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12-17-12 Minutes Special called Mtg v CITY OF ATLANTIC BEACH SPECIAL CALLED MEETING CODE ENFORCEMENT BOARD MINUTES 6:00 P.M.—December 17,2012 IN ATTENDANCE: Veda Harless, Chair Alan Jensen, City Attorney Meade Coplan Suzanne Green, Prosecuting Attorney Ian Luthringer Dayna Williams, Secretary Richard Ouellette Benjamin de Luna ALSO IN ATTENDANCE: John Stinson, Alternate Vic Gualillo, Commander Kelley Caton, Animal Control Officer ABSENT: Juliette Hagist(Excused) Nicholas Dodaro (Excused) Chair Veda Harless called the meeting to order at 6:05 p.m., followed by the Pledge of Allegiance to the Flag. Secretary Dayna Williams read the roll, finding a quorum was present. 1. Approval of Minutes Motion: Approve minutes of the Special Called Code Enforcement Board Meeting of November 14,2012. Moved by de Luna, Seconded by Ouellette The motion was approved unanimously. 2. Administration of Oath to Defendants/Witnesses Chair Veda Harless gave the oath to the defendants and witnesses. 3. New Business A. 1640 Beach Avenue, Brian and Leslie Platock, Police Case #12-19568: Atlantic Beach City Code, Chapter 4, Sec. 4-10 Dangerous Dog. Prosecuting Attorney Suzanne Green stated we had Attorney P. Campbell Ford before the Board representing Ms. Platock. Ms. Green stated we are going forward today with the Dangerous Dog Ordinance 4-10 (1) (d). Ms. Green further stated we also have evidence of(1) (a) and the Board needs to consider both of those. Ms. Green called Bobbie Jo Hunter and asked the witness to state her name and address. The witness stated Bobbie Jo Hunter, 706 Kestner Road,Atlantic Beach, Florida. Ms. Hunter gave her testimony stating she sustained injuries on her left thigh, which had deep puncture wounds, her knee was injured from the impact and she had an MRI. She further stated it was just soft tissue, no ligaments were torn and she could not walk for three weeks. Ms. Hunter stated her left arm has a deep bite gash and is still healing. Ms. Green asked if she received medical attention and the witness stated yes. Ms. Green asked if Ms. Hunter had to get some therapy as a result of this incident. Ms. Hunter stated she has had acupuncture, massage work, deep tissue work and trauma counseling. Ms. Green stated a police report was made of the incident and introduced it as Exhibit 1. Ms. Green stated the police report states Ms. Hunter did not report this incident to the City for a week and would she please explain what happened. Ms. Hunter stated when she was at Care Spot for treatment they required she fill out a dog bite report as required by law. Ms. Hunter stated the staff at Care Spot told her they would turn it into the police and she assumed that had been done. The witness stated she followed up a week later and found out Care Spot had not submitted it to the police and that is when she contacted Animal Control. Ms. Green stated there were some pictures taken of Ms. Hunter's injuries and asked the witness who took them. The witness stated Andrew Carey. Ms. Green displayed the pictures and asked Ms. Hunter when they were taken. The witness stated they were taken right after the incident. Attorney Campbell Ford then questioned the witness regarding the number of bites stated in the medical report and the number of bites stated in the affidavit given by Ms. Hunter. Ms. Green submitted Ms. Hunter's affidavit as Exhibit 2. Mr. Ford submitted the medical report as Exhibit 3 and the door hanger left on the Platock's front door as Exhibit 4, stating it clearly states a dog bite, not multiple bites. The witness was dismissed. Ms. Green called Andrew Carey and asked him to state his name and address for the record. The witness stated Andrew Carey, 706 Kestner Road, Atlantic Beach. Ms. Green asked the witness several questions and he gave his testimony. Ms. Green submitted Chief Classey's letter to the Platock's as Exhibit 5. The letter was a declaration from the City of Atlantic Beach determining their dog fit the description of a dangerous dog. Ms. Green called Kelly Caton and asked the witness to state her name and position. The witness stated Kelly Caton, Animal Control Officer for the City of Atlantic Beach. Ms. Green asked the witness to describe the report she submitted regarding the incident of November 11, 2012 and Ms. Caton gave her testimony of the incident. Ms. Green asked the witness if she submitted an Animal Complaint Affidavit and Ms. Caton stated yes. Ms. Green tendered the affidavit as Exhibit 7. Ms. Green then tendered a picture the witness had taken of the dog as Exhibit 6. Mr. Ford questioned Ms. Caton and submitted an affidavit from veterinarian, Dr. Green, as Exhibit 8. Mr. Ford read from the affidavit stating Dr. Green has never experienced any aggressive tendencies with Hurley, the Platock's dog. The witness was dismissed. Mr. Ford called Ms. Platock and asked her to state her name and address. The witness stated Leslie Platock, 1640 Beach Avenue. Mr. Ford asked the witness to state her profession and Ms. Platock stated she was a dentist and has been in practice for twenty years. Mr. Ford asked if she had ever had any prior problems with her dog, Hurley, and she stated no. Mr. Ford explained the pictures that had been submitted in Exhibit 8. Mr. Ford asked the witness if she saw any injuries on the dog. Ms. Platock stated when she returned from Care Spot she noticed Hurley's left front paw had some blood on it and he was limping. Ms. Platock stated she had not noticed this before the incident and believes Ms. Hunter may have run over his paw. Mr. Ford continued to discuss the events of the incident with Ms. Platock, submitting a series of email exchanges from Ms. Hunter and Ms. Platock as Exhibit 9. Chair Harless asked Ms. Platock if her dog bit Ms. Hunter. Ms. Platock stated yes, but she also believes Ms. Hunter ran over Hurley's paw, so the incident was not unprovoked. Chair Harless asked the witness if she had any idea how Hurley got out of his collar and she stated no. Mr. Ford continued to debate the fact that Hurley ran from the right to the left and it was Ms. Hunter's left thigh and arm that were bitten. Discussion continued regarding the injury to Hurley's left paw and speculation Minutes of the Code Enforcement Board on December 17, 2012 Page 2 of 4 whether Ms. Hunter ran over his paw causing the incident to occur. Further discussion ensued. Ms. Coplan asked the witness if they should find in Hurley's favor would she be handling him any differently. Ms. Platock stated they would like to build a fence so this would never happen in the future. Mr. de Luna asked if Hurley was aggressive to other dogs or people when they take him for walks and the witness stated no. Ms. Platock stated he is a very sweet and loving dog. Mr. Ford submitted eight affidavits from the Platock's neighbors as Exhibit 10. Ms. Green showed Ms. Platock the Care Spot report the Board had been discussing and asked if the part labeled diagnosis states there was a dog bite on the left hip and left forearm. The witness stated yes it does. Ms. Green further questioned the witness. Ms. Green asked the witness if she would admit that there was a bite, the dog came off property onto the street and approached the rollerblader and the witness stated yes. Ms. Coplan asked Ms. Platock to clarify if she volunteered to pay all the medical expenses for Ms. Hunter. Ms. Platock stated they paid for the treatment at Care Spot, acupuncture treatments, herbal tonics and some probiotics Ms. Hunter requested. She further stated she did not know what to do when Ms. Hunter became concerned about her loss of income, so they now have their insurance company helping Ms. Hunter with that. Ms. Platock stated she was concerned and did not want Ms. Hunter to have any problems from what had happened. Mr. Ford called Mr. Platock and asked him to state his name and address for the record. The witness stated Brian Platock, 1640 Beach Avenue. Mr. Ford questioned Mr. Platock about this incident. Mr. Platock testified to his account of the incident. Mr. Ford called Chris Anderson. Chair Harless asked the witness to state his name and address for the record. The witness stated Chris Anderson and he lives close to the Platocks on Coral Street. The witness stated he did not see the incident, but he is familiar with the intersection where the incident took place. Mr. de Luna asked if he had walked the dog or had any kind of interaction with him. The witness stated he has walked by and pet the dog and has never seen any type of aggressive behavior. Mr. Stinson stated the dog knows you; how does he react to strangers. Mr. Anderson stated he sees people going by on rollerblades, skateboards, pedestrians and joggers and the dog never even moves toward people. Ms. Green asked the witness if he saw the incident and the witness stated no. Ms. Green stated, for the record, the witness did not see the incident, was not there, does not know how the dog got off leash and into the street and does not know if the dog was unprovoked, and the witness stated that is correct. Mr. Ford called Jason Rodriguez and asked him to state his name and address. The witness stated Jason Rodriguez, 1785 Selva Marina Drive. Mr. Ford asked what his relationship was to the Platocks. The witness stated they were friends and his children go to school with theirs. Mr. Ford asked if he had any fears or concerns with letting his children be around Hurley and the witness stated not at all. Mr. de Luna further questioned Mr. Rodriguez. Chair Harless asked Mr. Ford if he had anything else and he stated no. Ms. Green asked if the Board had any questions for Ms. Hunter. Ms. Coplan questioned Ms. Hunter. Ms. Green stated she understands the Board asked Ms. Hunter's opinion and stated the Board has to follow the Ordinance; but she wanted to know if Ms. Hunter has concerns that this dog will bite again. The witness stated she thinks this dog, like a lot of dogs, gets agitated by skaters and needs to be in an area where it does not see skaters all the time. The witness stated she is not terrified of this dog and skates by there every Sunday morning. Discussion ensued. Mr. Ford asked the witness if Minutes of the Code Enforcement Board on December 17, 2012 Page 3 of 4 she was aware the City of Atlantic Beach was going to go forward with this proceeding after she gave her sworn affidavit. The witness stated she did not. Ms. Hunter stated it was just a matter of record and she thought she had to give a sworn affidavit in order to file an insurance claim. Mr. Ford continued questioning the witness and her motives. The witness maintained she thought she was following the proper procedure necessary to file a homeowner's insurance claim. Mr. Ford stated he had no further questions. Chair Harless stated, after hearing the evidence, it was her belief this was an unfortunate accident and she was ready to make a motion. Motion: The Board finds the dog, Hurley, owned by Brian and Leslie Platock, not be declared as a dangerous dog. Moved by Harless, Seconded by Coplan Mr. de Luna stated he would like to add some points and stated he was sorry Ms. Hunter was injured. Mr. de Luna stated we had testimony the dog was hurt and did not have any evidence to the contrary. Mr. de Luna stated it would have been valuable if Ms. Caton had had the opportunity to see the dog. Mr. de Luna stated his vote would be in the affirmative for the motion because he did not see the evidence here. Mr. Luthringer stated the City brought this under Ordinance 4-10 (1) (a) and (1) (d). Mr. Luthringer stated based on prior expert testimony we have had in other cases, which is now part of our knowledge base that we can reflect on; he believes we do not have enough here to determine this was an aggressive bite. Mr. Luthringer stated counsel has done a good job in making clear this may not have been an aggressive bite. Mr. Luthringer further stated that under (1) (a) he would say this is not a dangerous dog. However, under (1) (d) we do know the dog left its property, approached somebody in the street and then bit somebody. Mr. Luthringer stated based on (1) (d) he would find that it is a dangerous dog and votes to deny the motion. Chair Harless stated Mr. Luthringer has made some good points, but she felt this is an unfortunate situation and reiterated her motion that this dog be deemed not dangerous. Discussion ensued and a vote was taken. Votes: Aye: - 5 - Harless, Coplan, Stinson, de Luna, Ouellette Nay: - 1 -Luthringer Motion Carried 4. Miscellaneous Business None 5. Adjournment There being no further discussion,the meeting adjourned at 9:45 p.m. n J Veda Harless, Chair Dayn IL. Williams, Secretary Minutes of the Code Enforcement Board on December 17, 2012 Page 4 of 4