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HomeMy WebLinkAbout08142013 Minutesc� MY OF .7� N a--- up HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, AUGUST 14, 2013 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor McPartlan called the meeting to order at 6:30 p.m. 2. Invocation was given by Pastor Joe Maldonado, Lakeside Fellowship Church. 3. The Pledge of Allegiance was led by Council Member Jerome Adams. 4. ROLL CALL City Council Present: Mayor Bob McPartlan Vice -Mayor Don Wright Council Member Jerome Adams Council Member Andrea Coy Council Member Jim Hill City Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Administrative Services Director, Debra Krueger Community Development Planner, Dorri Bosworth Parks Supervisor, Chris McCarthy Deputy Police Chief, Greg Witt MIS Senior Systems Analyst, Barbara Brooke -Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Mr. Adams requested removal of consent agenda item 7 C for discussion. Regular City Council Meeting August 14, 2013 Page Two 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. Brief Announcements Mr. Adams announced the Burlington job fair at the St. Lucie Community Center on August 20th and 21St, and the Martin Health Service job fair on August 21St at the Port St. Lucie Civic Center. Mayor McPartlan announced the Monday, August 19, 2013 Special Meeting/Workshop on the Fiscal Year 2014 Budget at 6 pm, and said the official City candidate qualifying period for the November 5, 2013 General Election for three Council seats takes place Thursday, August 22, 2013 through Friday, September 6, 2013. 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he /she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. A. Approval of Minutes — July 24, 2013 Regular Meeting 13.007 B. Request for Sebastian River Area Chamber of Commerce Candidate Forum — October 29, 2013 (City Clerk Transmittal) 13.110 C. Waive Competitive Bid Procedures and Authorize Renewal of Property, Casualty, Liability and Workers' Compensation Insurance Contract with Florida League of Cities for Additional Five Year Term Subject to Acceptable Rates (Administrative Services Transmittal, FMIT Proposal) 13.111 D. Approve Road Closures for American Cancer Society Great Strides Walk on October 19, 2013 — IR Drive from Coolidge South to Southern City Limit, Sebastian Blvd from East of Hess to IR Drive and Harrison Parking Entrance to IR Drive 8:30 am to Noon (Parks Transmittal, Park Use Permit Application, Aerial Map with Route) Mayor McPartlan clarified item D is Making Strides Against Breast Cancer MOTION by Mr. Hill, and SECOND by Ms. Coy to approve items A, B and D. Roll Call: Ayes: McPartlan, Wright, Adams, Coy, Hill Nays: None Passed 5 -0 Item C - Insurance Mr. Adams asked if we would have received the $31 K return of premium if we had not renewed and the Administrative Services Director said those funds are from the previous year and we would not if we don't renew. Mr. Adams asked if this was legal and the City Manager responded it is a credit that is typical with group insurance. The Administrative Services Director said the last time we did an RFP was FY 2011, and if we get no acceptable rates we go with an RFP. 0 Regular City Council Meeting August 14, 2013 Page Two MOTION by Ms. Coy and SECOND by Mr. Adams to approve item C. Roll Call: Ayes: Wright, Adams, Coy, Hill, McPartlan Nays: None Passed 5 -0 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. Mr. Adams reported on last week's Treasure Coast Council of Local Governments meeting where it was reported that June unemployment was up to 11 % though this was a typical seasonal effect, and Workforce Solutions name had been changed to Career Source Florida. 9. PUBLIC HEARINGS 13.107 11645 Old Dixie Highway —Annexation, Small Scale Comprehensive Land Use Amendment, Zoning Mayor McPartlan opened the hearing and announced that the hearings would be conducted for each of the properties' annexation, land use and zoning as a group followed by separate motions on each. The City Attorney then read the titles for items A, B, and C, Ordinance Nos. 0- 13 -04, 0 -13 -05 and 0- 13 -06. A. Second Reading and Public Hearing - Ordinance No. 0 -13 -04 - Annexation — 11465 Old Dixie — Schedule Second Reading and Public Hearing for August 14, 2013 (CDD Transmittal, 0- 13 -04, Letter of Request, Staff Report, Chapter 171.044 FS, Letter to IR Commission) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 2.45 ACRES, MORE OR LESS, LOCATED AT 11465 OLD DIXIE HIGHWAY AND LYING WEST OF THE F.E.C. RAILROAD; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. (15' reading 7/10/13, Advertised 7/30 and 8/6/13, Letter to IRC Commission 7/19/13, PH 8/14/13) B. Second Reading and Public Hearing - Ordinance No. 0 -13 -05 — Small Scale Comprehensive Land Use Plan Amendment Land Use — 11465 Old Dixie — (CDD Transmittal, 0- 13 -05, P & Z Minutes, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF INDUSTRIAL (IND) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION OF LOW - DENSITY RESIDENTIAL, UP TO 6 UNITS PER ACRE (L -2) FOR LAND CONSISTING OF 2.45 ACRES, MORE OR LESS, LOCATED AT 11465 OLD DIXIE HIGHWAY AND LYING WEST OF THE F.E.C. RAILROAD; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. (1s` reading 7/10/13, Advertised 7/30/13, PH 8/14/13) C. Second Reading and Public Hearinq - Ordinance No. 0 -13 -06 - Rezoning —11465 Old Dixie — (CDD Transmittal, 0- 13 -06, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF INDUSTRIAL (IN) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION OF RESIDENTIAL MULTI - FAMILY, UP TO 6 UNITS PER ACRE (RM -6) FOR LAND CONSISTING OF 2.45 ACRES, MORE OR LESS, LOCATED AT 11465 OLD DIXIE HIGHWAY AND LYING WEST OF THE F.E.C. RAILROAD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (15t reading 7/10/13, Advertised 7/30/13, PH 8/14/13) Regular City Council Meeting August 14, 2013 Page Four No members of City Council had ex -parte communications to disclose and the City Clerk swore in all who intended to provide testimony. The City Manager provided a brief presentation on the request to annex, and change land use and zoning to industrial use, with intent for a mango tree farm and possible future winery. There were no questions from Council. Tom Saam, applicant, thanked Council for the opportunity to move forward on his venture. Mayor McPartlan opened the floor for those in favor. Tim Freeman, current property owner, said the property was in his family since the 1940's and looks forward to the sale and future use. Mayor McPartlan opened the floor to those opposed Ben Hocker, Sebastian said he had questions only. He noted the applicant couldn't get the zoning from Indian River County so he petitioned the City for annexation, asked if the City was paying the costs for the annexation or is the applicant, and whether changing the use to agricultural would reduce tax base. The City Manager responded that the County was okay with the zoning but it is primarily County RM -6 in that area, so they suggested he come to the City since we do have industrial classification in that area, said the applicant was paying the costs, and the City was making an effort to be business friendly. Ms. Coy reiterated the applicant was paying the annexation costs, and that the property would not be agricultural but rather industrial, and we haven't given anything away. Mr. Wright said City of Sebastian industrial zoning is substantially much less broad than County industrial, there are residential properties nearby, and the initial plan to plant trees and a possible winery is certainly not objectionable, and residents need not worry about the City approving a massive industrial project. MOTION by Mr. Hill and SECOND by Ms. Coy to approve Ordinance No. 0- 13 -04. Roll Call: Ayes: Adams, Coy, Hill, McPartlan, Wright Nays: None Passed: 5 -0 MOTION by Mr. Hill and SECOND by Mr. Adams to approve Ordinance No. 0- 13 -05. Roll Call: Ayes: Coy, Hill, McPartlan, Wright, Adams Nays: None Passed: 5 -0 MOTION by Mr. Hill and SECOND by Ms. Coy to approve Ordinance No. 0- 13 -06. Roll Call: Ayes: Hill, McPartlan, Wright, Adams, Coy Nays: None Passed: 5 -0 11 Regular City Council Meeting August 14, 2013 Page Five 13.080 12900 US 1 - City Owned Property Intended for Cemetery Expansion — Annexation, Small Scale Comprehensive Land Use - Amendment, Zoning Mayor McPartlan opened the hearing and announced the same procedure would be followed for the hearings for each of the properties' annexation, land use and zoning, followed by separate motions on each. The City Attorney then read the titles for items D, E and F, Ordinance Nos. 0- 13 -07, 0 -13 -08 and 0- 13 -09. D. Second Reading and Public Hearing - Ordinance No. 0 -13 -07 - Annexation — City Owned Property Intended for Cemetery Expansion (CDD Transmittal, 0- 13 -07, Letter of Request, Staff Report, Chapter 171.044 FS, Letter to IRC Commission) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 1.43 ACRES, MORE OR LESS, LOCATED AT 12900 U.S. 1 AND LYING ADJACENT TO AND NORTH OF THE SEBASTIAN CEMETERY; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. (1s` reading 7/24/13, Advertised 7/30 and 8/6/13, Letter to IRC Commission 7/19/13, PH 8/14/13) E. Second Reading and Public Hearing - Ordinance No. 0 -13 -08 — Small Scale 85 -98 Comprehensive Land Use Plan Amendment — City Owned Property Intended for Cemetery Expansion — (CDD Transmittal, 0- 13 -08, P & Z Minutes, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF INSTITUTIONAL (INS) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION OF RESIDENTIAL, UP TO 8 UNITS PER ACRE (M -1) FOR LAND CONSISTING OF 1.43 ACRES, MORE OR LESS, LOCATED AT 12900 U.S. 1 AND LYING ADJACENT TO AND NORTH OF THE SEBASTIAN CEMETERY; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (15t reading 7/24/13, Advertised 7/30, PH 8/14/13) F. Second Reading and Public Hearing - Ordinance No. 0 -13 -09 — Rezoning — City 99 -109 Owned Property Intended for Cemetery Expansion (CDD Transmittal, 0- 13 -09, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PUBLIC SERVICE (PS) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION OF RESIDENTIAL MULTI - FAMILY, UP TO 6 UNITS PER ACRE (RM -6) FOR LAND CONSISTING OF 1.43 ACRES, MORE OR LESS, LOCATED AT 12900 U.S. 1 AND LYING ADJACENT TO AND NORTH OF THE SEBASTIAN CEMETERY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (15t reading 7/24/13, Advertised 7/30, PH 8/14/13) No members of City Council had ex -parte communications to disclose and the City Clerk swore in all who intended to provide testimony. The City Manager said the City was the petitioner on this annexation and noted the 1.5 acre property north of the cemetery was purchased for cemetery expansion. There were no questions from Council. Mayor McPartlan opened the floor for those in favor and there was no input. Mayor McPartlan opened the floor to those opposed. 5 Regular City Council Meeting August 14, 2013 Page Six Barbara Banfield, said she owns property near the cemetery, and asked why the City would consider industrial zoning next to residential. Ms. Coy responded to her the INS land use is Institutional not Industrial. The City Manager further explained that the City purchased the property recently for cemetery expansion and this is procedural, it is being considered for annexation into the City, and it will need City land use to institutional and zoning designation of public service for cemetery use, noting it is currently commercial under County zoning. Mrs. Banfield asked if the City ever considers changing the use of the property, that neighbors be notified. Ms. Coy said she had spoken to Mrs. Banfield several times on the phone and it was nice to meet her in person. Mrs. Banfield said she was pleased with the appearance of the cemetery and said the men there run a beautiful ship and everything runs like clockwork. MOTION by Ms. Coy and SECOND by Mr. Wright to approve Ordinance No. 0- 13 -07. Roll Call: Ayes: McPartlan, Wright, Adams, Coy, Hill, Nays: None Passed: 5 -0 MOTION by Ms. Coy and SECOND by Mr. Wright to approve Ordinance No. 0- 13 -08. Roll Call: Ayes: Wright, Adams, Coy, Hill, McPartlan Nays: None Passed: 5 -0 MOTION by Mr. Adams and SECOND by Mr. Wright to approve Ordinance No. 0- 13 -09. Roll Call: Ayes: Adams, Coy, Hill, McPartlan, Wright Nays: None Passed: 5 -0 10. UNFINISHED BUSINESS - None 11. PUBLIC INPUT Richard Gillmor, Sebastian, said there are foreclosed houses in Sebastian that are in terrible states of disrepair, he has been reviewing our Code and described the lengthy procedure required to get someone to come in to compliance through Code Enforcement. He provided photos of a foreclosed house across the street from him (see attached), said he had spoken to the City Manager and that Port St. Lucie recently enacted a stronger nuisance code to address the problems they were having to shorten the enforcement process, and suggested perhaps we need to craft something stronger. He also suggested coming up with a Spiff Up Sebastian weekend where neighbors help neighbors fix things up and waive permit fees to do so, and maybe hold a huge garage sale in Riverview Park. Mayor McPartlan said there is a National Day of Service and said Pastor Maldonado and Lakeside Fellowship Church planted trees at the Cemetery. G Regular City Council Meeting August 14, 2013 Page Seven 12. NEW BUSINESS 13.112 A. David Kurland, General Manager & COO, Captain Hiram's - Application and Briefing on Captain Hiram's River Challenge Triathlon — Approve and Direct City Manager to Effect Necessary City Support for the Event Community Development Director Transmittal, Correspondence, Application, Routes) Mr. Kurland introduced fellow applicant Will Collins, and addressed City Council on a request for a triathlon event on November 17th from 8 am to 11 am at Captain Hiram's along with a Save the River group to bring awareness to environmental issues occurring in the Indian River Lagoon, initially a planned two day event changed to one day, with profits from the event proceeds to go to CCA, ORCA, and ELC with an anticipated 300 attendees and numerous volunteers along route, asked that the City become a sponsor, waive any permit fees, oversee the event race course and grant use of City parking lot on Indian River Drive on the day of the race. He said approval has been given by the IRC Sheriff's Office for the intended route. Will Collins said this is a great opportunity for the City to support and get out in front of an issue for the sustained success of our town, since we are reliant on our waterway, said they anticipate 300 people from around the State who will stay, eat and shop in Sebastian and we can showcase our City. He said they will speak to other businesses along the route to see how we can come together on this. He asked for use of the parking lot on Indian River Drive on the day of the event for volunteer parking and participants can use Hiram's lot. He then displayed the intended swim, run and bike routes. In response to Mayor McPartlan, Mr. Collins said they had planned a two day event with a more informational event on Saturday, but decided to move it to just the race on Sunday for this first event. Mayor McPartlan said he thinks he would try it and it sounds like a great event. Ms. Coy said she thinks it is a great idea and was hoping there would be some educational events and asked how we can bring others in to know the main idea was the problem with the lagoon and get attention to provide solutions. Mr. Collins said he and his friends were organizing a Save the Lagoon rally at Riverside Park in Vero Beach on August 24th regarding the lagoon and they could use that event to generate local traffic amongst all of us. Ms. Coy asked about people swimming in the lagoon and Mr. Collins said lagoon conditions would be better and safer in November. Ms. Coy said this may not bring in much funding for the groups based on number of participants. Mr. Collins said the entry fee profits would go to the three organizations previously noted, that they would promote the event heavily and would also be asking for donations. Mayor McPartlan said triathlons are a big thing, and this is an excellent location, and the thing is to raise the awareness, and more funds may come later. Ms. Coy said they have a great idea, offered her help to make it better if they need it. 7 Regular City Council Meeting August 14, 2013 Page Eight In response to Mr. Adams, Mr. Collins said CCA is the Coastal Conservation Association Mr. Adams said it sounds like a good event but was concerned about the City being a sponsor and asked what cost would be involved for putting up barricades, traffic control and cleanup and was not sure the City should bear all that cost. The City Manager said he was not in on the discussions when this came forward, but based on police patrol and cleanup costs for the three day clambake overtime of $16 -20K, this one day should no more than $5K. Mr. Collins said they plan to bring in volunteers and take care of cleanup of their own areas. In response to Mr. Wright, the City Manager said there was no conflict with other events and this would take place the weekend after the Clambake. Mr. Wright said it looked like a great event and with the lagoon issue being a very long term project, they may be doing this year after year, and if it goes well, we could look at entering into a contract such as the City does with other events the City sponsors. Mr. Hill said he was looking forward to the event and was glad to see Hiram's stepping up for the lagoon, and requested that other businesses along Indian River Drive be informed about the event. The City Manager requested a motion for the record. MOTION by Mr. Wright and SECOND by Mayor McPartlan to approve the First Annual Captain Hiram's River Challenge. Richard Gillmor said this was a great idea, and said maybe other organizations can help boost up the fundraising for this, suggested on behalf of himself and another former Art Club President, that since the Sebastian River Art Club will have an event in Riverview Park the day before on November 16th, with the approval of their board, maybe they can piggyback and give a portion of their proceeds to the lagoon organizations. Ms. Coy said this is what is great about Sebastian, that people help each other out. John Tenerowicz, Chairman of the Parks and Recreation Committee and Police Volunteer, said it is a good idea, stating that the Committee had recently approved a bike route and he had not yet seen the intended routes. He was given a copy of the three routes which were submitted. Ben Hocker, Sebastian, said we have one patrol boat and inquired about the safety factors and emergency medical support will be there, asked which parking lot was being requested and what will happen to boat launching parking in the area of Riverview Park. Will Collins said they will have medical staff on hand and people patrolling the race course in kayaks. Ms. Coy said they are not using Riverview Park for the event, it begins and ends at Captain Hiram's. Regular City Council Meeting August 14, 2013 Page Nine Mr. Wright said the boat launch area near the Chamber may have to be closed for a short period but not the southern ramp. He said on Sunday there is limited boat traffic for the Fisherman's Landing so maybe that can be available to them. Roll Call: Ayes: Coy, Hill, McPartlan, Wright, Adams Nays: None Passed 5 -0 13.113 B. Employee Insurance Coverage 1) Renew Employee Group Medical with Florida Blue for One Year 2) Award Employee Group Dental to Florida Combined Life for One Year 3) Employee Group Vision to Davis Vision for Two Years 4) Renew Employee Assistance Program (EAP) to MHNet for One Year (Administrative Services Transmittal, Gehring Group Evaluation, Employee Benefits Executive Summary) Christian Bergstrom, Gehring Group, briefly addressed Council, noting the City's claims experience has improved which was a help in renegotiating the renewal with Florida Blue and returning to Florida Blue for dental reduced the anticipated increase from 9.4% to 4.6 %; and said the reserves in the health reimbursement account implemented this past year is able to fund the entire increase. In response to Mr. Wright, Mr. Bergstrom said if the reimbursement account program continues to be successful it could have a favorable effect on future medical costs in the future. MOTION by Mr. Wright and SECOND by Ms. Coy to approve renewal of employee insurance coverage numbers 1, 2, 3 and 4 as recommended. Roll Call: Ayes: Hill, McPartlan, Wright, Adams, Coy Nays: None Passed: 5 -0 13.114 C. Consider Council Meeting Schedules for November and December (City Clerk Transmittal, Calendars) The City Clerk noted this year the City Council's second regular meetings for November and December fall on the night before Thanksgiving and on Christmas Day. MOTION by Mr. Hill and SECOND by Ms. Coy to cancel the November 27th and December 25th meetings and if we need to meet, staff or a member of Council can request a special meeting at any time. Ms. Coy asked if Council would consider changing the December meeting to the 4th since she will not be able to attend December 11th. Following some discussion it was decided to leave it as stated in the motion. Roll Call: Ayes: McPartlan, Wright, Adams, Coy, Hill Nays: None Passed: 5 -0 13. CITY ATTORNEY MATTERS The City Attorney reported that in keeping with Council's authority for him to seek special counsel on the Working Waterfront litigation, he had engaged the services of Vocelle and Berg, in Vero Beach, who were very familiar with public entity issues, and that on August 2nd a motion to dismiss was filed with the courts. so Regular City Council Meeting August 14, 2013 Page Ten 14. CITY MANAGER MATTERS — None 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Mayor McPartlan Mayor McPartlan asked if any member of Council had any recommendations to him as representative on the resolutions committee during the FLC Annual Conference and there were none. B. Vice Mavor Wriaht Mr. Wright said that he followed up with St Johns, which has reported they conducted tests on the coffee colored water currently in the Indian River Lagoon in our region, and verified there is nothing toxic and it is being caused by sediment stirred up by the rains, which in itself is problematic since it blocks the sunlight and impedes growth of seagrass. Mr. Adams reported that there will be a Senate Select Committee meeting on August 22nd in at the Charles and Rae Kane Center in Stuart from 1 to 9 pm on the Indian River Lagoon. Mr. Wright said this is primarily being held regarding the Lake Okeechobee discharges and cited photographs sent by Mayor Jacqui Thurlow - Lippisch of the algae line showing in the Sewall's Point area coming out of the St. Lucie River and said it would be interesting to get some pictures in this area showing the demarcation line. Mr. Adams said the meeting would still have some relevance and it would not hurt to go and participate. D. Council Member Co Ms. Coy said Mr. Gillmor made a good point on the condition of foreclosed houses, that she has been getting phone calls on the issue, and had the issue in her neighborhood and liked the idea that if we write our ordinances properly maybe it would not be a 60 day enforcement process. The City Attorney said he had looked at the St. Lucie ordinances, said we follow State law and they have enacted ordinances that are different from State law, if ours are challenged we are in good shape and our liens will and have been sustained. He said they have a situation where they automatically put certain properties into Special Taxing Districts. Ms. Coy said she just wants to get the grass mowed. The City Attorney said there are two issues, getting the grass mowed and then getting the mowing costs back, and it is the second issue he is addressing because you are entering private property which requires notice which can be ignored. He said we provide notice and it should not take 60 days. Ms. Coy said in foreclosures, sometimes the bank name does not go on the record and the owner's name still appears. He said there are some things we can do and he can look at that if it is a serious problem in Sebastian. 10 Regular City Council Meeting August 14, 2013 Page Ten Mr. Wright asked if we could tighten up our procedures, while being careful with private property owner rights, and follow up more on a regular basis, it could satisfy most of the concerns. The City Manager said we don't have a procedural issue, there are three employees, one being the secretary and two officers. He said the complaint they got recently was a blip, where the complainant was cutting the front lawn, and then stopped, and complained, so it kind of fooled our guys. He said Code Enforcement does a good job, and the procedural problem is that it is the law, and perhaps we need another officer and that would be a budgetary issue. Mr. Wright suggested putting a notice on Channel 25. The City Manager said we get the calls and people know where to call. E. Council Member Hill - None 17. Being no further business, Mayor McPartlan adjourned the Regular Meeting at 7:45 pm. Approved at the August 28, 2013 Regular Council Meeting. By: -ter Bob McPa n, Mayor Attest: Sally A. Maio, C, City Clerk 11 .. . >. /� - ..r�w.. . . a} All i