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07/11/06CITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD MINUTES July 11, 2006 Call to Order: PRESENT: Carl Russell, Chairman Ron Pendleton, Vice Chairman Mamie Hurd Barbara Weiss Richard Ouellette Suzanne Green Velda Wells AND: Alex Sherrer, Code Enforcement Officer Susan Gorman, Secretary Suzanne Green, Prosecuting Attorney ABSENT: Ray Breault excused Alan Jensen Chairman Russell called the meeting to order at 7:05 p.m., followed by the Pledge of Allegiance to the Flag by all present. Chairman Russell requested that the roll be read. Secretary Gorman read the roll and determined that there was a quorum. Chairman Russell motioned to delay approving the minutes from May 9, 2006. Motion carried unanimously. Corrections will be noted at the next regular meeting Attorney Green asked to be excused before the conclusion of the meeting. 1. SWEARING IN OF WITNESSES Chairman Carl Russell swore in the witnesses 2. HEARINGS 1. Danger Dog Appeal a. Case # 06-07905, Eric Whitely Prosecuting Attorney Green called Officer Jamison to testify. Officer Jamison responded to a call that involved two dogs attacking a cat. The officer explained the condition of the cat when he arrived on the scene. Officer Jamison stated that witnesses reported several motorists beeped Page 2. July 11, 2006 their horns to stop the attack. The owner of the cat was not identified. Affidavits from eye witnesses were provided by Attorney Green. Mr. Eric Whitley, owner of one of the dogs had been dog sitting his mothers dog, testified that his and his mother's dog had escaped through an open gate. Mr. Whitley acknowledged to Attorney Green that the dogs killed the cat, but claimed the dogs are not aggressive by nature. Mr. Whitley's mother, Ms. Karen McNalley, along with several friends, family members and associates addressed the board and testified to the calm nature of the dogs. No other acts of aggression are documented. Vaccines for the dogs are current..Mr. Whitely appealed to the Board not to label the dogs as dangerous. Board Member Barbara Weiss expressed concern about the attack and asked the owners about the nature of the pets. Mr. Whitley once again stated the dogs are not aggressive by nature, and that they had acted out of character when they attacked and killed the cat. Chairman Russell asked for discussions or questions. A request for a motion was put to the Board. A motion was made by Ron Pendleton, to disagree with the finding by Animal Control in Case # 06-07905. Richard Ouelette seconded and Chairman Russell asked for a roll call vote. The Secretary took the roll and the motion passed with a vote of five to one to not concur with Animal Control. Board Members Russell, Hurd, Wells, Pendleton, & Ouellette voted for the motion, Board Member Weiss vote nay. Chairman Russell stated that the vote by the Board states a position but not a legal decision. Chief Thompson will be advised of the Board's decision and Chief Thompson will be in communication with the respondent 2. Mutliple Animal Control Citations Case # 330-06, Sonya Brown was dismissed, respondent moved with no forwarding address Case #331-07, Joseph McGurrin provided evidence and information that contradicted information presented by the Code Enforcement Officer that was provided during the hearing. Chairman Russell asked the Code Enforcement Officer to defer the case until the evidence could be reexamine, Alex Sherrer agreed to follow up and clarify any confusion with regard to Case # 331-07. Case # 333-06, Valerie Gwizdak, Alex asked the Board to consider the respondent in compliance but issue a verbal warning that the maximum fine of $500.00 will be applied in the event that repeat identical violations should occur. Case # 332-06, David Shrine Moved, no forwarding address Page 3. July 11, 2006 3. MISCELLANIOUS BUSINESS Case # 839-04 & 165-05, Benjamin Brown, Appeal of Fine The Board agreed to defer their decision on Case # 839-04 & 165-OS until legal representation is available. The Board adjourned at 7:50 p.m. o-Chairman, CE hest: Susan Gorman, Secretary