09/12/06
CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
September 12, 2006
Call to Order: PRESENT: Carl Russell, Vice Chairman
Mamie Hurd
Barbara Weiss
Ray Breault
AND: Alex Sherrer, Code Enforcement Officer
Susan Gorman, Secretary
Suzanne Green, Prosecuting, Attorney
Alan Jensen, City Attorney
ABSENT: Velda Wells, excused
""` Ron Pendleton
Richard Ouellette, excused
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 approve the minutes from May 9, 2006 and July 11, 2006.
Motion carried unanimously. Corrections were noted in the minutes of May 9` , 2006
1. SWEARING IN OF WITNESSES
Chairman Carl Russell swore in the witnesses
2. HEARINGS
1. Dangerous Dog Appeal
a. Case # 06-11166
Prosecuting Attorney Green called Officer Shawna Moschberger to testify regarding the events
of May 20,2006. Officer responded to a call involving Mosely, the Seelie family pet. Mr.
Page 2.
September 12, 2006
that witnesses were not available to provide statements. Mike Seelie questioned the reputed
May incident and asked about efforts and documentation regarding the complaint by his
neighbor, Derrick Levy. Attorney Green asked Officer Robert Harding about the complaint
made by Scott Levy on June 2, 2006. Officer Harding arrived at the site of the complaint and
found the Seelie pet to be aggressive. Derrick Levy told the officer that his dog was bitten on the
rear by Mosely. Mike Seelie produced several items relevant to the case, requesting they be
noted and submitted to the Secretary of the Code Enforcement Board. The Board heard
testimony from Derrick Levy. The Board next heard testimony from neighbors, Mike and
Barbara Schmidt of 446 Inland Way regarding their experience with the Seelie pet. Mike Seelie
was allowed to question his neighbors regarding their testimony before the Board. Ray Coleman
of Inland Way made statements to the Board regarding his perception of Mosely's temperament.
.Board Members asked questions of the Seelie family about patterns and routines involving
Mosely and inquired about efforts to restrain Mosely. Mike and Beth Seelie stated their efforts
to confine Mosely with an electric fence. Chairman Russell called for a motion. A motion was
offered to concur with the decision by Animal Control to declare Mosely dangerous. Chairman
Russell asked the secretary to take a roll call vote, the Board voted unanimously to agree Animal
Control.
3. NIISCELLANEOUS BUSINESS
Case #839-04 & 165-OS -Benjamin Brown -Outstanding
Code Enforcement Officer Alex Sherrer provided the Board with background and an update
regarding Case #839-04 and 165-05. Board Members inquired if progress was made since Mr.
Brown last appearance before the Board. Alex Sherrer provided recent pictures of Mr. Brown's
property. Chairman Russell asked Mr. Brown to state his request before the Board. Mr. Brown
asked the Board to revoke the outstanding penalties due to his efforts to come in compliance.
Board Members discussed the case and Chairman Russell called for a motion. A motion was
offered to deny Mr. Brown's request that fees be waived based on the need for Mr. Brown to
come in compliance. Chairman Russell asked for a roll call vote and the motion carried
unanimously. Mr. Brown was told to continue his efforts to come in compliance.
Chairman Russell called for a motion to adjourn; a motion was made and carried. The Code
Enforcement meeting adjourned at 10:05 p.m.
r
Co-Chairman, CEB
Attest:
Susan Gorman, Secretary