BCC Minutes 03/05/2013 W (Animal Control Ordinance/Traffic Signal Timing/Electronic Plan Submittal & Review March 5, 2013
MINUTES OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS WORKSHOP MEETING
Naples, Florida, March 5, 2013
LET IT BE REMEMBERED the Board of County Commissioners in and for the
County of Collier, having conducted business herein, met on this date at 9:00 A.M.
in WORKSHOP SESSION in Building "F" of the Government Complex, Naples,
Florida with the following members present:
Chairwoman: Georgia Hiller
Tom Henning
Donna Fiala
Fred Coyle
Tim Nance
ALSO PRESENT:
Leo Ochs, County Manager
Jeff Klatzkow, County Attorney
Mike Sheffield, Business Operations — CMO
Amanda Townsend, Director, Domestic Animal Services
Nick Casalanguida, Administrator, Growth Management Division
Jamie French, Director, Operations & Regulatory Management
Jay Ahmad, Director, Transportation Services
Troy Miller, CCTV Operations Manager, Communication & Customer Relations
1
COLLIER COUNTY
Board of County Commissioners
/I
. 4p
WORKSHOP AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East,3rd Floor
Naples FL 34112
March 5,2013
1:00 P.M.
Georgia Hiller- BCC Chairwoman; BCC Commissioner,District 2
Tom Henning-BCC Vice-Chairman; BCC Commissioner, District 3
Donna Fiala-BCC Commissioner,District 1; CRAB Chairman
Fred W.Coyle-BCC Commissioner, District 4
Tim Nance- BCC Commissioner, District 5;CRAB Vice-Chairman
1. Pledge of Allegiance
2. Animal Control Ordinance
3. Traffic Signal Timing
4. Review of Growth Management's Electronic Plan Submittal and Digital Plan Review
System
5. Public Comment
6. Adjourn
Notice: All persons wishing to speak must turn in a speaker slip. Speakers will receive three(3)minutes.
Collier County Ordinance No.2003-53 as amended by Ordinance 2004-05 and 2007-24,requires that all lobbyists shall,before
engaging in any lobbying activities(including but not limited to,addressing the Board of County Commissioners),register with the
Clerk to the Board at the Board Minutes and Records Department.
March 5, 2013
Any persons in need of the verbatim record of the meeting may request a copy of the video
recording from the Collier County Communication and Customer Relations Department or
view online.
1. Pledge of Allegiance
Chairwoman Hiller called the meeting to order at 1:00 p.m.
The Pledge of Allegiance was recited.
2. Animal Control Ordinance
Animal Services Advisory Board Members (ASAB) Dan Martin, Cynthia Harrold and
Michael Simonik were present.
Amanda Townsend, Director, Domestic Animal Services reported the Advisory Board and
Staff have independently developed their own revised Animal Control Ordinance. Proposed
revisions are the result of public outcry regarding the department's handling of a case
regarding a large scale impound of puppies that resulted in 14 deaths, "the Perkins case".
Staff is attempting to address any issues associated with the case by revising the ordinance as
necessary. The proposed ordinance was drafted by the County Attorney's Office.
Dan Martin,ASAB, addressed the Commissioners and reported the Advisory Board had
worked diligently on developing a revised ordinance with the underlying theme to develop
"Standards of Care", requirements to be enforced by Animal Control Officers.
Simultaneously, it came to light that the County Attorney's Office was drafting a separate
ordinance based on State Statute, which the Board saw as a"watered down version" of the
existing ordinance. The Board refused to endorse the proposed ordinance and developed an
alternate version, a copy which is included in the meeting packet. He identified the
following six points which are in conflict between the Advisory Board and staff's version of
the proposed ordinances:
1. Defining Animal cruelty, neglect and abuse
Staff—Mirror Florida Statute 828 for individuals—"Standards of Care" for parties
engaged in commercial business.
ASAB—Based on "Standards of Care" requirements developed by ASAB for all parties.
2. Issuance of Penalties
Staff—Officer discretion
ASAB—No officer discretion
3. Pursuit of unpaid Citations
Staff—Department discretion
ASAB—Mandated pursuit
4. Dangerous Dog determination
Staff—Mirror F.S. 828
ASAB—Retain definition in current ordinance
2
March 5, 2013
5. Breeders
ASAB—Disagree with staffs threshold for a definition and standards for commercial
vs. non-commercial breeders.
6. Section 4.6—Animal left unattended in car
Staff—ACO "may" free animal
ASAB—ACO "shall" free animal—it was noted there is technology now available to
accurately measure the air temperature inside a vehicle without accessing it so a
determination can be made by the ACO if the situation violates a defined degree of
temperature whereby the animal is in danger.
Jeff Klatzkow, County Attorney reported;
• The proposed ordinance was drafted based on State Statute, as it pre-empts local
control; specifically for Item#1 that defines cruelty, neglect and abuse and Item#4,
dangerous dog determinations.
• He expressed concern that deviating from State Statute will compromise enforcement
of any adopted ordinance and encourage legal challenges.
• In developing the ordinance, the version proposed by ASAB was reviewed for the
purpose of incorporating any applicable language into staffs version.
• The County has more discretion and may incorporate any requirements necessary to
enforce the ordinance in the area of issuing citations and collection of penalties.
• The County has more discretion in the regulation of commercial business and
"Standards of Care" for these activities are proposed for incorporation into the
ordinance in the form of a"Resolution".
Commissioners reviewed the 6 differences outlined above and recommended the following:
1. Defining Animal Cruelty,Neglect and Abuse
County is pre-empted by State Statute for individuals harboring pets and the ordinance
should be structured accordingly.
2. Issuance of Penalties
Create a tiered enforcement system whereby in cases of"cruelty, neglect or abuse"there
shall be no ACO discretion. In cases of"non-cruelty, neglect or abuse", ACO discretion
will be preserved in the ordinance.
3. Pursuit of unpaid Citations
Collection of penalties shall be pursued for cases of"cruelty, neglect or abuse."
Department discretion for"pursuit" of cases involving "non-cruelty, neglect or abuse."
4. Dangerous Dog Determination
Mirror State Statute and structure proposed ordinance accordingly.
5. Breeders
Staff and ASAB to work together to develop definitions and standards for commercial
and non-commercial breeders.
3
March 5, 2013
6. Section 4.6—Animals left unattended in cars
ACO "shall" free the animal using the guideline of the defined standards given.
Additional recommendations:
1. Department's increase of public education opportunities.
2. In certain instances, to provide educational opportunities in lieu of paying fines for
the party issued a citation(s).
3. Develop a metric for measuring success of programs and enforcement.
4. Develop a training program for the ACO's to aid in recognizing "cruelty, neglect or
abuse"as defined in the State Statute including incorporation of Judicial decisions
when necessary.
5. Define "Director"in the ordinance, as the reference for activities may, in some cases
pertain to Staffs actions as well(i.e. 4.2—the Director shall have the authority to enter
upon any public or private property...').
Speakers
Kelly Hyland—Expressed concern on the lack of enforcement of the ordinance.
Michelle Antonioa— Suggested the education component for the public should include
"non-literate" aspects.
Jeannie Bates, PAWS Assistance Dogs,Inc.—Concerned the proposed ordinance may not
adequately address animal welfare organizations—the BCC recommended she meet with
Ms. Townsend to provide input.
Colleen MacAlister—Concerned on the current practice of"discretionary enforcement"
when certain violators should be subject to penalties.
Tom Kepp—Concern regarding the enforcement process; especially for habitual offenders
and would like clarification on the requirements that apply to those "harboring" animals as
opposed to "owners."
Heather Burch—Thanked the participants, adding open communication is a positive step in
meeting collective goals of the parties involved.
Teri Lecastro—Concerned on the lack of enforcement and subsequent follow-up on cases
and supports the "Standards of Care" for individuals who harbor animals.
Michael Semonic—Thanked the BCC for hosting the workshop and recommends a clear
definition of"neglect" is established for the public and those who enforce the ordinance.
Dan Martin—Recommends increasing opportunities for activities including dog parks and
beaches.
Break: 3:18 p.m.
Reconvened: 3:28 p.m.
3. Traffic Signal Timing
Staff Present: Anthony Khawaja, P.E. —Engineer, Traffic Operations; Dale Bathon, P.E.,
Principal Project Manager; Eugene Calvert, P.E., Principal Project Manager; Randy
Ensell, Signals Project Manager; Haris Domond, Signal Operations Analyst
Gregory Garcia, Senior Field Inspector, Traffic Operations
Jay Ahmad,Director, Collier County Transportation Services presented the slideshow
4
March 5, 2013
"Signal Timing— Yellow and All Red Clearance Interval, Traffic Signal Coordination"
outlining the County's sequencing of traffic control devices.
Commissioners discussed the new technology, "The OptiCom System, or Emergency Vehicle
Pre-emption" (EVP), which allows emergency vehicles to communicate electronically with a
traffic signal to ensure the vehicle has a green light. A white light on top of the traffic signal
is activated and "flashes" to notify motor vehicle operators of oncoming emergency
responders.
Staff reported the system has been installed at a number of major intersections in the County.
Commissioners recommended staff continue to pursue the use of the technology, including
prioritizing intersections where the system should be installed.
4. Review of Growth Management's Electronic Plan Submittal and Digital Plan Review
System (this was heard before Item 3)
Public Present: Brad Schiffer, President, AIA; Kathy Curatolo, CBIA Executive Director
and Bill Varian, DSAC Chairman.
Staff Present: Jason Regula, Sr. GIS Programmer Analyst; Jim vonRinteln, Site Plan
Reviewer; John Walsh, Sr. Engineer/Structural Plans Reviewer;Angel Tarpley, Planning
Technician and Jennifer Breining, Planning Technician.
Nick Casalanguida and Jamie French presented the slideshow "e-Permitting—Electronic
Plan Submission" and provided an update on the status of the County's new web application
for e-permitting. They noted the system will allow consultants to submit applications for
review online to help increase efficiency and convenience in the area of building review
permitting.
5. Public Comment
None
5
March 5, 2013
There being no further business for the good of the County, the meeting was adjourned by
order of the chair at 4:45 p.m.
COLLIER COUNTY BOARD OF
CO'A 'Y COMMISSIONERS
Chr*omanr eorgia Hiller
ATTEST:—'. ' ,
vT
b � L ® 4 .
t 'GOT,r.olio TO CLERK
MAO as!;to Cha*man's
mature only,
These minutes ap oved by the Board/Committee on Maill 2./.471)(5 as
presented , or as amended
6