09 NOV 2010 CEB Minutes CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
6:00 P.M., November 9, 2010
PRESENT: Chairman Ray Martin
Nicholas Dodaro
Juliette Hagist
Ian LuthRinger
Richard Ouellette
Ron Pendleton
Barbara Weiss
EXCUSED: Veda Bernstein
AND: Michael Griffin, Building Official
Kathy Stiles, Code Enforcement Officer
Susan Gorman, Secretary
Suzanne Green, Prosecuting Attorney
Alan Jensen, City Attorney
Chairman Ray Martin called the meeting to order at 6:00 p.m., followed by the Pledge of
Allegiance to the Flag by all present.
Secretary Susan Gorman read the roll, finding a quorum was present.
1. Approval of Minutes: Following a brief review, Barbara motioned to approve, Juliette
Hagist seconded and the Board voted unanimously to approve the minutes of the Code
Enforcement Board meeting of September 14, 2010.
2. Administration of Oath to Defendants /Witnesses: Visitors were noted and Chairman
Martin asked witnesses to come forward to be sworn in.
3. Unfinished Business: None
November 9, 2010
Page 2.
4. NEW BUSINESS:
a. Case #60010: 901 Ocean Blvd., #51
The Board was advised that receipt of Notice of Hearing was not verified and Code
Enforcement Officer Kathy Stiles requested that Case #60010 appear on the Agenda for the
CEB regular meeting scheduled for January 11, 2011. The Board agreed with the
recommendation.
b. Dangerous Dog Case: 900 Plaza, #135
Prosecutor Suzanne Green requested that Atlantic Beach Animal Control Officer Kelly Caton
give her statement regarding the reported incident that involved the pet owned by Jonas Duran
and Samantha Smith of 900 Plaza Dr., # 135. Officer Caton testified that she was notified of
the dog bite incident by Emily West, mother of the child that was injured. Prosecutor Green
asked Officer Caton questions about the events leading up to the incident. Officer Caton gave
her testimony and Prosecutor Green inquired about the subsequent procedures relative to
containment of the animal. Officer Caton responded that based on the shot records produced
by the dog owner, the dog was placed in home quarantine, and that Affidavits were obtained
from all concerned parties. Board Members asked several more question of Officer Canton
The next witness was Patrick Meredith of 900 Plaza Rd, #143. Mr. Meredith is the
grandfather of the injured child. Prosecutor Green asked Mr. Meredith several questions and
the Board heard his testimony. Emily West, the mother of the injured child, addressed the
Board and expressed her concerns regarding the safety of her child. Prosecutor Green asked
Ms. West several questions about her child's medical treatment following the dog bite incident
and Ms. West acknowledged that she would feel more comfortable if the owners muzzled their
dog. The pet owners, Samantha Smith and Jonas Duran gave their statements and took
questions from Board Members. Ms. Smith and Mr. Duran described their dog Sadey as
friendly and without prior bite incidents. The Board asked several questions and discussion
ensued. City Attorney Alan Jensen advised the Board to determine if the dog is dangerous or
not; and that a decision to muzzle the dog is not enforceable. Emily West addressed the Board
again. Officer Kelly Caton took additional questions from the Board. Prosecutor Green asked
Officer Caton for her recommendation and she asked the Board to accept the "dangerous dog"
finding. Chairman Ray Martin asked for a motion. Barbara Weis motioned to agree with
Animal Control's "dangerous dog" recommendation. Ron Pendleton seconded and the motion
carried unanimously. Chairman Martin advised the owners, Samantha Smith and Jonas Duran
of their right to appeal the finding of "dangerous dog" as determined by the Code Enforcement
Board.
November 9, 2010
Page 3.
4. Adjournment:
There being no further discussion, the meeting adjourned at 7:44 p.m.
Ray Mar n , Chai man
Susan Gorman, Secretary