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Item C05County of Monroe <r BOARD OF COUNTY COMMISSIONERS � Mayor David Rice, District 4 IleOI1da Keys ��x t t 0. Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District I P f,< George Neugent, District 2 a Heather Carruthers, District 3 County Commission Meeting May 16, 2018 Agenda Item Number: C.5 Agenda Item Summary #4117 BULK ITEM: Yes DEPARTMENT: Animal Control TIME APPROXIMATE: STAFF CONTACT: Tina Losacco (305) 289 -6051 N/A AGENDA ITEM WORDING: Approval of a resolution authorizing Josey Slaga to act as an authorized agent of Animal Control to enforce Chapter 4, Monroe County Code, and Chapter 828, Florida Statutes, to issue citations for violation of the Monroe County Code, and /or attend Court ITEM BACKGROUND: Authorized animal control agents are appointed to enforce Chapter 4 of the Monroe County Code and Section 828 of the Florida Statutes, issue citations for fines and /or attend court. Per Sec. 828.03(2), F.S., their appointment is to be approved by a county or circuit judge. PREVIOUS RELEVANT BOCC ACTION: Approval of previous resolutions appointing animal control officers CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Resolution - Appointment of Josey Slaga (legal stamped) Certificate of Appointment - Josey Slaga ACO Certificate Slaga FINANCIAL IMPACT: Effective Date: 05/16/18 Expiration Date: upon revocation Total Dollar Value of Contract: N/A Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: NO Grant: County Match: Insurance Required: Additional Details: If yes, amount: None REVIEWED BY: Kevin Wilson Completed 04/30/2018 4:04 PM Patricia Eables Completed 04/30/2018 5:50 PM Budget and Finance Completed 05/01/2018 8:38 AM Risk Management Completed 05/01/2018 8:39 AM Kathy Peters Completed 05/01/2018 9:19 AM Board of County Commissioners Pending 05/16/2018 9:00 AM RESOLUTION NO. -2018 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING AGENTS OF ANIMAL CONTROL CONTRACTORS TO ENFORCE CHAPTER 4, MONROE COUNTY CODE, AND CHAPTER 828, FLORIDA STATUTES, AND TO ISSUE CITATIONS FOR VIOLATIONS OF THE MONROE COUNTY CODE, INCLUDING REQUIRING APPEARANCE FOR DISPOSITION IN COUNTY COURT. WHEREAS, Florida Statutes Section 828.03 provides that agents of any society or association for the prevention of cruelty to animals may appoint agents for the purpose of investigating violations of Chapter 828, F.S., or any other law of the state for the purpose of protecting animals or preventing any act of cruelty thereto; and WHEREAS, Monroe County Code Section 4 -37(b) provides that Animal Control Agents of corporations and associations contracting with Monroe County may be authorized by the Board of County Commissioners to investigate violations of Chapter 828, Florida Statutes, and of Chapter 4, Monroe County Code; and WHEREAS, Section 4 -38, M.C.C., authorizes animal control agents to enforce the provisions of Chapter 4 of the Code and Chapter 828 of the Florida Statutes, including issuance of citations for fines and/or requiring appearance in court; and WHEREAS, Section 828.073, F.S., authorizes any law enforcement officer or any agent of any county or any society or association for the prevention of cruelty to animals to take custody of any animal "found neglected or cruelly treated" or to order the owner to provide certain care to the animal, and then to petition the county court judge for a hearing, with no fee to be charged for filing the petition; and WHEREAS, Section 828.073(5), F.S., provides for the Court to consider the testimony of the agent or officer who seized the animal and other witnesses as to the condition of the animal; and WHEREAS, said Section 4- 37(b), M.C.C., requires the appointments to be approved by a county or circuit court judge, in compliance with Section 828.03(2), F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 1. That the following animal control officer is authorized to investigate any violations of Chapter 4, Monroe County Code and Chapter 828, Florida Statutes, to issue citations for violations of said chapters, or to require appearance in court, and to present testimony for disposition of any such violation in county court: Josey Slaga 2. That this Resolution shall be forwarded to the Chief Judge of the Circuit Court for assignment to a judge to review for approval the appointment designated herein. 3. That the Mayor of Monroe County is authorized to execute a Certificate of Appointment for the agent designated herein. 4. That this Resolution shall take effect upon its approval the date written below. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 16th day of May 2018. Mayor David Rice Mayor Pro Tem Sylvia Murphy Commissioner Danny L. Kolhage Commissioner George Neugent Commissioner Heather Carruthers (SEAL) ATTEST: Kevin Madok, Clerk Wa Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By. Mayor /Chairman MONROE COUNTY ATTORNEY'S OFFICE a �APPROVED A TO r MAI PATRICIA EABLES ASSISTANT COU ATT NEY IQ MONROE COUNTY BOARD OF COUNTY COMMISSIONERS I CERTIFICATE OF APPOINTMENT PRESENTED TO josey Slaga I IS HEREBY AUTHORIZED, PURSUANT TO SECTION 828.03, FLORIDA STATUTES, AND SECTION 4- 37(B), MONROE COUNTY CODE, TO INVESTIGATE ANY VIOLATIONS OF CHAPTER 4, MONROE COUNTY CODE, AND CHAPTER 828, FLORIDA STATUTES, TO ISSUE CITATIONS FOR VIOLATIONS OF SAID CHAPTERS, OR TO APPEAR IN COURT AND TO PRESENT TESTIMONY FOR DISPOSITION OF GIVEN THIS 1 6th DAV OF MAY. 2019 I MAYOR, MONROE COUNTY Approved by: I Judge, County /Circuit Court Date 16 Judicial Circuit Monroe County State of Florida