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Agenda 11/08/2011 Item # 6B11 /8/2011 Item 6. B. Office of the County Manager Leo E. Ochs, Jr. Aft 3299 Twwd Trd feat. Sub 202 • Noon Florida 34112- 5746 • (239) 2524383 • FAX RA 2524010 October 26, 2011 Ms. Colleen J. MacAlister 5061 Napoli Drive Naples FL 34103 Re: Public Petition request. from Colleen J. MacAlister regarding Domestic Animal Services . Dear Ms. MacAllster. Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of November 8, 2011, regarding the above referenced subject. _ . Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. if the subject matter is currently under litigation or is an on -going Code Enforcement case, the Board will hear the item but will not discuss the item after it has been presented. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9*00 a.m. In the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building 1r) of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sin ' Mike Sheffield Business Operations Manager MJS:mjb cc: Jeffrey Klatzkow, County Attorney Marla Ramsey, Public Services Administrator Amanda Townsend,. Domestic Animal Services Director Packet Page -64- 11/8/2011 Item 6. B. Request to Speak under Public Petition Please print Name: Colleen J. McAlister Address 5061 Napoli Drive Naples,Florida 34103 (239) 272 -2594 Phone: Date of the Board Meeting you wish to speak: November s. 2011 Must circle yes or no: Is this subject matter under litigation at this time? Yes /6) Is this subject matter an ongoing Code Enforcement case? Yes 0 o Note: If either answer is "yes", the Board will hear the item but will have no discussion regarding the item after it is presented. Please explain in detail the reason you are reauestina to speak (attach additional page if necessary): See Attached Please explain in detail the action you are asking the Commission to take (attach additional page if necessary): See Attached CA3owments and Se ttings%hetzef_11Desktoplpubiic petition.doc Packet Page -65- 11/8/2011 Item 6.13. Reason Requesting to Speak: On July 21, 2011, approximately 49 dogs were taken into custody by Collier County Domestic Animal Services after a Collier County Sheriff s Department deputy who was executing a foreclosure eviction notice on Arthur Perkins, called DAS about dogs on the property. Concerned citizens have been calling Domestic Animal Services with specific and detailed complaints about Arthur Perkins and his care and treatment of the Labrador Retrievers and Golden Retrievers that he kenneled, bred and sold since at least 2002. As quoted in the Naples Daily News, Amanda Townsend, the Director of Collier County Domestic Animal Services, said that "as far as she knew, Arthur Perkins was within the boundaries of the law." This statement was made despite obvious zoning and animal control ordinance violations. Since then, DAS has justified the lack of enforcement action against Perkins by stating that it has followed a policy of "voluntary compliance," or "compliance over enforcement" with respect to state and local law at the direction of the Collier County Board of County Commissioners. Based on sustained public reaction and criticism about the Perkins incident, DAS has n attempted to address some of the public concerns with a series of "next steps" and a "Priority List." While those efforts are certainly recognized and applauded, no deadlines have been set for implementation of any next step or priority, and the policy of `voluntary compliance over enforcement" has not been abandoned by DAS. Action Requested in this Petition by the Collier County Board of County Commissioners: 1. A firm and unequivocal public statement and vote from the Board of County Commissioners that the policy of Collier County with respect to state and local animal control laws and ordinances will be one of enforcement of existing stale law and local ordinances, beginning today. 2. A firm deadline, established by the Board of County Commissioners, for any policy revisions/additions to current DAS practices and procedures and a firm deadline for any proposed amendments to existing ordinances. This Petition requests that the Board of County Commissioners establish a deadline for policy revisions and ordinance amendments of no later than February 1, 2012. a. In addition to those policy areas that DAS is currently revising, including Packet Page -66- 11/8/2011 Item 6.13. officer expectations, the complaint investigation process, rabies exposure investigations, dangerous dog investigations, and issuance of penalties, that DAS also create or revise policies regarding enforcement of state ]a-.v and local ordinances, the inspection of kennels, including compliance with state and local laws and zoning laws, sales of animals, breeder rules and regulations, and cooperation with Code Enforcement regarding zoning violations. b. Direct DAS to expand citizen input before undertaking any policy revision. A vote by the Board of County Commissioners recognizing that the current animal control ordinances are flawed and establishing an independent, ad hoc Commission of the Board of County Commissioners to draft a comprehensive animal control ordinance that will be accepted by all stakeholders, will be fully enforceable, and will pass constitutional muster in any court of competent jurisdiction. Such Commission should include all stakeholders and be chaired by a qualified, non - governmental person and should be charged by the Board of County Commissioners with review all current stale and local laws and ordinances dealing with animal control. 4. A vote by the Board of County Commissioners establishing such a Commission and Chairperson before December 1, 2011, and directing that the roster of community members and agency representatives be established by the Chair and presented for approval to the Board of County Commissioners by Februaryl, 2012. The Board should further vote to establish a deadline for a preliminary, comprehensive Animal Control Ordinance from the Commission to be presented to the Board of County Commissioners by May 1, 2012. S. A vote by the Board of County Commissioners stating that operations like that of Arthur Perkins will not be tolerated in Collier County, and that Collier County is unequivocally committed to the protection and welfare of all animals, in any circumstance, in Collier County. Packet Page -67- Item Number: Item Summary: Animal Services. Meeting Date: Prepared By 11/8/2011 Item 6.B. COLLIER COUNTY Board of County Commissioners 6.B. Public Petition request from Colleen J. MacAlister regarding Domestic 11/8/2011 Name: BrockMaryJo Title: Executive Secretary to County Manager, CMO 10/28/2011 9:18:55 AM Submitted by Title: Executive Secretary to County Manager, CMO Name: BrockMaryJo 10/28/2011 9:18:57 AM Approved By Name: SheffieldMichael Title: Manager- Business Operations, CMO Date: 10/28/2011 1:50:50 PM Packet Page -68-