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Agenda 09/13/2011 Item #16D5Agenda Changes Board of County Commissioners Meeting September 13, 2011 MOVE ITEM 16D5 TO ITEM 10I: RECOMMENDATION TO WAIVE BOARDING FEES IN THE AMOUNT OF $16,400 ASSOCIATED WITH KENNELING TWO DECLARED DANGEROUS DOGS, IN EXCHANGE FOR DISMISSAL OF A PENDING DANGEROUS DOG APPEAL AND IN ORDER FOR THE DOGS TO BE REUNITED WITH THE OWNERS, CURRENTLY LIVING OUT OF THE COUNTY (COMMISSIONER COLETTA'S REQUEST) Continue Item 16A3 to the September 27, 2011 BCC Meeting: Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Caldecott with roadway and drainage improvements being privately maintained and authorizing release of the maintenance security (Staff request due to a calculation error in the performance security) Move Item 16A14 to Item 10J: PMC- PL2011 -872: Heavenly PUD — Notification of staff intent to approve a minor amendment to the Heavenly PUD in accordance with LDC Section 10.02.13.E.6 and 8 to change location and type of plantings and revise buffer standards to reduce height of trees and plantings due to site conditions and conflict with FPL lines, and allow payment in lieu of sidewalks instead of construction of a sidewalk along Myrtle Road from North Trail Boulevard to the project entrance. property located at 6926 Trail Boulevard, and comprises the entire block bounded by Ridge Drive, West Street, Myrtle Road and Trail Boulevard in Section 3, Township 49 South, Range 25 East Collier County, FL (Commissioner Hiller's request) Move Item 16A16 to Item 1OK: Recommendation to provide after the fact approval for submittal of a State of Good Repair (SGR) Bus and Bus Facilities grant application, in the amount $11,335,290, to the Federal Transit Administration (FTA) for construction of improvements at the Collier Area Transit Administration and Maintenance Facility at 8300 Radio Road (Commissioner Hiller's request) Move Item 16A19 to Item 1OH: Recommendation to accept a Speed Limit Study Report and adopt a Resolution of the Board of County Commissioners of Collier County, Florida, authorizing a speed limit decrease from fifty -five miles per hour (55 mph) to fifty miles per hour (50 mph) on Collier Boulevard from to Golden Gate Boulevard at a cost of approx.. $500. (Commissioner Fiala's request) Withdraw Item 16A25: Recommendation to advertise an amendment to Ordinance No. 2009 -44, Radio Road East of Santa Barbara Boulevard to Davis Boulevard Municipal Service Taxing Unit (MSTU) Ordinance, to remove a sunset provision of six years and provide the MSTU be dissolved upon recommendation by the MSTU Advisory Committee and approval by Board of County Commissioners. (Staff request to coordinate with future MSTU Referendum question) Move Item 16B2 to 13A: Continued from the May 10, 2011 BCC mtg. Recommendation to approve a Resolution to petition Governor Scott to extend the "Rural Area of Critical Economic Concern" designation awarded to Florida's Heartland Regional Economic Development Initiative, Inc. for another 5 -years and keep the Community of Immokalee in the South Central Rural Area of Critical Economic Concern designation (Commissioner Hiller's request) another 5 -years and keep the Community of Immokalee in the South Central Rural Area of Critical Economic Concern designation (Commissioner Hiller's request) Withdraw Item 16C12: Recommendation to approve a requisite Memorandum of Agreement with FDOT & Florida Department of Financial Services, Division of Treasury, to establish an interest bearing escrow account for funds required to relocate County Water -Sewer District -owned underground utility lines to accommodate widening State Road 84 between Santa Barbara Boulevard and Radio Road. (County Attorney's request) Move Item 16D8 to Item 10G: Continued from the July 26, 2011 BCC Meeting. Request the Board of County Commissioners review and approve County Attorney's recommendation to waive any potential ethics conflict for a Code Enforcement Board member based on Ch. 112, Florida Statutes. (Commissioner Coyle's request) Continue Item 16E13 to the September 27, 2011 Meeting: Recommendation to establish standards and criteria for use of Peer Reviews of designs for major capital projects. (Staff request) Move Item 16H3 to Item 9H: Authorize the Chairman to sign a letter of concurrency for the Florida Department of Children and Families for a State of FL Refugee Services Targeted Assistance Grant Program and utilize funds in the County through Catholic Charities (Commissioner Fiala's request) Move Item 16K2 to Item 11A: Request authorization to advertise and bring back for future consideration ordinances which repeal or amend certain Collier County ordinances relating to the regulation of firearms and ammunition in order to comply with recent amendments to Section 790.33, Florida Statutes which preempts all such regulatory powers to the State of Florida effective October 1 2011, and that following such future public hearing the Board considers referring two Special Acts dealing with firearms to the Legislative Delegation, with a request the Legislature review them for possible repeal. (Commissioner Hiller's request) Continue Item 16K6 to the October 11, 2011 BCC Meeting: Recommendation that the Board consider the withdrawal of the designation of the Stewardship Sending Area known as Half Circle L Ranch Partnership ( "HCLRP ") SSA #8 and the termination of the Stewardship Sending Area Credit Agreement and the Stewardship Easement Agreement, and the canceling of the Stewardship credits generated by the designation. of said Stewardship Sending Area. (County Attorney's request) Note: Item 8C does not require that ex parte disclosure be provided by Commission members as stated in the agenda title. Also, Items 8B and 8C are companion items; Item 8C will be heard before 8B. Item 16A20 "Recommendation" portion of the Executive Summary should read: That the Board of County Commissioners accept the Traffic Speed Limit Study and adopt the Resolution decreasing increasing the speed limit on a designated section of Pine Ridge Road, authorize Chairman to execute the Resolution, and authorize County Manager to erect and remove appropriate traffic control signs. (Commissioner Fiala's request) Item 16A21 requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. 9/13/2011 Item 16.D.5. EXECUTIVE SUMMARY Recommendation to waive boarding fees in the amount of $16,400 associated with the kenneling of two declared dangerous dogs, in exchange for dismissal of a pending dangerous dog appeal, and in order for the dogs to be reunited with their owners, who currently live out -of- county. 00jective: Recommendation to waive boarding fees associated with the kenneling of two declared dangerous dogs, in exchange for dismissal of a pending dangerous dog appeal (County Court Case No. 09- 2390 -CC), in order to reunite the dogs with their owners and terminate further litigation. Considerations: On June 15, 2009, DAS responded to a. call for service to investigate a bite case of a victim who was walking her dog by 6221 Cedar Tree Lane where two dogs came charging from the property to attack her dog. While trying to separate the dogs the victim was bitten and scratched on her legs from one of these two dogs. Based on the nature of the incident, DAS performed a dangerous dog investigation. On June 24, 2009 DAS served dog owners John and Cheryl Duren with a notice of sufficient evidence to declare the dogs Abigail and Lola dangerous dogs under Ordinance 2008 -51, section Ten, paragraph l .A.4. Owners John and Cheryl Duren exercised their right to appeal DAS's initial determination. An appeal hearing was held on July 13, 2009, where the Dangerous Dog Panel upheld DAS's determination to find Abigail and Lola to be dangerous dogs. /'1 Owners John and Cheryl Duren then exercised their right to appeal the Dangerous Dog Panel's decision to the County Court (Case No. 09- 2390 -CC). Although the court denied their request for a brand new trial, the court is currently conducting a review of the administrative record to determine whether the Panel's determination and related process was lawful. Counsel for the Duren's recently moved to withdraw from the appeal. Throughout,this process, Abigail and Lola have remained in DAS custody. As contemplated in Ordinance 2008 -51, DAS chose to impound the dogs for the course of the investigation because the owners had demonstrated that they were, unwilling or unable to contain the dogs at home. At various times within this process John and Cheryl Duren have consulted with DAS regarding the condition of the dogs and their ability to reclaim them. Throughout the process DAS informed John and Cheryl Duren that they may reclaim the dogs if they could demonstrate that they could reasonably contain the dogs and pay boarding fees. Personal circumstances with the owners made this option unfeasible. In consideration of the extent of their stay, and within the limits of what is possible in the shelter environment, Abigail and Lola have been provided enrichment opportunities and annual veterinary exams while at DAS. The Duren's have made contact with DAS and are now in a position to reclaim the dogs and harbor them in such away that they will not be a danger to their community. Packet Page- -2577- 9/13/2011 Item 16.D.5. It is John and Cheryl Duren's stated intention to relocate the dogs to Dixie County, Florida. DAS has been in contact with Officer Varnon Long, who provides animal services for Dixie County Sheriff's Department. He is aware that these dogs have been declared dangerous dogs by Collier - County and will be moving to his jurisdiction. John and Cheryl Duren are aware that they will need to comply with any regulations regarding the harboring of dangerous dogs put forth by Dixie County. Fiscal Impact: Boarding fees established in the DAS Fee Policy, Resolution 2009 -266, are calculated as follows for the care of Abigail and Lola between June 16, 2009 and September 13, 2011: $16,400.00. Because a length of stay for this duration is not contemplated in the DAS Fee Policy or budget preparation, waiving these fees will not impact the DAS's ability to garner budgeted revenue or expend funds appropriately to provide services. Growth ManaaeMgnt Impact: No Growth Management Impact is associated with this action. Legal Considerations: This item is legally sufficient for Board action, and requires a majority'vote for approval. -JW Recommendation:, That the Board of County Commissioners waives boarding fees associated with the kenneling of two declared dangerous dogs, in exchange for dismissal of a pending - dangerous dog appeal in County Court Case No. 09- 2390 -CC, in order to reunite the dogs with their owners, who currently live out -of- county, and terminate further litigation. Prepared bv: Amanda Townsend, Director, Domestic Animal Services Packet Page -2578- 9/13/2011 Item .16.D.5. COLLIER COUNTY Board of County Commissioners Item Number: 16. D.S. Item Summary: Recommendation to waive boarding fees in the amount of $16,400 associated with the kenneling of two declared dangerous dogs, in exchange for dismissal of a pending dangerous dog appeal, and in order for the dogs to be reunited withr their owners, who currently live out -of- county. Meeting date 9/13/2011 Prepared By Name: GuevaraEkna Title: VALUE MISSING 8/15/2011 2:23:58,PM �1 Submitted by Title: VALUE MISSING Name: GuevaraEkna 8/15/20112:24:00 PM Approved By Name: TownsendAmanda Title: Director - Domestic Animal Services,Domestic Anima Date: 8/17/20114:43:26 PM Name: AlonsoHailey Title: Administrative Assistant,Domestic Animal Services Date: 8/22/2011 12:53:58 PM Name: KlatzkowJeff Title: County Attorney, Dater 8/22/20112:29:31 PM Name: RamseyMarla Title: Administrator, Public Services Packet Page -2579- 9/13/2011 Item 16.D.5. Date: 8/29/2011 12:44:18 PM Name: KlatzkowJeff Title: County Attorney, Date: 8/29/2011 1:35:26 PM Name: KlatzkowJeff Title: County Attorney, Date: 8/29/2011 1:52:23 'PM Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Management & Budget Date 8/30/20114:22:51 PM Name: OchsLeo Title: County Manager Date: 9/2/20112:40:53 PM �1 �1 Packet Page -2580-