CITY OF LYNN HAVEN
BOARD OF APPEALS HEARING
MAY 22, 2007 - 6:30 P.M.
The City Commission sat as Board of Appeals on Tuesday, May 22, 2007 at 6:30 p.m. in the Commission Meeting Room at City Hall.
Present:
Walter T. Kelley, Mayor
Frances Wittkopf, Mayor Pro Tem/Commissioner
Joseph Ashbrook, Commissioner
Antonius G. Barnes, Commissioner
Roger P. Schad, Commissioner - Participating by Phone
Charlene V. Messer, Deputy City Manager
Robert C. Jackson, City Attorney
Dennis Kiah, Assistant Chief of Police
Mayor Kelley called the meeting to order.
Motion by Commissioner Ashbrook: To allow Commissioner Schad to participate by phone.
Second to the motion: Commissioner Wittkopf.
On Vote:
Ashbrook: aye
Wittkopf: aye
Barnes: aye
Schad: aye
Kelley: aye Motion passed: 5-0
City Attorney Jackson stated that this is a quasi-judicial hearing under Lynn Haven Code; if any of the Commission has had ex-parte communication with the parties involved it should be disclosed at this time.
Barnes: No communication
Ashbrook: No communication
Wittkopf: No communication
Schad: No communication
Kelley: Communication with Staff
City Attorney Jackson swore in those people who had standing in this issue:
Ms. Evelyn Friday
Ms. Tanya Koller
Mr. Dale Koller
Animal Control Officer Ramona Bibbs
Police Captain Matt Riemer
Item #.2. Testimony by Lynn Haven Police Department regarding two female Boxer dogs residing at 2011 Brenda Circle:
Captain Riemer & Officer Bibbs presented the case to the Commission to uphold a decision made by Animal Control to declare two female Boxer dogs "dangerous" under Florida State Statute 767. Information was presented and entered into evidence that supported this claim. On October 14, 2006 a call was dispatched to 2007 Brenda Circle, Dale Koller, with a complaint that the two Boxer dogs that live at 2011 Brenda Circle had attacked his sister's Shih Tzu dog who had to be rushed to vet for treatment. On April 18, 2007 a call was dispatched to 2007 Brenda Circle, Tanya Koller, with a complaint that the two Boxer dogs that live at 2011 Brenda Circle attacked her small dog and during the attack bit her on the right top portion of her foot. Staff recommends that the Commission uphold their decision to declare the dogs "dangerous".
Item #3. Testimony from Evelyn Friday, owner of the dogs:
Ms. Evelyn Friday presented her case to the Commission and asked that information provided by her be included as evidence to the case. Ms. Friday presented pictures, letters and information from the Humane Society to support her case. Ms. Friday admitted that the Boxer's attacked the dogs in question, however, did not support the dog bite to Ms. Koller. Ms. Friday stated that the Boxer's have been micro-chipped and at least one has received formal obedience training. Ms. Friday does not believe her dogs should be declared "dangerous".
Mr. Dale Koller stated that he fears the dogs and is concerned with future incidents.
Ms. Tanya Koller stated that the dogs appear to be aggressive and is concerned for neighborhood safety.
Item #4. Discussion and possible action by Appeals Board regarding declaring the dogs dangerous per Florida State Statute 767:
The Commission reviewed the evidence presented and made the following motion:
Motion by Commissioner Barnes: To declare the two female Boxer dogs dangerous under Florida State Statute 767 indefinitely.
Second to the motion: Commissioner Wittkopf.
On Vote:
Ashbrook: aye
Wittkopf: aye
Barnes: aye
Schad: aye
Kelley: aye Motion passed: 5-0
There was no further business to discuss and the hearing was adjourned at 7:16 p.m.
APPROVED THIS 12th DAY OF JUNE 2007.
Walter T. Kelley, Mayor
ATTEST:
John B. Lynch, City Manager
Prepared by Laurie Baker
