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04-26-2007 u u u CITY OF EDGEWATER ANIMAL CONTROL BOARD DOG HEARING Case - Merrimac Dogs April 26, 2007 6:30 P.M. CITY HALL CONFERENCE ROOM MINUTES CALL TO ORDER Chairperson Donna Wagner called the Dog hearing to order at 6:40 PM in the City Hall Conference Room. ROLL CALL Members present were: Donna Wagner, Dr. Vanis, Jamie Young and Karen Mason. Also present were: Board Coordinator Michelle Grenham, Animal Control Officer Lisa Saunders, arid Officer Marty Miles. Absent and Excused: Mary Wenderoth. Witnesses Present for Mr. Dunning: Glenn Dunning and Nathalie Dunning of 127 Merrimac St, Edgewater, FL. Witnesses Present for Mr. Volkmann: Jeremy Volkmann and Mary Fluharty of 126 Merrimac St, Edgewater, FL. HEARING All witnesses as stated above and Officer Miles were sworn in: Do you solemnly swear and affirm that the testimony you are about to give before the Animal Control Board in regards to this case is true and correct to the best of your knowledge? All witnesses stated "I Do" . City of Edgewater Dangerous Dog Hearing "Duo" Page I of I o u Q Lisa Saunders began the meeting by explaining that she (as an Animal Control Officer) had requested a special Animal Control Board meeting under the following sections of the Animal Control City Ordinances: Section 5-6 (a) (4) - Take testimony under oath Section 5-6 (a) (6) - Make recommendations to the City Council on animal control matters Section 5-6 (a) (7) - To adopt rules of procedure not inconsistent with the provisions of this chapter and approved as to form and correctness by the City Attorney - (Public nuisance dog) Lisa stated that both parties involved were requested to attend. The Animal Control Board has been provided with past incident reports and documentation outlining the history and chain of events that have occurred at 126 Merrimac. Lisa believes, based on her research, that the public nuisance seizure section of the ordinance applies to this case if there are future barking dog complaints at that residence. However, procedures do not exist for the seizure of an animal. Lisa Saunders requested the board evaluate two (2) items. First, she asked the board to determine if the dogs at 126 Merrimac should be classified as Public Nuisance dogs and second, make a future recommendation to the City Council regarding a public nuisance dog being removed from a residence. Lisa requested more specific language/guidelines be added to the ordinance with regard to the seizure of the public nuisance dog. Testimonv 1 - Officer Martha Miles Officer Miles was an Animal Control Officer at the time that she cited Mr. Volkmann. Officer Martha Miles gave a brief testimony. Officer Miles stated that she had issued a public nuisance dog citation to Mr. Volkmann resulting from a violation witnessed the prior evening by Officer King'ston. Officer Miles indicated that she had never made contact with Mr. Volkmann or went to 126 Merrimac where the complaints have been generated. She was sent to the address at the 2300 block of Queen Palm to make contact with Mr. Volkmann. She has never heard any violations personally. Testimonv 2 - Animal Control Officer Lisa Saunders Donna Wagner asked Lisa Saunders how many citations had been issued to Mr. Volkmann. Lisa indicated that five citations have been issued to Mr. Volkman. Donna asked how many citations had been paid to the City. Lisa indicated that none of the five citations had been paid to the City and that Mr. Volkman had court appearances scheduled. Donna stated that the records she had been provided for review, show that Mr. Volkmann has over $1000 of outstanding fines. City of Edgewater Dangerous Dog Hearing "Duo" Page 2 of2 <.) o Dr. Vanis asked about the situation surrounding the barking dogs and if anyone in the room knew what kind of dogs were involved in this situation. Lisa testified that she was not sure what types of dogs were at the residence and that for a period of time the animals were in the house on Merrimac and Mr. Volkmann was living at another residence. Jamie Young asked whether the Animal Control Officers had approached the barking dog problem by proposing alternate solutions (citronella collar, barking collars). Lisa stated that the one time that she responded to the house for a barking dog call, she proposed an alternate solution and Mr. Volkman indicated that he had citronella collars on order. In addition, Lisa came back the following day and had left a door tag for Mr. Volkman to contact Animal Control. Lisa indicated that Mr. Volkman had not followed through. Lisa testified that on the occasion when she received a complaint, she had to come to the Police station to pick up the Animal control truck. While at the station, she could hear the dogs at 126 Merrimac barking. She followed the sound of the barking dogs to the scene. That night, Lisa asked how many dogs Mr. Volkmann had and he responded that he had four dogs. Jamie Young asked if any other neighbors had issues or had filed any complaints. Lisa indicated that she had a copy of a petition that Mr. Volkman had signed by several neighbors stating that they did not hear the dogs. But when she went to the 126 Merrimac address the next day, she interviewed other neighbors to determine if they had heard the barking dogs. Two of the other neighbors had heard the dogs barking but did not want to get involved. Dr. Vanis stated that none of the signatures were from residents on Merrimac and the petition was from 2005. Karen Mason asked if the Animal Control Officers had the right to issue a citation for each barking dog on each occurrence of barking. Lisa stated that they could. Karen stated that if the barking continued, it would get very expensive. Lisa stated that prior to the Animal Control duties being assigned to the Police Department, there was no automatic or electronic method of tracking the number of calls or responses to a single address. This resulted in the Animal Control Officers inability to determine the severity and/or increase in penalty that should be assessed. It was brought to the Board's attention that when the Animal Control responsibilities moved from the Fire Department to the Police Department, Chief Taves and City Manager Williams meet with Mr. Dunning. Lisa was asked to discuss the outcome of the meeting with Chief Taves and City Manager Williams. She stated that after the meeting she spoke with Glenn Dunning and he indicated that as a result of the o meeting, police officers where now writing citations. City of Edgewater Dangerous Dog Hearing "Duo" Page 3 of3 o o Q Testimony 3 - NeiQhborsGlenn & Nathalie DunninQ Mr. Glenn Dunning (the neighbor of Mr. Volkman) resides at 127 Merrimac, Edgewater, FL. Glenn and Nathalie Dunning gave a testimony regarding their experience with the barking dogs at 126 Merrimac. Mr. Dunning indicated that the problems follow a pattern of starting as minor issues and progressing up to a "blow up" and then the cycle begins again. He stated that now there is a bird that makes noise and now there are additional dogs (2 small dogs). Over the past few years, Mr. Dunning states that he could have called hundreds of times for barking dogs. It happens at all times during the day and night. Mr. Dunning read a letter that he had written summarizing what has been occurring over the past several years (since 2003). He and his wife have been dealing with the barking dogs at 126 Merrimac for over three years and they would like a resolution to this problem. Quoting an October 2006 letter that he had written to the Mayor "nine Edgewater Police Department Officers have responded to 22 calls from himself". Glen and Nathalie Dunning stated that Mr. Volkman's dogs have, in the past, escaped from the yard and were roaming the streets. They still get out occasionally but not as often since Mr. Volkman installed a taller fence. In addition, they stated that they have personally seen the dogs attempt to attack people. At the conclusion of Mr. Dunning's statement, Donna Wagner explained that the current City Ordinance for nuisance dogs does allow the Animal Control Officer to take a dog into custody, but it does not provide details about the duration of that custody. Donna explained that the board has the capability to classify a dog as a nuisance dog and take custody of the dog, but the City ordinance is not specific and would have to be reviewed by the board. Upon review of the City Ordinance, the board could make recommendations to the City council to modify the ordinance. Donna Wagner called for break at 7:55. Meeting reconvened at 8: 10pm Testimony 4 - DOQ Owner Jeremy Volkman Mr. Jeremy Volkman resides at 126 Merrimac, Edgewater, FL. Jeremy Volkmann and Mary Fluharty gave a brief testimony. Mr. Volkman began the meeting by stating that he simply wanted to resolve the situation. He stated that he would do whatever Mr. Dunning wanted him to do in order to appease him in order that he will leave him alone. Donna asked Mr. Volkmann if he had the anti-bark citronella collars. He stated that they were on back-order and he has since cancelled the order. He stated that he is reasonably assured that the solution to this whole last three years is to find a home City of Edgewater Dangerous Dog Hearing "Duo" Page 4 of 4 () <.) o for the dogs. He stated that he wants to keep them together and he would be glad to pay for food if someone will just take them. They have grown up together and they like each other. Donna stated that was an impossible request. Mr. Volkman stated that he had planned. to take the 2 large dogs this weekend to a friend's house in the County to see if his dogs and their dogs get along. If they do, he will leave the dogs there. If not, he will pursue the issue and within 30 days the dogs will either be off the property or he will have them put to sleep. He said that he is willing to work this situation out. Mary Fluharty stated that they feel like prisoners in their own home because every time they leave the house the police are called. They have to sneak out of their house in order to go out. Mary Fluharty testified that they had received phone calls from Mr. Dunning stating that the dogs were barking and the dogs were not even at the 126 Merrimac address. Mr. Volkman testified that the reason he has the dogs is because he owns a construction company and the dogs ensure that nothing happens to the equipment stored in his property. Mr. Volkmann stated that there are several people in the neighborhood that have served jail time and that he does not trust. He testified that the dogs served a purpose. Nothing has been stolen from his property since he has owned the dogs. Lisa Saunders inquired about the citronella dog collars and. Mr. Volkman testified that they had tried electric shock collars in the past and it did not work. Lisa expressed concern that when she inquired with Fosters and Smith about the collars that they have never been on back order. Karen Mason asked what kinds of dogs that were at issue. Mr. Volkman stated that it was an Australian Cattle dog and an Australian Shepherd. Mr. Volkmann indicated that he has been looking for a home for the dogs since the beginning of April. Mary Fluharty testified that they are willing to do anything to stop the calls ---- they are "Sick of it", They don't want their 18-month-old daughter to get any more attached to the dogs than she already is. Donna Wagner proposed that Mr. Volkmann surrender the dogs to the City of Edgewater effective Friday morning (4/27/07) with a 4-day hold until Mr. Volkmann can talk to his friends in the County about taking them. If those people can't take them, we will call an Aussie rescue and have them placed. City of Edgewater Dangerous Dog Hearing "Duo" Page 5 of 5 v u o Mr. Volkman said that if the City wants to pick the dogs up in the morning, that would be fine. He doesn't want to waste any more time of his or anyone else. He has a thousand dollars worth of tickets to pay and he is "done" and he wants this to end. Mr. Volkmann testified that he does not have any problem with Mr. Dunning or his wife and he feels that he has done everything that he could, including building a separate dog run, putting the dogs in the shed and that has not worked so "let's get rid of the dogs". He stated that he is not getting any more dogs. Jamie Young suggested other options to avoid getting rid of the dogs. Mr. Volkmann said he has tried many things and nothing seems to work. Dr. Vanis suggested surgical debarking or training. Mary Fluharty and Jeremy Volkmann did not want a surgical procedure done for their dogs. Mary Fluharty and Jeremy Volkmann asked if the dogs were labeled as nuisance animals if that meant that they would be destroyed. The board members told them that it did not mean that and they could still get insurance and the dogs could still be adopted. Jamie Young asked if the dogs were friendly with other dogs. Mr. Volkmann stated that the dogs are friendly with his Chihuahua and mini pincher and with his 18- month old child. His dogs have been around many other dogs and they have never had a problem. Lisa Saunders asked about the noise level of the Chihuahua, mini pincher, and the cherry-headed conure. Mary Fluharty testified that the bird only makes noise twice a day in the morning and the evening. The board asked if de-barking the dogs was an option or if obedience school was an option? Mr. Volkman stated that a surgical was not an option and the dogs already perform all of the general obedience skills (barking, coming, staying, heeling). Mr. Volkmann stated that the dogs are no problem when he is home. The problem is when he is not home. He was not living there for 2 years and the dogs were living there. He would stop by and feed them and check on them. Mr. Volkmann stated the dogs are both humane society rescue dogs. That's where they came from. Mary Fluharty stated that she couldn't take the stress of the calls anymore and that is the reason they want to get rid of the dogs. City of Edgewater Dangerous Dog Hearing "Duo" Page 6 of6 I I o u u Donna Wagner made a suggestion to the board regarding the classification of the dogs as nuisance dogs and having animal control take the dogs in to custody to determine what the rest of the board thought. The suggestion was discussed and then Karen Mason made a motion. The motion was carried and Mr. Volkmann agreed. This was the conclusion of the 126 Merrimac dog hearing. BOARD HEARING After hearing the witness and evaluating the information, the Board reviewed the testimony and the City Ordinances. Chairwoman Wagner called for a motion and vote on public nuisance classification and taking Mr. Volkman's 2 large dogs in to custody. MOTION bv Karen Mason, SECOND bv Dr. Vanis based on the requirements contained in Edgewater City Ordinance and testimony orovided, Mr. Volkman's docs are deemed nuisance docs and he will relinquish ownership of the docs to the Animal Control Officer on morninc of 4/27 to be keot at the Animal Shelter until 4/28. On 4/28, Mr Volkman can retrieve the docs to take them to a friend's house in Volusia County that may ootentially adopt them. If the "friend" does not want to adopt$ Mr. Volkman will return the docs to the Animal Shelter. The Animal Shelter along with the Animal Control Board will attempt to locate a potential adooter. MOTION CARRIED 4-0. ADJOURNMENT Donna Wacner ad10urned the meetina at 8:40om. City of Edgewater Dangerous Dog Hearing "Duo" Page 7 of7