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09/14/04 vCITY OF ATLANTIC BEACH ,,, CODE ENFORCEMENT BOARD MINUTES SEPTEMBER 14, 2004 Call to order: PRESENT: Curtis Sanders, Chairman Richard Mann Peter Wynkoop Ray Breault Mamie Hurd AND: Alex Sherrer, Code Enforcement Officer, Alan Jensen, City Attorney Ellen LaVake, Secretary ABSENT: Carl Russell (unexcused) Don Wolfson (unexcused) The meeting was called to order at 7:00 p.m. by Chairman Curtis Sanders, followed by the Pledge of Allegiance to the Flag. The Secretary read the roll, finding that Board Members Carl Russell and Don Wolfson were absent. 1. Approval of the Minutes of the Meeting held on May 11, 2004 There were no changes to the minutes and it was unanimously approved to accept the minutes as presented. 2. Recognition of Visitors and Guests regarding any matters that are not listed on the agenda. There were no visitors or guests present at the meeting. 3. New Business: Chairman Sanders stated that the Board would be hearing an appeal by Duane and Carol Roberts to the Animal Control determination declaring their dog as being a dangerous animal. The City Attorney explained that the Board was acting only as a hearing officer and that the final decision would be determined by Animal Control. All witnesses were sworn in and the following testimony was given: Animal Control Officer Brandi McGrath testified that on July 27, 2004, Chris Burgen of ,,,,, 2247 Beachcomber Trail was bitten by a dog owned by Duane and Carol Roberts. The officer issued 2 citations to Mrs. Roberts, one for the dog bite and one for the dog being off a leash. Sergeant David Cameron of the Atlantic Beach Police Department and Officer McGrath determined the dog to be a public safety threat. They believed that since the dog was not provoked, a similar incident could happen in the future. After further questioning by Attorney Mike Berry, Officer McGrath was dismissed. The following witnesses submitted letters of testimony supporting Duane and Carol Roberts' position that their dog, Baron, was not a dangerous animal. Christa S. Berse Mr. & Mrs. William Viola Mike & Cindi Poland Mary Frances Kennelly Sandy,Gary & Matt Becka Thomas & Elizabeth Shuster Kathleen & Brad Kennelly 3733 B Ward Steet Jacksonville Beach 2319 Beachcomber Trail Atlantic Beach 2333 Beachcomber Trail Atlantic Beach 1117 Oriental Gardens Road Jacksonville 2304 Beachcomber Trail Atlantic Beach 74 Oceanside Drive Atlantic Beach 2265 Beachcomber Trail Atlantic Beach These letters are included as ATTACHMENT A to the minutes. At 8:20 p.m. Chairman Sanders called for a five minute recess to allow the Board members to review Sections 4-9 through 4-12 of the City Code that defines dangerous dogs. At 8:25 p.m. Chairman Sanders called the meeting back to order and declared the hearing closed to the Public. After further discussion, Chairman Sanders called for a motion. A motion was made by Board Member Breault to support Animal Control's determination that the dog was a dangerous animal and seconded by Board Member Hurd. The vote carried 4-1 with Board Members Breault, Hurd, Wynkoop and Sanders in favor and Board member Mann against. At 8:40 Chairman Sanders declared the case closed. Code Enforcement Officer Sherrer presented the following cases: Case No. 306-04: Ms. Cheri Renee McKenzie, 342 Skate Road, Atlantic Beach, FL CHAPTER 4, SEC 4-30 (b) (5) FAILURE TO PAY ANIMAL CONTROL FINE IN SPECIFIED AMOUNT OF TIME. Code Enforcement Officer Sherrer recommended that Ms. McKenzie be found guilty for non-compliance and that the administrative fee of $288.80 be waived. It was also recommended that the fine of $55.00 be paid within 30 days and if not paid an additional fine of $50.00 a day for 30 days shall be imposed. If full payment is not made, the total amount due would be forwarded to the Finance Department for collection at an interest rate often (10) percent per annum. A motion was made by Board Member Mann, seconded by Board Member Wynkoop, and was unanimously carried to approve the recommendation of the Code Enforcement Officer. Case No. 308-04: Mr. Harry L. Cain, 449 Mako Drive, Atlantic Beach, FL CHAPTER 4, SEC 4-30 (b) (5) FAILURE TO PAY ANIMAL CONTROL FINE IN SPECIFIED AMOUNT OF TIME. Code Enforcement Officer Sherrer recommended that Mr. Cain be found guilty for non- compliance and that the administrative fee of $288.80 be waived. It was also recommended that the fine of $55.00 be paid within 30 days and if not paid an additional fine of $50.00 a day for 30 days shall be imposed. If full payment is not made, the total amount due would be placed as a lien against the property of 449 Mako Drive, at an interest rate often (10) percent per annum from the date of certification until paid. A motion was made by Board Member Wynkoop, seconded by Board Member Mann, and was unanimously carried to approve the recommendation of the Code Enforcement Officer. Case No. 440-04: Ms. Patricia Elaine Dance, 1690 Jordan Street, Atlantic Beach, FL, CHAPTER 4, SEC 4-30 (b) (5) FAILURE TO PAY ANIMAL CONTROL FINE IN SPECIFIED AMOUNT OF TIME. Code Enforcement Officer Sherrer recommended that Ms. Dance be found guilty for non- compliance ,and that the fine of $55.00 plus $288.80 administrative fee be paid within 30 days and if not paid and additional fine of $50.00 a day for 30 days shall be imposed. If full payment is not made the total amounts due would be placed as a lien against the property of 1690 Jordan Street, at an interest rate often (10) percent per annum from the date of certification until paid. A motion was made by Board Member Breault, seconded by Board Member Mann, and was unanimously carried to approve the recommendation of the Code Enforcement Officer. Case No. 463-04: Mr. Leon Baskins, 1631 Francis Avenue, Atlantic Beach, FL, CHAPTER 4, SEC 4-30 (b) (5) FAILURE TO PAY ANIMAL CONTROL FINE IN SPECIFIED AMOUNT OF TIME. The case was referred back to Animal Control for disposition at a later date due to the fact that Mr. Baskins was out of the City's jurisdiction. 4. Miscellaneous Business: Code Enforcement Officer Sherrer gave a follow up report on the following cases: Case No. 70-04 Norman Anderson: Officer Sherrer reported that Mr. Anderson had made no payments and that his fine was turned over to the Finance Department for collection. Case No. 125-04 Donald Nee: Officer Sherrer reported that Mr. Nee had made no payments and that his fine was turned over to the Finance Department for collection and that a lien would be placed on his property. Code Enforcement Officer Sherrer asked the board members to review his Code Enforcement Investigation Report for August 2004. Board Member Mann stated that this would be his last Code Enforcement Board meeting due to the fact that he had met his term limits. 3 5. Adjournment: Chairman Sanders asked if there were any more comments. There were no comments and he declared the meeting adjourned at 8:55 p.m. Curtis Sanders, Chairman Code Enforcement Board Attest• ,;~~/j~Jj~~ ~~ A Ellen LaVake -Secretary 4 - a _ - _ - --__ _ ____-_ .._- --_ __ ATTACHMENT A SEPTEMBER 14, 2004 2265 Beachcomber Trail Atlantic Beach, Fl 32233 September 10, 2004 Atlantic Beach City Hall Animal Control Division To Whom It May Concern: We were very upset to hear about the unjustified complaint against Baron Roberts, our neighbor's dog. We have lived next door to Duane and Carol Roberts for almost nine years and have known Baron since he was a puppy. When my 3 year old son was born Carol and I would walk both "our children" together. Baron is well behaved and loving and Carol and Duane are the most responsible and diligent dog owners you could meet! We hope these terrible allegations are dismissed as soon as possible. We plan to support the Roberts at the hearing on September 14, 2004. Sincerel , 1 rad Kennelly ~~~~~ ~c~. ~~~s-J~ ATTACHMENT A SEPTEMBER 14, 2004 Cku~sta S. Bexse 3733 B Ward Stmt Jacksonville Beackt, l~L 32250 septomber lo, zoo4 To Whom it May Concern, T have known Coral Roberts and her dog, baron, ;for approximately two years. During the time that I have known Carol, ] have iaevax ktlow,q Baron to be aggressive in any way. He is actually a very gentle dog. I believe that sotuetimes dogs are labeled as aggressive because of their size and breed. I feel that this is au u~aihu' assumption and is likely what Maas occurred in Baron's canc. Carol has always been a conscientious and considerate dog owner. Shc has always been very respectful towards others with regards to Baron. She takes great care tv ensure that $aron is kept either inside her home or within the secured areas of her yard. Shc also ensures that Baron is never a nuisance tv any of her neighbors. In conclusion, I have only ever kxaown Baton to be gentle with those around him. I know this situation was uaifortunate arxd likely only a misunderstanding of actions, but I feel certain that Carol will take great carp to erisuze that an itacident such as this never occurs again. Sincerely, Christy S. Berle ~^ ATTACHMENT A SEPTEMBER 14, 2004 -- - ... _. -- __ - -C~_' _ --- ~.~ - -- - - --- - - - - - - --- - - ---- - - - - - --- ,/i~,w - ~C~ _ 7 ~ -~ ~_...__ - _-- __ _ ~ -- . _-- - - - --- - - -. - --- ~~ - -- .~~ -- - _ __ - _ ---- .. ._ - ._ ___ -- - - _-- -- -- i - _ _ _. - - -------------. --.-------_-_-_ _~i._~._MTS.__WiIII'zcn__V_iula 2319 Beachcomber Trai! _ _ . _ _ ~ltlant4c _8cach;--Fl 3223] ATTACHMENT A SEPTEMBER 14, 2004 ,gib .~ r°, ,•~', :. ~~ ~~ ~ ~~ e-e.-~- - .lam` ~~ ~ ate- ~ ~~ ~,~,''-~°_" ~ ~ ~ ate., ~ a!sa ~ ~. .~ ~~-~-.- ~i~ ~ 3ZZ33 14~F-f !~ , (~ ATTACHMENT A SEPTEMBER 14, 2004 1117 Oriental Gardens Road Jacksonville, Fl 32207 September 14, 2004 Atlantic Beach City Hall Animal Control Division To Whom It May Concern: I frequently visit my son's family who are the next door neighbor's of Carol, Duane and Baron Roberts and was very upset and distressed over the complaint against Baron, their dog. I have never observed Baron to be anything other than a playful, affectionate animal. When I visit he comes to greet me with his ball for me to throw it to him. When the children are playing in the street, Baron takes his ball and allows it to roll to the curb for the children to throw it back to him. Baron is well behaved and loving and Carol and Duane are very responsible dog owners. I disagree with these allegations and hope they are dismissed as soon as possible. Sincerely, Mary Frances Kennelly ATTACHMENT A SEPTEMBER 14, 2004 To Whom It May Concern: I am writing this in response to the unfortunate accident between Baron and one of my neighbors. Having lived across the street from Duane and Carol Roberts we have known Baron since he was a puppy. He has always been friendly and calm. I am a parent and cat owner and I have always felt safe and comfortable around Baron. Duane and Carol are both caring and responsible neighbors and pet owners. Sincerely, ~~.c-c~~ `.P~-«- San ,Gary, and Matt Becka 2304 Beachcomber Trail Atlantic Beach, Fl. 32233 (904) 247-0176 ATTACHMENT A SEPTEMBER 14, 2004 To Whom It May Concern: As 15 yeaz residents of Atlantic Beach, it. has been our great pleasure to know Duane, Carol and Baron Roberts. As dog owners ourselves we have crossed paths with Baron and found hirn to be a loving and playful creature. He is sedate and sweet of disposition. His owners Duane and Carol are extremely responsible animal owners, as well as courteous and respectful neighbors. We are shocked and dismayed by these seemingly disproportionate allegations. As long term Atlantic Beach residents we would welcome any opportunity to testify as to Baron's passive demeanor. Respectfully Yours, Thomas and Elizabeth Shuster 74 Oceanside Drive Atlantic Beach, Fl 32233 (904) 2~7-0931 ~ a-_ ,~-. 111 CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD AGENDA 7:00 P.M., SEPTEMBER 14, 2004 Call to Order Pledge of Allegiance to the Flag Roll Call 1. Approval of the Minutes of the Regular Meeting held on May 11, 2004. 2. Recognition of Visitors and Guests regarding any matters not listed on the agenda 3. Unfinished Business from previous meeting Code Enforcement Officer Alex Sherrer will give a follow-up report on the following cases: A. Animal Control Case #70-04, Mr. Norman Anderson, 55 Robert St., Atlantic Beach-Fines and Administrative fees not paid for a total of$1,148.80 • B. Animal Control Case#125-04, Mr. Donald K. Nee, 578 Royal Palms Dr., Atlantic Beach-Fine not paid for a total of$265.00 4. New Business: Public Hearings; Case No.: 306-04: Ms. Cheri Renee McKenzie, 342 Skate Road, Atlantic Beach, FL CHAPTER 4, SEC 4-30 (b) (5) FAILURE TO PAY ANIMAL CONTROL FINE IN SPECIFIED AMOUNT OF TIME. Case No.: 308-04: Mr. Harry L. Cain, 449 Mako Drive, Atlantic Beach, FL CHAPTER 4, SEC 4-30 (b) (5) FAILURE TO PAY ANIMAL CONTROL FINE IN SPECIFIED AMOUNT OF TIME. Case No.: 440-04: Ms. Patricia Elaine Dance, 1690 Jordan Street, Atlantic Beach, FL, CHAPTER 4, SEC 4-30 (b) (5) FAILURE TO PAY ANIMAL CONTROL FINE IN SPECIFIED AMOUNT OF TIME. • Case No.: 463-04: Mr. Leon Baskins, 1631 Francis Avenue, Atlantic Beach, FL, CHAPTER 4, SEC 4-30 (b) (5) FAILURE TO PAY ANIMAL CONTROL FINE IN SPECIFIED AMOUNT OF TIME. : Duane and Carol Roberts, 2307 Beachcomber Trail, Atlantic Beach, FL, HEARING TO APPEAL THEIR DOG BEING CLASSIFIED AS DANGEROUS BY ANIMAL CONTROL 5. Miscellaneous Business: Copy of Code Enforcement Investigation Report for August 2004 to be made available at the meeting. 6. Board Member Comments: 7. Adjournment: • •