HomeMy WebLinkAbout09021998City of Sebastian
1225 Main Street
Sebastian~ Florida $2955
CITY COUNCIL
AGENDA PACKET
SPECIAL MEETING
FOLLOWED BY
WORKSHOP
WEDNESDAY, SEPTEMBER 2, 1998 - 7 PM
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
'SPECIAL MEETING
WEDNESDAY, SEPTEMBER 2, 1998 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF TIlE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA
No public input is allowed at a Special Meeting unless approved by majority vote of City Council at the beginning of the Special Meetmg
(in accordance with R-9 7-21)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCI~
3. ROLL CALL
4. SPECIAL MEETING ITEMS
98. t58 A. Hearing in Accordance with Code of Ordinances Section 2-172 Regarding Consideration of Board
Member Removal (Hearing Letters, Section 2-172, Application)
5. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY 3/I,4 TTER CONSIDERED
AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH TtlE APPEAL
IS TO BE HEARD. (286.0105F. S.)
IN COMPLIANCE WITH THE AMERICANS IVITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOM~[ODATION FOR
THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT $89-5330 A T LEAST 48 HOURS IN ADIZANCE OF TII1S MEETING.
Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings
August 19, 1998
Jerald E. Smith. Sr.
9406 126th Ave.
Fellsmere, FL. 32948
Kathryn M. O'Halloran, City Clerk
City of Sebastian
1225 Main Street
Sebastian, FL. 32958
RE: Sept. 2, 1998 City Council Hearing
Dear Mrs. O'Halloran:
I would like to request a hearing to be conducted on Wednesday, September 2, 1998,
at 7:00 p.m. in the City Council Chambers of Sebastian as suggested in your letter
of August 13, 1998. At that time, I hope to resolve the matter concerning my
position on the Construction Board.
Thank you for your time and consideration.
Sincerely,
Jerald E. Smith, Sr.
Ruth Sullivan, Mayor
Martha V, iniger, Vice Mayor
City. Council: Louise Cartxvright
Charles Neuberger
Larry. Paul
Thomas Frame, City Manager
Timothy Williams, Acting CiD' Attorney
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
August 13, 1998
Mr. Jerald Smith
9406 126TH Avenue
Fellsmere, FL 32948
Re: September 2, 1998 City Council Hearing
The City Council received allegations relative to your application for membership on the City of Sebastian
Cons~'uction Board. This was an August 12, 1998 Regular Meeting agenda item, and Council approved a
motion to conduct a hearing on the matter to determine whether or not to consider removing you from the
board.
In accordance with Section 2-173 of the Code of Ordinances you have ten days from the date of mailing of
this notice in which to request a hearing. If you wish to request a hearing, the CiG Council would like to
conduct that hearing on Wednesday, September 2, 1998 at 7:00 p.m. in the City Council Chambers, City
Hall, 1225 Main Street, Sebastian.
Sincerely,
Kathryn. M. O'Halloran, CMC/AAE
City. Clerk
KOH/sam
C¢:
Mayor and Ci.ty Council
Thomas Frame, Cik'y Manager
Timothy Williams, Acting Cia..' Attorney
ADMINISTRATION
§ 2-172
appointment is being considered. All of the members of each board or committee shall be
residents of the city, Additional qualifications may be ordained or be otherwise applicable for
a particular board or committee.
(Ord. No. 0-97-56, § 5, 9-25-97)
Sec. 2-171. Terms.
Except as otherwise pro~ded by ordinance or by state law, board and committee members
shall be appointed to fill specific three-year terms ofmemberskip, which shall be staggered, so
that no more than three members of a particular board or committee shall be appointed in any
given calendar year. In the event that an appointment is made to fill an unexpired term, the
member shall serve until the end of the unexpired term.
In no event shall any individual who has served as a member of the board or committee
where a vacancy occurs for the greater of two consecutive terms or six years be reappointed to
serve another consecutive term as a member of such board of committee, unless no other
individual, who has otherwise legally qualified to serve as a member of said board or
committee, has a current application on file with the city clerk seeking appointment to serve
as a member of such board or committee. This provision shall not prevent appointment to a
different board or committee. For purpose of this section, the calculation Of service of a board
member shall not include time served as an alternate member of the board or committee where
the vacancy occurs.
(Ord. No. 0-97-56, § 6, 9-25-97)
Sec. 2-172'. Removal.
Any member of a board or committee of the city may be removed ~rom office by the city
council without cause by a vote approved by at least four members of the entire membership
of the city council. Any member of a board or committee of the city may be removed from office
for the violation of any provision of state law governing the conduct of elected or appointed
officials; conviction in any court for a violation of law involving moral t~-pitude; misfeasance,
noafeasance or malfeasance in the pe~ormance of official duties; or abandonment of office by
a majority vote of the members of the city council present at the meeting where said removal
is being considered.
Upon the direction of a majority of the city council, a notice of remowl shall be served upon
the member sought to be removed, which shall specify the ~ounds for removM. The notice of
removal shall be delivered by personal delivery or by ordinary, first class mail ~o the member
at the ,~ddress provided by the records of the city clerk. Serrice ~hall be ~ccomplished ~s ~con
as ~s ~rac:icable Mter the city council direc~ service of the notice cf removal. Except as
provided in ~ecton 2-172 below, the notice shall include ~ statemen~ ~h~ :he member has the
right :o reaues: a heanng before the city council and that the requesz for a hearing must be
received by the city clerk on or before a date to be specified in the notice which shall be seven
days from :he date of set:ice if :he notice is personally served, or :eh days from the da~e of
mailing if :he notice is ser,-ed bx- mail.
.-.-,:;,~ _'% ~.:
§ 2-172 SEBASTIAN CODE
Upon timely request for a hearing before the city council, the council shall set a date and
time for the hearing and direct the city clerk to give the member notice of the hearing. At the
hearing, the member may present evidence and argument as to why the removal should not
occur. The member may be represented by legal counsel and all proceedings shall be recorded
on magnetic tape by the city clerk. The decision of the council may be either to remove,
suspend, reprimand or to absolve the member. For purpose of this section, the effective date of
removal of a member shall be immediately after the expiration of the time in which the
member has the right to request a hearing before the city council. If the member timely
requests a hearing, and if the city council decides to remove the member upon the conclusion
of the hearing, the removal shall take effect immediately. If a member timely requests a
hearing, but withdraws the request prior to the hearing, the effective date shall be the date on
which the request was withdrawn.
(Ord. No. 0-97-56, § 7, 9-25-97)
Sec. 2-173. Attendance requirement.
Notwithstanding any other provision of this Code, any board or committee member shall be
automatically removed if, in a given fiscal year he or she is absent from three consecutive
meetings without au acceptable excuse. An "acceptable excuse" is defined as an absence for
medical reasons, bnsines~ reasons, personal reasons, or any other reason which the chair of the
board or committee deems appropriate. Upon notification by the chair of the board or
committee that a member has not complied with the attendance requirement, the city council
shall issue an order of removal. The effective dat~ of removal shall be the date on which the
order of removal was entered. Removal of board or committee member~ pm-suant to this
section shall not be subject to section 2-172.
(Ord. No. 0-97-56, § 8, 9-25-97)
Secs. 2.174, 2-175. Reserved.
DMSION 2. CODE ENFORCEMENT BOARD=
Sec. 2-176. Created.
(a) There is hereby created and established thc Sebastian Code Enforcement Board. The
board is created and established pursuant to the authority ~anted pursuant to the Local
Government Code Enforcement Boards Act, F.S. §§ 162.01 through 162.13.
(b) Those provisions of the Local Government Code Enforcement Boards Act, as set forth in
F.S. §§ 162.01 through I62.13, which are not inconsistent with this division, are hereby
adopted as ordinances of the city.
(Code 1980, § 2-91; Ord. No. O-93-16. § 1.2-9-94)
*State law references--Code enforcement. ES. ch. 162: code enforcement board. F.S. §§
162.01 through 162.13.
Supp, No, I4 CD2:I8
PPLICATION TO SERVE ON CITY BOARD
1. NA~ME:
.J~-~ ~ d E. ~¢mi£h. Sr.
2. HOME ADDRESS:
9a/]~ !26th kYe, Fel!smere, FL 32948
4.
5.
6.
7.
HOME TELEPHONE: ~07 57~-0a38
BUSINESS: j~ry pm~et 'm~ ~e, ThC.
BUSINESS ADDRESS: ,90,8. US 3,. Se_basti.an,,.F~.~ 32958
BUSINESS TELEPHONE: 407 589-6818
SOCIAL SECURITY ~ER:
8. DRIVERS LICENSE NUMBER:
9. RESUME OF EDUCATION AND EXPERIENCE: Attended ~ublic school in Massachusetts
and have work in the construction industry for 35 years.
(use additional sheets if necessary or submit resume if available)
'10. Voter registration no.
11.
13.
14.
15.
Are you a resident of the City?
Length of Residency
Do you hold a public office?
Yes__ No ~<
Yes~ No ~
Do you serve on a City Board at present? Yes , No~
PLEASE CHE~{ THE BOARD(S) YOU ARE INTERESTED IN SERVING ON:
(Please number in order of preference with first choice
being "1")
*BOARD OF ADJUSTMENT
CEMETERY CO~94.ITTEE
*CODE ENFORCEMENT BOARD
*CONSTRUCTION BOARD [~
*PLANNING ~VD ZONING
HANDICAPPED COMMITTEE
!~. What qualifications do you have to serve on this board?
have heen. i_nvctved in the construction industry for most of my life. I am a licensed
ti~= ccntrac~or aP.d o~a =.nd o=er~te a ceramic tile and f!ccrcoverinc' busines in the
ni~v of Sebastian.
17. What reasons do you have for wishing to serve cn an advisory
~ ~ ~'~4m~~ ,~lv~e_~ ~ ~ ~ ...... 04,tv Cf. ~ ~;~ ~ ~-'~ __.
............. =s~=n, ! ~_m ~t ....... ~ the continued
_xrswth of the ~rea and wish ts ...... ~n~''~'~ that ch!~. .... .~,a~=:ss, ='.~=~. ...... c=_~, zlcen,:~s' ' P.n~
18. Have you ever been convicted of any felony or any
misdemeanor involving moral turpitude in this or any state?
Yes No
19. Would you consider serving on another Board other than the
one(s) you selected above? Yes
I hereby certify that I am qualified to hold the position for
which this application is made. Further, I hereby authorize the
Cit~ of Sebastian to investigate the truthfulness of all
information which I have provided in this application. I
unde~'tand that any misrepresentation or omission of information
requested in this application is cause for disqualification or
removal.
I understand that the City Council of the Ci~Z of SEBASTIAN may
suspend or remove from office any municipal board member for
malfeasance, misfeasance, neglected duty, habitual drunkenness,'
incompetence, or permanent inability to perform his official
duties. Further, I understand that the City Council may suspend
any municipal board member who is arrested for a felony or for a
misdemeanor related to the duties of his office or who is
indicated or informed against for the commission of any felony or
misdemeanor.
I hereby authorize the Sebastian Police Department to run an
active warrant check on me.
~p!icant Signature
!97__~ by d'err~(ot -~ ,~'l~ %~ , who i~-~te,rsonaIly kno~
to me or has produced as identification.
(SEAL)
.~~ kws-f°rm~<app!icat±on
NOtary P~b!~c, State o~ Florida
Name of Notary (Printed or Typed)
Commission Nc.
~s of F.c~da a~ ~
My C. cmm~,sicn Ex~ires:
SEII:x,~TIA. N
POLICE
DF, P, ARTM ENT
! II II I I ~ll
Fade k. Peily, Cl~tet' of Police
ro~l office Box 7801.~
Sebastian, FL 3:~978-01:
III I I II
MEMURANDUM
baie :
IL1 :
FRLN :
SI_BJECI :
October 7, 1992
Kathryn M. 0'Halloran, City Clerk
Investigator GaryMcCarthy
Want/~arrant Check - gpollcant
Jerald E. Smith. Sr.
A check for 'wants/~arran[s [or the above referenced applicant/board
nember reveal that:
g.~ No active waHt or warrant for.subJect ls on rile.
( ) An active warraHt or want does exist and follow up will occur.
vestlo~tor F/ ~5"
Sebastian Police DeuartnN.'nt
City of Sebastian
1223 MAIN STRE~'T a ~BAST1AN, FLORIDA
TELEPHONE (561) 589-5330 c~ FAX (561) 589-EF, 70
SEBASTIAN CITY COUNCIL
WORKSHOP
AGENDA
WEDNESDAY, SEPTEMBER 2, 1998
Following 7:00 p.m. Special Meeting
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
No public input is allowed at a Workshop, unless approved by consensus of City Council at the beginning of the Workshop. Substantive
decisions may not be made at Workshops (in accordance with R-97-21).
1. CALL'TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. WOg.~$HOP ITEH~
98.155 A.
Review Proposed Language for Charter Amendment for Charter Review Committee and Procedure
(Proposed Language, Current City Charter)
5. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISiON MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MA TTER CONSIDERED
AT THiS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATiM
RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTiMONY AND EVIDENCE UPON WHICH TIlE APPEAL
IS TO BE HEARD. (286.0105F. S.)
1N COMPLIANCE IVITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR
THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Hearing Assistance Headphones are Available in Council Chambers for all Government Meetings.
~~~ CHARTER REVIEW COMMITTEE
~. Not later than ~ I~ of the ~eaa. r !~ ~n~h~~
be known as the "City Qf Sebastian Charter Review Committee". It
shall, within~~q~.. from the date of its formation, present
.to the City Council its,xrecommendations for amendment of the
Charter or its recommendation that no amendment is appropriate. If
amendment i~ to be recommended, the Charter Review Committee shall!
conduct /~-- public hea~ings, at intervals of not less than /~
days, prior to the transmittal of its recommendations to the City
Council. The City Counci~ may by ordinance submit any or all of
the recommended amendment~ to the electors for vote at the .next
general election held within the city or at a special election
called for said purpose./
PA_.~T !
CHARTER*
Sec.
Sec.
Sec.
Sec.
Sec,
Sec.
Sec.
Sec.
See.
Sec.
SeC.
Sec.
~ec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
1.01.
1.02.
1.03.
1.04.
1.05.
2.01.
2.02.
2.03.
2.04.
2.05.
2.06.
2.07.
2,08.
2.09.
2.10,
2.11.
2.12.
2.13.
2.14.
2.15.
2.16.
Sec. 3.01.
Sec. 3.02.
Sec. 3.03.
Sec. 3.04.
Sec. 3.05.
Article I. Creation and Powers
Creation and powers.
Extraterritorial powers.
Intergovernmental relations.
Boundaries.
Existing businesses may continue after annexation.
Article II. City Council
Composition.
E~g~bility.
Election.
Terms.
Compensation; expenses.
· Mayor;~vic~mayor.
General powers and duties.
Vacancies; forfeiture of office; i-filing of vacancies.
Judge of qualifications.
City council-employee relationship.
Investigations.
Procedure.
Emergency ordinances.
Codes of technical regulations.
Authentication and recording;, codification; printing.
Standing committees.
Article III. Administration and Legal Departments
Division 1. Generally
Creation.
Appointment [of Charter officers].
Removal [of Charter officers].
City manager; powers and duties.
City clerk
*Editor's note-Printed herein is the Home Rule Charter of the City of Sebastian adopted
by Ordinance Number 0-78-9 on October 9, 1978, and approved at referendum on December
11, 1978. The Charter became effective January 1, 1979. Obviously misspelled words have
been corrected without notation. Words added for clarification have been added in brackets.
Amendments have been included and are indicated by a history note immediately following
the amended section.
State law references-Municipal Home Rule Po~vers Act, F.S. ch. 166; Charter amend-
ments, F.S, § t66.031.
CHT: !
SEBASTIAN CODE
~ec.
~ec.
Sec.
Sec.
Sec.
Sec,
Sec.
Sec.
Sec.
Sec.
Sec.
~ec.
Sec.
Sec.
Sec,
Sec.
Sec.
Sec.
~ec.
Sec.
Sec.
Sec,
~ec.
Sec.
3.06.
3.07.
3.08.
3.09.
4.02.
4.03.
4.04.
4.05.
4.06.
4.07.
4.O8.
4.09.
5.01.
5.02.
6.01.
6.02.
6.03.
6.04.
6.05.
Division 2. Police Department
Creation; chief.
Chief of police-Duties and authority.
Same-Officers.
Division 3. Legal
City attorney.
Article IV. Elections
Adoption of state election laws.
Filing of candidate's oath; fee.
Special municipal elections to elect elective officers.
Special election for other purposes.
Calling an election by resolution.
Election precincts and polling places; city to designate.
Elections-How arranged; inspectors and clerks.
Same-Canvass of returns; certificates of election.
S~me-Ballots.
Voting machines.
Absentee voting.
Election procedures; tie vote.
Conduct of candidates for election office.
Interim government.
Article V.
Severability of provisions.
Effective date.
General Provisions
Article VI. Tr--~ition
Title to property reserved.
Obligations unimpaired.
Officers and employees holdover.
Ordinances preserved.
Continuation of former charter provisions.
CHT:2
CHARTER § 1.02
ARTICLE I. CREATION AND POWERS*
Sec. 1.01. Creation and powers.
The City of Sebastian, Florida, as now established, shall continue to be a municipal body
politic and corporate in perpetuity under the name "City of Sebastian" and, under that name,
shall have all governmental, corporate, and proprietary powers to enable it to conduct munic-
ipal government, perform municipal functions and render municipal services, and may exer-
cise any power for municipal purposes except as otherwise provided by law.
Sec. 1.02. Extraterritorial powers.
In addition to the powers enumerated herein, the city shall be vested with all extrater-
ritorial powers heretofore granted by the prior Charter of the City of Sebastian, Florida, as
follows:
(1)
Acquisition of property. To acquire by purchase, gift, devise, condemnation, lease or
otherwise, real or personal property or any estate therein, or riparian rights or ease-
ments therein, within or without the city, to be used for any municipal purpose,
including cemeteries or. places for burial of the dead; streets and highways, public
parking lots or spaces; bridge and tunnel sites; the construction of a telephone system;
plants, works and wells and other equipment necessary for supplying said city with
water, ice, gas for illuminating and heating purposes, and electric power for illumi-
nating, heating or power purposes; the location of waterworks and sites for public
utility works; the estabhshment of poor houses, houses of detention and correction;
hospitals for the cure or detention of the sick; jails; market houses, public parks,
playgrounds, airports, docks, sea walls, yacht harbors, wharves, warehouses, prome-
nades; plants for cremating, neutralizing or otherwise destroying sewerage, garbage
and refuse; for extension of sewer and drainage pipes and watermains; and for any
public or municipal purpose; and to improve, sell, lease, pledge or otherwise dispose
of same or any part thereof for the benefit of the city, to the same extent that natural
persons might do, in the manner provided in this Charter.
(2) Docks, wharves, sea walls. To establish, construct, maintain, operate and control
public landings, piers, wharves and docks within and without the city, and to acquire
lands, riparian rights or other rights and easements necessary for such purposes; to
control and regulate the operation of boats and the speed thereof; to lay and collect
reasonable duties, charges or fees on vessels or watercraft coming into or using such
landings, wharves, and docks; to reg-ulate the manner of using any and all wharves
and docks within and without the city and the rates of wharfage or charges to be paid
bv vessels or other watercraft using the same.
Use ofpublic lands and w~ters. To regulate and control the use and occupancy' ~l' the
waters, waterways, ~vater bottoms, wharves, causeways, bridges, beaches,
dmroughfares, alleys, parks, public lots. and other public places in the city and
~State law reference-Home rule powers generally. F.S. ~] ~66./)2I.
§ 1.02 SEBASTIAN CODE
nicipally owned or leased property within or without the city limits; and to impose
and enforce adequate penalties for violation of such rules and regulations.
(4) Public utilities. To furnish any and all local public services, including electricity, gas.
water, lights, or transportation, and to charge and collect necessary fees or charges
therefor; to purchase, hire, construct, own, extend, maintain, operate or lease any
public utilities, electric light system, telephone and telegraph system, waterworks
and plants, ice plants, and works, gas plants and distribution systems, bus or transit
systems, radio broadcasting stations, television stations, cablevision rebroadcasting
systems, telephone systems, or other public utility;, to establish, impose and enforce
rates and charges for supplying such services or conveniences by the city to any
person, persons, firrn or corporation; to furnish any and all local public services to
persons, fu-ms, industries, or municipal corporations residing or located outside of the
limits of said city. To a~quire in any lawful manner in the State of Florida such water,-
lands .and lands under water as the city council may deem necessary for the purpose
of providing an adequate water supply for said city and the piping and conducting of
the same, t~ make reasonable rules and regulations for promoting the purity of its
said water supply and protecting the same from pollution and for this purpose to
exercise full police powers over all lands comprised within the limits of the water shed
tributary to any such supply wherever such lands may be located in the State of
Florida.
(5) Abatemen~ ofhuisances. To compel the abatement and removal of all nuisances within
the city or upon the property owned by the city bey6nd its corporate limits, at the
expense of the person or persons causing the same, or of the owner or occupant of the
grounds or premises whereon the same may be.
(6) Dairies and stock. To provide for inspecting and regulating the sanitary condition of
all dairies, butcher pens, slaughter houses, meat markets, or other places within and
without the city limits, where the products of same are sold within the city limits, and
to provide penalties for the violation of such regulations.
(7) Airports. To purchase, acquire, take, hold, establish, construct, equip, maintain and
operate municipal airports, landing fields, hangars, aviation terminals and adminis-
tration buildings, runways, depots, warehouses, garages, repair shops~ oil and fuel
tanks or stations, or other necessary appurtenances for the use of airplanes and other
aircraft, and to acquire or lease any and all reai property within the corporate limits.
or within ten (10) miles of the boundaries thereof, for such purpose; to set apart and
use for such purpose any real property owned or leased by the city, whether or not
originally acquired by condemnation, purchase or lease for another purpose: to miopt
and enforce reasonable rules and regulations governing the use of such municipal
airports: to employ airport directors, airport managers, employees or agents in c~m-
nection ~vith such operation: to impose fees or charges in connection with thc u~e ,)('
such airport or airport facilities: to sell g'asoline or other supplies necessary in ten.
aection with the operation of such airports: to provide lounges, eating places, re!':',,sh-
CHARTER § 1,02
ment parlors and other facilities in connection with such municipal airports; to let or
lease to private persons or corporations portions of the said airports for building sites,
hangar space, concessions or other uses for a term not to exceed twenty (20) years; to
prescribe and promulgate reasonable rules and regulations for the operation of such
airports, and to exercise supervision and control of such operation; to accept and
receive grants from the state and federal governments and any body politic for the
construction, maintenance, opera;ion and management of such airport facilities.
(8) Contracts with other governmental agencies. To enter into contracts with the State of
Florida or any of its subdivisions or agencies, and with the United States of America
or any department or any agency thereof, in order to purchase, lease or acquire
property, real and personal, within or without the limits o£ the territorial boundaries
of the city, for any municipal purpose, and to sell, alienate, convey, lease or otherwise
dispose of same for the benefit and advantage of said city.
(9) To convey to United States or State of Florida. To acquire real estate or any interest
therein, located within or without the territorial limits of said city, by purchase, gift,
devise, condemnation or otherwise, for the purpose of giving, granting or conveying
the same to the United States of .-Mnerica or the State of'Florida, or any lawful agency
or subdivision thereof, whenever the city council of said city shall deem it advisable,
beneficial and to the best interest of said city so to do, or in order to induce the
construction of pubhc institutions and public works of any and all kinds.
(10) .Golf course. To acquire, construct, own and operate a golf course or golf courses and
all such buildings and improvements as said city may deem necessary or desirable for
use in connection therewith, within or outside of the limits of said city; to use any
lands now owned by said cig for the purpose of a golf course or golf courses, and to
acquire by purchase, lease, condemnation or otherwise for such purposes any lands
within or outside the limits of said city as it may deem necessary or desirable, to
charge reasonable admissions, rentals or fees for the use or enjoyment of such golf
course or golf courses by the users thereof, and prescribe reasonable rules and regu-
lations for the use and operation thereof.
{tt> Eminent domain. To exercise :he right and power of eminent domain, that is, the
right to appropr;ate proper~y within or without the territorial limits of said city for
the following uses or purposes: For streets, lanes, alleys and ways, for public parks,
squares and wounds, for drainage and for raising or filling in land in order to promote
sanitation and healthfulness, for reclaiming and filling when lands are low or wet o~'
overflowed, altogether or at times and entirely or partly, for the abatement o~ any
nuisance, for the use of water pipes and for sewage and drainage purposes, fbr laying
wires and conduits under the ~ound, for city buildings, waterworks, pounds, olectric
power plants, bridges, sea wa.Ils, bulkheads, causeways, docks, golf courses, airpCwts
and any and all other powers ~anted to said city by this Charter and tbr any c)the:'
municipal purpose and for any other purpose g-ranted by law, all 0£ which shall be
c~)extensive with the powers o~' :he City of Sebastian exercising the right of emi~ent
3u~, ×,, ; CHT:5
§ 1.02 SEBASTIAN CODE
domain and the absolute fee simple title to all property so taken and acquired shall
vest in said city unless the city seeks to condemn a particular right or estate in such
property. That the procedure for the exercise of eminent domain or the condemnation
of any lands or property under this subsection shall be the same as is provided by the
general laws of the State of Florida with respect to eminent domain.
(Res. No. R-88-16, § 2, 1-13-88; election of 3-14-89; Ord. Ne. O-93-21, §§ 1-3, 1-12-94, election
of 3-8-94)
State law reference-Municipal home rule powers, F.S. ch. 166.
:'The next a
CHARTER § 2.03
Sec. 1.03. Intergovernmental relations.
The city may exercise any of its powers or perform any of its functions and may participate
in the financing thereof, jointly or in cooperation, by contract or otherwise with any city,
county, state, the United States or any agency or governmental unit thereof.
State law reference-Intergovernmental programs, F.S. ch. 163.
Sec. 1.04. Boundaries.
The corporate Limits of the city shall be as presently established or as hereafter changed
pursuant to state law.
State law reference-Municipal annexation or construction, F.S. ch. 171.
Sec. 1.05. Existing businesses may continue after annexation.
Any real property upon which a lawful business is being conducted at the time the same
is taken into the corporate territory of the city, during the continuance of the same business
it shall be granted the same privileges, immunities and exemptions as though any such
business had been conducted within the city for the time o£ operation prior to annexation to the
city at such location.
ARTICLE II. CITY COUNCIL
Sec. 2.01. Composition.
There shall be a city council consisting of five (5) council members elected by the qualified
voters of the city at large.
(Ord. No. O-91-29, § 1, 1-8-92; Ord. No. 0-93-03, § 1, 1-27-93)
Sec. 2.02. Eligibility.
No person shall be eligible to hold the office of council member unless he or she is a
qualified elector in the city and actually continually resided in the city for a period of one (1)
year immediately preceding the final date for qualification as a candidate for said office.
(Ord. No. 0-84-1, § 1, 2-1-84; Ord. No. 0-93-03, § 2, 1-27-93)
Sec. 2.03. Election.
(a) The office of mayor, whose term expires in March, 1994; shall be filled upon such
exp. iration as provided in section 2.06 of this Charter. Thereafter, there shall be held a general
election of two (2) council members on the second Tuesday in ~Iarch of each even-numbered
year and of three i3) council members in each odd-numbered-year.-
~b) 'The city elections shall have at large voting; provided that the city council shall have
the authority to submit bv ordinance to the voters a re!'erendum for the election of'city council
by districts to be designated by the city council.
Ord. No. O-91-29, § 1. 1-8-92; Ord. No. u;-~o-uo, § 3. 1.27.931
No, '~
§ 2.04 SEBASTIAN CODE
Sec. 2.04. Terms.
(a) The terms of the council members shall be for two (2) years, or until a successor has
been duly elected or appointed and sworn.
(b) The term of each newly elected council member shall begin on the Monday following
the election, at a special meeting of the city council to be held for the purpose of swearing in
such newly elected officials. If a regular city council meeting is to be held the Monday fol-
lowing the election, the newly elected officials shall be sworn in at the conclusion or such
regular meeting.
(Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-03, § 4, 1-27-93)
Sec. 2.05. Compensation.
The salary of the mayor, vice-mayor and each of the other council members shall be paid
the following amounts on a monthly basis:
(1) Mayor: Four hundred dollars ($400.00);
(2) V~ce. rnayor: Two hundred fifty dollars ($250.00); and
(3) Council members: One hundred fifty dollars ($150.00).
(Res. No. R-82-22, 9-8-82; Res. No. R.87-04, § VI, 2-4-87; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No.
0-93-02, § 1, 1-27-93)
See. 2.06. Mayor;, vice-mayor.
(a) Mayor-Selection a~d term. Commencing March 1994, after the seating of any newly
elected council members, at the f~rst scheduled city council meeting subsequent to the second
Tuesday in March, the new city council shall, as the first order of business, elect a mayor.from
among its members. The incumbent mayor or in his or her absence, the vice-mayor or in his
or her absence, the senior member of city council, shall ask for nominations for mayor. After
all nominations have been made, the nominations shall be closed. The city clerk shall then call
the roll of the council members and each council member shall cast an affirmative vote for the
council member of their choice. The council member that receives a majority vote shall be
elected mayor. In the event no council member receives a majority of the votes cast on the first
ballot, balloting with sequential roll calls shall continue until a council member receives a
majority vote. Council members shall not nominate them.~ ~lves. Only elected council members
shall be eligible for the office of mayor.
(1) If there is no mayor seated on the new or existing city council, a temporary city
council chairperson may be elected from the incumbent members of the city council
for the purpose of electing a mayor as set forth above.
(2) In the event there is only one nomination and second for mayor, the nominee shall be
seated as mayor.
(b) ..¥[ayor-Duties, ~enerat. The mayor shall preside at each meeting of the city council,
shall have a vote upon matters before the city council, but shall not possess a veuo power. The
Supp. No. 2 CHT:10
CHARTER § 2.08
mayor shall have the power to preserve peace and order, be recognized as the head of the city
government for all ceremonial purposes, and shall be recognized by the governor as the head
of the city government for purposes of military law. The mayor shall sign all contracts, bonds,
debentures, franchises and official documents on behalf o£ the city as directed and authorized
by the city council, which shall also be attested by the city clerk.
(c) Vice-mayor-Selection and term. At the first regularly scheduled city council meeting
subsequent to the second Tuesday in Maxch, the city council shall elect a vice-mayor from
among it~ members. The term of the vic~mayor shall be for one year or until his or her
successor is elected. The vice-mayor shall be elected using the same procedure as for the
election of mayor.
(d) Vice. mayor-Duties, general. In the absence or disability of the mayor, the vice-mayor
shall serve az mayor during such absence or disability. In the absence or disability of both the
mayor and vice-m~yor, the senior member of city council shall serve az mayor during such
absence or disability.
(Ord. No. O-91-30, § 1, 1-8-92; Ord. No. 0-93-03, § 5, 1-27-93)
Sec. 2.07. General powers and duties.
All powers of the city shall be vested in the city council, except as otherwise provided by
law or this Charter, and the city council shall provide for the exercise thereof and for the
performance of all duties and obligations imposed on the city by law.
(Ord. No. O-91-29, § 1, 1-8-92)
Sec. 2.08. Vacancies; forfeiture of office; fining of vacancies.
(a) Vacancies. The office of council member or the mayor shall become vacant upon his/her
death, resignation, removal from office in any manner authorized by law or forfeiture of
his/her office.
(b) Forfeiture of office. A council member or the mayor shall forfeit his/her office if he/she:
(1) Lacks at any time during hisiher term of office any qualification for the office pre-
scribed by this Charter or by law; ~
(2) Violates any express prohibition of this Charter;
(3) Is convicted of a crime involving moral turpitude; or
(4) Fails to attend three (3) consecutive re~o-ular meetings of the city council without being
excused bv the city council.
(c) Filling vacancies. In the event of a vacancy in the office of a council member, the city
council shall appoint a person having the qualifications o£ council member to occupy such
office until the earlier of .,1) the seating of a successor elected by the electorate of the city au
the nex~ general municipal election for The city ,,vhere the qualifying period '3r seeking elco.
iupp. No. 2 CHT: I !
§ 2.08 SEBASTIAN CODE
tion for council members has not expired, or (2) for the remainder of the unexpired term of the
council office ~ which the vacancy exists.
(Ord. No. 0-88-43, § 2, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-91-30, § 2, 1-8-92; Ord.
No. 0-93-02, § 2, 1-27-93)
Editor's note-Section i of Ord. No. 0-88-43, adopted January 11, 1989, repealed former
§ 2.08 in its entirety and § 2 of the ordinance renumbered § 2.09 as § 2.08. The repealed
provisions pertained to supervision over administrative officers and derived from the original
Charter of the city adopted by Ord. No. 0-78-9 on October 9, 1978.
Sec. 2.09. Judge of qualifications.
The city council shall be the judge of the election and qualifications of its members and of
the grounds for forfeiture of their office and for that purpose shall have power to subpoena
witnesses, administer oaths and require the production of evidence. A member charged with
conduc~ constituting grounds for forfeiture of his/her office shall be entitled to a public hearing
on demand, and notice of such hearing shall be published in one (1) or more newspapers of
general circulation in the city at least one (1) week in advance of the hearing. Decisions made
by the city council under this section shall be subject to review by the courts.
(Ord. No. 0-88-43, § 3, 1-11-89; Ord. No. O-91-29, § 1, 1-8-92)
Editor's note-Section 3 of Ord. No. 0.8843, adopted January 11, 1989, renumbered §
2.10 as § 2.09.
Sec. 2,10, City council-employee relationship.
Neither the city council nor any of its members shall in any manner dictate the appoint-
ment or removal of any city employee except the charter officers nor shall the city council or
any of its members give orders to any employee, other than city council orders to a' charter
officer. The city council or its members shall implement all policy matters through the appro-
priate charter officer.
(Ord. No. 0-88-43, § 4, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92)
Editor's note-See the editor's note following § 2.09.
Sec. 2.11. Investigations.
The city council may make investigations into the affairs of the city and the conduct of any
city department, office or agency and for this purpose may subpoena witnesses, administer
oaths, take testimony and require the production of evidence. Any person who fails or refuses
to obey a lawful order issued in the exercise of these powers by the city council shall be guilty
of a misdemeanor.
(Ord. No. 0-88-43, § 8, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92)
Editor's note-Sections 5-7 of Ord. No. 0-88-43, adopted January 11, 1989, repealed
former §§ 2.11-2.13 which pertained to the city manager, city clerk and city treasurer and
derived from the Charter adopted October 9, 1978, by Ord. No. 0-78-9. Sections 2.14-2.19 of
the Charter were renumbered as §§ 2.11-2.16 by §§ 8-13 of Ord. No. 0-88-43.
Supp. No. 2
CHT:!2
CHARTER § 2.13
Sec. 2.12. Procedure.
(a) Meetings. The city council shall meet regularly at least once a month at such times and
places as the city council may prescribe by resolution. Special meetings of the city council may
be held on the call of the mayor or vice-mayor or of three (3) or more council members.
Whenever practicable, each council member shall receive at least twelve (12) hours' advance
notice of any special city council meeting called. If at least three (3) council members deem a
special meeting to be an emergency meeting, the twelve (12) hour advance notice requirement
shall be waived. All city council meetings shall be public meetings, except as otherwise per-
mitted by law.
(b) Rules and journal. The city council shall determine its own rules and order of business
and shall provide for keeping a journal of its proceedings. This j[ournal shall be a public record.
(c) Voting. Voting may be by voice vote, except that a roll call vote shall be required on
appropriation of funds, for the approval of an ordinance or upon any motion upon the call of
any council member. The ayes and nays on each roll cai1 vote shall be recorded in the minutes
of the meeting. Three (3) members of the city council shall constitute a quorum, but a smaller
number may adjourn from time to time and may compel the attendance Of absent council
members in the manner and subject to the penalties prescribed by the rules of the city council
then in force. No action of the city council, except as otherwise provided in this Charter, shall
be valid or binding.unless adopted by the affirmative vote of three (3) or more council members.
(Ord. No. 0-88-43, § 9, 1-i1-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. O-91-30, § 3, 1-8-92; Ord.
No. 0-93-02, § 3, 1-27-93)
Editor's note-See the editor's note following § 2.11.
Sec. 2.13. Emergency ordinances.
To meet a public emergency affecting life, health, property or the public peace, the city
council may adopt one (1) or more emergency ordinances, but such ordinances may not levy
taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for
its services or authorize the borrowing of money except an emergency appropriation. An
emergency ordinance shall be introduced in the form and manner prescribed .for ordinances
generally, except t~mt it shall be plainly designated as an emergency ordinance 'and shall
contain, after the enacting clause, a declaration stating that an emergency exists and de-
scribing it in clear and specific terms..An emergency ordinance may be adopted with or
without amendment or rejected at the meeting at ~vhich it is introduced, but the affirmative
vote of at least four (4) members shall be required for adoption. After its adoption the ordinance
shall be posted as prescribed for other adopted ordinances. It shall become effective upon
adoption or at such later time as it may specify. EveQ' emergency ordinance except an emer-
gency appropriation shall automatically ~tand repealed as of the ninety-first (9tst) day fol-
lowing the date on ~vhich it ~vas adopted, but this shall not prevent reenactment of the
ordinance in the manner specified in this section if the emergency still exists. An emergency
Supp. No. ~ CHT:i3
§ 2.13 SEBASTIAN CODE
ordinance may .also be repealed by adoption of a repealing ordinance in the same manner
specified in this section for adoption of emergency ordinances.
(Ord. No. 0-88-43, § 10, 1-11-89; Ord. No. O-91-29, § 1, 1-8-92) Editor's note-See the editor's note following § 2.11.
State law reference-Uniform minimum requirements for adoption of ordinances, F.S. §
166.041.
Sec, 2.14. Codes of technical regulations,
The city council may adopt any standard code of technical regulations by reference thereto
in an adopting ordinance. The procedure and requirements governing such an adopting ordi-
nance shall be as prescribed for ordinances generally, except that:
(1) The requirements of state law for distribution and filing of copies of the ordinance
shall be construed to include copies of the code of technical regulations as well as of
the adopting ordinance; and
A copy of each adopted code of technical regulations as well as of the adopting ordi-
nance shall be authenticated and recorded by the city clerk.
(2)
(Ord, No. 0-88-43, § 11, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92).
Editor's note-See the editor's note following § 2.11.
Sec. 2.15, Authentication and recording;, codification; printing.
(a) Authentication and recording. The city clerk shall authenticate by such clerk's signa-
ture and record in full in a properly indexed book kept for such purpose all ordinances and
resolutions adopted by the city council.
(b) Codification. The city council shall provide for the preparation ora general codification
of all city ordinances and resolutions having the force and effect of law. The general codifica-
tion shall be adopted by the city council by ordinance and shall be published promptly in bound
or looseleaf form, together with this Charter and any amendments thereto, and such codes of
technical regulations and other rules and regulations as the city council may specify. This
codification shall be known and cited officially as the Code of Ordinances of the City of
Sebastian, Florida. Copies of the Code shall be furnished to city officers, placed in libraries and
public offices for free public reference, and made available for purchase by the public at a
reasonable price fixed by the city council. The Code of Ordinances of the City of Sebastian,
Florida, as amended as of the effective date of this ordinance, is hereby validated, confirmed
and shall be admissible in evidence in the courts of the state without proof of any procedural
notice or action relating to their adoption.
(c) Printing of ordinances and resolutions. The city council shall cause each ordinance and
resolution having the force and effect of law and each amendment to this Charter to be printed
following its adoption, and the printed ordinances, resolutions and charter amendments .~hall
be distributed or sold to the public at reasonable prices to be fixed by the city council. Fol-
lowing publication of the first Sebastian City Code and at all times thereafter, the ordinances,
Supp_ No. 2 CHT:14
CHARTER § 3.03
resolutions and charter amendments shall be printed in substantially the same style as the
Code currently in effect and shall be suitable in form for integration therein.
(Ord. No. 0-88-43, § 12, 1-11-89; Ord. No. O-91-29, § 1, 1-8-92)
Editor's note-See the editor's note following § 2.11.
Sec. 2.16. Standing committees.
(a) Standing committees may be appointed by the city council. The membership, powers
and duties of such committees shall be provided by the resolution of the city council.
(b) Periodic reports to the city council shall be made by the standing committees as to the
accomplishments and future activities contemplated by each standing committee, as directed
by the city council.
(Ord. No. 0-88-43, § 13, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-91-30, § 4, 1-8-92)
Editor's note-See the editor's note following § 2.11.
ARTICLE Ill. ADMINISTRATION AND LEGAL DEPARTMENTS*
DMSION 1. GENERALLY
Sec. 3.01. Creation.
(a) The city council may establish city del~artments, offices or agencies in addition to those
expressly created in the City Charter and may' prescribe the functions of all departments,
offices and agencies. Notwithstanding the foregoing sentence, no function specifically assigned
in the City Charter to a particular department, office or agency may be discontinued or
reassigned to a different department, office or agency by the city council, except to the extent
allowable under the provisions of the City Charter. '.
(b) The city manager, city clerk and city attorney are designated Charter officers.
(Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-02, § 4, 1-27-93)
Sec. 3.02. Appointment [of Charter officers].
The Charter officers shall be appointed by the city council and serve at the pleasure of the
city council subject to the provisions of section 3.03 of this article.
(Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-91-2~, § 1, 1-8-92)
Sec. 3.03. Removal of Charter officers.
(a) Any Charter officer may be removed from office for cause by a majority vote of the
entire city council.
*Editor's note-Section 14 of Ord. No. 0-88-89, adopted January 11, 1989, repealed
former Axt. III, which contained §§ 3.01-3.05, and enacted a new article III to read as ~et out
herein. The repealed article pertained to similar provisions and derived ['rom the
adopted by Ord. No. 0-78-9 on October !9, 1978.
Supp..No, 2 CHT:15
§ 3.03 SEBASTIAN CODE
(b) In the event that one or more council members believes that cause exists for the
removal of a Charter officer, such council members shall present written charges to the entire
city eouncil at a regularly scheduled meeting for discussion. The city council may, by a vote of
at least three (3) council members, charge the named Charter officer with misconduct and
immediately suspend such Charter officer from office. Notice of the suspension and the specific
charges of misconduct shall be served upon the affected Charter officer in person or by certified
or registered mail, return receipt requested, to the last known address of the affected Charter
officer. The suspended Charter officer shall have the right to a hearing before the City Council
upon request. The suspended Charter officer shall be given a reasonable period of time in order
to prepare for such hearing. At the conclusion of the hearing, the suspended Charter officer
shall be removed from office if the City Council finds, by a vote of at least three (3) council
members that cause exists to support such removal. In the event that at least three (3) council
members do not find that cause exists for removal, the suspended Charter officer shall be
immediately reinstated to his or her Charter office.
(Ord. No. 0.88-43, § 14, 1.11.89; Ord. No. O-91-29, § 1, 1-8-92; Ord. No. 0-93-02, § 5, 1.27-93)
Sec. 3.04. City manager; powers and duties.
(a) The city manager shhll be the chief administrative officer of the city.
(b) The city manager, when necessary, shall appoint, suspend, demote, or dismiss any city
employee under his jurisdiction in accordance with the law and the personnel rules of the city
and may authorize any department head to exercise these powers with respect to subordinates
in his respective department.
(c) The city manager shall direct and supervise the administration of all departments of
the city except the offices of the city clerk and city attorney. He shall attend all city council
meetings unless excused by city council and shall have the right to take part in discussibns,
but not vote.
(d) The city manager shall see that all laws, Charter provisions, ordinances, resolutions,
and other acts of the city council subject to enforcement by the city manager are faithfully
executed.
(e) The city manager shall also prepare and submit the annual budget, budget message,
and capital program to the city council and shall keep the city council fully advised as to the
financial condition and future needs of the city, and shall make such recommendations to the
city council concerning the affairs of the city as he deems desirable.
(fl The city manager shall designate a qualified city employee to exercise the powers and
perform the duties of city manager during any temporaw absence or disability of the city
manager. The city council may revoke such designation at any time and appoint an~)thcr
eligible person, other than a sitting council member, to serve as acting city manager. ,
(g) The city manager, as authorized by the city Charter, the Sebastian Code of Or(ii-
nances, or by the direction of the city council, may sign all contracts, bonds~ debenU~n:s.
~upp. No. 2 CHT:16
CHARTER § 3.09
franchises and official documents on beh-lf of the city, which shall also be attested by the city
clerk.
(Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. O-91-29, § 1, 1-8-92; Ord. No. O-91.30, § 5, 1-8-92)
Sec. 3.05. City clerk.
The city clerk shall give notice of city council meetings to its members and the public, keep
the journal of its proceedings and perform such other duties as are assigned to the clerk by this
Charter or by the city council.
(Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. O-91-29, § 1, 1-8-92)
DMSION 2. POLICE DEPARTMENT
Sec. 3.06. Creation; chief.
There shall be a police department which shall consist of a chief of police and such other
sworn and non-sworn employees as may be determined by the city council. The chief of police
shall be the head of the police department and shall direct the activities of its members and
police department employees. The chief of police shall be appointed by the city manager. The
mayor may, as provided by law, appoint and discharge special policemen in times of riot or
public emergency.
(Ord. No. 0-88-43, § 14, 1-11-89)
Sec. 3.07. Chief of police-~Duties and authority.
It shall be the duty of the chief of police to attend meetings of the city council as directed
by the city manager;, to aid in the enforcement of order and to enforce the city's ordinances, to
execute all papers and processes of the city or its authorities; and to perform such other duties
as may be lawfully required of him/her.
(Ord. No. 0-88-43, § 14, 1-11-89)
Sec. 3.08. Same-Officers.
The chief of police and all sworn police officers shall have the power to bear arms and
make arrests as provided by Florida law and/or as may be provided by ordinance adopted by
the city council.
(Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. 0-93-02, § 6, 1-27-93)
DUv'ISION 3. LEGAL
Sec. 3.09. City attorney.
(ai There shall be a city attorney of the city who shall se.we as chief legal advisor to the
city council, the mayor and all city departments, offices and agencies, shall represent the city
in all legal proceedings and shall perform any other duties prescribed by this Char~er or by
ordinance.
Supp, N'o. 2 CHT:!7
§ 3.09 SEBASTIAN CODE
(b) The city council shall have authority to retain additional counsel in specific actions or
proceedings in its discretion. Also, the city council may provide by ordinance for the additional
office of and the appointment of an assistant city attorney when the weight of the city attor-
ney's duties increases to such an extent that the city council deems such action advisable or
necessary.
(c) The city attorney shall receive such compensation as may be determined by the city
council.
(Ord. No. 0-88-43, § 14, 1-11-89; Ord. No. O-91-29, § 1, 1-8-92)
ARTICLE IV. ELECTIONS*
Sec. 4.01. Adoption of state election laws.
All general laws of the State of Florida, relating to elections and the registration of
persons quo!ifled to vote therein which are not inconsistent or in conflict with the provisions
hereof or the ordinances of the City of Sebastian, shall be applicable to all city elections.
Sec. 4.02. Filing of candidate's oath; fee.
(a) Each candidate, in order to qualify for election to the office of council member, shall
take and subscribe to an oath or affirmation in writing. A printed copy of the oath or affir-
marion shall be furnished to the candidate by the city clerk and shall comply with the provi-
sions of Florida law.
(b) The oath set forth in subsection (a) shall be filed with the city clerk at least forty.five
(45) days, but no more than sixty (60) days, prior to the day of the election, along with payment
of a non-refundable fling fee as set by the resolution of city council, from time to time...
(Ord. No. 0-91-29, § 1, 1-8-92; Ord. No. 0-93-04, § 1, 1-27-93)
Sec. 4.03. Reserved.
Editor's note-Section 4.03, pertaining to special municipal elections to elect elective
officers was repealed in its entirety by Ord. No. 0-93-04, § 2, adopted January 27, 1993.
Sec. 4.04. Special election for other purposes.
A special election for a purpose other than the nomination or election of city officials, may
be authorized by resolution at any time by the city council; provided, not less than thirty (30)
days nor more than sLxty (60) days intervene between the date of the adoption of the resolution
and the date of the election, unless a different time be otherwise provided in this Charter by
ordinance or by statutory law or constitutional provisions, under authority of which the elec-
tion is called. Any matter or matters which by the terms of this Charter, ~vhich may be
submitted to the electors of the city at any special election, may be submitted and voted upon
at the regular municipal election.
*State law reference-Electors and elections, F.S. ch. 97 et seq.
Supp. No.X CtiT:18
CHARTER § 4.08
Sec. 4.05. Calling an election by resolution.
All elections shall be called by proclamation of the mayor issued not less than thirty (30)
days before such election and shall be conducted except as otherwise specifically provided,
under the provisions of the general election laws of the state, when not inconsistent with the
provisions of this Charter. Should the mayor fail or refuse to call any election in due time, the
city council shall do so by resolution.
Sec. 4.06. Reserved.
Editor's note-Section 4.06, pertaining to election precincts and polling places and the
right for the city to designate same, derived from Ord. No. O-91-29, § 1, adopted January 8,
1992. Ord. No. O-93-04, § 3, adopted January 27, 1993, repealed this section in its entirety.
Sec. 4.07. Elections-How arranged; inspectors and clerks.
The city council, in conjunction with the city clerk, shall make all necessary arrangements
for holding all city elections and shall declare the results thereof. The city council shall adopt
a resolution, upon the calling of an election, stating therein where the election shall be held,
and naming the different offices to be filled, or questions to be decided, and shall cause the
notice of the election to be published in accordance with Florida law.
(Ord. No. O-91-29, § 1, 1-8-92; Ord. No. O-93-04, § 4, 1-27-93)
Sec. 4.08. Same-City canvassing board; canvass of election returns.
/Sa) If the city is not holding its election as a part of the election for Indian River County,
Florida, the city clerk shall appoint a city canvassing board to be composed of three (3)
individuals; one (1) member sh~l bethe city Cl~rk and the remaining two (2) members shall
be appointed by the city clerk. The city clerk shall act as chairperson of the city canvassing
board.
(b) When a city canvassing board has been constituted, the city canvassing board shall
meet at a place and time designated by the chairperson, as soon as practicable after the close
of the polls of any municipal election involving the city, at which time, the city canvassing
board shall proceed to publicly canvass the absentee electors' ballots and then publicly car vass
the vote as shown by the returns then on file in the office of the supervisor of elections for
Indian River County, Florida. The city canvassing board shall prepare and sign a certificate
containing the total number of votes cast for each person or other measure voted on. The
certificate shall be placed on file with the city clerk.
Ic) The city council shall hold a special meeting on the first Monday following the election
for the purpose of receiving the certificate of the county canvassing board of the returns for
Indian River County, Florida, or the city canvassing board, as the case may be. The city council
shall then declare the results of the election and enter them in the minutes of the special
meeting..kny oath of office required to be administered to the newlv elected council members
£upp. No. '2 CHT:I9
§ 4.08
SEBASTIAN CODE
shall be administered at such special city council meeting or at the next city council meeting
where the newly elected council members are in attendance.
(Ord. No. 0-93-04, § 5, 1-2%93)
Sec. 4.09. Same-Ballots.
The ballots shall conform to the form of ballots prescribed by the general election laws of
the State of Florida.
(Ord. No. 0-93-04, § 6, 1-27-93)
Sec. 4.10. Voting machines.
The city is hereby authorized to use voting machines in the holding of all city elections,
general or special.
State law reference-Electronic voting systems act, F.S. § 101.5601 et seq.
Sec. 4.11. Absentee voting.
Absentee voting shall be permitted in all municipal elections in the same manner as now,
or hereafter provided for in connection with state and county elections,
State law reference-Absentee balloting, F.S. § 101.62 et seq.
Sec. 4.12. Election procedures; tie vote. /.. _//'-~'"~',
ia) In all general or special elections, the candidates receiving the '~,ighest
vote
in
each
of
the oftlces of council member to be filled, shall be elected fo~ two.year terms,/or the balance
the term. ~,.~:.~..~/ ,of
(b) In the event that at any election there are only two (2) candidates for the same office
and they should receive the same number of votes, the question shall be decided by lot,
conducted by the city council at the meeting of the city held for the purpose of canvassing the
returns of the election, and the results thereof shall be certified in the minutes of such meeting
by the city clerk
(Ord. No. 0-84-3, § 1, 2-1-84; Ord. No. 0-88-44, § 1, 1-11-89; Ord. No. O-91-29, § 1, 1-8-92; Ord.
No. 0-93-04, § 7, 1-27-93)
Sec. 4.13, Conduct of candidates for election office.
No candidate shall promise any money, office, employment, or other thing of value to
secure his/her election, or give anything of value to individual voters for the purpose of
securing their votes. A violation of any of these previsions shall disqualify such candidate l'rr~m
holding the office, if elected, and the person receiving a majority of the votes cast, observing
the foregoing conditions, shall be entitled to the office.
State law references-Election violations, F. S. ch. 104; candidates, F.S. ch. 106; Code or
ethics for public officers and employees, F.S. § 112.311 et seq.
Supp, No. 2 CHT:20
CHARTER § 6.O2
Sec. 4.14. Interim government.
Should a condition arise where there should be no city council serving, either through
death, resignation or otherwise, in the interim until a special election can be called to fill such
vacancies, the city clerk shall have the power to fill the vacancies until successors are elected,
and such city council so appointed shall call a special election as provided by this Charter. In
the event of the inability or refusal of the city clerk to serve in such capacity or to fill such
vacancies, within five (5) days after such condition arises, the mayor shall do so. In the event
of the inability or refusal of the mayor to act within twenty-four (24) hours, the chief of police
shall do so.
State law reference-Emergency continuity of government, F.S. ch. 22.
ARTICLE V. GENERAL PROVISIONS
Sec. 5.01. Severability of provisions.
If for any reason any section, paragraph or part of this Charter shall be held invalid or
unconstitutional, that fact shall not affect, invalidate or destroy any other section, paragraph
6r part of this Charter, and the remaining portions thereof shall remain in full force and effect
without regard to the section, paragraph or portion invalidated.
(Ord. No. 0-93-02, § 7, 1-27-93)
Sec. 5.02. Effective date.
This Charter shall take effect January 1, 1979.
ARTICLE VI. TRANSITION
Sec. 6.01. Title to property reserved.
The title, rights and ownership of all real and personal property, tmxes due and unpaid,
uncollected permits, dues, fees, judgments, choses in action, penalties, decrees and all property
rights held or owned by the City of Sebastian, shall succeed to and be vested in the City of
Sebastian, a municipal corporation created, existing and organized under the provisions of this
Charter.
Sec. 6.02. Obligations unimpaired.
The obligations, debts, contracts, certificates of indebtedness, bonds, including obligations
heretofore issued or any proceeding heretofore beg'un for local improvements of the city shall
not be impaired, affected or avoided by the adoption of this Charter, but shall pass to and be
binding on the city created hereby. Further, no actions in the courts of the state or the federal
government shall be affected by this Charter, and the citv hereby created shail succeed in ~lI
respects in all such actions without the necessity of any legal proceedings by :he, city.
Supp, No. 2 CHT:21
§ 6.03 SEBASTIAN CODE
Sec. 6.03. Officers and employees holdover.
Subject to specific conditions contained herein or authority to create by ordinance specific
conditions, all officers and employees heretofore elected and appointed shall continue to hold
their respective offices and discharge the respective duties thereof' under the city hereby
created until their successors are elected, appointed and qualified under the provisions of' this
Charter or ordinances lawfully enacted.
Sec. 6.04. Ordinances preserved.
All ordinances in effect upon the adoption of this Charter, to the extent not inconsistent
with it, shall remain in force until repealed or changed as provided herein.
Sec. 6.05. Continuation of former Charter provisions.
All provisions o£the former city Charter which are not embraced herein and which are not
inconsistent with this Charter shall become ordinances o~ the city subject to modification or
repeal in the same manner as other ordinances of the city.
Supp. No, 2 CHT:22
City of Sebastian
1225 MAIN STREET ~ SEBASTIAN, FLORIDA 329Ec~
TELEPHONE (561) 589-5330 ~ FAX (E61) 589-£E. 70
MINUTES
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
WEDNESDAY, SEPTEMBER 2, 1998 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Sullivan called the Special Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
ROLL CALL
City Co~.il P[e~.enl:
Mayor Ruth Sullivan
Vice Mayor Martha Wininger
Mrs. Louise Cartwright
Mr. Chuck Neuberger
Mr. Larry Paul
Staff Preterit;
City Manager, Thomas Frame
Acting City Attorney, Timothy Williams
Deputy City Clerk, Sally Maio
Administrative Assistant, Linda Galley
DRAFT
~, City
September 2,' 1995
Pa~e Two
4. SPECIAL MEETING ITEMS
98.158 A.
Hearing j~ A~CQrd~,g~ ~th Code 0f Ordiu~¢gs Section 2-172 Regarding Consideration of Board
Member Removal (Hearing Letters. Section 2-172. Apglication)
Jerry Smith, 9406 126th Avenue, Fellsmere, stated he had requested this hearing to resolve the
allegation that he wrongly filled out his Construction Board application relative to the question
"Have you ever been convicted of any felony or any misdemeanor involving moral turpitude?" He
said he understood the question to ask whether had he been convicted of a felony involving moral
turpitude or a misdemeanor involving moral turpitude and he had answered it honestly as he
understood it. He noted that his application to the City for his contractor test for tile and marble
indicates that he stated he had been convicted of a felony. He submitted a copy of that application to
the City Attorney (see attached).
The Acting City Attorney said there is nothing in the city codes or state statutes to provide for
removal of a member with a prior felony conviction, thus this could'be only removal without cause.
He discussed the legal intent of the question, however, agreed that the question would be confusing
to the layperson and should be separated into two questions.
· MOTION by Sullivan/Cartwright
I would like to make a motion fight now that the application be changed so that question 18
be separated into two separate questions.
VOICE VOTE on the motion carried 5-0.
MOTION by Neuberger/Sullivan
I'd like to make a motion to take no further action.
VOICE VOTE on the motion carried 5-0.
5. Being no further business, Mayor Sullivan adjourned the workshop at 7:15 p.m.
Approved at the
,1998, Regular City Council Meeting.
Ruth Sullivan
Mayor
Katbayn M. O'Halloran, CMC/AAE
City Clerk
2
1623 U,S. ~
P.O. BOX 780266
SEBASTIAN, FL 32978-0268
561-589-:3156
FAX: 561-388-2680
August 3 l, 1998
Mr. Leonard Galbraith
574 Benedictine Terrace
Sebastian, Florida 32958
Re: Jerry Smith and Jerry Smith Tile, Inc.
Dear Mr. Galbraith: ,
I have been consulted by Jerry Smith of Jerry Smith Tile, Inc., regarding reports made to him of
various malicious and slanderous statements made about him and his corporation that have been
attributed to you. The statements that have been reported arc of a natur~ that would cause not only
businesses and financial losses, but also inflict emotional distress and anguish upon the person about
whom they were made. The allegations and accusations are such that it would presume that they
were made with an intent to harm or do damage.
Under Florida law, persons Who are maliciously and falsely slandered by others have legal rights that
may be enforced in a court of law. The recent multimillion dollar verdict rendered in Veto Beach
against Frank Zork is an example of how those rights can be asserted. And, sometimes such behavior
can reach the point of being a criminal matter under Florida laws prohibiting stalking.
The number of reports of malicious and false statements made by you regarding Jerry Smith and Jerry
Smith Tile, Inc., suggests that you have engaged in such conduct. I am today giving you an
opportunity to cease and desist from such conduct before direct legal action is taken against you.
That legal action would include seeking injunctive orders and judgment for damages against you.
Sincerely,
13~JC/dh~~
City of Sebastian
12.2.5 MAIN STR~:_--T a SEBASTIAN, FLORIDA
TELE?HONE (561) 589-53~0 ~ FAX (561): ~
SEBAST~N CI~ COUNC~
WO~SHOP
MINUTES
DRAFT
WEDNESDAY, SEPTEMBER 2, 1998
Following 7:00 p.m. Special Meeting
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Sullivan called the workshop to order at 7:16 p.m.
The Pledge of Allegiance was recited.
ROLL CAL~
City C~m¢i!
Mayor Ruth Sullivan
Vice Mayor Martha Wininger
Mrs. Louise Cartwright
Mr. Chuck Neuberger
Mr. Larry Paul
Staff Present:
City Manager, Thomas Frame
Acting City Attorney, Timothy Williams
Deputy City Clerk, Sally Maio
Administrative Assistant, Linda Galley
City Co~ncil',~6fi~hol~
September 2, 1998
Page Two
4. ¥/ORKSHOP ITEMS
98.155 A.
Review Proposed Language for Charter Amendm~r~t for Charter Review Committee and Procedure
{Proposed LangUage, Current City Charter)
It was the consensus of City Council to allow public input after Council discussion.
The Acting City Attorney read the proposed charter amendment language as submitted in the agenda
packet.
Following a lengthy discussion, it was the consensus of Council to amend the language as follows,
and direct the City Attorney to draft an ordinance for a charter amendment to be placed on the ballot
for March 1999.
"Not later that April 15 of the year 1999 and every seven years thereat~er, the
City Council shall appoint a Charter Review Committee to review the Charter
of the City. Each Charter Review Committee shall consist of fifteen residents
of the City. The committee shall otherwise be appointed in .the manner
provided by la,,, the Code of Ordinances. The committee shall be funded by
the City Council and shall be known as the "City of Sebastian Charter Review
Committee." It shall, within ~ix month~ from the date of its formation, present
to the City Council its final recommendations for amendment of the Charter
or its recommendation that no amendment is appropriate. If amendment is to
be recommended, the Charter Review Committee shall conduct two public
heatings, at intervals of not less than fourteen days, prior to the transmittal of
its recommendations to the City Council. The City Council may by ordinance
submit any or all of the recommended amendments to the electors fo~- vote at
the next general election held within the city or at a special election called for
such purpose."
Discussion took place on adoption of another ordinance to be effective upon approval of the charter
amendment by the city's electors, which would set out appointment procedures for the Charter
R~view Committee.
5. Being no further business, Mayor Sullivan adjourned the workshop at 8:20 p.m.
Approved at the
,1998, Regular City Council Meeting.
Kattuyn M. O'Halloran, CMC/AAECity Clerk
Ruth Sullivan
Mayor
2