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
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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
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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