard decides not to take another date can they use one of our meetings as a workshop? MS. TOWNSEND: That would be the pleasure of the Board. MR. RICH: Okay. So I guess. DR. EISELE: I think that is more important. MR. RICH: Okay. For our, let me make this motion,for our next meeting!n October... MS. TOWNSEND: We need a second. MR. RICH: I'm sorry. Yeah,the motion I wanted to make is for the next workshop, our next meeting in October. MS. FLYNN: You have one on the floor to postpone. MS. TOWNSEND: I think he had a half of motion. I think. MS. FLYNN: Okay. MS. TOWNSEND: Can you start again from the beginning? MR. RICH: Shut my mouth. The real motion is for the October meeting I ould like to make the motion to use that as a workshop for our priority list. CHAIR BREITHAUPT: Can the public have input into that? MR. RICH: (Inaudible)may not be here. DR. EISELE: Then we have to advertise it and everything. MS. TOWNSEND: We,yes; which is administrative and we can handle. also need to find out the availability of Ms. Wides, so we might not be able to determine a date for meeting right now. But we can certainly do that in linear communications and get that established ' the future. MR. RICH: Can we say a future meeting then? I do want to mention... I ow;no one suppose to talk but if we have 30-40 people in here,putting input,it gets a little confusing. What I would recommend is for anyone to give me any ideas for anything. I will be more than ha y to include in that meeting. And then; can the public observe, can they come in and watch? MS. TOWNSEND: Absolutely. They must be allowed to because it is the iature of the Sunshine Law. MR. RICH: Okay so. DR. EISELE: Finish your motion. MR. RICH: Alright. Let's try this once more. I would like to make a moti n that a future meeting when all the Board Members are all going to be here and we can get Ms. W es,that we use that as a workshop for our priority list DR. EISELE: I second the motion. CHAIR BREITHAUPT: All in favor. Aye. MR. KEPP: Out of respect for Jim and because I appreciate is hard work or this. I will vote yes. I will vote for the workshop but I am going to tell you,until you the enforcement issue settled,we've done these workshops for 100 years and w come up (Applause.) It doesn't matter;you can put in your programs. (More Applau e.) (Inaudible) That will be my main focus. That is what I care about. But I v to yes for the workshop because I do (inaudible) is MR. RICH: Aye. MS. BLOOM: Aye. DR. EISELE: Aye. ;! 14 Iii . ,. , , i 141 2 A 4 2 Septe ber 20,2011 11 MR. MARTIN: Aye. CHAIR BREITHAUPT: Motion passed. t DR. EISELE: Yes, I would also like to say that I agree with you on enforciment. Absolutely but that doesn't mean we can't make life in Immokalee better and we can't(inaludible) animals. MR. KEPP: But I don't want to happen like it has happened forever,is we et off on these things and it just gets(Inaudible) MR. RICH: Okay,my second motion then is to extend the deadline for the oard Members responses until... 8:00 pm tonight... nah... until October 1St. Is that okay with ejeryone? (Inaudible) I need a second. It's an opportunity if you want to change or redo or whatever, it's there. And then the 3rd motion, did we vote on that or no? October 1St. I need a second. 11 MR.KEPP: I second. p r MR. RICH: Okay. The 3rd motion I have is I MS. TOWNSEND: You want to vote. V MR. RICH: I'm sorry. MS. TOWNSEND: You had a motion and 2nd. You need to vote. CHAIR BREITHAUPT: All in favor. Aye MR. KEPP: Aye. MR. RICH: Aye. MS. BLOOM: Aye. DR. EISELE: Aye. MR. MARTIN: Aye. MS. TOWNSEND: Any opposed. CHAIR BREITHAUPT: Any opposed? (no response.) MR. RICH: The 3rd motion would be to approve Ten Wides as the facilitattir. DR. EISELE: Second. CHAIR BREITHAUPT: All in favor. Aye. MR. KEPP: Aye. MR. RICH: Aye. MS. BLOOM: Aye. DR. EISELE: Aye. MR. MARTIN: Aye. MR. RICH: I would like to say one thing. Tom,I completely agree with y . If it wasn't for being on this Board... the DAS can only do so much according to the law. But think we have to be proactive with the BCC and maybe on things we decide,go in there to a Board eting and say we are on the Board and we want some results because they can only do so much. MR. KEPP: In my closing argument tonight, I was going to point out that a only time this Board, since the beginning, I only time I can remember ever going to the County Co fission directly is when Michele was in Office and that is the only time. CHAIR BREITHAUPT: That's not true. MR. KEPP: When have we,when have we gone to the Board? When have a gone? MS. TOWNSEND: Oh,I remember Budget 2010. MR. KEPP: I'm not talking about when we did the budget thing, and they anted to know how many trips we had,how many fines we had. I am not blaming you. I am blami all the way back. We went in front of the Board of the County Commissioners one time that I can rem ber. Maybe I'm wrong. CHAIR BREITHAUPT: (Inaudible) for adoption. Didn't we? 1, iiiimminiminilimi 15 M, S. t . 61 '4 2 A Septe •er 20,2011 r MR. KEPP: Not as a Board,I don't believe. Bottom line that is what we ed to do. MR. RICH: We have the ability to make that happen. MR.KEPP: And that's what we need to do. MR. RICH: Thank you. N CHAIR BREITHAUPT: Do not adopt policy Do Not Adopt Policy MS. TOWNSEND: This is a policy that needed cleaning up, came partly o i of the Perkins case that I started to look at reasons we deny adoptions. And I what I found was a.!-ystem that was a hold-over from the days when Staff was angry with the public and took out their fru ' .tion with the responsible animal owners in a willy-nilly fashion on whoever happened to be standing n front of them at the time. What I found,was a report on who was indicated as... Do Not Adopt .I�was extremely inconsistent and had not had supervisory reviews. So I took corrective action, : ed up a policy,its been reviewed by The County Attorney's Office and the County Attorney has s gested some additions to that policy. And actually the County Attorney is also saying the policy will n;;d to be reviewed by the BCC. I am sorry I did not bring with me tonight the additions that just c. 'e through yesterday. If you want to see all that, I can either try to bring up on the overhead or we c postpone this or based on what you saw,they're all sort of the same flavor. The County Attorney o fi ce did some review of do not adopt by other agencies and suggested additions consistent with other agl cies. So you can take those on good faith and/or give me feed back or whatever you want to do. MR. MARTIN: Well, I move to table this until next month until you can gll the (completed form?). CHAIR BREITHAUPT: Did he make a motion? MS. TOWNSEND: Yes,he made a motion. d CHAIR BREITHAUPT: Second... any second? I! MS. TOWNSEND: There is a motion to table. We're waiting for a second MS. BLOOM: Second. CHAIR BREITHAUPT: Marjorie. 1 MS. TOWNSEND: Okay, Marjorie will second. CHAIR BREITHAUPT: Any opposed? MS. TOWNSEND: No,you have to take a vote first. CHAIR BREITHAUPT: All in favor. Aye. 1. MR. KEPP: Aye. MR. RICH: Aye. MS. BLOOM: Aye. il DR. EISELE: Aye. 1 MR. MARTIN: Aye. MS. TOWNSEND: Okay,we will put it on the agenda for next month and ou will see an absolutely final version. I'm sorry I just did not have time to collate the County Attorn: response with my draft in time for the meeting, so we'll move it to next month. Surrendered Livestock Policy 1. MS TOWNSEND: There is nothing included in your packet for the next it,i• on the agenda. It's a Surrendered Livestock Policy because if there were,it would be a one liner.1 e are recommending at this time to not accept surrendered livestock. The reasons for that are; li -stock i 1' 16 1 4 1 . I i 2 A ■ • Septer4•er 20, 2011 • obviously takes intensive time to care for,poses additional risk to our staff in terms of inj ,■ and additional expense to care for and there is always an outlet for unwanted livestock in the fill I of the auction. So anyone who has an animal -livestock who can't keep anymore is more than w come to attempt re-home it or take it to an auction and those are the exact same things we would doff an agency. We work very hard not to accept surrendered livestock. And we're very,very good about •-homing the livestock prior to a desperate situation where it needs to be impounded. We will certainly :� ways work with a customer who needs to re-home but ultimately the auction is always an option and due to expense, limited staffing time and also the in creditable risk for caring for large animals w= : e recommending this Board support us in a policy where we don't accept surrendered livestI •k. MR. MARTIN: Would you define livestock? MS. GREENE: It's defined in the Ordinance. MS. TOWNSEND: It is defined in the Ordinance. Thank you. MS. GERHARDT: It's typically put--livestock that they're talking about but they also include,for example the emu. MS. TOWNSEND: Defined in the Ordinance as all animals;exline,bovin •r slime class including sheep goat and other grazing animals. ii DR. EISELE: How often does that actually come up? Surrender. MS. TOWNSEND: Nan? ' MS. GERHARDT: Well right now. We've adopted out our horse,Bethan after 4 months by the way,that was very exciting. We have a cow right now...nice(inaudible), , have a sheep,we adopted out 2 goats. We got an emu in yesterday. None of these were surrende d. As Amanda pointed out,when we have people and,they are typically going to be horses. Th- 8 fficers arrive and the horses are in questionable condition and the people usually start... well yo : ys take em. You know what that costs us. That's crazy. So we work really hard with rescue org.'I'zations with the livestock in particular with the horses out in the field so often a rescue organiza•11 n ends up dealing with the individuals rather than us. How often does it happen? Not very much be*I:use I am pushing full-time back. MS. TOWNSEND: And how often do you get inquiries? MS. GERHARDT: Inquiries? Almost daily. MS. TOWNSEND: Almost daily. S MS. GERHARDT: Almost daily. I get people calling,can you find a homi'or my horse. I-- ii MS. TOWNSEND: And I'm really serious about the employee injury thin MS. GERHARDT: Oh yeah. MS. TOWNSEND: I have a 15 year veteran in this department who in 15 ars has never been injured except by livestock,Anna Petroloff. Anna Petroloff is our supervisor. is really dangerous and then that costs us more money in workmen's compensation benefits and w •t have you. DR. EISELE: What happens with stray livestock? MS. TOWNSEND: Stray livestock is still our duty to-- DR. EISELE: Then I don't see any reason not to. MS. TOWNSEND: And confiscated animals, as well. You know... MS. GERHARDT: Yeah. MS. TOWNSEND: And if it is a real cruelty case. You know,we aren't g E g to shy away from our responsibilities but what we're asking is that livestock owners not shy awa from theirs. MS. GERHARDT: Yeah,that is basically what,that's what,thank you. l'� are asking livestock owners not to be responsible for their livestock. They end up, I get calls all the t e from people you have horses with injuries,big injuries and they want us to come and get it and i. it and stuff 1 17 CAi , t 16I , 2A2 ' Septe '_ber 20, 2011 like that. We have been really lucky. I would say lucky but also we have a staff that wor like nobody's business trying not to bring them in and trying to work with people in the field. MR. MARTIN: So that would not include chickens? MS. GERHARDT: Chickens we can just adopt them out. MR. RICH: Or eat em. MS. TOWNSEND: Oh no. MS. GERHARDT: That was a Board Member not Staff that said that. Are ou asking... Dan,because of the big impounds we've done in the past? MR. MARTIN: Yeah,the big fighting roosters and everything like that. MS. GERHARDT: Yeah... MS. TOWNSEND: And no because that's going to be a confiscation an y. You know... that's going to be a confiscation. That's not going to be if somebody calls me an says they'd like to surrender their fighting chickens. The first person I'm going to call is --and s this guy just admitted to being a . So it doesn't really apply. MS. GERHARDT: It stays the same for a stray. The cow was a stray. Ob' iously we can't turn that away. CHAIR BREITHAUPT: Do you need a motion for that? MS. TOWNSEND: I'd love a motion. MR. MARTIN: Yeah. I'll make a motion. I'll make a motion to alter the iurrender Livestock Policy as explained. DR. EISELE: I Second it. t CHAIR BREITHAUPT: All in favor. Aye. MR. KEPP:Aye. i MR. RICH: Aye. MS. BLOOM: Aye. DR. EISELE: Aye. a, MR. MARTIN: Aye. MS. TOWNSEND: Thank you. Thank you. DR. EISELE: And now,we'd like you to get some fines for us. CHAIR BREITHAUPT: I think you're going to get some ideas next from m. Are you ready? Policy&Procedures of DAS Enforcement&Citations MR. KEPP: I'm ready. i CHAIR BREITHAUPT: You're on here. i MR. KEPP: Oh,do you want to talk about Perkins and the policies? Are wf ready for that? On the Policies and Procedures of DAS Enforcement Citations we started this proce and I guess the best way to start would be policies and the lack of following our performances and poli 'ies when it comes to that. Through this report,I'll try to say something really basic, is from what I c tell--you know,this has been going on since 05 and through this whole report,even on the questions and answers, which I am going to use. Just the very simple thing of licensing and shots. When he decid d to surrendered these dogs,he had 20 adult dogs (inaudible)as far as I can figure. And I forge what year we implemented the--what has it been,3 years since we put in the$60 license for a non-s ay/neuter animal? Is that the right number I'm--? I.1 DR. EISELE: It's only been 2 years. r MS. TOWNSEND: January 2009. 18 1 1 2A • Septe y er 20, 2011 MR. KEPP: So whatever it is and so I mean,for not having a license there a fine... and this goes all the way back 6 visits,and everyone knows what I'm talking about. 6 visi in 05,and it says... owner made a reasonable effort to come into compliance. That was in 05. Then 6 sits in 09... DAS advised owner to compliance with vaccinations and licenses. Then 6 visits in April, d well April and about that time,he gave the dogs up for whatever the hell. My point is, our Officers supposively trained,well they are trained and we spend money to training them to recognize abuse and eglect which is a fine line. You know,nobody has yet to show me--here is a,these are the licenses. I sume, I really haven't been able to figure this out,but I assume these are the licenses he's pulled o r the last year last 5 or 6 years. There are 14 of them. Is that? MS. TOWNSEND: I don't know what you have Tom. MR. KEPP: These are the ones you sent us. MS. TOWNSEND: I sent to whom? MR. KEPP: This is—textile. Ummm. -- MS. TOWNSEND: Do you want to enter those in the record? And if so w t is the source of the documents? MS. KEPP: No. These are what were sent to us. Supposively,the licenses at have been pulled with him. MS. TOWNSEND: Okay,okay. MR.KEPP: Did you send those to somebody or me or? MS. TOWNSEND: No sir,no sir, I did not. MR. KEPP: Huh? MS. TOWNSEND: No sir I did not. MR. KEPP: Are they our records? MS. TOWNSEND: They do appear to be community records. MR. KEPP: Somebody sent those. Okay,they are records. MS. GREENE: There was a public record request. MS. TOWNSEND: There was a public record request. MR. KEPP: Pardon me? MS. GREENE: There was a public record requested that we responded to. MR. KEPP: Okay. Then those came from the public record request. Sup sively then, that is all the licenses he has ever pulled,these Officers went out all these years and those e the only licenses out of 6 years that he's ever pulled. The other thing about those,you know where ' says status on that and it starts out with-- gave away--and then it goes dead—dead—dead--dead an then about half way through it goes expired. Does that mean they're dead? MS. TOWNSEND: No. I think that means the license is expired. MR. KEPP: Well but it is under the same thing, status. You know where i ays -- MS. TOWNSEND: You know,Tom, I would have to look at where the fie is in the data base to tell you for sure. MR. KEPP: Well, I'm looking at it. Like these licenses are,the bottom lin is,here again, if you read some of the dogs' years of age. Where it says status, and again,this is o system and we don't even know it. It says dead—dead—dead—dead;out of 14 animals, some of the -- 1 of them was 17, some of them were 9, some of them were 7. That man was breeding animals. I w what he was doing,when they got out of breeding age he would kill them and that's why it says de on there. I can't prove that but my point is;these officers that went out there,they could have shut ' down just for a simple reason,he never had a license. (Applause.)None of these have licenses. (App use.) And then if this report is true and I'm reading it properly,where it says dead—dead; as an Offi r,I would have to look at these things over the years and say,this man has had a lot of dogs and they ave died but 19 SASià1 16L I 1 ZA2 2 • SeptettTher 20,2011 i there is a pattern here. They're all dead and they all didn't live to be 13, 14, 15 years old. t seems like 7 to 11 is about the year they all --expired. If that's what that means. MS. TOWNSEND: No, expired means the license expired. I'm sure. MR. KEPP: I hope so,and the reason, go through there. How come half o them say dead, does that mean the license is dead? Now I'm right on this one. MS. TOWNSEND: Alright Tom,I'm good,I'm good. MR. KEPP: I'm not saying you're not right but half of them say dead and alf of them say expired. Now when did we,what... MS. TOWNSEND: The association would be that the meaning of the two ' gs would be different. MR. KEPP: It's under status. 1 MS. TOWNSEND: Yes. I understand. MR. KEPP: It's under the exact same place in the report. MS. TOWNSEND: Yes. So that would mean the two words have differen meanings. MR. KEPP: So some place it changes. MS. TOWNSEND: Expired does not equal dead, Tom. Expired means license is expired. ll DR. EISELE: Tom, I have an excellent theory on why(Inaudible) MS. TOWNSEND: Right. Yes,Nan has rightly pointed... DR. EISELE: It's no longer the license of a dog is dead or the dog is alive ivith an expired license. MS. TOWNSEND: Yes. Correct. There is another status in here that saysenewed. i MS. GERHARDT: A status that says renewed. II DR. EISELE: That's what I think it means. it MR. KEPP: Well you think but we don't know. 1! DR. EISELE: No,but it made sense, a dog is not licensed until he's dead. MS. TOWNSEND: Okay. Please continue. MR. KEPP: But the fact is the dogs are still dead. I DR. EISELE: Right. MR. KEPP: Right. No matter how you cut it. ! DR. EISELE: Right. No matter how you cut it. 1 MR. KEPP: Okay, so no matter how you cut it all of those dogs have died d a lot of them have ages on them and they weren't like really old. M point is,it looks like a patte here,when you go out there and you see this guy breeding animals,then you look at the report and yo see nobody is licensed except for a few over the years. There is a problem and if they had paid attenti n. This comes under the policy and procedure and ordinance. I am telling you there is no way to plain this; except for somebody didn't do their job. Now, on the other side, I am going to back you because you have told us many times at this meeting,because I have asked it as a direct question. It's the order of the County Commissions that you do a, what do you call? MS. TOWNSEND: Voluntary compliance. MR. KEPP: Voluntary enforcement,hazard enforcement. We've have h. • many conversations on this over the years. So if the County Commissioners are directing that L '1 p and I've had discussions with Marla Ramsey, who is your immediate boss, at the County Commiss n meeting, out in the hall,you remember that day...and the reaction from her backed you up and she 'd well what do you want to do about it Tom? I've had discussions with Tom Henning. He knows wh the enforcement issue is like it is because I have been to his office to talk to him. So I believe so with the changes,we need to go to the County Commissioners and explain to them as a,were as ayers we are 20 , - . , , R2A2 Septe 11 .er 20,2011 paying the Officers to go out on these things but they are not right,they are not doing ther. ob through the direction of whoever. (Applause.) , MS. TOWNSEND: I just want to bring up two things for you to consider . le I don't feel strongly either way. We work at the will of the Board and we will do what the Board dire• -d with the resources we have available to us. However,I wanted to kind of talk two things out on th_ .ble. One is Tom and I discussed this prior to the meeting and the last time an e ��rcement issue came before the Board of County Commissioners at a policy level,was when we pas i -d Anti- Chaining. So I reviewed the minutes of that meeting. I found an instance where I said we,: always going to out and educate first. I found an instance where Commissioner Coletta said we p, .e ourselves in Collier County over, in compliance over enforcement. Commissioner Coletta was ad. .: t when we passed Anti-Chaining;that we give the people,specifically in his district,is who he was 1:111 cern about, time to come in to compliance. That we have an implementation plan associated with An+'�Chaining. It was passed in January and he asked that we do a big media push,which we did and stay . •,'h hard enforcement until May,which we did. So there is Board direction for what you talking ab t;be it right or wrong and if the community wants to see that change;we'll work with you to make it .pen with the resources that we have. No problem. So I just want to throw out one other thing. This is really dangerous and it •oing to make everybody in the room gasp and what have you,but I just kind of want you think ab t something. And it's almost a be careful what you wish for kind of thing. We had a call; we had two c is this spring for check conditions in local sanctuaries. We went out;the Officers did extensive reports. onditions were more than acceptable in both sanctuaries. However,the animals in those sanctuaries Iii ere not licensed. Is it appropriate to require licensure of every one of those animals in the sanct . 'es? They are owned by non-profits that are caring for them. DR. EISELE: That's a non-profit. MS. TOWNSEND: It's just a question I'm kind of throwing out there be e as we move forward. i MR. KEPP: I don't-- MS. TOWNSEND: As we move forward-- MR. KEPP: That clouds the issue. I MS. TOWNSEND: As we move forward we are going need to address thi• .tuff. So, I'm not trying to be a smarty-pants or anything. I don't think it is appropriate for all those': imals be licensed but as we work to refine the Animal Control Ordinance we are going to need to •le all those kind of things into consideration. DR. EISELE: Can I say something about that whole Perkins mess? CHAIR BREITHAUPT: Yes. DR. EISELE: I'm I up now? Are you done Tom, for now? MR. KEPP: For now. DR.EISELE: Alright. I'm I correct in thinking that he was not in compli. •e with kenneling laws to begin with? MS.TOWNSEND: That is correct. DR. EISELE: So it was within your purview to shut that down(inaudible) MS. TOWNSEND: What would have been in our purview would be to,an here is where we going to get into that same kind of issue, should all the animals be... (Interrupti by audience) CHAIR BREITHAUPT: Quiet. DR. EISELE: No. We are talking about a breeding(inaudible) 21 'i -1 JJ6I2A • Septe4ber 20, 2011 {I MS. TOWNSEND: Yes Ma'am. Yes Ma'am. I am trying to address your estion. What DAS could have elected to do; would be to refer that case to Code. That would hav been a Code and a Zoning issue. We don't have purview to enforce the LDC about kenneling or occup tional licensing or anything else; but we could refer that case to Code. However,here again,we nter into dangerous territory. Why do I want to,if I refer that case to Code;am I also compelled to efer,let's say, Mr.Delaney to Code? And that's where we get in to some dangerous territory. I w to fix this. I want to meet the community expectations. However, it is going to be really important tha when we come up with a new set of rules,which we are going to do and I hope we are going to wor together to do that. That set of rules can be applied to everyone and it's fair to everyone. I know that he members of the public who care about animals; say well you're suppose to get the bad guy and take e of the good guy. And in an ideal world,that's wonderful but we do have to apply the law fairly everyone. So,where we are now? We have to roll up our sleeves and we have to write a law that woks for everyone. 1 DR. EISELE: Like my only disagreement with that,I understand that,that reasonable: is that Mr. Delaney has not been on anyone's list. MS. TOWNSEND: Absolutely. That was in Code Enforcement. Absolut y. DR. EISELE: So where would you have found out about him to report • This has been brought up over and over and over repeatedly. MS. TOWNSEND: Sure, absolutely,although we certainly respond to oth calls for service of barking and whatever at dogs at homes. DR. EISELE: No. I'm just saying Mr. Delaney doesn't really fit. They ar all spayed and all licensed. The other thing that has been bothered me a little bit about this. Is being i the veterinarian community, I frequently hear from you that veterinarian's aren't doing there 'r share of licensing and not rabies and I'm sort of getting a little bit of out of this. MS. TOWNSEND: A point well taken. I'll accept that from you. I DR. EISELE: Okay. You got to start from home. Some of us do actually end a lot of money for licensing,as much as we do. MS. TOWNSEND: Thank you. DR. EISELE: Okay. MR.KEPP: The Perkins issue is in my opinion,you say that(Inaudible)b ',when you look in traffic. They give them warnings all the time. They have the discretion and they •'s 't just write the biggest fine, sometimes they do. You know,you all are supposed to do the same thing, If you look at it this guy,you know, like I said our Officers are trained in cruelty,abuse,neglect. The is no way this case wasn't in my opinion and I think a lot of people that are out there agree that therewasn't a least neglect in this case. And it was never brought out in 5 or 6 years. You know,maybe the t' ys intentions were,maybe he didn't kick the dogs and this type of thing but there was neglect. I mean . ' • I guarantee it but they don't have to go, it's like when we did the chaining law. And the Staff and a fe' people came up with this,well what about the poor little old lady that has the dog out while she is!,nuts the laundry out and if the phone rings and she has to run in for 5 minutes. We have to give he 1 a ticket. No you don't. No you don't. You can use that as an excuse and to not cover--to not pass a l.iw so you make sure everybody is protected but we don't have to do it this time. You don't have to live her a ticket. The law will work. You have to go after the guy that chains up a dog up to a tree . II• leaves. It's no different then this;you can put a law in place and when you see a case like this wh - there is neglect. He was selling animals. He was selling them and there is no shots,no licenses . is he didn't have a kennel permit. He's on less than 5 acres,not on 20. And it just goes on and on an. on. That's the guy you focus on. Or the guy that has his dog runs out and they attacked another dog •I they continually get out and harass whatever,you've been there 3 or 4 times and you still have ;t cited them. I 22 1 z� _ - 16I ZAP i 0 , Septes .er 20,2011 il That's the guy you put your time and effort into. You know,that's how you do it. You m:; 1,you don't have to take warnings to people. You could mail warnings. There is a lot of ways to save ; oney and time and go after the guy that is truly,truly causing the problems. And you talk about 1,e adoption I rate. You know our adoption, since we put the word in adoption in,the rate has actually g'� e down. That is not going to solve this problem. And this guy is a perfect example,I don't even i but I bet someone in here could though, figure out how many animals over the years he has put out ! to the community in the last 5 or 6 years. (Audience:and how many died ofparvo?) A lot. I'm ` st saying in general,this guy has contributed to this problem hugely a n d should h a v e been stopped a l l'j g time ago. And that's the guy you need to,you don't need,you want to pass some more laws;that's 1.1 at. But in theory, you don't have to write more laws,just use the ones we have in process. Thank y.!. (Applause.) i Public Comments t. CHAIR BREITHAUPT: Has everyone turned in there speaker slips? DR. EISELE: How many do we have? CHAIR BREITHAUPT: There are 10. So it's the pleasure of the Board to ither appoint a person to speak for 5 minutes or you can speak individually. DR. EISELE: Everyone? MS. TOWNSEND: You want 3 or 5? 1 CHAIR BREITHAUPT: 3. Do you all want to speak? Raise your hands i k , ou want to speak. MR. MARTIN: Let's get started. MS. TOWNSEND: And if each person would state your name for the reco l ,please. CHAIR BREITHAUPT: Please state your name for the recorder. Karen GI,• echt... Karen Gudknecht. (Name called several times) Kimball McIlvaine MS. TOWNSEND: Marcia. Marcia,you can call the speaker and who the will be followed by and that will kind of free you up(inaudible) KIMBALL MCILVAINE: My name is Kimball Mcllvanie and I am the fo' er parent of 2 golden's presently that I have had for 6 weeks and had 3 of the labs. All I want to say t4 .y is that this man should have been shut down due to enforcement. There are 2 cruelties. One is active!ruelty;that is a chaining,that is beating or something destructive to an animal. Then there is passive 's elty;which Perkins falls under and that is an act of omission and what all they need to say passive cru is typified by cases of neglect where the crime is a lack of inaction rather than action. 4 of these pup; es died, 14 puppies died. And I'm going to another case,last year the woman that passed away this p.! sed year, Tina. I can't pronounce her last name,had 70 horses on her property. I own one horse ant, it stays in the nicest place in Naples and I spend 2 hours a day grooming one horse. This woman h. 0 horses. 15 horses died because they didn't take these horses away. That is hoarding. That is passi ' . cruelty act of omission. (Applause.) NANCY WOODBURY: I'm Nancy Woodbury and I mostly want to say Jat Tom had to say. I don't understand how there were 21 documented visits to this man,to this prope 1 and nothing was ever done about the licensing and maybe vaccinations. And I also have a real proble 'th the fact that they gave this poor dog knowingly to a family that should not have taken him home : he never made it home with him and somebody had to honor some commitment which is just a bun': of crap to me. And this dog is gone. (Applause.) CHAIR BREITHAUPT: Chuck CHUCK DANIELIAN: I'm relinquishing my time to Kelly Fox. 23 r 1 !. I a, 2A ..) A Septe 'i •er 20, 2011 l ,, CHAIR BREITHAUPT: Kelly Fox followed by Mary Ellen Metro. KELLY FOX: My name is Kelly Fox. First of all I just want to say that I i sh that every month this many people were in this room at these Advisory Board meetings. (Applause.) Second of all, I am disappointed that the Open Discussion was eliminated. 1 pen Discussion at previous meetings has more or less been a question and answer type portion,;I 's is supposed to be for comments only. I feel that everyone that was here tonight deserves and e right if they have questions to have their questions answered tonight,not just make a comment anti ave their questions at a next,you know at another meeting. (Applause.) The Mission Statement on the DAS website: To ensure compliance with to•< and State animal-related laws;to return strays to their owners and promote the adoption of homeless`� 'mals to new families; and to work toward ending the community problem of pet overpopulation. 1 e Perkins case is extremely sad. It should never have happened. We have Ordinances, local Ordin. ,'1 es that should have been enforced. There was kenneling issues, licensing issues, as everybody kn'l s and also for vaccine. I want to know what is going to change,how it's going to change and when i t, . going to change. And since when are local Ordinances and State laws voluntary? If the police dept ent worked on voluntary compliance, could you imagine the chaos we'd have. (Applause.) S, I'd like an explanation of what voluntary compliance is and why you follow that procedure. If you s.`, that you voluntarily let them come in to compliance,are you saying that 5 years is enough? I meals that what you consider voluntary compliance; you allow somebody 5 years to come into compliance hile animals are basically dying and suffering and people are buying animals that are dying and there . contagious diseases as far as;parvo,heartworm,hookworm. So am I getting an answer tonight or... ��okworm... I'm I getting an answer tonight or do I have to get the answer at another meeting for this q stion? Hello. DR. EISELE: Are you asking me? II KELLY FOX: I'm asking anyone who will answer me. MS. TOWNSEND: Well Kelly, it's your 3 minutes. KELLY FOX: No but I'm asking. It's my 3 minutes but I am asking a qu- ion and I would like an answer. MR. KEPP: What is the question? KELLY FOX: My question is;what is voluntary compliance? Is that how ,LAS is going to continue operating? In voluntary compliance? MR. KEPP: Unless we go to the County Commission;yes because obviou , after all these years I've had this discussion and that is exactly what's going to happen until we go il the County Commission. I'll answer that question. KELLY FOX: Okay, so when are we going to go to,when are we going to'!.o to the Commissioners? What's the plan? I want an answer of when and how this is going to be ,1/11 solved so this doesn't happen again. MR. KEPP: Well I'm hoping-- CHAIR BREITHAUPT: I think you need to work with us instead of attac 1 i g us. KELLY FOX: No,I'm not attacking. Wait, wait,wait,wait. No,I am not�:ttacking you. I'm not attacking, I am asking a question. We're here to help and we want to make chang.' so I'm asking you. CHAIR BREITHAUPT: You need work with us—so -- KELLY FOX: No,but if they have questions they should get answers. Th.' are taxpayers. That is exactly what I am doing so I need an answer. DR. EISELE: What I'd like to say it is a procedure to get to the BCC and i order to do it again,we need to come up with a plan. 24 { .1) $ it It 2A2 Septer 20,2011 • KELLY FOX:X: Oka ; so when are when are you going up with a plan? Now or 5 weeks from now? DR.EISELE: Now,just us? No. We want input from you. We want you t. tell us what you like to see as well and so we know what-- KELLY FOX: I would like you,I would like DAS to enforce,do their jobs.I Enforce-- DR. EISELE: Enforce the existing laws? KELLY FOX: Okay, so if they are not going to enforce the existing laws w are the here then? If they can't enforce this;what is their job then? DR.EISELE: But then it was the whole thing with the Delaneys and we trying to get that change so-- KELLY FOX: No,no,no,no. He didn't have any complaints, okay.There s a whole stack of complaints. They gone out there,they didn't issue any citations for any violations hatsoever. They must have been having a tea party out there. They went out there and saw what was ong and just drove away and nothing happened. DR. EISELE: I'm agreeing with you,what I'm saying is,if we go to the B C with the existing laws and get them through and then we go back a year later because we want to . -nd the existing laws. I'm just thinking-- KELLY FOX: Okay,so. Okay so why? DR. EISELE: They haven't proven to be overly sympathetic in Florida,in :.eneral,to animal cases. Tallahassee is very unfriendly. KELLY FOX: Right but we have something here;we have local ordinance; that are to be enforced. DR. EISELE: So you what you'd like the Board to do,would be to go to �i- Board of Collier County Commissioners and ask only that the existing laws be enforced. KELLY FOX: Not only the existing(Inaudible)exactly. That's a start. have something that's being enforced but the problem, it doesn't need to go to the BCC --I me: it has to go to the BCC but what I'm saying is right now they have something to enforce,okay and th are not doing that so... DR. EISELE: Then it has to go to the BCC. There is no reason that... KELLY FOX: So the BCC has to tell them what job they need to do? DR. EISELE: Apparently(Inaudible) No. KELLY FOX: So the BCC has to tell them they have to enforce these law-. They don't already know that? That's not their job already? DR.EISELE: No. They know what their job is, all I'm saying is... KELLY FOX: Okay. So what is their job? Okay, so someone tell me,wh is your job? What is your job? CHAIR BREITHAUPT: Times up. DR. EISELE: Yes. KELLY FOX: Wait,wait,wait,wait. Will someone please volunteer thei ime to me? Thank you. Okay add 3 more minutes please. I just want an answer,we're here to get an ers,we want change. We want things to improve in our community. That's why we're here. (Apply e.) CHAIR BREITHAUPT: (Inaudible) KELLY FOX: What's that? CHAIR BREITHAUPT: Are you their spoke person? KELLY FOX: No, I would like,if they have questions,they should have m answered. They are taxpayers,they should have their questions answered. This is a public meeting. 'm just trying 25 li61 , aAa r. Septei4 er 20,2011 to get some answers and just know what direction we can move in. They have a job to do d they're obviously not doing it. This has been more than 5 years of complaints and issues. ,i MR. KEPP: (Inaudible)I'm on your side,I am answering. They've been, cording to Amanda they have been directed by the County Commissioners to basically try to educate ople. KELLY FOX: Okay. Okay,educate, so when they go out here,how are th educating them? Do they have these people take a class? MR.KEPP: I'm on your side. KELLY FOX: Or do the just say--what? MR. KEPP: And so,if she is correct and she is getting this from them,the I e need to, as a Board;we need to vote... to go ourselves as a Board to the County Commissioners an: say we want a direct order from you to Marla Ramsey,to Amanda that we want these Ordinances enfor'5-d in full. KELLY FOX: You're saying BCC is telling them not to enforce these. MR. KEPP: I'm telling you according to Amanda;that is the direction the :oard has given us. I don't know what was said between them,the whole thing. I'm telling you acc i�ding to Amanda and if I take her word for that, I can just tell you this... sitting in this room and • i. ' g to Amanda about this,you're wasting your time. What we need to do is go to the County C•11 1 'ssioers, because if,and I am giving Amanda the benefit of the doubt... that this is their direction . • so if is their direction,then Amanda can not change it. I'm not taking her part in it. You know every gle meeting for 5 years,at the end of the meeting; I've gone to Amanda about this whole thing. So I I . 1 not-- KELLY FOX: So basically what you are saying. MR. KEPP: I'm saying that-- KELLY FOX: Until the BCC says they have to enforce these it is going to is e a free-for- all. So anyone can do anything they want in this community. MR. KEPP: Until the County Commissioners standup there and say Aman�I • we want these enforced and let me tell you... KELLY FOX Wait. So right now there is now nobody enforcing anythin u' 'ecause the BCC says not to. 1 MR. KEPP: Basically. Basically. KELLY FOX: So none of us in here have to do anything with our animals We can chain them up. We can... not vaccinate them;we can do whatever we want and-- MR. KEPP: Just about. KELLY FOX: That's(inaudible) MR. KEPP: I wouldn't go that far but I(Applause.) (Inaudible) We need • go to the Board of County Commissioners. That is the answer. (Applause.) CHAIR BREITHAUPT: (Inaudible)Time. Judy Wilson... (Inaudible) i': Ellen Metro MARY ELLEN METRO: Could you please pass this out to everybody? I e Rescue of Rose flyer) Well you all talked about laws and what could have happen on that property • did happen on that property,here she is. I rescued this girl in 2003. This girl had two eyes,one eye : pushed so far back in her head and we had to remove it. He let that dog live on his property for 4 y'�I s like that. So he has started back in the 1990s. She was bred every 6 months. She had an eye that 's pushed back in her head. She lived like that. She,this is my dog now, she's got scars all over he ii ace; she got scars in her ears from not being cared for. She had no coat;her stomach was down on the thell ound. She couldn't walk. She came up to me with her head down and her tail tucked. And he had t•; •ick her up and put her in my car. To note that if I was not out there by 12 noon on that day when I s , the free ad in the paper,he told me—quote--I am going to destroy her because I can not afford to p., and take care of her because she is not a good mom anymore. Okay. Well I'm just saying we are s!ll king about I 26 j , , ., ,,,.„ ,s 10112 A 2. Septe s ii-r 20,2011 neglect, abuse,his attitude about his dogs. I don't call that love of his dogs. I don't call th• Mr. Perkins loved his dogs because he wanted to destroy her. That was my first indication that he,this aieeder was not what we would think to be a kind advocate. Yes,he could make money off his dogs, all know everybody that does this--the dogs. He was not really the channel we wanted. He as not a kind caring animal advocate. Let me also explain what the property was like. We all went k ack there after he left. It was like a concentration camp when I went back there after he left. It was 1 ore like a dog fighting compound after he left. When I was there in 2003,the dogs had green water drink. The dogs were tied with maybe a small bowl. The dogs were in kennels and the puppies were '11 kennels... they were not cleaned. There were various stages of pregnancy with his female dogs. He i ld me that many go off and get killed by the snakes. He didn't care;he didn't care about any of that. iI was overgrown;their home was the bush. Overgrown,their home was the bush and he was pr al d to tell me they like lying in the bushes and they are comfortable in the bushes. There were feces eve I here. It was despicable, it was horrifying,it was sickening. This is back in 2003 so these lists all i - way up to 1999 and back to 99. This has been going on for how many years,over 10 years,over 12 -ars. CHAIR BREITHAUPT: Okay. Did you complain to DAS on this at the t e? MARY ELLEN METRO: Oh,let me just tell you. I did complain to DAS.JI would not be able to walk away without complaining to DAS. Nothing was done about it. I was not a ntacted about it. I had doctors that went out there to get dogs. I had doctors that went out and bo III I t puppies and they would complain to DAS about what they saw. Nothing was ever followed throu, . We've had recent complaints... recent,recent complaints about that property and what the dogs were !oing through. Nothing has been done. CHAIR BREITHAUPT: Ma'am your 3 minutes is up. MARY ELLEN METRO: Well I am sorry. You know what. This is,this what you need to see because none of you people saw this. DR. EISELE: Yes we did. We saw it. '': MARY ELLEN METRO: Did you? Did you see her? Did you see all the a ogs? CHAIR BREITHAUPT: Yes I did. MARY ELLEN METRO: Let me say just one thing. I'm sorry... CHAIR BREITHAUPT: Okay. Judy Wilson MARY ELLEN METRO: Let me just tell. CHAIR BREITHAUPT: Well we do have rules and regulations. MARY ELLEN METRO: Would somebody else like to offer.... I just ha a little bit more to say,just a little bit more because it's really important. CHAIR BREITHAUPT: Ma'am MARY ELLEN METRO: What are you going to do;put me in jail? Oka I'm going to keep going. Rose was not the only one. She was set free. There were other dogs that w-1 escued. Some that couldn't crawl; couldn't move. There were other dogs that couldn't even stand ik p. These are dogs that were put for free in the paper and our rescue went to get them. Every dog we h.�M e gotten out of there hung their head and they were fearful and they were afraid of him. And Tom,w you said you didn't know if he kicked the dogs, I saw him kick dogs. You see I can put a place an ords to what you say and I can put experiences to words. Alright, 8 years later,she's with me. S - remains a special needs dog. I have spent a fortune. My husband and I have spent a fortune on her .' keep her healthy. She is not 121/2 she still holds the scars. Every week,every month I'm at the veil 'th her. He never took care of her,he neglected her,he abused her. That eye was pushed so far back , her head; my vet said there had to been strong trauma to her. So-- 1 MR. RICH: Excuse me. Do you somehow view us as the enemy here? 1 I 27 j�� 1 A2, 'T ` 6 epten lber 20,2 1 • I! MARY ELLEN METRO: No. I am telling you because how many of you lave been out there to see these dogs? How many have you been out there? CHAIR BREITHAUPT: We saw the video. , MARY ELLEN METRO: All I'm trying to do is tell my story of Rose but I,am also trying to tell everybody else that has had to deal with Perkins their story. Do you unders d? It's not just Rose. It's all the other,Willie... where the hell is he? You know,because of neglige e. MR. RICH: Do you think we have never(inaudible)animals(inaudible)? MARY ELLEN METRO: Well if you did,then why weren't you out there losing him down? MR. RICH: Because I'm not a part of DAS (inaudible)and I don't have th authority to do that. MARY ELLEN METRO: Then why? MR.RICH: We are... MARY ELLEN METRO: Excuse me? MR. RICH: We are supposed to a liaison between you and the Board,if yo, .have a problem,I mention this, if all of you would have been here because month after month aft r month instead of having 2 people here and wanted to get input to us; we would have the ability t make things happen more between the Board and the Board of County Commissioners. And somehow 's is our fault. (Inaudible)We don't even know what's going on. MARY ELLEN METRO: What? L KELLY FOX: Nothing happens,that's the problem,nothing changes, it s s the same. CHAIR BREITHAUPT: You guys,instead of fighting with us you need t work with us. KELLY FOX: We've tried Marcia. How many months have I been here? ow many months have we all sat here and nothing changes? CHAIR BREITHAUPT: Did you go to the Board of County Commissioners yourself? (Inaudible) MARY ELLEN METRO: Nobody is an enemy in this. What we are tryin4 to do is stop this... stop it, stop it, stop it. (Public person shouted; if you don't know what you're doin ,find something else to do) (Applause) Stop it. And Rose will probably be gone before anythi is ever done in this County to make sure this never ever happens again. But I want to make sure that never happens to golden's to, I don't care, shiatsus or to any breed of dogs any animal. This 'not happen again ever, 10 years, 12 years. This can not happen to all those animals. ■j MR. RICH: We all agree with you. We do agree with you. We have som4 of the most egregious laws in the Country in this State for animal welfare. (Inaudible)Wisconsin... MARY ELLEN METRO: So change them MR. RICH: We don't personally have the ability to do it. (Inaudible) l MARY ELLEN METRO: We are going to follow through. We are going to follow through. ii MR. RICH: And you just stand up there and... MARY ELLEN METRO: No. I'm just telling my story. DR. EISELE: I would like to say that one of the biggest things we got through was the Anti-chaining and it was because of the work of these people. MARY ELLEN METRO: That's right but he still chained. He still chain those dogs. DR. EISELE: I'm sorry we can't monitor him. You call and we try to get .done. That's not our job. Out job is to take your input. MARY ELLEN METRO: Then that's their job. That's their job. Alright -that's her job. That's DAS's job and that's all the animal control officers that are supposed to go th :e and care. 1 28 S : A là ,` 1 6 I it 2 A 2 * 14.' September 20, 2011 • • ii DR.EISELE: We are not animal control officers. j i MARY ELLEN METRO: I'm not arguing with you about that. ,, DR.EISELE: (Inaudible) i' MARY ELLEN METRO: And I understand that Doctor DR. EISELE: I love the fact that you've got this little old lady in a carnage MARY ELLEN METRO: I love that Doctor that is very nice but please let s not make sure this never happens again. DR. EISELE: Yes.This is something we need to do. We need to talk abo 1 what happened. I agree. Everyone is outraged by it but we need to at least come up with some 'ng constructive. MARY ELLEN METRO: Why isn't this side of table saying anything? CHAIR BREITHAUPT: Can we go to the next speaker please before we h ve to call someone? MS. GREENE: Yes. And for the minute keeper it's very important. Excuse me. For the minute keeper, it's very important. If you're going to cede your time; I need you to stand i p, state your name for the record and say I'm ceding my time. That is up to the discretion of the Ch.' !i: to allow people to cede their time. We need to keep a clean record. So please help the minute kee. r by one person speaking at a time. Thank you. MARY ELLEN METRO: Mary Ellen Metro,of Golden Rescue of Naples Thank you. She (Rose) says goodbye. (Applause.) CHAIR BREITHAUPT: Judy Wilson JUDY WILSON: My name is Judy Wilson and I responded to an ad in Ap '1. And a friend of mine and I went out to pick up this dog that was described as fit and old and a fe ale. Mellow was chained behind the house. He had to go behind the house to get her unchained. He t d us that. Meanwhile I was looking at two other dogs that where chained. And she came out, she h on a chain collar that was probably inch long link that had been on her a long time. Her teeth were d 'wn to the nerves,we can only apotheosize that it was from trying to chew the chain off. Her nails re curled over; she had tumors, an extremely bad ear infection,that's just her. While we were there a saw most of the dogs had open wounds and scars with flies on them. And we were kind of shooing em off and she asked if he was going to do anything--no--their okay--their okay. So yeah,we hav the neglect there too. Mellow has since lost all her front; all of her front teeth have been extracted. r nails have now been cut and she is able walk again. That's just part of it. I didn't even go into that hen I called DAS to report this. I didn't go into all the neglect that we saw because I was going by th laws. I said I saw two dogs tethered. One we know was tethered behind the house because he had to g and undo her. So,there's a tethering law. This was in April. And the other thing was, I had forgotten to ask him when we were there when her last rabbi shot was. So I called him up. I said when was her last p bbi shot,and he said oh,I had a vet out here 4 or 5 years ago. That was his response. Okay,that's one g. Two weeks later; I'm out there rescuing another dog. I didn't even go on the property that tim ecause I was so disgusted with it. And I have to admit that,with this whole debacle with the Perkins do coming to DAS and that as a taxpayer who has to pay for all this too. I couldn't understand when th were all these rescue organizations willing and already able to take all these dogs and foster them d DAS held on to them and did a lot of... these dogs all have issues. They've never been socialized. u know... like this one; every time we clap, it's scared to death. I just couldn't understand that.The b rescues and the golden rescues were all there and DAS held on to them. As a taxpayer,that cost a lot of money and I don't understand that. So,besides the neglect,I am with everybody else. I n't want to see this ever happen again after seeing the conditions out there. Thank you. (Applause.) 29 , ,,-.7-71/4 -.i AS 181 ;12A2 -. Septenh•er 20,2011 l CHAIR BREITHAUPT: Bibi Barrett BIBI BARRETT: Bibi Barrett. All that I basically have to say is I am not .,,.re to fight with you, or you. I just want to put you on point,everybody in this room on point;we are '.4 ing to make things change one way or another. We are going to go to the Board Commission,if that's 11 hat we need to do,whatever it is. Okay but we have got to do something. That is disgusting, inexcusa. - and should have never happen again. Should have never been allowed to happen. I can't understand F ,w or why it was ever even was allowed to go on since 1990 something. I mean,whatever,long story L•rt,the gloves are off. Let's fix it. We can sit here and scream at each other day in and day out. •t is not going make Rose feel any better and it is not going to prevent any other thing from happe g like this. I am tired of fighting with you and I am tired of fighting with you and everybody else. So -is just make it happen,whatever it is, let's just step up and do it because the time has come. And i 's too late for them but let's save somebody else from being in those shoes. (Applause.) r CHAIR BREITHAUPT: Colleen MacAlister COLLEEN MACALISTER: My name is Colleen MacAlister. I'll skip th=; .xplanation on the Duren' dogs because that will go back before the County Commission in October s. I won't bother to correct that record. With respect to your question about enforcement; Florida S to 828.27... I'm speaking fast because you've given me only 3 minutes, 828.27 Act states specifically I,at you can file. The County Magistrate can find a party in contempt. The idea of that the Contempt .tute is meaningless,means that the Legislator made a meaningless statute and they don't do that.' •ttached to any finding of contempt are the legal mechanisms to enforce contempt,which include a lit of Bodily Attachment or jail, in other words,they include cohesive daily fines and the only require !nt of the Magistrate is that she include a civil purged vision,which means you either pay the fine o I 's is what I am going to do to you and as long as all the requirements of due process are met. That is . l the courts would care about. So I find it a little bit difficult and I;with all due respect to the County 'ttorney, disagree with her that there has to be anything else in that Ordinance except the will to as e Magistrate to find contempt when somebody doesn't pay a citation. I Second,I would like to know; I read that FAQ or that report that was done_i d it seems to me for the past 6 years the County has found that under this idea of compliance over e ircement that• compliance,that he was making reasonable efforts. I would like to know when DAS co• u ers efforts of compliance unreasonable--7 years-- 8 years-- 10 years. When does it become unreaso• I •le? I would like to know why anyone that took an adult Perkins' dog should have to buy a license. U il -ss the County can show me where they enforced the license provisions against Mr.Perkins for , se dogs; why should any new owner have to buy a license and in fact, it kind of,after this discussion to.'.,y, I have to say that quite frankly... anyone in Collier County that buys a license is foolish. (Applaus;! ) I don't think that this County has the ability to enforce any license require ' -nts. Ms. Townsend herself said they want to apply the law fairly to everyone. Well if the law was I .plied fairly to Mr.Perkins and no licenses were required. Then the law should be applied fairly to ev-: one that adopted one of those dogs and no license should be required similarly. The last thing I w.'.t to say was CHAIR BREITHAUPT: Colleen this is over 3 minutes COLLEEN MACALISTER: The last thing I want to say is; I'm sorry but ; •on't understand if you've been bringing up compliance for years why DAS didn't go and ask the authority to enforce a long time ago. They had to know what was going on this property. j ey should have gone to,that's their job. Their mission statement starts with enforcing Collier Coun. Ordinance. . Either the County Commission passed Ordinances(Applause.)either the Collier County • immission passed Ordinances that are meaningless,and if so,then please tell me which Ordinances ' -y do consider meaningful. So I know which ones I have to obey and which ones I can ignore •1,'they intended for it to be enforced and if the is some back room chit chat;that says we don't re ly want you 30 - 16I Septen�l•er 20,2011 A 2 . ii to comply with these Ordinances. Then I think that needs to be made in the light of day an quite frankly,if that was the conversation then they violated the Sunshine Law because I can fin. nothing in any discussion anywhere between the County Commission and DAS where they said we d:, 't want you to enforce these Ordinances. So somewhere then members of the County Commission an DAS were violating Florida State Law. That's all I have to say. (Applause.) MS. GERHARDT: There are 2-vehicles that are parked in front of our gat-:, :ut front,the side gate. Does this sound familiar to anybody? We have a van out there with animals to •wnload and can't get in. One is a little BMW and the other one is--they are both backed up to our gat. MR. RICH: Are you an attorney? You would make a wonderful represen ve for this (Inaudible)and I for one would(inaudible) , COLLEEN MACALISTER: I would be happy to help in any way. CHAIR BREITHAUPT: Cindy Harrold. Janice is next. CINDY HARROLD: My name is Cindy Harrold and everybody has done • i•retty good job on hitting most of the points that we probably all are feeling. I guess the only thing I 'i•uld say to you all from DAS here is in a word... accountability. Where is the accountability? Who s it? You didn't know he was violating land use code because no one called you. Nobody called Co- because you didn't call them. This was a property you that knew had diseased animals on it;not v.11 good for the citizens of Collier County. This was non-licensed. Violations were rampant there but ;4obody is accountable. I mean, I feel like it is the Federal Government but it isn't. I'm paying taxes'd ere; I want you guys to be accountable for your job. I've read every statute local and State. I saw no ;ords that said voluntary compliance. I don't know what that means either. Nobody seems to know ;' hat it means. You know,if I had a job or in my job and I wasn't accountable for every aspect that went , ,I'd be fired. And I just don't get why everyone passes the buck. And notice I'm looking at the i : d not you guys because it is your job to know and it is your job to talk to your bosses and it is your j,I , to say... this property really sucks out here and this guy is a breeder. He's got diseased—dead— ' :tever-- animals out here but you have to care to be accountable. (Applause.) JANICE RUDOLPH: The Board,the 3 people I know very,very well on ti- Board,they care. Their problem is and it's not even necessarily Amanda, she's screwed because she c , 't get anything to the County Manager. If you check the Board of Commissioners' website it sa . on it... they serve on the behest of the County employees. That is not true,we elect them,they serve the behest of you. The only way the County Commissioners will listen to anything,you can go to the ' etings until your blue in the face. Been there,done that. I've known Nan for 15 years,nothing ever .pens. You have to drag it through the paper and you have to get them voted out. You can meet with I em independently, separately like Mr. Kepp does. I've met with all of them over the years. • d they sit and have a nice lunch with you and they agree with everything you say. They hear you, .y pay attention to you,they understand it and they all get up there and vote at whatever the Co y Manager and Amanda's higher ups tell them. MS. FLYNN: Please state your name. JANICE RUDOLPH: Oh. Janice Rudolph. And the first one,I know To i .aid the complaint started in 2005,Lisa Morelli and I and Mary Ellen Metro were complaining in i 100 and 2001 when Pet Smart of Naples first opened and everyone was coming to me to help them pay ,•r Arthur Perkin's parvo dogs. Many of them died;parvo treatment has gotten better. He's had n '1-rous law suits against him from these adopters. And Amanda could have shut him down without '! County Commissioner. This was her fault and I think she'll own up to it. When Fred Coyle said smpliance first,that's fine;everyone needs a warning or two. You go to an abused child's home,y•I don't take the kid away the first day,you work with them,you give them a chance,you give them a 1 w months. Maybe Mr. Coyle and Amanda need to put a little side thing in there,not a law,just a pol' change that u tl 31 . --I 1c . i 1 �� 1 2 � . A 2 Septe 4 ber 20,2011 1 They will give these people 6 month chance to comply, if they haven't complied in 6 mon i j s they lose the privilege of doing their business. The other people you have to go up against is the C•f ty Attorneys' Office because their attitude is... and when you talk to them about an mandatoit spay/neuter law...you can't tell people what to do with there animals because they're just property. U1 it you let your grass get higher than 6 inches and then they'll sure as hell will fine you and those fin . you have to pay. You may not have to pay a fine,although I know people who get a 7 day notice to re few the license or show proof of rabies. I believe that is still the law. If they don't do it they get i assed to pay the fine. Perkins slipped through the cracks and he didn't really. This was long before • •IN da got here. Lisa and I have filed complaints back then. Everyone who has ever bought a dog fr I him,he used to charge $1200 in the early 2000s. And shame on the vets,who shall remain namel. s, Dr. Ruth knows who they are,who cut Mr.Perkins a$25 discount. And shame on every vet in this'i4wn who was giving discounts to breeders but not to animal shelters. Okay. Harborside -- I' DR. EISELE: I hate when you say that. JANICE RUDOLPH: No because there are very few clinics that will cut b •aks any more for us shelters,the Coalition,the Pet Coalition, some of the rescue groups. Some of 1 s have found our vets, and by the same token,those vets that we have found will not cut discounts to br!-ders. The • other thing is,the last meeting, I think was here about 18 months ago. We had all the rep i.ble dog and cat breeders in town. We had a big thing that was presented urging Amanda to institute a censing law that everyone who wanted to breed had to get a County permit. The reputable dealers we , here at the meeting. They have all said they would pay$100 a year or$200 a year and if nothing els ]this will at least shut down the backyard breeders. Arthur Perkins was a backyard puppy mill; if he :d been required to have a license he would have been required to be out there every year. Not o 1 that,there is a lemon law;a state lemon law that Amanda could have enforced. And some of the vets, i ere is a vet who shall remain nameless, from the best clinic in town;who will not report a cat mill th• is breaking the lemon law. So we need the vets to report it so there is enough blame to go around. : Where is the Breeders' Law? We want everyone to put in Collier County, ; hen they have puppies for sale... I'm getting them. They breed;they have 10 boxes in a litter. Th.' ast one... Animal Control had 2 of them,pure breed pit bulls,he sold 8, couldn't sell the other 2,br,1 ght them to me. They had names;I said just get a skin-scrape so I know what I'm dealing with. He b I t ught them here. They were probably put down because they're not in good shape. But he's allowed j i. breed,if he would have had to put an ad in the newspaper like a plumber or an electrician and had to t his Collier County License,then everyone else,the backyard breeders, like this douche bag,he woul r have been reported. And Amanda does have enough volunteers and I'm pretty sure even Kathy cod' scan the classifieds once a day. It would take her 5 minutes to scan for the dogs and cats for sale i Collier County and see the breeders' license. And if there wasn't; someone can phone. Okay, n. Jack will tell you,he has been up against the Board of Commissioners forever,since back in his H ; an Society days. I've been dealing with this since 96 when I started volunteering here. The other t • g,when Fred Coyle says to Amanda... do everything you can in compliance first. Set a six month thin,' on it. Speak to the County Commissioners,Amanda. It doesn't have to go before the Board. Say we' going to give everyone a chance, we are going to put a time limit on it and if they haven't complie fi in 6 months they lose the privilege. Owning a dog or a cat is not a right it is a privilege and if you do I follow the laws and she has rabies law in place. She doesn't have to deal with Code Enforcement. e has rabies laws in place-- DR. EISELE: Judy,where are you on your list because no body else is go g interrupt you? (Inaudible) r JANICE RUDOLPH: Okay. But wait a minute,when you are dealing wi 1 the comment;that well if we come down hard on Arthur Perkins;then we have to follow the e law for I 32 1I A ew - , ? .# 16 . 1 c , .. s , , ..,, ,,. Septe ber 20,2011 ti Delaney or whatever his name is. You don't have to because there are gray areas. If Del. -y, if you've been to his house and every thing is beautiful and immaculate; like Jim said the Immokal- I Shelter was. If it's well fed and clean;then enough said. It's handled. Do a surprise visit. If it's fine, V fine. Non-profits are different. We are under FACTA Laws and the Florida Ani al Control Association. There are a lot of laws we do not have to abide by. There are several that w= o have to abide by. We can have more animals per square foot then any law;we are allowed to bre.� that law that way. There are very few laws in place for us. We all follow them and if you fmd one of ': not doing what we are supposed to be doing;you can report them as I've done. Nothing has happen •. There is a rescue group in Lee County that is letting all the animals go. No, e of them are fixed and that is against the State law for non-profit animal shelters. Okay. And the other thing is,I don't know why you need a legal status to fuse adopters. We get people in Pet Smart and all the other groups will tell you; if they don't 1 i e the person; if you ask the child what happen to your last kitty... and well dad crushed it in the lazy b' when he was watching football,then you say no,well you're not going to get another cat from us. o you do have the right and it is not a legal thing. If you are afraid of,you know the ACLU and all 1'at;you'll win that case because you'll have enough of us there to make a statement. The other thing since I've been coming;well I don't come anymore beca I feel like we're beating our heads against the wall. You don't blame these people. They doing the �M-st they can. They care. I've seen them cry. They're devastated but they go up against Amanda. Am. '11•a is not a heartless person; she wants to do right. This is all a moot point. Dr. Heidi Ward,the can: •r specialist on this coast said to me the other day, why are we even doing this,a mandatory spay/neu ; law and this is all a moot point. It's a moot point. There would be no killing with the mandatory spay ,euter law. And do you know what; within 2 months Fort Myers,Lee County is going to have it. M. 'i e n County which is as poor as Polk County has 2-spay trucks and a mandatory spay/neuter law and -y are so poor they don't have a pot to piss in. So don't tell us-- Oh. They're all upset about Willie going to a home;were you had the rig 1 o refuse them because they were already blacklisted. We've look up on our black list because I h.' e a variety of people doing adoptions for me and sometimes they don't look through the black list. I've r.one back to their house to repossess the animal and say,on our certificate it says we own the cat for 3 days or the dog for 30 days. It remains our property. We can pay the vet bills,we can help them wi ,; shots,we can help them do all that but we can repossess the animal and if someone has gotten it from o blacklist and we go and do not like the situation. We normally blacklist for a reason. There is a Do N. Adopt List for Southwest Florida that Amanda can have her people listed on it. The Human Society ' 1 ould be on it, we all put our blacklist on it and they may not be illegal reasons. Crushing a cat in a lazy 9 oy is not illegal but I don't want them to have another cat of mine. And for Arthur Perkins killing the dogs when they are 4 years old and he's •red them enough and doesn't want to breed them. He is perfectly allowed to kill them. He is not . •wed to let them lay there and suffer in pain because that is neglect and then that's Amanda's proble she can assert that but he is allowed. He can take any perfectly healthy pet to a vet and have it eu anized. MR. RICH: Thank you Janice. (Applause.) JANICE RUDOLPH: Only 2 meaningful laws to us rescuers in the last 2 ars,the TNR Law and the Chain Dog Law,nothing else makes a difference to the animals' lives that th' , have passed here. CHAIR BREITHAUPT: Michele MICHELE ANTONIA: I don't want to. CHAIR BREITHAUPT: She passes. Advisory Board Comments. 33 $ (s, A. *i• i u i 2A2 cHAr ,. „, 1 Septe er 20,2011 fi Advisory Board Member Comments CHAIR BREITHAUPT: Tom,do you have anything? MR. RICH: Tom. DR. EISELE: Tom. MR. KEPP: That pretty much says it all. But you know,I will make a poi .here, I mean,again I've already told Amanda what I think and I've said it for every meeting. Th:' :oard knows how I feel at every meeting. It is our responsibility and, and I'll take the blame on(inaudi e)I haven't said it before,we have to go to the County Commission but we should. We're on your si•4. I mean, we've all have lives and we come here every month and spend a lot of other time outside Of here on these things,believe me. I can only speak for myself I've been here since the first mon I f 04 and have been here every month. I bet I haven't missed 4 meetings. See I'm going there with point. In 04 according to the newspaper--the citizens need to push for a countywide spay/neuter pro and submit to the County Commission to pass for public funding. The Human Society offereel 100,000 to buy a spay/neuter bus and we wanted the County to fund it for 5, 10 years but we would s le for 5. Randy Eisle was the President of this Board. Myself and one other person voted for it an e got enough people to vote it down so it wouldn't go to the County Commission. That was in ' and... MS. TOWNSEND: The CCVA is a waste of time. Sorry Dr. Ruth. ti MR. KEPP: That was my point. But then in 06 it said in the newspaper-- ou need to cut back on animal cruelty. And it said one way to cut back on animal cruelty would be t• ut back on the number of animals out there--me and the other Board Members want to see the Coun■ move forward with a mobile spay/neuter service. That never happened. Then it goes back to y e I can't adopt your way out of it all. In 07-- it says citizens have to push for a countywide spay/neuter i i ogram to ask the County Commissioners to pass this program and fund it. It didn't happen. My point is this is not the first time we've had these conversations. I kno I f 3 different events,I can't name them all, one had the word adoption in the front of the program and .le was the TNR that we have had crowds here. Here again,this was in 06 and the County,the paper I. e out and said(inaudible)members of the Domestic Animal Service said the animal lovers(inaudib 7), we want them to stay angry. They don't want anger directed at them. We want them to stay anger t over population of animals. No one from the public has been at these meetings for months,an dvisory Board member counted over 25 people in the audience. Then this cat thing came up. 5 p ple showed up and those people keep coming to future meetings when there not so controversial issue'is set on. And you know what--after everyone of these meetings about 2 months later,we have 6 ..a ple sitting in the audience. i JANICE RUDOLPH: Because nothing gets done. 1 MR. KEPP: Wait a minute. Well,they don't get done because people donll go,here again,how many people know who their County Commissioner is? JANICE RUDOLPH: We all know. MR. KEPP: Okay,I know. JANICE RUDOLPH: It's got to be dragged though the paper. They don't'.are. MR. KEPP: Okay,that's fine but if you just quit it doesn't happen. And i I,ou go home tonight and tomorrow and next week and you don't keep coming,doing this and keep ho ' ding the County Commissioner it ain't going to happen. JANICE RUDOLPH: Well,you got to go hound the County Attorney's o' ce for 15 years they say they won't do a spay/neuter law. MR. KEPP: Then you are informing me of something. Then I agree with •u. Whoever it be,the bottom line is-- ' f 34 1: c- A ' I r s 10 it 2A 2 . September 20,2011 CHAIR BREITHAUPT: Tom MR. KEPP: Yes. Just a minute. I agree with you but my point is, I just hap a conversation with the guy that is running for Henning's seat. I called him, I said,what do ou think of this--and he goes--well Tom,you know you really can't get on peoples --you know--i s a fine line. There is no fine line. I want an answer before I vote the next election. Do you support a rcement of Ordinances or not. I'm just saying you all just can't go home and then expect us to chan it because we can't. We've tried. You got to;maybe you should write the County Attorney. JANICE RUDOLPH: You know what. If Lee County can do it. She can it. (Inaudible) It's doable you just need to do it. MR. KEPP: You need to stay with it. CHAIR BREITHAUPT: Dan MR. MARTIN: Oh. Is it my turn? MR. RICH: We'll make it your turn. MR. MARTIN: Thank you very much. Finally,my turn. First of all, I w to apologize to the audience here. The Public Open Discussion should never have been taken off the a da. (Applause.) I've got the Frequently Asked Questions here and I have a couple of questi s myself. What happened with Willie? Barbara Dunshee put in an application for adoption. Do you now the date that she responded,that she applied to adopt the dog? MS. TOWNSEND: I can look it up. I don't know it off the top of my head MR. MARTIN: Well okay. The next statement here; it was approved. Do ou know the date it was approved? MS. TOWNSEND: Again, I can look it up. MR. MARTIN: Okay but now;the error belongs to DAS and the decision as made to honor the adoption. I take issue with that. The error was compounded(Applause) The err.'' was compounded by honoring the adoption. The dog should have just been taken back; should .ve never been surrendered to those people. That's why we have a do not adopt laws. Okay and co II you get me those dates please? MS. TOWNSEND: Sure MR. MARTIN: Okay. Thank you. Now the laws as applied to both Perkin: and what was the other gentleman's name,Delaney. Okay,well I think the law worked very well th,way everything came up. The Delaney's appealed. The appeal carried in their favor. I think the 's a great outcome and the only thing missing is,that something that he who remains nameless,is me tioned for the past 20 years, is the enforcement. We have no enforcement. This lady here says the fin can be collected. Now that's a conflict. I hope when the County Attorney comes back with a mec 'sm; she'll include that. Okay,there were 45 dogs. Okay. Do you know how many are alive today? ;(Audience shouts 49) Do you know how many are alive today? MS. TOWNSEND: I would have to check with the Human Society Naples. know that of the 12 DAS retained ownership of either 10 or 11 are alive today. MR.MARTIN: Okay. Could you get those numbers for me? MR. TOWNSEND: I have to get the numbers from the Human Society and can do that. MR. MARTIN: Okay. I would like to propose that; because this has been a over the map. I mean you got a lot of emotions,a lot of people talking,a lot of people screaming an.,, we need to draft a specific proposal to the County Commissioners because that is what the deal with. ey deal in specifics. I mean,people don't want to hear it but that is the way they do business. You re., their 35 i 191 2 A 2 Septe s. .er 20,2011 i! agenda and they stick to it religiously. We need to draft a specific proposal with specific i''-ms and get that put on the agenda and then go as a Board. Lady from the Audience: Why? But I say why Daniel...put that on the DA;: website and allow for public... CHAIR BREITHAUPT: Ma'am. Ma'am. MR. MARTIN: Pardon me. Lady from the Audience: Could I suggest we put that specific proposal on e DAS website and allow for input from the public? CHAIR BREITHAUPT: Dan,this is just for your comments. MR. MARTIN: Absolutely.I encourage comments from anybody. You c. contact me. You can contact me through Amanda as well. ',, CHAIR BREITHAUPT: Dan f MR. MARTIN: What? What? No,you can contact me through Amanda . d I'll listen anyway to whatever anyone has to say and I think that's it. Okay. Well,do you have to e notice when you go to inspect the premises of the breeders? Or do you go surprise them? MS. TOWNSEND: Generally speaking,we send a letter right before the f .t of October. They'll send us their application and a check and then. Are you talking about inspecting f permits of a pet shop, ,etc? MR. MARTIN: No. I mean inspecting the premises. MS. TOWNSEND: If we receive any call for service,we just show up. MR. MARTIN: You just show up? MS. TOWNSEND: But also if we are doing our inspection service for a pi shops, etc,no we do not. Unless the Officer has been out 3 times and they can't make contact orl ey can't access the property. Then we(Inaudible)we're wasting our gas here(Inaudible)but othe an that; no we do not. MR.MARTIN: My last comment is;well after 21 trips I think someone s •uld have noticed that something was off with that and carried on the investigation for the next step. JANICE RUDOLPH: And before Amanda got here too. MR. MARTIN: Thank you. CINDY HARROLD: I just have one question. I know Amanda you have '' be,because of the rules you've been mute tonight but I wonder if anybody has ever asked you what ys! vision of DAS would be? What do you want to see happen here? MS. TOWNSEND: Thanks for asking. I'm not sure I can not keep you a4 here all night. CINDY HARROLD: I didn't actually expect an answer but tonight--bee.' se I thought you'd be-- (Inaudible) MS. TOWNSEND: You know, to a certain extent if you look at,if you a -nd a workshop where we talk about 10 priority projects,you're going to get an idea of what's '`y portant to me. The other part of it is,to a certain extent, I'm a public servant. The Community sets 1 r e standard and my job is to carry out their will and what is confounding is that then there are these la rs of bureaucracy between us. You know, I'm going to apologize publicly right now; for not 1.'.king at the speakers. I am looking at my Advisory Board and I'm taking,I'm kind of taking their in.It,this is their meeting. I've learned over the time to not to look at the speakers because they will zone 'I right on me and this is a process that involves the Advisory Board and the public and the Board of Co'? ty Commissioners. I work for the County Manager. The Board of County Commissioners al not give me direction. They give the County Manager direction to direct me;that's part of the County anagers Ordinance. Its bureaucratic and complicated,I respect everything that everyone has said. t is important 36 1 "..' A '- , , ,. , , , ) A ...I , . -1 - 4 i 16jiu2 ill i..t . ... Septe ber 20,2011 to me. I do care. I take your comments to heart. Part of the reason I can't look at you as apeaker is because I take your comments too much to heart. So I just want to get that out on the table d thank you for asking. But ultimately I am a public servant. My vision is carrying out the standar of the community center. (Inaudible) That becomes difficult. MS. GERHARDT: We can't direct you to go. It doesn't work like that. MS. TOWNSEND: Thank you for asking Cindy. Madam Chair. Madam Clair. CHAIR BREITHAUPT: Dr.Ruth DR. EISELE: Yes. I think I feel more for the animals then any person. (Inaudible) CHAIR BREITHAUPT: and Jim DR. EISELE: But I also think that any time there is a hot button issue,we 4 climb on board and then we all sort of fade away into the sunset, and there has only been a couple of things we've have accomplished as a Community and a Board that have gone through.And we have to hilve help from the Community and I think the lady that spoke,the lawyer would make an excellent s kesman for the community at large and anything you guys come up with to present it, email it to Jim, is organizational,he will get it all organized. t The other thing I'd like to say is,I've been frustrated in the almost 4 years Ive been here by the laws and the rules that govern government. And it's very frustrating. There is no r on in my mind why you can just have a god damn but no,you have to go through all these 'ener steps and it is very,very frustrating. I remember the person before me and what DAS was like I am sure a lot of people in here do. And even though we have our differences on things I would like say this is most receptive DAS community at large I feel in years and I... (Applause.) CHAIR BREITHAUPT: Are you done? DR. EISELE: Yes. r. 1 CHAIR BREITHAUPT: Jim 1' MR. RICH: Alright. Janice,had you been here 2 months ago,we're talkin about priorities, I basically ran the entire meeting for an hour berating the Board(inaudible)beca a we had not accomplished anything other than the leash law,the chaining law and TNR. In my fru ations questioned whether I even wanted to be on the Board anymore because I've been so frustr ed trying to accomplish anything. JANICE RUDOLPH: I wouldn't want to be on the Board. MR. RICH: Okay,having said that,we did get those 2 things passed and wo said its time to. JANICE RUDOLPH: A year for each thing. MR. RICH: Which is why we started-- CHAIR BREITHAUPT: But we don't,we can't talk to each other ever. MR. RICH: So for all of you the 3 top items of the work plan at this point; w Spay/neuter for families in jeopardy of losing their pets through financial hardships this w d include free and low costs assistance on an individual case. That was the#1 pick. #2 was air cond ion the kennels,fund raise through community cookbooks,etc. and#3 was the backyard breeders, uired license,vaccines,(inaudible) spay/neuter(inaudible). So as it stands these are our 3 main gets which one way or another I am going to try as a Board Member try to get through this year. In terms of... I'll take the responsibility for this. We made a decision not to4have an open discussion,I shouldn't say that,not to open a can of worms and I will tell you why. Every ne here was very hostile when they first came in here,with good reason. The last time we had even 20 eople here, not just some of you that were here whatever and we had open discussion. We talked alm an hour and a half and accomplished nothing. There was a dart throwing and screaming back and rth and it was completely unproductive. The conversation we're just having now,if we had it now, ,would be all 37 „A.. ,.„, iii , :1 1‘ t I 6 I 16I2A2 1. SepteMber 20,2011 for it but that is the only reason. It's not like we are trying to shut anyone out and I though by at least having individual comments everyone gets an opportunity to say what they wanted to say. That's all I have to say. CHAIR BREITHAUPT: That's kind of why I let you ask your questions b , use (inaudible)Anyway, I hope you guys will all come back, if you would. We're only as goo as you are. Yes. SUSAN MEHAS: I just want to ask one question. I'm sorry I did not sign ,p properly. I know most of you on the Board, I don't know this lady. I certainly agree with Tom and ev rything he said. The one thing Amanda,that bothered me more than anything was what Dan read,wh n that person made that adoption for Willie and it was found out that they were not a good personto adopt. You had a window of time that you could have said,I'm sorry and that dog would be alive Today. And that is the same as if a person went to adopt a child and during the investigation they found ut he was a pedophile,he would not have gotten that child. You had every right and authority to say staff person made an error... you can't have that dog period... and that dog would be alive today. You; e got to promise us you will never let that happen again ever. DR. EISELE: She can't speak. SUSAN MEHAS: Yes she can. JANICE RUDOLPH: She can not. 1 SUSAN MEHAS: Obvious that is something that is in place right now bec se an error was made, a staff member made an error. The dog went where it shouldn't have gone and'4e don't know where he is. So you can make sure it never happens again. JANICE RUDOLPH: With this public pressure and I know Amanda well, lr heart is in the right place. If I know Amanda it will never happen again. SUSAN MEHAS: Because you have the right and authority and say no,any(ody. JANICE RUDOLPH: She was trying to be nice. CHAIR BREITHAUPT: Meeting adjourned. f There being no further business for the good of the County,the meeting was adjourn eil by the order of the Chair at 9:04 P.M. Collier Co Domestic Animal Services — ..t.-t-sA” - c..4"..... 1 Chairman Marcia Breithaupt I! i r f f These minutes were approved by the Board/Committee on /0 /8 /I as presented, or as amended 1/ . F } l' t 38 i f1' 1� 1 *•42 Requested Changes to the Minutes of the DASAB 5 eptember 2Q;2011 meeting �. Submitted by Amanda Townsend,Director of Domestic Animal Services w >_ Page 2,line 19:Add"Colleen Greene,Assistant County Attorney"to list of ALSO PRESENT Page 6,line 6:Change"FDE"to"FTE" Page 6,line 23:Change"desk"to"best" Page 16,line 10:Change"the responsible"to"irresponsible" Page 17,line 15:Change"exline"to"equine"and"slime"to"swine" 99 Page 17,line 36:Change"Anna Petroloff.Anna Petroloff is our supervisor"to"an Animal Control Officer and an Animal Control Officer supervisor" Page 17,line 46:Delete"not"or include em dash between"not"and"to" Page 18,line 13:Missing word should be"Dave Estes" Page 18,line 14:Missing word should be"cockfighter" Page 19,line 24:Change"community"to"Chameleon' fk Page 20,line 9:Change"association"to"assumption" Page 22,line 24:Missing text should be"do as I say not as I do" Page 34,line 17:Should be attributed to JANICE RUDOLPH,not MS.TOWNSEND Page 36,line 18:Missing word should be"groomers" Page 36,line 22:Missing work should be"groomers"