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CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
NOVEMBER 9 , 2004
Call to order: PRESENT: Curtis Sanders, Chairman
Carl Russell
Ray Breault
Mamie Hurd
AND: Alex Sherrer, Code Enforcement Officer,
Alan Jensen, City Attorney
Ellen LaVake, Secretary
ABSENT: Suzanne Noel (excused) Peter Wynkoop (excused)
Don Wolfson (excused)
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 Suzanne Noel, Don Wolfson,
and Peter Wynkoop were absent.
1. Approval of the Minutes of the Meeting held on September 14, 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. Unfinished Business:
Code Enforcement Officer Alex Sherrer gave afollow-up report on the following cases:
A. Animal Control Case #306-04, Ms. Cheri McKenzie, 342 Skate Rd., Atlantic
Beach-Fine of $55.00 was paid in full.
B. Animal Control Case #308-04, Mr. Harry L. Cain, 449 Mako Dr., Atlantic
Beach-Fine not paid-lien to be placed on property November 14, 2004.
C. Animal Control Case #440-04, Ms. Patricia Elaine Dance, 1690 Jordan St.,
Atlantic Beach-Fine not paid-lien to be placed on property November 14,
2004.
4. New Business:
Chairman Sanders stated that the Board would be hearing an appeal by Mr. John
Radcliffe of 1921 Sevilla Blvd. West to the Animal Control determination declaring his
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:
Atlantic Beach Police Officer Cassidy stated that he met with Ms.Elsie Parman of 1820
Sevilla Blvd. #105. In his report dated 10/7/04 the Officer stated that Ms.Parman said she
had been bitten on the wrist by a dog.
Animal Control Officer McGrath testified that she had spoken to Mr. Joe Rheal who was
walking the dog at the time of the incident. He stated that a woman had been walking
behind him and when she approached him the dog was startled and bit her. Officer
McGrath also talked to the dog's owner, John Radcliffe. Mr. Radcliffe informed the
Officer that Joe Rheal was his uncle who was taking care of his dog "Sam".
Captain Campbell of the Atlantic Beach Police Department informed the Board that he
had received the incident report and made the initial finding that the dog was dangerous.
He then stated that he had sent a letter to Mr. Radcliffe advising him that his dog "Sam"
was classified as dangerous according to City Code section 4-10.
At 7:30 p.m. Chairman Sanders declared the hearing closed to the Public. After further
discussion, Chairman Sanders called for a motion. A motion was made by Board
Member Russell and seconded by Board Member Breault to have the Animal Control
Officer review the findings and remove the determination that the dog was dangerous.
The vote was tied at 2-2 with Board Members Russell and Breault in favor of the motion
and Board Members Sanders and Hurd against.
City Attorney Jensen stated that due to a tied vote, the motion failed. It was determined
that since there was no recommendation from the Board, the case would be referred back
to Animal Control for a final decision. At 7:45 p.m. Chairman Sanders declared the case
closed.
Code Enforcement Officer Sherrer asked the Board Members if they wanted to call a
special meeting in December for pending Animal Control cases. The Board Members all
agreed to wait until the regular meeting to be held in January 2005.
Chairman Sanders congratulated Code Enforcement Officer Sherrer on being awarded
"Employee of the Year" by the City of Atlantic Beach.
5. Adjournment:
Chairman Sanders declared the meeting ad' urned at 7:55 p.m.
Curtis Sander ,Chairman
Attest: ~~ Code Enforcement Board
Ellen LaVake -Secretary
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• CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD AGENDA
7:00 P.M.,NOVEMBER 9,2004
Call to Order
Pledge of Allegiance to the Flag
Roll Call
1. Approval of the Minutes of the Regular Meeting held on September 14, 2004
2. Recognition of Visitors and Guests regarding any matters not listed on the agenda
3. Introduction of new board member Suzanne Noel
4. Unfinished Business from previous meeting
Code Enforcement Officer Alex Sherrer will give a follow-up report on the following
cases:
• A. Animal Control Case #306-04, Ms. Cheri McKenzie, 342 Skate Rd., Atlantic
Beach-Fine of$55.00 paid in full
B. Animal Control Case#308-04, Mr. Harry L. Cain,449 Mako Drive,
Atlantic Beach-Fine not paid, $50.00/day fine accruing until November 14,
2004 at which time a lien will be placed on owner's property
C. Animal Control Case#440-04,Ms. Patricia Elaine Dance, 1690 Jordan St.,
Atlantic Beach-Fine not paid, $50.00/day fine accruing until November 14,
2004 at which time a lien will be placed onowner's property
5. New Business:
A. City Attorney will provide instruction as to the procedures of the hearing to
follow:
B. Public Hearing; Dangerous dog
6. Miscellaneous Business:
• A. Appoint new Vice-Chairperson
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B. Confirm date of December 7th or 14th for a special Code Enforcement hearing
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C. Review Code Enforcement Monthly Report
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7. Board Member Comments:
8. Adjournment:
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