03-02-2025Thursday, March 2, 2023
City of Edgewater
Meeting Minutes - Final
Enforcement/Special Magistrate
2:00 PM
104 N. Riverside Drive
Edgewater, FL 32132
Council Chambers
We respectfully request that all electronic devices are set for no audible notification.
1. CALL TO ORDER, ROLL CALL
Special Magistrate Jacob Schumer called the meeting to order at 2: 00 pm.
2. APPROVAL OF MINUTES
Special Magistrate Jacob Schumer approved the minutes of February 9, 2023 meeting.
3. PURPOSE/PROCESS OPENING STATEMENT
None at this time.
4. SWEARING IN OF WITNESS(ES)
The following individuals were sworn in: Rex Manning of 2322 Umbrella Tree Dr. Edgewater, FL;
Emily Schwab witness in Dangerous Dog Hearing; Jordan Wallace father of victim in Dangerous
Dog Hearing; Perry McCartney dog owner in Dangerous Dog Hearing; Edgewater Police Officer
Parker Sweeney; Animal Control Officer Denis ODell; and Code Enforcement Officer Kevin Pogany.
5. DISCLOSURE OF EX PARTE
Received un-redacted information for Dangerous Dog Hearing.
6. DANGEROUS DOG HEARING
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Code Enforcement/Special Meeting Minutes - Final March 2, 2023
Magistrate
a. ACO Case #:230100182
Dangerous Dog Hearing "Blitz"
Attachments: Dangerous Dog Case - Blitz Redacted
Perry McCartney's representative Marcy LaHart PA stated that Mr. McCartney disputes the
Dangerous Dog classification.
Officer Parker Sweeney gave Testimony. That he responded to the scene after the minor child was
already taken to the hospital. He stated that he spoke with all parties involved, and obtained a
witness statements.
Animal Control Officer Denis ODell gave a statement that included the classification of deeming the
dog dangerous based on the City Ordinance and State Law definitions of Dangerous Dog after
reviewing the evidence. Perry McCartney's representative Marcy LaHart PA questioned ACO ODell
on why he didn't question Mr. McCartney, and on the attack was aggressive or not, and on Animal
Laws and City Ordinances. A photo of the lateral wounds was labeled as Exhibit A to set it apart
from the other photos. The letter to Mr. McCartney advised him of the Final Determination of the
Dangerous Dog Classification was labeled Exhibit Response 1.
Emily Schwab gave testimony to what she witnessed in the attack, and trying to get the minor child
to the home.
Jordan Wallace gave testimony of how the situation was handled once Emily Schwab brought the
minor child to the house, and the medical attention that was required due to the severity of the
injuries.
Dangerous Dog hearing was recessed from 2: 56 pm to 3: 00 pin so Perry McCartney and his
representative Marcy LaHart could speak in private.
Perry McCartney gave testimony, of the training/breeding of the animal, and the event of the attack.
Special Magistrate Schumer reviewed the dangerous dog requirements defined by Florida Statues
767 and City Ordinance 5-6 to upholding the Dangerous Dog Classification.
7. COMPLIANCE
a. Case #:23-118751 A
Citation #: 5233 (Hazelwood)
Waicus Joseph & Victoria - 27 Silver Cir.
Sec. 21-36.09 Swimming Pool Fence
Attachments: 23-118751
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Magistrate
b. Case #:23-118751 B
Citation #: 5233 (Hazelwood)
Waicus Joseph & Victoria - 27 Silver Cir.
Sec. 10-207 Accessory Structures
Attachments: 23-118751
C. Case #:23-118758 A
Citation #: 5255 (Pogany)
Mark Andrew & Kimberly Anne Dickerson - 3020 India Palm Dr.
Sec. 10-5 Nuisance Generally
Attachments: 23-118758
d. Case #:23-118758 B
Citation #: 5255 (Pogany)
Mark Andrew & Kimberly Anne Dickerson - 3020 India Palm Dr.
Sec. 10-84 Parking Easement
Attachments: 23-118758
C. Case #: 23-118642
Citation #: 5233 (Hazelwood)
HPA III Acquisitions LLC - 3307 Pine Tree Dr.
Sec. 10-121 Trailer Storage
Attachments: 23-118642
8. NEW BUSINESS - PUBLIC HEARING
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d. Case #: 23-118749
Citation #: 5254 (Pogany)
Rex H & Lana J Manning - 2322 Umbrella Tree Dr.
Sec. 21-53.02 Permit Authority
Attachments: 23-118749
Rex Manning admitted that the property was in violation and requested an extension due to the
situation being out of his control. The City will not issue the permit until the Volusia County Property
Appraiser combines his lots. Special Magistrate Schumer gave Mr. Manning until March 27, 2023 to
come into compliance.
Special Magistrate Jacob Schumer reviewed the below cases and concluded after reviewing the cases
that no one was present for the read cases. Pursuant to Section 10-348 and 10-345 subparagraph
Cll of the Code of Ordinance and the statement that appears on the respective citation issued that
failure to appear at the hearing means the alleged violator has waived any right to contest the
violations) and that an order can be made for the maximum applicable penalties that include but are
not limited to administrative costs, fines, daily fines and liens. Special Magistrate Jacob Schumer
finds the below properties in violation of the said Section(s) and orders the staff recommendations.
a. Case #: 23-118557
Citation #: 5252 (Pogany)
Edgewater Terrace lnc. - 321 Three Oaks Dr.
Sec. 10-80 Outdoor Storage Residential
Attachments: 23-118557
b. Case # 23-118621
Citation #: 5251 (Pogany)
Schuldt Barbara A TR Barbara Schuldt Living Trust - 1519 Travelers Palm Dr.
Sec. 10-121 Trailer Storage
Attachments: 23-118621
9. ADJOURN
The meeting adjourned at 3:14 pm.
Minutes Respectfully submitted by Kathleen Capetillo
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Magistrate
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any
matter considered at a meeting or hearing, that individual will need a record of the proceedings and
will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or
provide such record.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any
of these proceedings should contact City Clerk Bonnie Zlotnik, CMC, 104 N. Riverside Drive,
Edgewater, Florida, telephone number 386-424-2400 x 1101, 5 days prior to the meeting date. If'you
are hearing or voice impaired, contact the relay operator at 1-800-955-8771 One or more members of
City Council or other advisory boards may be present
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