Exh 3AAGENDA ITEM #3A
FEBRUARY 12, 2001
February 1, 2001
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM: Tm Hanso
City Manager
SUBJECT: Follow-u Items
The following aze responses to questions and requests for additional information that were made
in recent City Commission meetings.
Doi Barking Complaint; 639 Aquatic Drive: Leonard Nordby of639 Aquatic Drive requested
that the Commission take action to stop the dogs from balking in a townhouse adjacent to his
property. David Thompson later reported that the City's Animal Control Officers had already
been working with .Mr. Nordby. Attached for your information is a memo from David dated
1/25/01 outlining the actions taken to date and options available to Mr. Nordby.
Complaint About Proposed Habitat Construction on Jasmine Street Lots: Mt. Christy
Brooks of 1222 Jasmine Street expressed concerns to the City Commission at the last meeting
about the possible construction by Beaches Habitat of homes. in the Jasmine Street area on lots
that contained landfill materials. Representatives from Beaches Habitat have been invited to the
City Commission on February 12`s to outline the steps they have taken/will take to evaluate the
sites and make them suitable for residential construction.
The City has known that trash was buried on the site for some time: Attached for your
information is a letter from an Engineering Firm working for the City dated February 2, 1990 to
the state notifying them of their Endings in connection with the Section H paving project.
Pic-N-Save; At the last meeting, concern was expressed over holes in the Pic-N-Save parking lot
posing a hazard to motorists. The same complaint was. conveyed to the owner last summer. At
that time, the owners put stone in the holes. However, with people using the parking lot as a
short cut, the stone did not last very long. The owners have talked in the past about fencing the
lot off; although no work has been started yet. The owners aze aware of this most recent
complaint.
Several steps are being taken to evaluate the possible purchase of the Pic-N-Save property by the
City. The Staff is planning to present a report at the City Commission meering on February 26'x.
AGENDA ITEM #3A
FEBRUARY 12, 2001
Memorandum
To: Mr. Jim Hanson, City Manager
CC: Animal Control Officers
From: David E: Thompson~of Police/DPS
Date: Ol/25/O1
Re: Leonard Nordby at 639 Aquatic Drive
When Mr. Nordby addressed the City Commission on January 22, 2001,
he did not provide all of the details on the enforcement action that had
been taken or the options that he was given by the Police Department.
Mr. Nordby has neighbors in the adjoining townhouse who own dogs.
The dogs are two (2) chow/pit mixes and one (1) shepherd mix, and
they are kept in the back yard of the town house at 370 Aquatic Drive.
The only thing separating the back yards of the town houses is an old
privacy fence.. Mr. Nordby recognizes that the fence is in poor
condition, and he is planning to replace it this Spring.
The dogs have "escaped" from the back yard in the past, and the owner
has no control over them when this occurs. In other words, the dogs do
not respond to voice commands, and they do not obey the owner.
The owner, Mr. David McDougall, has been cited. by the Police and the
Animal Control Officers. He was charged on 12/24/00 by Officer
Robert Harding for a dog running at large and not. having Atlantic Beach
tags. On January 4, 200.1, he was issued three (3}citations by Animal
Control Officer Kirn Hall. The charges included n Wing at large, no
Atlantic Beach tag, and damage to the fence at 639 Aquatic Drive.
AGENDA ITEM #3A
FEBRUARY 12, 2001
January 25, 2009
early morning hours on January 19, 2001, the police responded twice to
Mr. Nordby calling because the dogs awakened him. He was told that
if he would complete an affidavit on the violations, then we would cite
the owner. Mr. Nordby declined to sign an affidavit.
On January 19, 2001, the Friday before the City Commission Meeting, I
met with Mr. Nordby at his residence. Mr. Nordby was aware that his
neighbors had been cited for animal control violations in the past. I
photographed the damage to the fence and provided him with a number
of options in resolving the problem with his neighbor.
Option #1
Mr. Nordby was told that thePolice Department can not make his
neighbor pay for the damage to the fence. The damage to the fence is a
civil matter between two private parties, and he can file a small claims
case against his neighbor to recover any damages.
Option #2'
Mr. Nordby was referred to the State Attorney's Office Citizen Dispute
Program.. He said that he had worked with them on another case in the
past, and he was not satisfied with the result. The other person did not
show up, and then he did not get the problem resolved.
Option #3
Mr. Nordby was told that Animal Control or Police Officers would cite
the owner of the dogs for violations. However, if the officer does not
actually witness the violation, then they would need a signed affidavit
from him attesting to the violation. The Animal Control0fficers have
the paperwork to facilitate this process. So far; Mr. Nordby has declined
to sign affidavits when the opportunities were offered.
2
AGENDA ITEM #3A
FEBRUARY 12, 2001
January 25, 2001
Option #4
Mr. Nordby was told that he could call for Police or Animal Control
Officers when a violation occurs, and if the officer observes the
violation, then the officer will cite the owner.
After hearing Mr. Nordby's remarks at the City Commission meeting, I
reviewed the citations and reports on the matter. The options for Mr. Nordby
have not changed.
The violations are civil violations that call for the issuance of a citation.
Arresting the owner is not a legal option. If the Police. Officers or Animal
Control Officers do not witness the violation, then they can not issue a citation
without a signed affidavit.
There is no evidence that the dogs are violent or dangerous. Under the
circumstances, the Police Department and Animal Control Officers have
enforced the laws that are in place.
The Police Officers and Animal Control Officers will. continue to monitor the
situation, and they will continue to enforce the code when violations occur. If
Mr. Nordby chooses not to sign affidavits or pursue other solutions, then the
prospect for any real resolution remain limited.
Attachments:
Copies of 2 Citations Written 12/24/00
Copies of 3 Citations Written 01/04/01
Copies of Dispatch Cards from 01/19/01
Copy of Police Report 01-001011
Copies Photos Taken 01/19/01
AGENDA ITEM It3A
FEBRUARY 12, 2001
. .
s
Bessent, Hammack & Buckman, Inc.
CONSUI.T[NG A1D DESIGN E~\GINEFRS
~•. ,. ~ppp CORPORATE SQUAftF 804'LEVAR~•IACF50\~'111.F, PLORIDn ]2]~(: •~!%ul '313901
JACKSON\'ILLE/7AJiPA
Fehzuary 2, 1990
R~'CEit/EU
~.::,
Ms. Mary Nogas
Departmentof Environmental Regulation
3426 Bi11s Road
Jacksonville, Florida 32207
Subject: Atlantic Beach Section "H"
BHR Project No. 58604.14
JUL ? 2 ?9~~I
Dear Ms. Nogas:
cc: Kim Leinbach
Bi11y Howell
Alan Jensen
As a follow-up to our telephone conversation on January 19, 1990 regarding ,
the Atlantic Beach Section "H" project for the City of Atlantic Beach, we
are transmitting-to you the following: ,
o Location map.
o Aerial topo showing the approximate limits of trash with location
of test pits..
o Test pit Iogs. „.
As we discussed earlier, this area was discovered during the clearing oper-
ations for the proposed Section "H" improvements project. We are in the
process of modifying the engineering plans to .stay out of this area with.-
: our construction improvements..
We have not been able to determine the origin of the material except for ;
rumors that it was probably placed in the 19Z0's as a part of mosquito
control efforts.
If you .have any questions or need any additional information, please do not.
hesitate to contact our office.
Sincerely,
..;; '.
BESSENT, HAMMACK & R1ICKMAN, INC.
~~~~~
Preston S. Doub ~~ .
PSD/j cps/BHR24.Z
AGENDA ITEM #3A
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ATLANTIC ,BEACH SECTION H scA~E: NTS
DRAWING 1 OF 3
APPROX. LIMITS OF TRASH DATE: 58604.14
PROJECT N058604.74
8essent, Hammack&Ruckman, Inc.
CONSULTING r1ND DESIGN ENGINEERS
1900 CORPORATE SQUARE IIU'D, .. JAC%SO;VV7LLE. FL 3221b (901)721-2891
q
AGENDA ITEM #3A
FEBRUARY 12, 2001
_ Y
O MUCK ONLY - NO TRASH
NO TRASH
O SU RFACE TRASH.ONLY -~1-"
a NO TRASH
QQ NO TRASH-
O 3' OVERBURDEN 8` .TRASH.
~7 3` TO 4' TRASH
O8 7' TRASH
O 7' TRASH
1.0 8' TRASH •
11 3` OVERBURDEN '6.5' TRASH
12 8' TRASH
13 4' TRASH
NO TRASH
1~5 -18 NO TRASH
a
a
z
m
~~C~'IVED.
JUG ~ 2 1991
L.1C ~rt.aBKs
ATLANTIC- BEACH SECTION H SCALES
DRAWING 3 OF 3
' TEST PIT LOG oarE: 1-2o-so
PROJECT N0586D4.14
t,,.
Bessent, Hammack& Ruckman, Inc.
CONSULTING AND DESIGN ENGINEERS
1900 COIiPOft nTE.SQUnRE Stv D. • I,~CXSONV1t,LE. FL ]2216 191?u-~~-?OCp1
AGENDA ITEM ii3A
FEBRUARY 12, 2001
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