110 W. New York Ave.
DeLand, FL 32720
386-734-4622
BEACON PHOTO/MARSHA MCLAUGHLIN
Little red wagonload of evidence — ARK animal shelter attorney Tanner Andrews heads to the Volusia County Courthouse Nov. 19 with a wagonload of evidence in the nonprofit agency's defense. Among the records, Andrews told reporters, was veterinary records showing medical care for animals rescued by ARK. The city seized the shelter's 135 animals Nov. 8, after receiving complaints about the animals' care.
BEACON PHOTO/JEN HORTON
Takes the stand — ARK animal-rescue organization founder Maggi Hall takes the stand today at a hearing over the City of DeLand's Nov. 8 seizure of 135 animals from her South DeLand shelter.
BEACON PHOTO/JEN HORTON
Watching — Spectators at the ARK hearing today keep an eye on the proceedings, including one trained companion dog who was allowed to attend.
BEACON PHOTO/JEN HORTON
Agreement — Tanner Andrews, left, the attorney for the ARK animal shelter, and City of DeLand attorney Darren Elkind confer today during a hearing in the Volusia County Courthouse in DeLand.
Rescue group already working with new dogs, cats
By Jen Horton
posted Nov 19, 2012 - 5:37:18pm
The day after the Animal Rescue Korsortium (ARK) agreed to let the City of DeLand have 135 animals seized by the city from its shelter, the question remains: Is the ARK shelter open?
President Maggi Hall, said, "Yes. ARK is open."
In fact, the nonprofit rescue group has already taken in new animals.
"We have already gotten two circus dogs from Kissimmee," Hall said. "The performer is going back to South America, and there was nobody to take the dogs."
ARK adopted out an animal to a foster today, and someone left a sack of six kittens on the agency's doorstep during the night Nov. 19.
Support from the community has poured in to ARK following the DeLand Police Department's search and seizure at the shelter at 441 S. Woodland Blvd.
"We had $1,000 in donations to cover attorneys fees today," Hall said. "And The Muse Book Shop, Abbey and da Vinci will have fundraisers for us."
Hall is looking toward the sunny side of the storm that recently hit the rescue organization she founded in 2009.
"I really do look at the cup as half-full," Hall said. "When the helicopters were over us, and the yellow tape was up, I told members from the board of directors that I think this was going to help adoption. And it has. It's given us publicity."
There are likely still hurdles ahead for ARK. Just hours after an agreement between the City of DeLand and ARK was reached over the fate of the 135 seized animals, a new dispute erupted.
DeLand City Attorney Darren Elkind said ARK will no longer be allowed to use the restored historic home at 441 S. Woodland Blvd. as a residence for rescued animals.
Elkind said the practice of using the property to house animals was something that developed over the years, but was never properly permitted.
"It's not going to happen anymore," Elkind said.
ARK's attorney, Tanner Andrews, disagrees. The Nov. 19 court hearing, he said, was not about the zoning of ARK's property.
"Nothing changed about 441 N Woodland yesterday," Andrews said. "The code enforcement inspected July 24, and the only problem remaining was the outside dog pens, whose special exception appears to have been in the name of Florida Wild."
Florida Wild is a veterinary office operating next door to ARK, but not as a part of the rescue organization.
Andrews said the city has no basis for suddenly disallowing ARK to keep animals at its building.
"If Darren announced that ARK would no longer be allowed to shelter animals at 441 S. Woodland, then that was a policy decision on his part, being newly announced, and contrary to the city's practices," Andrews said.
Both Elkind and Andrews agree there is a zoning process ahead for ARK.
Elkind said he told Hall that, to be allowed to board ARK animals at the South Woodland Boulevard location, she would have to come to the city, and fill out the necessary paperwork, and go through the process of obtaining a special zoning exception.
In court Nov. 19, Elkind said the city would help Hall navigate the zoning process.
Andrews noted that, not only has the city not taken code-enforcement action against the ARK shelter, the city itself has used the shelter when its own Second Chance Animal Shelter was full.
"Through Nov. 6, the city not merely allowed it (see code inspection report 24-Jul-2012), but took part by sending animals to the facility," Andrews said.
No more, Elkind warned. Should the city find that animals are being housed at ARK's former shelter, code-enforcement action will be quickly taken.
"If she's got animals there, we're going to give her notice," Elkind said.
At the shelter today, the telephone rang and the volunteer who answered it called out, "Are we accepting animals?"
"Yes," the caregiver on duty replied.
The work of saving animals continues, Hall said.
REPORTED NOV. 19: The City of DeLand will keep 135 animals seized from Animal Rescue Konsortium (ARK) shelter Nov. 8. In turn, the city will relinquish those animals to the rescue homes and shelters that have been providing temporary homes.
The mutual agreement was reached just after 5 p.m. today, Monday, Nov. 19, abruptly ending a four-hour hearing over which Judge Shirley Green was presiding at the Volusia County Courthouse in DeLand.
ARK is not prohibited from rescuing more animals.
ARK has never had a permit to operate the home at 441 S. Woodland Blvd., where the seizure was conducted as a shelter.
However, the court hearing did not discuss zoning or permitted uses; the hearing was only to determine what would happen to the 135 animals.
The city has offered to work with ARK to navigate a permitting process.
Currently, there is a special exemption on file that permits Florida Wild Veterinarian to board animals inside of the facility.
In his opening statement, Elkind told the court the city and ARK had a longstanding good relationship.
The city's own Second Chance Animal Shelter, Elkind said, has been helped ARK in finding homes for stray and rescued animals.
"They've been very helpful taking the animals from the city," Elkind said.
However, conditions at the shelter when the DeLand Police Department executed a search warrant there Nov. 8 warranted action by the police, Elkind said.
While on the scene, the police called a veterinarian to assess the situation inside the shelter.
Dr. Erin Gray testified that she was on the site on Nov. 8, and performed an inspection before any animal was removed.
Gray showed pictures and narrated video of overused litter boxes, bloody stool, maggots in food, sick cats, and overcrowded conditions.
Jennifer Johnson, who lived at the shelter and provided much of the care for the cats, also took the stand and read aloud her journal entries, starting in September, that described her doing much of the work by herself, and that the work was too much for one person.
Johnson was provided free room and board to care for the animals.
Veterinarian Dr. Deborah Ulbrich testified that her business had taken in 22 of the seized animals, and only two of the 22 were healthy.
All but two of the cats had upper respiratory infections, Ulbrich said. She told the court the condition was highly contagious.
Putting a healthy animal in a facility with that many sick animals could almost guarantee that animal would get sick, Ulbrich said.
DeLand Police Officer Juan Millan talked about the odor of a home with 135 animals.
"You could smell it before you walked in the front door," he said.
Elkind said if ARK was allowed to have the animals back, it would set a too-low standard of animal care in the city of DeLand.
ARK was not a no-kill shelter, Elkind said, it was a "slow-kill shelter."
ARK founder and President Maggi Hall took the stand briefly before to refute the testimony of the city's witnesses, before a series of recesses culminating in the agreement between ARK and the city.
Representatives from ARK and the city had a consultation for 30 minutes, and then announced their joint agreement: the city would keep the animals.
Watch video shot by police at the ARK shelter.
Read our coverage and see photos of the police action at the ARK shelter.
Reader Comments
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Thank you for saying what so many of us have know for years. Dr Erin Holder and Maggie Hall are have created this illusion that they actually care about animals but all of us know that they are in this for the publicity and money.
I too fostered for Maggie and she became irrate when I told her that I wanted to seek another opinion from my vet (and pay for it myself!) and not use Dr Holder. She said I was no longer allowed to foster if I even mentioned this again - her daughter was the only one who could examine these animals.
I took the dog to my vet and it turned out that Dr Holder was completely wrong about the diagnosis - she said my dog had food allergies and I needed to buy her special food (which was VERY EXPENSIVE). No, she had coccidia and my other vet gave her medications and she was cured.
I still have this "foster" dog - I have had this dog for years and Maggie never called me back. I still use my regular vet and will NEVER go back to Florida Wild Veterinary Hospital or help Maggie Hall with her big scam.
If you were in the courtroom like I was and you saw the videos, you'd see the filth, uncared for animals, the maggots, the dead squirrel, disturbing level of incompetence by this so called " rescue group"...That filth didnt just happen in a 24hr period, this takes days and weeks to build up...
Maggie is just a fake...praying on the good natured animal loving people of Deland to support herself and her daughter.
I have spent the past 20 years in the animal field and this whole turn of events is disturbing. We need to remember that the ANIMALS come first....and they are the ones that cant care for themselves, they depend on US, and we cant let them down....Maggie did...we need to realize that and stop being made fools of by her and her daughter anymore.
Oh, and last but certainly not least, we also cant forget that one of Maggie Hall's longest tenured " volunteers" and witnesses that took the stand in her defense is a registered sex offender, convicted of raping a 14 year old girl....Need I explain any further how the city of Deland has been fooled all these years by ARK????
The stench was overwhelming. I cannot believe that of all the videos that were released, that they didn't release one of the upstairs room with all the cats.
Believe what you want, but I saw it with my own eyes.
To say this was a conspiracy brought on by other rescues is just plain stupid.
Most rescues are non profit and over burdened as it is...By what logic would a rival shelter want to take down another if there was nothing wrong with it? What would they have to gain? NOTHING OBVIOUSLY.
Also, I think it's ridiculous to let these people have more animals. They'll just end up back to square one. How much do you want to bet that they still haven't cleaned up the areas in which had sick cats properly? Depending on the virus it can last for a good while - introducing healthy cats into sickly conditions isn't doing anyone any favors; especially the poor kitties.
Oh, and before anyone says you can't complain unless you've volunteered for a shelter before - just so you know I have in the past when I was a teen and had more free time.
I've also fostered rescue dogs within the past 5 years for a rescue group...But don't worry - said rescue group only caters to one kind of breed of dog, and they couldn't care less about ARK - so don't even go there.
Bottom line - ARK should NOT be able to stay operational as it's a disservice to the animals.
From: "Maggi Hall"
Date: Nov 21, 2012 2:35 PM
Subject: Evil DeLand disperses animals - take a look!!
This is the outrageous animal loving city at work!! It took a week to get this list. The city idiots have no idea what animals are where. Of course a few of these places are good but then look at the West Volusia Humane Society! What a joke. I know the names of the dogs at Flagler and Seminole though and sent medical papers to them.
But we must monitor their well being and adoptions. The city stole three animals, 1 dog, 2 cats that were waiting for their owners to pick them up.
The idiot city cops and code enforcers cared little for the safety and well being of the animals so much so that they did not take names or medical records as you are aware. Sure proves the city doesn't care about the animals. Maybe it should partner with the West Volusia Humane Society!? I think I'll release my blog about them again. It is quite inspiring.
If any of you want to help us put the records together with the animals please contact Tracy. She is going to be in charge of this. ARK cares about the well being of the animals and I know you care about those you have saved too. Keep up your life saving work!!
Best way to get Tracy is tlovesanimals@hotmail.com
From: Tanner Andrews
Date: Wed, Nov 21, 2012 at 12:08 PM
Subject: 7238-01-Ark; Animal Disspositions
To: Maggi Hall
Here's the list of where they went and how many.
I don't think the city has any idea which critter
is which (name/desc/&c.).
__._,_.___
Attachment(s) from DA
1 of 1 File(s)
ark-list-1.pdf
From: "Maggi Hall"
Date: Nov 21, 2012 2:35 PM
Subject: Evil DeLand disperses animals - take a look!!
This is the outrageous animal loving city at work!! It took a week to get this list. The city idiots have no idea what animals are where. Of course a few of these places are good but then look at the West Volusia Humane Society! What a joke. I know the names of the dogs at Flagler and Seminole though and sent medical papers to them.
But we must monitor their well being and adoptions. The city stole three animals, 1 dog, 2 cats that were waiting for their owners to pick them up.
The idiot city cops and code enforcers cared little for the safety and well being of the animals so much so that they did not take names or medical records as you are aware. Sure proves the city doesn't care about the animals. Maybe it should partner with the West Volusia Humane Society!? I think I'll release my blog about them again. It is quite inspiring.
If any of you want to help us put the records together with the animals please contact Tracy. She is going to be in charge of this. ARK cares about the well being of the animals and I know you care about those you have saved too. Keep up your life saving work!!
Best way to get Tracy is tlovesanimals@hotmail.com
From: Tanner Andrews
Date: Wed, Nov 21, 2012 at 12:08 PM
Subject: 7238-01-Ark; Animal Disspositions
To: Maggi Hall
Here's the list of where they went and how many.
I don't think the city has any idea which critter
is which (name/desc/&c.).
__._,_.___
Attachment(s) from DA
1 of 1 File(s)
ark-list-1.pdf
What a LIAR Maggi Hall is!! The animals will REMAIN safe. Maggi AGREED TO GIVE THEM UP!!
Straight from the courthouse: The owner of ARK animal shelter agreed to give them up... And in turn the County says they'll help her run a clean place.
I urge citizens to contact the listed officials and ask why DeLand is paying the bills for 130+ neglected and abused animals - NOT ARK!! Maggi Hall has much more money than the average citizen of DeLand!!
Here is THE LIE Maggi Hall posting on Yahoo:
Date: November 19, 2012, 6:23:19 PM
Subject: Deland will keep the ARK animals please Contact the city and police
The animals were not returned to ARK. PLEASE continue to Contact the City of Deland and the police department to keep the campaign going to protect those poor animals sent to shelters from being euthanized.
Remember they only said the animals were safe until a hearing.
Here is the news story from today and Contact info.
http://www.beacononlinenews.com/news/daily/5476
City Manager
Contact: Michael Pleus, ICMA-CM, City Manager Dale Arrington, Assistant City Manager Address: 120 S. Florida Ave DeLand ,FL 32720 City Manager: (386) 626-7107
Assistant City Manager: (386) 626-7024
Fax: (386) 626-7140
Hours: Monday - Friday 8:00AM - 5:00PM
Police Department
Contact: Bill Ridgway, Chief
Address: 219 West Howry Avenue DeLand ,FL 32720 Main Phone: (386) 734-1711
Fax: (386) 740-6842
Records: (386) 740-5875
EMERGENCY 911
Hours: ADMINISTRATIVE HOURS Monday - Friday 8:00AM - 5:00PM
_
This was not a criminal matter, it was simply a civil forfeiture. There was never going to be a guilty or not guilty verdict. The ultimate goal was to have a judicial order seizing the animals from ARK. In the middle of the hearing, after realizing what a strong case the City had and Attorney Elkind had presented, Ms. Hall conceded the hearing and allowed the City to take the animals. The City was never seeking to permanently shut down ARK. A "plea bargain" was not reached. A settlement agreement was reached in a civil matter. Darren Elkind is not a "DA". He is the City Attorney who represents the City on a whole host of issues. The State Attorney's office is ultimately responsible for filing criminal charges against Ms. Hall for animal cruelty and neglect charges. If you have beef with what happened, take it up with the State Attorney's office who is responsible for filing criminal charges. To say that Elkind should be "ashamed of himself" just shows your ignorance on what actually transpired at the hearing.
The Deland Hospital Doctors got there degrees from AVMA Accredited schools, so it really doesn't matter WHERE the school is. And a new graduate who couldn't find a job...really? She went to Value Vet to give her clients a better option. PLUS if you saw the video, there was NO WAY that disgusting mess could have accumulated in 24 hours, this was weeks worth of sludge, grime, feces, urine, maggots, blood and algae/dust. One dog was literally eating DIRT.
Obviously you are as ignorant and uninformed as most people who are backing this horrendous "SLOW KILL" Shelter.
And YES, I DO Volunteer, I do go and clean, I do foster animals and I don't just complain.
PEOPLE NEED TO STOP DOG FIGHTING!!
Florida is one of the worst places for animals. Thousands of pits and pit mixes are being put down in Florida shelters.
IGNORANT PEOPLE ARE THE PROBLEM. The rescues are all overburdened.
People need to stop allowing cats to roam and breed. We are not allowed to let our dogs run loose but cat owners seem to think it is OK for cats to roam.
PEOPLE NEED TO STOP DOG FIGHTING!!
Florida is one of the worst places for animals. Thousands of pits and pit mixes are being put down in Florida shelters.
IGNORANT PEOPLE ARE THE PROBLEM. The rescues are all overburdened.
People need to stop allowing cats to roam and breed. We are not allowed to let our dogs run loose but cat owners seem to think it is OK for cats to roam.
1. All of the photos/ video were collected after the city siezed the building and ignored the animals for 10-24 hrs. They provided no water food or walks to the animals. That is how the center became filthy.
2. The vets the city relied on for their testimony were a new grad who couldnt find a job anywhere in town except at a value vet what a joke! And the Deland animal hospital vets who couldnt get into a real veterinary school so had to go overseas
to school. What a joke!
3. The animals at Ark are sick and injured when they are abandonded.
4. The agreement was made in court prior to ARK presenting its defense. The city knew they had no chance againt the overwhelming evidence against them so they caved.
HATERS are ignorant. Learn the facts before you judge.
Should be a law that ALL peoples pet animals spayed and neutered..
And i am sick & fed up with the cat people letting their cats roam the neighborhood jumping on my car and crapping in my yard ..I dont own a cat! I dont need one crapping in my yard or walking all over my car using it as a scratching post and leaving paw prints all over it!
My dog isnt jumping on your car and crapping in your yard, so why should i have to deal with your pet irresponsibility and your cat on my property!!!Keep your cats on your OWN property NOT mine!
Should be a law that ALL peoples pet animals spayed and neutered..
And i am sick & fed up with the cat people letting their cats roam the neighborhood jumping on my car and crapping in my yard ..I dont own a cat! I dont need one crapping in my yard or walking all over my car using it as a scratching post and leaving paw prints all over it!
My dog isnt jumping on your car and crapping in your yard, so why should i have to deal with your pet irresponsibility and your cat on my property!!!Keep your cats on your OWN property NOT mine!
PEOPLE NEED TO STOP DOG FIGHTING!!
Florida is one of the worst places for animals. Thousands of pits and pit mixes are being put down in Florida shelters.
IGNORANT PEOPLE ARE THE PROBLEM. The rescues are all overburdened.
People need to stop allowing cats to roam and breed. We are not allowed to let our dogs run loose but cat owners seem to think it is OK for cats to roam.
People have tried to help the ARK. Maggie Hall is her own worsr enemy. If she were not so greedy and spent just a little of her budger to hire one or two key trained employees to oversee and manage the facility and the animals and volunteers we would not be here discussing this issue. Do you not even care about the condition these animals were living in? Ridiculous
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