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10-27-2005 o o CITY OF EDGEWATER ANIMAL CONTROL BOARD DANGEROUS DOG HEARINGS October 27, 2005 7:00 P.M. CITY HALL CONFERENCE ROOM MINUTES CALL TO ORDER Chairperson Donna Wagner called the Dangerous Dog hearings to order at 7:02 PM in the City Hall Conference Room. ROLL CALL Members present were: Donna Wagner, Debrah Brazzell, and Karen Mason. Also present were: Fire Chief Tracey Barlow, Board Secretary Shontella Jackson, Legal Assistant Robin Matusick, Animal Control Officer Steve Cole, and Animal Administrator Amy Carotenuto. Absent and Excused: Dr. Vanis and Elizabeth Dimascio. Witnesses Present for Mrs. Hallett: Marilyn Hallett (defendant), and Nelson Hamblin (boyfriend) of 3403 Yule Tree; Edgewater, FL. Witnesses Present against Mrs. Hallett: Joyce Hlavacek, John Hlavacek and Brittany Hlavacek of 3410 Yule Tree; Edgewater, FL. A 1S-minute recess was given so all board members could evaluate the information that was just given to them by Legal Assistant Robin Matusick. HEARING All witnesses as stated above and Steve Cole 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 raised their right hand and stated "I Do" at the conclusion of the Chairperson Wagner reading the above statement. Q o Mrs. Marilyn Hallett is the owner of the dog that resides at 3403 Yule Tree. His name is Sam. WITN ESS 1 Animal Control Officer Steve Cole gave a brief statement first. Chairwoman Wagner asked do we have a statement from the young girl or mother of exactly what happened? ACO Cole replied no, I did write down what she had told me in a telephone conversion. I was never able to see them due to work or school. Chairwoman Wagner asked when you went to get the dog, how was the dog when you took him to check on his vaccinations? ACO Cole replied when I first saw him he was okay. I had Ms. Hallett place a muzzle on him but when she released control of the leash, and I went to lift him up to put him on the truck. He did at that time act aggressive, but he had a muzzler on. Ms. Hallett stated that ACO Cole was in his yard and taking him away from me. ACO Cole stated that is true. Robin Matusick briefed Ms. Hallett on the procedure of the hearing. Chairwoman Wagner stated in the report it states this is the second bite. ACO Cole replied Ms. Hlavacek said the dog has bitten before but I was never able to find any documentation of anything happening before. Ms. Mason asked did Ms. Hallett say anything to you about the dog being aggressive? ACO Cole replied no. Ms. Brazzell stated I assume the dog was not euthanatized. ACO Cole replied no, it has completed the quarantine period and is back at the residence. Ms. Mason asked how did you find the conditions of where the dog was being kept? ACO Cole replied that he had pictures of the dog being tied in the backyard. The dog has shelter, food and water which meets all the requirements. I know the dog has been in the backyard for quite sometime, I have never seen it off its chain. Ms. Mason stated I gather there is no fencing on this property whatsoever. ACO Cole replied no. Ms. Mason asked was the dog on a chain or a rope? ACO Cole replied I believe it was a chain. I can not say for sure, I never got close enough. The times I did check on it I could see there was a bowl of water, there was food for the dog and a house to get out of the weather. Ms. Mason stated other than checking on the dog, are there any other incidents that you are aware of? ACO Cole replied no. o o Chairwoman Donna Wagner opened the floor to Ms. Hallett for any questions or comments for ACO Cole. Ms. Hallett stated that the dog had to be kept outside because his (Nelson) mother who owns the house has COPD and emphysema which she can not have any type of animal in the house. But we kept him in the garage occasionally and Nelson has taken him, once in awhile to work. We have never had a problem with him before except for barking. So we brought a bark collar to try and keep the neighbors happy. Ms. Mason stated I just have a few questions. I'm reading the officer's report Ms. Hallett and it states you told the officer that you knew the dog was aggressive. Ms. Hallett replied no, just if someone comes in the yard. He is very protective of his property. Chairwoman Wagner stated according to the police report we could not prove that he was current on his vaccination. Did we ever prove that he had been vaccinated before he bit? ACO Cole replied he had been vaccinated at Dr. Nieves and Castro's office but the vaccination was two years past due. Chairwoman Wagner asked if he was not current? Ms. Hallett stated that was my neglect. I did not get anything from the vet. I'm from California they always send me a notice when the shots were due. I just don't think about things like that. I don't remember. I don't remember to go to the doctor for myself so I let it slip. It was not intentionally. Ms. Mason stated to Ms. Hallett that the other parties are alleging this is the second time that the dog has bitten their daughter. Are you aware of the first? Ms. Hallett replied no. If that's true she never came over to the house, she never made anybody in our house aware that the dog had bitten anybody. If the child did get bitten, this is the only time that I know of that the dog has been loose, so she must have been in our yard when the child got bitten. WITN ESS 2 Brittany Hlavacek stated that she was walking her dog down out of the driveway and I got into the road. The dog came after me and then my dog was barking at it. I pulled my dog away from the dog because my dog was only a puppy and the other dog was to big for my dog to fight, so I protected my dog because I love it and don't want to lose it. The dog came after me when I was in front of my house and the dog bite me and Courtney ran in the house saying mommy Brittany just got bite. Chairwomen Wagner asked Mrs. Hlavacek apparently there has been another incident that wasn't actually report with the dog and Brittany. Mrs. Hlavacek stated that it was another neighbors dog. Chairwomen Wagner asked Brittany if she had to get some stitches and how many? Brittany Hlavacek stated that she received three stitches. Ms. Mason asked Ms. Hlavacek have you ever seen the dog running loose before? Mrs. Hlavacek stated that the o o dog was running lose at 8:30 that morning. I own a cleaning service that I run out of my home and I was walking out with one of my employees when the dog started toward her. That was the first time I ever seen that dog running loose. Ms. Mason did it have anything hanging off its collar? Mrs. Hlavacek stated it looked like a leash, like a woven type leashes and it was frayed at the bottom of it. Ms. Mason asked what time did she get bitten? Mrs. Hlavacek stated she was bitten about 5:30 that afternoon. Ms. Hallett stated she was sorry. WITN ESS 3 Ms. Mason asked Mr. Hlavacek has he every seen this dog running loose prior to the attack on his daughter? Mr. Hlavacek stated no. He has always been in the backyard on a chain, never had any kind of problems with it at all. Mr. Hlavacek stated that they are great people. They have always been nice to them and we don't want her out on the street walking her dog. She was talking to them about her new puppy and they were having a nice conversion. I just don't want her walking the street getting bit by a dog. This was the conclusion of Mrs. Hallett's hearing. BOARD HEARING After hearing the witness and evaluating the information, the Board reviewed the dangerous dog requirements defined by Florida Statutes 767. Chairwoman Wagner explained that the Board has the option to not deem the dog dangerous. Ms. Hallett stated the dog has never attached another animal. Mr. Hamblin stated that they have taken the dog someplace else, he's in Maytown. Mr. Hamblin stated he is in a fenced yard and once in a while we will bring him back over here on a leash, he will not be out anymore. Ms. Hallett stated they really feel terrible about the incident. Mr. Hamblin stated the dog was located at 3534 Maytown Road. MOTION bv Karen Mason. SECOND bv Debrah Brazzell not to deem the doa "Sam" danaerous at this time and to imoose these restrictions which are: 1) a fenced enclosed area 2)the animal only be allowed outside even on the orooertv on a leash 3) all vaccinations are uo to date 4) verification of the neuterina and 5) Animal Control Officer contact the owners to verify where the doa is beina keot. MOTION CARRIED 3-0. Chairwoman Wagner announced the decision made by the Board. ADJOURNMENT MOTION bv Karen Mason. SECOND bv Debrah Brazzell to adiourn the meetina. MOTION CARRIED 3-0. The meeting was adjourned at 7:04 pm. Next Meeting will be held on November 16, 2005 at 7 pm. .. o o CITY OF EDGEWATER ANIMAL CONTROL BOARD October 12, 2005 7:00 P.M. CITY HALL CONFERENCE ROOM MINUTES CALL TO ORDER Chairwoman Donna Wagner called the regular meeting to order at 7:05 p.m. in the City Hall Conference Room. ROLL CALL Members present were: Chairwoman Donna Wagner, Debrah Brazzell, Karen Mason and Dr. David Vanis. Also present were: Board Secretary Shontella Jackson and Fire Chief Tracey Barlow. Guest present were: Amy Carotenuto, Edgewater Animal Administrator Absent were: Elizabeth Dimascio. APPROVAL OF MINUTES MOTION bv Debrah Brazzell. SECOND bv Karen Mason to aDDrove the minutes of the SeDtember 7. 2005 meetina. MOTION CARRIED UNANIMOUSLY. NEW BUSINESS Chairwoman Donna Wagner requested that the City advertise for new applicants for the Animal Control Board. MOTION bv Karen Mason. SECOND by Debrah Brazzell to advertise for the ODen Dosition and table until the next scheduled meetina. MOTION CARRIED UNANIMOUSLY. OLD BUSINESS Fire Chief Tracey Barlow announced Amy Carotenuto official start date as November 11, 2005. We currently have an Animal Control Officer position opening. City Council and the County Council have approved the purchase of a piece of property for the animal shelter. Amy Carotenuto suggested starting a ~ City of Edgewater Animal Control Board Minutes 10/1 2/05 cash for critters program by recycling ink cartridges. discussion on the universal tag program. o o Page 2 The Board had a brief ADJOURNMENT MOTION to adjourn the meetina was made bv Debrah Brazzell, SECOND bv Dr. Vanis. The meeting was adjourned at 7:35 pm. Minutes respectfully submitted by: Shon tella Jackson Recording Secretary Next Meeting will be held on November 16, 2005 at 7 p.m.