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07-07-1997 - Regular '-' ..."., CITY COUNCIL OF EDGEWATER REGULAR MEETING JULY 7, 1997 7:00 P.M. COHHUNITY CENTER MINUTES CALL TO ORDER Mayor Jack Hayman called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Jack Hayman Councilman Danny Hatfield Councilwoman Louise Martin Councilman Michael Hays Councilman David Mitchum City Attorney Krista storey City Manager George McMahon City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Present Present Present Present Present Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE The invocation was delivered by Reverend Dr. Tee, Edgewater Union Church. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES A. Regular meeting of June 16, 1997 Councilwoman Martin made a motion to approve the June 16, 1997 minutes, second by Councilman Hatfield. The motion CARRIED 5-0. CITIZEN COHHENTS REGARDING AGENDA ITEMS ONLY COther than public hearings) There were no citizen comments at this time. CITY COUNCIL REPORTS Mayor Hayman had nothing at this time. Councilman Hatfield had nothing at this time. Councilwoman Martin had nothing at this time. Councilman Hays spoke about consolidating the Public Works area under the Engineering Department Head. Mayor Hayman would not support retaining two people of the quality and pay grade of these two individuals in one department. Mayor Hayman questioned if he was talking about the Director of Public Works. Councilman Hays informed him yes, that was the discussion we had before. Councilman Hays wanted to get the general consensus if that is still the direction they want to go as far as planning for the budget. In order to be fair to City Manager McMahon and the staff under him, it would be helpful for him to give Mr. Williams direction at this time. Councilman Mitchum had nothing at this time. ..... ...." PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. Public hearing Ordinance No. 97-0-08 Animal Control and Res. No. 97-R-17 Mayor Hayman opened the public hearing and read Ord. 97-0-08. City Attorney storey presented the background information. She elaborated on new sections and changes to the ordinance. She went on to speak about the Animal Control board. City Attorney Storey briefly spoke about Resolution No. 97-R-17 and fees and penalties. Councilman Hays presented comments regarding section 5-23 - the duties of a driver when a vehicle strikes an animal. He expressed concern regarding someone getting bit if they assist with helping the animal they hit. He questioned if it is wise to make that statement. He feels the responsibility is to report the injury or death of an animal to its owner and then report it to the Police Department or Animal Control Officer. Robin Feger, Animal Control Officer, informed Councilman Hays it would be reworded. The main reason we included this is for the people who neglect to stop. Mayor HaYman feels this is a giant step forward and something the community has needed for a long time. He thanked her and her colleagues for the work they have done. Mayor Hayman spoke about transporting dogs in vehicles and tethering them to the center of the vehicle. He feels there will be difficulty enforcing that because of the transient nature of people that come and go. There was further discussion regarding verbal warnings. Mayor HaYman questioned tethering an animal inside a car. Ms. Feger explained this is talking about open bed pickups. He feels there is a serious problem with dogs riding on the owners laps in cars. Ms. Feger explained State Statutes doesn't have anything with vehicles. Mayor HaYman expressed concern with resorting to the court system to enforce this ordinance. He suggested looking at cases that are handled to be reviewed by a board before the case goes to court just like the citizen Code Enforcement Board. Mayor HaYman will not support this ordinance in its present form. Mayor Hayman spoke about defecating and urinating on public and private property. Ms. Feger explained urination is hard to enforce but they were covering excrements. Defecation has been a real problem. Mayor Hayman has a problem with how dogs urinating on public or private property is going to be enforced. Councilwoman Martin spoke about an experience she had with a dog that was not tethered in a pickup truck. She feels this is a good idea. Councilman Hatfield questioned if the Riverwalk is considered a public park. City Attorney Storey informed him no. Councilman Hatfield spoke about Ms. Feger obtaining her qualifications through exposure. He questioned if there is training for animal control. Ms. Feger informed him yes. She informed him she has a State certification. Page -2- Council Regular Meeting July 7, 1997 '-' ....., Councilman 2 where it reworded. throughout Mitchum questioned section 5-14, section A, Paragraph states "in her discretion." He feels that should be City Attorney Storey informed him it says her the ordinance. Nancy Baker, Edgewater, stated it is not clear how many pets a person can have. She questioned breeding kennels and only being allowed to have three breeding dogs and if this covers all kennels. Ms. Feger informeQ her the breeding section has been formed for expansion of the City. Ms. Feger further elaborated on the breeders section of the ordinance. Ms. Baker presented a question regarding the amount of puppies being 20. She doesn't feel 20 puppies is enough due to bigger dogs having more puppies and this should be made more clear. Ms. Baker presented comments regarding the spay and neuter contract. She spoke about show breeders and not being able to spay or neuter a show standard dog. Ms. Feger informed Ms. Baker she had a good point. Ms. Baker feels backyard breeders need to be monitored. Mayor Hayman questioned Ms. Baker's comments regarding the amount of offspring produced per year. Councilman Hays questioned the best way to do this being to limit the number of litters per dog and strike the number of offspring. Ms. Baker agreed. Councilman Hays asked Ms. Baker if two litters per year is reasonable. Ms. Baker feels two litters per year is generous. Councilman Mitchum explained this is the residential area of the city they are talking about. If they are in the breeding business at that big a scale, they need to be in a kennel. Ms. Baker questioned how many animals someone is allowed to have. City Attorney Storey explained it is in the definition for kennel. If you have more than 4 adult animals, that is a kennel. Ferdinand Heeb, 115 N. Riverside Drive, commended City Attorney Storey, Robin Wolf, and Robin Feger for a very comprehensive and excellent amended ordinance. Mr. Heeb discussed section 5-18 - poisoning or trapping of animals. He would like to see an exception in that area to rats and mice. Ms. Feger explained when there is a more humane way and it is offered to you, she would wish they would take the alternate instead of rat traps. Mr. Heeb feels this ordinance attempts to make people be responsible for their pets. He addressed the concerns of the Mayor regarding using the court system to enforce the ordinance. Mr. Heeb referred to section 5-70 - Enforcement, paragraph D. He feels it is reasonable to require a citizen to appear in the court system under the listed circumstances. Mayor Hayman doesn't have a problem with someone who has a bad dog or a vicious dog and having to answer to the courts. Florida Statutes can take care of that situation. Mr. Heeb would hate to see an ordinance that is dramatically needed in this community die because of some minor provisions. He would like the wording worked out so this ordinance could go forward. Page -3- Council Regular Meeting July 7, 1997 ...... ..""" Mr. Heeb spoke about most of the people who walk on the Riverwalk taking responsibility for their animals. The ones who don't take responsibility of their animals create a problem for everyone else who uses that walk. He spoke about defecation in the front of his house on the Riverwalk and the defecation on his lawn. He would like to see this problem get straightened out. Mr. Heeb briefly spoke about the urination problem. He hopes Council will take action on this tonight. City Attorney storey commented on section 5-70 - Enforcement. If a citation is issued there will be a fee associated with that violation and if the individual chooses not to contest it, then they pay the fine and there is no court appearance. If they contest the citation, then they go to County court. City Attorney Storey spoke about it being a very standard practice for animal control ordinances to be enforced through the court system and not through animal control boards. Ms. Feger spoke about the animal control boards having just recently been established for dangerous dog classifications. Judith Lichter, 826 Navigators Way, spoke about dogs riding in the back of a truck concept. One of the major causes of injuries to dogs is when they are thrown side to side or thrown out of trucks. She spoke about people being more cautious with their children by not letting them ride in the back of trucks. Ms. Lichter stated the greatest problem to her with animals is the unwanted pets. She commented on charging a higher price for licensing animals that are not altered built into this and must be given due consideration. Peter Moncure, 120 N. Riverside Drive, spoke about problems he has with this ordinance. He congratulated staff on their efforts. He feels a lot of law has been creeping into the definitions in this ordinance in a lot of places. He feels the definitions should be left as definitions and refer to the ordinance in the other sections. Mr. Moncure commented on voice control only being under the definition section and nowhere else throughout the ordinance. There was discussion regarding the conflict of interest section. City Attorney Storey explained she understood Mr. Moncure's point but that is quoted in the State Statutes. Mr. Moncure feels this ordinance requires him to leash his cat, prevents him from trapping crabs and he can't trap animals without a specific license. Ms. Feger informed him if his cat does not stay on his property it needs to be leashed and that law has been in effect since 1980. Mr. Moncure stated his next door neighbor has a cat that visits the neighborhood and questioned if his neighbor would be subject to civil penalties. City Attorney Storey explained that is currently in effect and has been for years. Ms. Feger explained there has to be some tangible help for the people that want to live on their property and dig in their gardens without finding cat feces. She has to have a mechanism to do something about it. Page -4- Council Regular Meeting July 7, 1997 ~ ...., Mr. Moncure commented on the current ordinance stating if he pays $15 down and $10 per year and he has enough land he can keep horses in the city. He questioned if there is anyone that has a horse in the city. Ms. Feger informed him no. councilman Mitchum informed him zoning prohibits horses from being kept in the city. City Attorney storey explained there is a mechanism currently where you can apply to have horses in residential areas. This ordinance provides it is unlawful to have certain animals unless authorized by the Edgewater Zoning Ordinance. City Attorney storey commented on the property annexed to the west that is currently zoned agricultural under the County zoning and as part of the Comprehensive Plan process, Mr. Karet is going to bring before Council an agricultural district with the City's own regulations. City Attorney storey explained in the current ordinance there is a waiver process that would have allowed horses in the residential areas. Councilman Mitchum questioned if the loop is closed in the proposed ordinance. City Attorney storey informed him yes unless the zoning ordinance allows the farm animals. Councilman Hatfield explained why horses were allowed in the City. Mr. Moncure spoke about the definition of a breeder. He feels breeder and breeding are confused in this ordinance in several cases. Councilwoman Martin questioned having to have two acres or more in order to have a horse. Donald Masso, 317 pine Breeze Drive, questioned if a breeder has to have a City license. City Attorney storey informed him yes under this ordinance. Mr. Masso questioned it only being under this new ordinance. City Attorney storey informed him yes with no additional fee. It gives the Animal Control Officers a mechanism for tracking. Mayor Hayman spoke about Mr. Moncure's comments regarding breeding and breeder. He questioned if he has two dogs and he has family that want the puppies, does he need to have a license. city Attorney storey informed him yes, at no additional cost. Councilman Hays commented on Mayor Hayman's concerns regarding the destruction and loss of personal property. He feels there should be a limit of personal property in excess of x-amount of dollars. Mayor Hayman feels there are levels of significance and Florida statutes does take care of the other incidents. We have created an ordinance that replicates what Florida statutes does. Ms. Feger explained this was established to steer clear of the court system. Council agreed in excess of $100 would be fair. Nancy Baker, Florida Shores, stated since there will be no extra charge for a breeding license do the exceptions to vaccination requirements for breeding and kennels require her not to have her pets vaccinated. City Attorney Storey explained she is looking at a section title. Ms. Baker clarified if someone has a breeding license they are still required to have their pets vaccinated. Page -5- Council Regular Meeting July 7, 1997 ~ ~ Mayor Hayman closed the public hearing. Councilman Hays made a motion to approve Ord, 97-0-08 with the changes and recommendations made. Councilman Hatfield suggested listing the changes and make sure Council agreed. Councilman Hays listed his concerns regarding section 5-23 - the duties of a driver when a vehicle strikes an animal. He feels it shall read will report such injury or death to the animal's owner, in the event the owner is unknown or cannot be located, the motor vehicle operator shall report the accident to an Animal Control Officer or the Police Department. Councilman Hays spoke of Mayor Hayman's concern regarding the damage of personal property to exceed $100. City Attorney Storey spoke about striking the language on the 20 offspring and allowing one litter per animal per year with a maximum of two litters per year. Councilman Hatfield questioned striking urinating in section 5- 12. city Attorney Storey questioned Mr. Heeb's concern regarding trapping rats and mice. She questioned Ms. Feger if they should contact animal control regarding the disposal of the animal or if they should allow the trapper to dispose of the animal. Ms. Feger suggested including with the exclusion of rats and mice. Councilman Mitchum questioned crab traps. He read the definition of animal in the proposed ordinance. City Attorney Storey explained the initial intent of the ordinance is to be very broad so Ms. Feger can address some of the problem areas. There was further discussion regarding trapping crabs. Councilman Mitchum agreed with Ms. Feger on a lot of the issues regarding there being a mechanism to enforce what needs to be enforced. Council agreed on the proposed changes. Councilwoman Martin seconded the motion. The motion CARRIED 5-0. Mayor Hayman read Res. 97-R-17. City Attorney Storey made a brief staff presentation regarding fees and what is included in Res. 97-R-17. Mayor Hayman spoke about unsterilized animals and having to pay more for them. Councilman Mitchum agreed with Mayor Hayman and feels there should be a $5 license fee. Mayor Hayman would like to see the City try it for $5 for one year and then discuss it once Ms. Feger has statistics. Councilman Hatfield made a motion to approve Res. 97-R-17 with the exclusion of section 5-31 paragraph B Item D for a one year period to be revisited in one year. Mayor Hayman has no problem with the dangerous dog section. Councilman Mitchum seconded the motion. The motion CARRIED 5-0. Page -6- Council Regular Meeting July 7, 1997 . ' ...... ....., There was a five-minute recess at this time. B. Public hearing Ordinance No. 97-0-10 Adding limited aquaculture as permitted use in the 1-1, 1-2, 1-3 and PID districts Mayor Hayman presented the background information and read Ord. 97-0-10. Mayor Hayman opened the public hearing. City Attorney storey informed Council she is available to answer any questions. Earl Wallace, 1927 Guava Drive, representative for Charles Wheaton, spoke in support of this request. Mayor Hayman closed the public hearing. Councilman Hays made a motion to approve Ord. 97-0-10, second by Councilman Mitchum. The motion CARRIED 5-0. CONSENT AGENDA A. Satisfaction of false alarm lien B. Change in designated voting delegate at Florida League of cities Annual Convention August 21-23. 1997 Councilman Hatfield made a motion to approve the Consent Agenda, second by Councilman Hays. The motion CARRIED 5-0. OTHER BUSINESS A. Wastewater treatment plant reclaimed water system improvements Change Order No. 001 utilities Director Terry Wadsworth made a presentation regarding Change Order No. 001. He recommended approval. Councilman Hatfield questioned the reason for not going out for bid. Mr. Wadsworth elaborated on Councilman Hatfield's concern. Councilman Hatfield moved for approval, second by Councilwoman Martin. The motion CARRIED 5-0. B. Release of Edgewater Landings Subdivision Bonds - Phase III maintenance bond and Phase 1 paving bond City Attorney Storey explained at this time because of some issues with the paving, City Engineer Fegley has requested Council table the Phase I paving bond until the next meeting. He is meeting with Halifax Paving in Edgewater Landings tomorrow and hopes to resolve some of those outstanding issues. She asked to withdraw this from the Council's consideration. city Attorney Storey further commented on the Phase III maintenance bond. City Engineer Fegley recommends the release of the maintenance bond at this time. councilwoman Martin made a motion to release the Phase III maintenance bond and table the Phase 1 paving bond until the next meeting, second by Councilman Hays. The motion CARRIED 5-0. c. APpointment to citizen Code Enforcement Board due to expiration of term of Maureen Borner, who requests reappointment Councilman Hays made a motion to reappoint Maureen Borner, second by Councilman Hatfield. The motion CARRIED 5-0. Page -7- Council Regular Meeting July 7, 1997 D. Appointment to~conomic Development Board~e to expiration of term of Richard S. Jones, who requests reappointment Councilman Hatfield made a motion to reappoint Richard Jones, second by Councilman Hays. The motion CARRIED 5-0. E. Appointment to Parks and Recreation Board due to expiration of term of Thomas Tipton, Jr., who requests reappointment Councilman Hays made a motion to reappoint Thomas Tipton, Jr., second by Councilman Hatfield. The motion CARRIED 5-0. F. Appointment of representative to Volusia Council of Governments and Metropolitan Planning Organization boards Councilman Hays made a motion to appoint Councilwoman Martin to VCOG and MPO, second by Councilman Mitchum. He would like City Engineer Fegley or Community Development Director Mark Karet to attend these meetings with Councilwoman Martin. City Manager McMahon stated anyone of the three of them would be there to attend. Mayor Hayman stated Mr. Karet is already on the MPO Technical Board. The motion CARRIED 5-0. GENERAL CITIZEN COMMENTS/CORRESPONDENCE There were no citizen comments at this time. OFFICER REPORTS city Clerk Wadsworth informed Council qualifying starts on July 14th - July 25th from 8:00 a.m. to 4:30 p.m. Mayor Hayman spoke about correspondence he received from Congressman Mica regarding getting $3 million in some federal highway moneys for Votran. Dominic Capria, 606 Topside Circle, spoke about the releasing of the Edgewater Landings Bonds. He was disappointed to find out there is a $32,000 bond on Phase I but none on Phase II. He asked what the bond is on Phase I. City Attorney storey informed him the paving bond is $32,000 and the maintenance bond is $34,500. Dick Jones, 1530 Sabal Palm Drive, spoke about animal control. He informed Council of a check the EDB will receive for $3,000 from Walmart toward their brochures. Mike Visconti, 316 pine Breeze Drive, informed Council the fountain should be done by July 27th. He is trying to make a program for the dedication date. He spoke of activities he is planning on having at the dedication ceremony. city Manager McMahon stated the proposed tentative millage rate is going to be 6.44 which is below the existing millage rate and below the roll back rate. He asked for Council's consensus in submitting this as the highest millage rate. city Clerk Wadsworth had nothing at this time. City Attorney Krista storey had nothing at this time. Councilman Mitchum moved for approval, second by Councilwoman Martin. The motion CARRIED 4-1. Mayor Hayman voted NO. ADJOURNMENT There being no further business to discuss, Councilman Hatfield moved to adjourn. The meeting adjourned at 8:50 p.m. Minutes submitted by: Lisa Kruckmeyer Page -8- Council Regular Meeting July 7, 1997