HomeMy WebLinkAbout01081992 City of Sebastian
POST OFFICE BOX 78017-7 ~ SEE!,ASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ~ FAX (,407) 589-5570
BELOW MAY BE iNSPECTED IN THE
cITY ~LL, 1225 MAIN STREET,
1. CALL TO oRDER
PLEDGE OF ALLEGIANCE
3. iNVOCATION - Reverend Carl Merola -
Episcopal Church
91.066
St. Elizabeth
ROLL CALL
_ Columbus club
A. ~NO_~~ Amendment
Comprehensive Land use plan
2ND pUBLIC HEARING AND ADOPTIsOENBASTiAN, INDIAN RIVER
-~ C OF THE CITY ~ Tn A cHANGE IN THE
AN u~DIN~n~ pERTAININ~ ~.~=~n~NG THE _
CouNTY,_~ .... ND USE PLAN:_.C2%~ INDIAN RIVE~
PREHENSIVE ~..~ , E pLAN Fu~r ,',' OF
pREHENSIVE ~a~u ~S DISTRICT TO cITY
coUNTY MD-1 (MEDIUM DENSITY)
SEBASTIAN INS (iNSTITUTIONAL) DISTRICT FOR LAND
sITUATED IN THE NORTH CENTRAL AREA OF THE cITY,
APPROXIMATELY 2.65 ACRES MORE OR LESS, LOCATED ON
GIBSON STREET; pRoviDiNG FOR A coPY OF THE
91.066
OR PARTs OF ORDIN
~,~T~CTIvE DA ~ ,~R~BILITr; HEREWITH;
~oUtters ~/~f %~st Readi ~AND PROVIDING F
4/24/91 2,~/~z, Advert~_~_3/27/91, Le+~_pR AN
12/6/9~' ~ansmittal t~ 1/4 Page 4/~fs to
- ~' ~vertised ~ ~a, Letters ~~,
Adoption 1/8/92) 1/4/ ~age 12/31/~
--~, ~n~ PH and
B. ~ N~O. ~ _ Columbus Club Rezon~ng
PUBLic HEARING AND ADOPTION
AN ORDINANCE OF THE CITy OF SEBAST
couNT , FLORIDA, ?TAINING TO INDIAN RI
CERTAIN PROPERTY zN THE NORTH cEj~; REZONING VER
ZONING DISTRICT TO CITy OF SEBASTIAN PS (PUBLIC
INDIAN RIVER COUNTy ROSE 4
SERVICE) ZONING DISTRICT; PROVIDING FOR REPEAL OF
ORDINANCEs OR PARTS OF ORDINANCEs iN CONFLICT
HEREWITH; PROVIDING FOR SEVERABiLiTy; AND PROVIDING
FOR AN EFFECTIVE DATE. (lst Reading 3/27/91 Letters
to Abutters 12/6/91, Advertised Legal NOtices
12/31/91, 2nd PH and Adoption 1/8/92}
C. ~NO.
Regulation---- ~ - Adult Entertainment
PUBLIC HEARING AND ADOPTION
AN ORDINANCE OF THE CITy OF SEBAS
COUNTy, FLORIDA, CREATING A NEW CTIAN' INDIAN RIVER
SEBASTIAN CODE OF ORDINANCEs OF T~P~yiO0FOF
SEBASTIAN, REGULATING ADULT BUSINESSEs WITHIN
CITy OF SEBASTIAN. FLORIDA; PROV THE
CONSTRUCTION; SE ' THE
FACT; PRO TTING FOR IDING SCO
Li~ .... ViDING DE ~ ..... TH PURPos .... PE AND
~m~ APp F~m~TION . E ~D FI
PROVIDT~,~ _L/CAT/oN Rm~..~_~, PROVIDIN~ .... NDINGs OF
IOENSING PROOED. TS AND FEE
PROVIDING REGULAT ~ AND ATM .....
~PEAL OF DENIAL ~%S_GOVERNiNG
~uzNISTRATION;
~CENsE; PROViDr~,~.~CENsE; PR GRANTI DENzAL A
CANCELLATION OF .~'u~m~ RENEWAL,
MAINTENANCE OF RECORDs AND RE~ENSE;
GOVERNING TRANSF
REQUIRE ER OF L REGULAT
MENTS FOP --- ICENsE; p~ .... IONS
DANCING ES REMENTS FO ~o; ~ROVIDING
T.,E OPHRATI~u ~ ~CTs AND
2 ~., u~ LICENSED
91.151
91.043
PREMISES UNLAWFUL; PROHIBITING THE SALE AND
CONSUMPTION OF ALCOHOLIC BEVERAGES ON LICENSED
PREMISES; PROVIDING PENALTIES FOR VIOLATION; VESTING
RESIDUAL POWER IN CITY COUNCIL; PROVIDING FOR THE
REPEAL OF SECTION 4-3 OF THE CODE OF ORDINANCES OF
THE CITY OF SEBASTIAN; PROVIDING FOR THE REPEAL OF
ORDINANCES OR PARTS OF. ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(lst Reading 11/13/91, Advertised Legal Notices
12/24/91, PH and Adoption 1/8/92)
ORDINANCE NO. O-91-14 - Adult Entertainment -
Amending Conditional Use Cri~er£a
PUBLIC HEARING AND ADOPTION
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ZONING; PROVIDING FOR
THE AMENDMENT OF THE LAND DEVELOPMENT CODE TO
REGULATE THE LOCATION OF ADULT ENTERTAINMENT
ESTABLISHMENTS; PROVIDING CONDITIONAL USE CRITERIA
FOR ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING
DEFINITIONS; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES iN CONFLICT HEREWITH; PROVIDING
FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE
CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading
11/13/91, Letters to Abutters and Affected Property
Owners 12/6/91, Advertised Legal Notices 12/24/91, PH
and Adoption 1/8/92)
ORDINANCE NO. O-91-29 - Charter Amendments -
Gender-Neutral Language - 3/10/92 Referendum
PUBLIC ~EARING AND ADOPTION FOR PLACEMENT ON 3/10/92
BALLOT
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND
PORTIONS OF THE CITY CHARTER; PROVIDING FOR GENDER-
NEUTRAL LANGUAGE WITH RESPECT TO MEMBERS OF THE CITY
COUNCIL; PROVIDING SPECIFICITY WITH RESPECT TO THE
TERM "COUNCIL"; PROVIDING FOR THE MANNER IN WHICH
SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME
AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING
THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING
THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS
WiTH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC
NOTICE OF SUCH ELECTION; PROVIDING FOR AN EFFECTIVE
DATE. (lst Reading 12/18/91, Advertised 12/24/91, PH
and Adoption 1/8/92)
3
91.043
ORDINANCE NO. 0-91-30 - Charter Amendments -
Document Signatures, City Council Vacancies, City
Council Meetings, Appointment of Standing
Committees, Regular & Special Meetings, Election
Issues - 3/10/92 Referendum
PUBLIC HEARING AND ADOPTION FOR PLACEMENT ON 3/10/92
BALLOT
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND
PORTIONS OF THE CITY CHARTER; AMENDING SECTION 2.06
OF THE CITY CHARTER PERTAINING TO THE DUTIES OF THE
MAYOR AND THE ELECTION OF A VICE MAYOR; PROVIDING
THAT THE MAYOR MAY SIGN ALL CONTRACTS, BONDS,
DEBENTURES, FRANCHISES AND OFFICIAL DOCUMENTS ON
BEHALF OF THE CITY; AMENDING SECTION 2.08(C) OF THE
CITY CHARTER PERTAINING TO THE APPOINTMENT OF
SUCCESSORS TO FILL VACANT CITY OFFICES; AUTHORIZING
THE CITY COUNCIL TO APPOINT SUCCESSORS TO SERVE UNTIL
THE NEXT REGULARLY SCHEDULED MUNICIPAL ELECTION;
AMENDING SECTION 2.12 OF THE CITY CHARTER PERTAINING
TO REGULAR AND SPECIAL MEETINGS OF THE CITY COUNCIL;
PROVIDING THAT THE CITY COUNCIL SHALL PRESCRIBE THE
TIMES AND PLACES OF SUCH MEETINGS BY RESOLUTION;
AMENDING SECTION 2.16 OF THE CITY CHARTER PERTAINING
TO STANDING COMMITTEES; AUTHORIZING THE CITY COUNCIL
TO APPOINT STANDING COMMITTEES; CREATING A NEW
SECTION 3.04(g) OF THE CITY CHARTER PERTAINING TO THE
POWERS AND DUTIES OF THE CITY MANAGER; AUTHORIZING
THE CITY MANAGER TO SIGN ALL CONTRACTS, BONDS,
DEBENTURES, FRANCHISES AND OFFICIAL DOCUMENTS ON
BEHALF OF THE CITY; PROVIDING FOR THE MANNER IN WHICH
SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME
AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING
THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING
THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS
WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC
NOTICE OF SUCH ELECTION; PROVIDING FOR AN EFFECTIVE
DATE. (lst Reading 12/18/91, Advertised 12/24/91, PH
and Adoption 1/8/92)
8. PUBLIC INPUT ON AGENDA ITEMS
9. CONSENT AGENDA
Approval of Minutes - 12/18/91 Regular Meeting,
12/30/91 Special Meeting
4
92.001
92.002
91.144/
92.003
91.194/
92.004
92.005
91.129
92.006
92.007
10.
Waive Bidding Procedure ~ Approve Purchase of
Four '92 Chevrolet Caprice Police Pursuit
Vehicles - Jerry Hamm Chevrolet of Jacksonville -
$49,884 (Staff Recommendation dated 12/17/91,
Chief of Police Memo dated 12/12/91)
Receive Code Enforcement Orders - Case Nos.
91-5643 (Bagby & Vereen) and 91-5853 (Romano)
Bid Award - Police Station Irrigation System Bids
- Clark Water Company - $6,745 (Staff
Recommendation dated 12/31/91, City Engineer Memo
dated 12/31/91, Bid Tabulation Form)
RESOLUTION NO. R-92-05 - Approval of Interlocal
Agreement with Indian River County for Curb-Side
Recycling (Staff Recommendation dated 12/30/91,
Brooks Letters dated 12/12/91 and 12/19/91,
Proposed Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, PERTAINING TO CURBSiDE RECYCLING;
PROVIDING AUTHORITY TO ENTER INTO AN AGREEMENT
WITH THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, TO JOINTLY DEVELOP AND
IMPLEMENT A CURBSIDE RECYCLING PROGRAM PURSUANT
TO THE SOLID WASTE MANAGEMENT ACT OF 1988;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING
FOR AN EFFECTIVE DATE.
St. Sebastian Catholic Church - Approve Permit
Fee Waiver (Staff Recommendation dated 1/2/92,
Dernbach Letter dated 12/31/91)
CAVCorp Purchase - Approve Disbursement of
$7,532.75 to Mahoney, Adams & Criser, P.A. -
Re: Barnett Bank Loan Legal Fees (City Manager
Recommendation dated 1/2/92, City Attorney Letter
dated 12/23/91, Wickersham Letter dated 12/17/91,
Invoice dated 12/17/91)
PRESENTATIONS
Edra Young - Federal Records Depository (City
Manager Recommendation dated 1/2/92)
11. MAYOR'S MATTERS
Request Non-Binding (Straw Vote) Referendum for
Cable TV, Water and Sewer (No Backup)
5
91.043
12.
13.
14.
15.
16.
17.
COUNCIL MATTERS
A. Vice Mayor Oberbeck
B. Councilman Holyk
C. Councilman Powell
D. Councilman Reid
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
COMMITTEE REPORTS/RECOMMENDATIONS
OLD BUSINESS - None
NEW BUSINESS
A.
ORDINANCE NO. 0-91-31 - Charter Amendments -
Elections - 3/10/92 Referendum (Staff
Recommendation dated 1/3/92)
1ST READING, SET PUBLIC HEARING 1/22/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND
PORTIONS OF'THE CITY CHARTER; AMENDING SECTION 4.06
OF THE CITY CHARTER PERTAINING TO ELECTION PRECINCTS
AND POLLING PLACES; PROVIDING THAT ELECTION PRECINCTS
AND POLLING PLACES SHALL BE ESTABLISHED BY THE
SUPERVISOR OF ELECTIONS FOR INDIAN RIVER COUNTY,
FLORIDA; AUTHORIZING THE CITY COUNCIL TO ESTABLISH
ELECTION PRECINCTS AND POLLING PLACES IN THE EVENT
THE SUPERVISOR OF ELECTIONS FOR INDIAN RIVER COUNTY
FAILS TO PERFORM SUCH DUTIES; AMENDING SECTION 4.07
OF THE CITY CHARTER PERTAINING TO THE ADOPTION OF
NECESSARY ARRANGEMENTS FOR HOLDING ALL CITY
ELECTIONS; PROVIDING THAT THE CITY COUNCIL SHALL MAKE
ALL THE NECESSARY ARRANGEMENTS FOR CITY ELECTIONS IN
CONJUNCTION WITH THE CITY CLERK THROUGH RESOLUTION;
AMENDING SECTION 4.08 OF THE CITY CHARTER PERTAINING
TO THE CANVASSING OF ELECTION RETURNS;'AUTHORIZING
THE CITY CLERK TO APPOINT A CITY ELECTION CANVASSING
BOARD IN THE EVENT THE SUPERVISOR OF ELECTIONS FOR
INDIAN RIVER COUNTY, FLORIDA, FAILS TO APPOINT SUCH A
BOARD; PROVIDING PROCEDURES FOR CONVENING THE CITY
CANVASSING BOARD AND RECORDING RESULTS OF THE BOARD;
PROVIDING FOR A SPECIAL MEETING OF THE CITY COUNCIL
91.045/
92.008
92.009
FOR THE PURPOSES OF RECEIVING RESULTS OF THE CITY
CANVASSING BOARD, DECLARING ELECTION RESULTS AND
ADMINISTERING OATHS OF OFFICE TO NEWLY ELECTED
CITY OFFICIALS; AMENDING SECTION 4.09 OF THE CITY
CHARTER PERTAINING TO BALLOTS; PROVIDING THAT BALLOTS
SHALL CONFORM TO THE FORM OF BALLOTS PRESCRIBED BY
THE GENERAL ELECTION LAW OF THE STATE OF FLORIDA;
PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL
BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR
HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE
BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO
PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF
THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH
ELECTION; PROVIDING FOR AN EFFECTIVE DATE. (lst
Reading 12/18/91, Advertised 12/24/91, PH for 1/8/92
Cancelled Due to Incorrect Advertisement, 1st Reading
1/8/92)
RESOLUTION NO. R-92-01 - Non-Binding (Straw
Ballot) Referendum - CR 512 Twin Pairs - 3/10/92
Election (Staff Recommendation dated 1/2/91, City
Attorney Letter dated 12/20/91, R-92-01)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A NON-BINDING (STRAW
BALLOT) REFERENDUM; PROVIDING FOR THE SCHEDULING OF A
NON-BINDING (STRAW BALLOT) REFERENDUM IN THE CITY OF
SEBASTIAN ON THE 10TH DAY OF MARCH, 1992, ON THE
QUESTION OF WHETHER THE BOARD OF COUNTY COMMISSIONERS
FOR iNDIAN RIVER COUNTY, FLORIDA, SHOULD PROCEED WITH
THE CONSTRUCTION OF A TWiN PAIRS CONCEPT FOR THE
EASTERN PORTION OF COUNTY ROAD 512; PROVIDING FOR THE
MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED;
PROVIDING THE TIME AND PLACES FOR HOLDING SUCH
ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR
SUCH ELECTION; DIRECTING THE CiTY CLERK TO PROVIDE
THE SUPERVISOR OF ELECTIONS WITH A COPY OF THE
RESOLUTION; PROVIDING FOR PUBLIC NOTICE OF SUCH
ELECTION; PROVIDING FOR AN EFFECTIVE DATE.
(Discussion 12/11/91)
18. WORKSHOP ITEMS
Request for Proposal for Trash Collection -
Exclusive Franchise (Staff Recommendation dated
1/2/92, Proposed RFP w/ Addendem)
92.010
19.
ORDINANCE NO. 0-91-21 - Airport Zoning
Regulations (Staff Recommendation dated 12/31/91,
0-91-21, P & Z Memo dated 12/10/91, Rebull Letter
dated 12/20/91)
REVIEW AND SET FIRST READING FOR 1/22/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE V, SECTION 20A-5.15
OF THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN, RELATING TO AIRPORT HAZARDS AND USES OF
LAND IN AIRPORT VICINITIES; PROVIDING REGULATIONS
RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF
NATURAL GROWTH IN AND AROUND THE SEBASTIAN MUNICIPAL
AIRPORT; PROVIDING FOR REGULATIONS RESTRICTING
AIRPORT LAND USE; PROHIBITING RESIDENTIAL
CONSTRUCTION WITHIN NOISE IMPACTED AREAS IN PROXIMITY
OF THE AIRPORT; PROVIDING PROCEDURES FOR GRANTING
VARIANCES; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE
CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-$0
Limit of Ten Minutes for Each Speaker)
20. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COUNCIL WITH RESPECT TO ANY MATTER 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 THE APPEAL
IS TO BE HEARD. (286.0105 F.S.)
8
ORDINANCE NO.: 0-91-10
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A CHANGE IN THE
COMPREHENSIVE LAND USE PLAN; AMENDING THE COMPREHENSIVE
LAND USE PLAN MAP FROM INDIAN RIVER COUNTY MD-1 (MEDIUM
DENSITY) DISTRICT TO CITY OF SEBASTIAN INS
(INSTITUTIONAL) DISTRICT FOR LAND SITUATED iN THE NORTH
CENTRAL AREA OF THE CITY, APPROXIMATELY 2.65 ACRES MORE
OR LESS, LOCATED ON GIBSON STREET; PROVIDING FOR A COPY
OF THE DESIGNATION CHANGE TO THE COMPREHENSIVE LAND USE
PLAN MAP TO BE FORWARDED TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, COLUMBUS CLUB OF SEBASTIAN, INC., the owner of the
parcel of real property described herein has applied to the City
of Sebastian for an amendment to the current land use
designation; and
WHEREAS, on February 7, 1991, the Planning and Zoning
Commission conducted a public hearing on the requested amendment
to the Comprehensive La~d Use Plan amendment and has submitted a
recommendation in favor of the proposed change of the
Comprehensive Land Use Plan to the City Council; and
WHEREAS, the City Council has provided notice of the
proposed change to the existing Comprehensive Land Use Plan and
conducted a public hearing to receive citizen input; and
WHEREAS, the City Council has considered the provisions of
the existing Comprehensive Land Use Plan together with the
recommended findings and recommendations of its staff and the
Planning and Zoning Commission; and
WHEREAS, the City Council has determined that the requested
change in the Comprehensive Land Use Plan is consistent with the
future development of the area where the sub3ect property is
located.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. PROPERTY. That the land use change enacted
by the adoption of this Ordinance shall apply to the following
described real property:
Lot 17 in Section 30, all according to
Berry's Subdivision of the Carter Survey of
the Fleming Grant, Township 30 South, Range
38 East, Less and except the South 320 feet
and Less and except for private and public
roadways the Northwest 20 feet from said Lot
17, in Section 30; also the Northeast 20 feet
from said Lot 17 in Section 30. Said land
lying and being in Indian River County,
Florida.
Section 2. DESIGNATION. That the Comprehensive Land
Use Plan Map shall be amended to reflect a designation of INS
(Institutional) for the real property that is the subject of this
Ordinance.
Section 3. NOTIFICATION. That the City Clerk shall
send a certified copy of this Comprehensive Land Use Plan Map
designation change to the Florida Department of Community
Affairs.
Section 4. CONFLICT. Ail ordinances or Darts of
ordinances in conflict herewith are hereby repealed.
Section 5. SEVERABILITY. In the event a court of
competent 3urisdiction shall hold or determine that any part of
this Ordinance is invalid or unconstitutional, the remainder of
the Ordinance shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
2
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Ordinance without said invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Section 6. EFFECTIVE DATE. This Ordinance shall take
effect immediately upon final passage.
The foregoing Ordinance was moved for adoption by
Councilman
by Councilman
vote, the vote was as follows:
. The motion was seconded
and, upon being put to a
Mayor W. E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George G. Reid
The Mayor thereupo~ declared this Ordinance duly passed and
adopted this day of , 1991.
ATTEST:
CITY OF SEBASTIAN, FLORIDA
By:
W. E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
3
I HEREBY CERTIFY that notice of'public hearing on this
Ordinance was published in the Vero Beach Press Journal as
required by State Statute, that the firstlpublic he~rinq was held
on this Ordinance at 7:00 p.m. on the.~-day of~ ,
1991, that a second public hearing was held on this Ordinance at
7:00 p.m. on the day of , 1991, and that following
the following the second public hearing this Ordinance was passed
by the City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
4
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Fleming Dr
ORDINANCE NO.: 0~91-11
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ZONING; REZONING CERTAIN
PROPERTY IN THE NORTH CENTRAL AREA OF THE CITY,
APPROXIMATELY 2.65 ACRES MORE OR LESS, LOCATED ON GIBSON
STREET, FROM INDIAN RIVER COUNTY ROSE 4 ZONING DISTRICT
TO CITY OF SEBASTIAN PS (PUBLIC SERVICE) ZONING DISTRICT;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING POR AN EFFECTIVE DATE.
WHEREAS, COLUMBUS CLUB OF SEBASTIAN, INC., the owner of the
parcel of real property described herein, has applied to the City
of Sebastian for an amendment to the current zoning classification;
and
WHEREAS, on February 7,
Commission conducted a public
1991, the Planning and Zoning
hearing on the requested zoning
change and has submitted a recommendation in favor of the proposed
change of zoning to the City Council; and
WHEREAS, the City Council has provided notice of the proposed
zoning change and conducted a public hearing to receive citizen
input; and
WHEREAS, the City Council
identified in Section 20A-11.6(C)
has considered the criteria
of the Land Development Code
together with the recommended findings and recommendations of its
staff and the Planning and Zoning Commission; and
WHEREAS, the City Council has determined that the requested
change in zoning is consistent with the Comprehensive Land Use
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. PROPERTY. That the change in zoning
classification created by the adoption of this Ordinance shall
apply to the following described real property:
Lot 17 in Section 30, all according to Berry's
Subdivision of the Carter Survey of the
Fleming Grant, Township 30 South, Range 38
East, Less and except the South 320 feet and
Less and except for private and public
roadways the Northwest 20 feet from said Lot
17, in Section 30; also the Northeast 20 feet
from said Lot 17 in Section 30. Said land
lying and being in Indian River County,
Florida.
Section 2. DISTRICT. That the real property described
in this Ordinance is hereby rezoned from Indian River County zoning
district Rose 4 to City zoning district PS (Public Service). The
official City Zoning Map shall be amended to reflect this change
in zoning district.
Section 3. CONFLICT. All ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 4. SEVERABILITY, In the event a court of
competent jurisdiction shall hold or determine that any part of
this Ordinance is invalid or unconstitutional, the remainder of
the Ordinance shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Ordinance without said invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 5. EFFECTIVE DATE. This Ordinance shall take
effect immediately upon final passage.
2
The foregoing Ordinance was moved for adoption by
Councilman
. The motion was seconded
by Councilman
vote, the vote was as follows:
Mayor w. E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George G. Reid
and, upon being put to a
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1991.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
W. E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as required
by State Statute, that one public hearing was held on this
Ordinance at 7:00 p.m. on the day of , 1991, and
that following said public hearing this Ordinance was passedby the
City Council.
Kathryn M. O'Halloran, CMC/)~AE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
ORDINANCE NO..' 0-91-13
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, CREATING A NEW CHAPTER
10 OF THE SEBASTIAN CODE OF ORDINANCES OF THE
CITY OF SEBASTIAN, REGULATING ADULT BUSINESSES
WITHIN THE CITY OF SEBASTIAN, FLORIDA;
PROVIDING SCOPE AND CONSTRUCTION; SETTING
FORTH PURPOSE AND FINDINGS OF FACT; PROVIDING
DEFINITIONS; PROVIDING BUSINESS LICENSE
APPLICATION REQUIREMENTS AND FEE THEREFOR;
PROVIDING LICENSING PROCEDURES AND
ADMINISTRATION; PROVIDING REGULATIONS
GOVERNING GRANT, DENIAL ~tND APPEAL OF DENIAL
OF LICENSE; PROVIDING FOR TERM OF LICENSE;
PROVIDING REGULATIONS GOVERNING RENEWAL,
EXPIRATION AND CANCELLATION OF LICENSE;
REQUIRING MAINTENANCE OF RECORDS AND REPORTS
BY LICENSEE; PROVIDING REGULATIONS GOVERNING
SUSPENSION ~ REVOCATION OF LICENSE;
PROVIDING REGULATIONS GOVERNING TRANSFER OF
LICENSE; PROVIDING GENERAL REQUIREMENTS FOR
ALL LICENSED PREMISES; PROVIDING ADDITIONAL
REQUIREMENTS FOR ADULT THEATERS AND ADULT
DANCING ESTABLISHMENTS; MAKING CERTAIN ACTS
AND OMISSIONS RELATING TO THE OPERATION OF
LICENSED PREMISES UNLAWFUL; PROHIBITING THE
SALEAND CONSUMPTION OF ALCOHOLIC BEVERAGES ON
LICENSED PREMISES; PROVIDING PENALTIES FOR
VIOLATION; VESTING RESIDUAL POWER IN CITY
COUNCIL; PROVIDING FOR THE REPEAL OF SECTION
4-3 OF THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; PROVIDING FOR THE REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE CODE
OF ORDINANCES OF THE CITY OF SEBASTIAN;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian, Indian River County, Florida,
may lawfully regulate certain activities related to adult enter-
tainment establishments; and
WHEREAS, the prohibition and regulation of the public display
of nude conduct or sexual behavior or the simulation thereof, and
the graphic depiction of nude and sexual conduct in such esta-
blishments, will promote the general health, safety and welfare of
the public and further promote and enhance the development of
residential areas and businesses other than said establishments
within the city; and
WHEREAS, the establishment of an Adult Entertainment Code is
necessary in order to better promote and protect the health,
safety, welfare and prosperity of the public and citizens of the
City of Sebastian.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CiTY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
seotlon 1. Chapter 10, Code of Ordinances of the City of
Sebastian, commonly known as the Adult Entertainment Code, is
hereby created to read as follows:
"CHAPTER 10
ADULT ENTERTAINMENT CODE
ARTICLE I. ~ENERAL PROVISIONS
Sec. 10-1.1. Title.
known and may be
Entertainment Code."
This Chapter shall be
cited as the "Adult
Sec. 10-1.2. Authority. The Adult
Entertainment Code is enacted pursuant to
Chapter 166, Florida Statutes, and in the
interest of the health, peace, safety, morals,
and general welfare of the people of
Sebastian.
Sec. 10-2. Construction. The Adult
Entertainment Code shall be liberally
construed to accomplish its purpose of
licensing and regulating adult entertainment
and related activities. Unless otherwise
indicated, all provisions of this Code shall
apply equally to all persons, regardless of
sex. Masculine pronouns, such as "he," "his,"
and "him," as employed in this Code, shall
also be construed to apply to feminine
pronouns and neutral pronouns, unless the
context suggests otherwise. Words used in the
2
singular number shall include the plural
number, unless the context suggests otherwise.
Sec. 10-3. P~.rDose. The intent of the city
Council of the city of Sebastian, Indian River
County, Florida, in adopting the Adult
Entertainment Code is to establish reasonable
and uniform regulations that will protect the
health, safety, morals and general welfare of
the people of Sebastian, Florida.
S~c. ~0-4. Fi~dinqs of Fact. Based upon
evidence and testimony presented at public
hearings before the city Council of the City
of Sebastian, and on the findings incorporated
in "A Summary of a National Survey of Real
Estate Appraisers Regarding the Effect of
Adult Bookstores on Property Values,"
conducted by the Division of Planning,
Department of Metropolitan Development,
Indianapolis, January 1984, the city Council
hereby finds:
(a) Establishments exist or may exist
within the City of Sebastian, where books,
magazines, motion pictures, prints,
photographs, periodicals, records, novelties
and/or devices which depict, illustrate,
describe or relate to specified sexual
activities are possessed, displayed,
exhibited, distributed and/or sold.
(b) Establishments exist or may exist
within the City of Sebastian:
(1) where dancers, entertainers,
performers, or other individuals, who, for any
form of commercial gain, perform or are
presented while displaying or exposing any
specified anatomical area; or
(2) where straddle dancing occurs.
(c) The activities described in
subsections (a) and (b) occur at establish-
ments for the purpose of making a profit and,
as such, are subject to regulation by the city
of Sebastian in the interest of the health,
safety, morals and general welfare of the
people of the City of Sebastian.
3
(d) When the activities described in
subsections (a) and (b) are present in esta-
blishments, other activities which are
illegal, immoral, or unhealthful tend to
accompany them, concentrate around them, and
be aggravated by them. Such other activities
include, but are not limited to, prostitution,
pandering, solicitation for prostitution, lewd
and lascivious behavior, exposing minors to
harmful materials, possession, distribution
and transportation of obscene materials, sale
or possession of controlled substances, and
violent crimes against persons and property.
(e) When the activities described in
subsections (a) and (b) are present in
establishments, they tend to attract an
undesirable number of transients, blight
neighborhoods, adversely affect neighboring
businesses, lower real property values,
promote crime, particularly the kinds detailed
in subsection (d), and ultimately lead
residents and businesses to move to other
locations.
(f) The establishments in which the
activities described in subsections (a) and
(b) occur are usually constructed, in part or
in whole, of substandard materials, and are
usually maintained in a manner reflecting
disregard for the health and safety of the
occupants.
(g) The activities described in
subsections (a) and (b) frequently occur in
establishments concurrent with the sale and/or
consumption of alcoholic beverages.
(h) The concurrence of the sale and/or
consumption of alcoholic beverages with the
activities described in subsections (a) and
(b) leads to an increase in criminal activity,
moral degradation and disturbances of the
peace and order of the City of Sebastian.
(i) The concurrence of the sale and/or
consumption of alcoholic beverages with the
activities described in subsections (a) and
(b) is hazardous to the health and safety of
those persons in attendance, depreciates the
value of adjoining real property, harms the
economic welfare of the City of Sebastian, and
4
adversely affects the public's interest in the
quality of life, tone of commerce, and
community environment in the city of
Sebastian.
(j) In order to preserve and safeguard
the health, safety, morals and general welfare
of the people of the City of Sebastian, it is
necessary and advisable for the City of
Sebastian to regulate the sale and/or
consumption of alcoholic beverages at
establishments where the activities described
in subsections (a) and (b) occur.
(k) Employees of establishments at which
the activities described in subsections (a)
and (b) occur engage in a higher incidence of
certain types of criminal behavior than
employees of other establishments.
(1) Physical contact within establish-
ments at which the activities described in
subsections (a) and (b) occur between
employees exhibiting specified anatomical
areas and customers poses a threat to the
health of both and promotes the spread of
communicable and social diseases.
(m) In order to preserve and safeguard
the health, safety, morals and general welfare
of the people of the City of Sebastian, it is
necessary and advisable for the City of
Sebastian, to regulate the conduct of owners,
managers, operators, agents, employees, enter-
tainers, performers, and customers at esta-
blishments where the activities described in
subsections (a) and (b) occur.
(n) The potential dangers to the health,
safety, morals, and general welfare of the
people of the City of Sebastian, posed by
permitting an establishment at which the
activities described in subsections (a) and
(b) occur to operate without first obtaining
a license under this Code are so great as to
require the licensure of such establishments
prior to their being permitted to operate.
(o) Requiring licensees of establish-
ments at which the activities described in
subsections (a) and (b) occur to keep a list
of information concerning current employees
5
and certain past employees will help reduce
the incidence of certain types of criminal
behavior by facilitating the identification of
potential witnesses or suspects, and by
preventing minors from working in such
establishments.
(p) "Straddle dancing" does not contain
any element of communication, and is therefore
conduct rather than expression.
(q) "Straddle dancing" in establishments
poses a threat to the health of the partici-
pants and promotes the spread of communicable
and social diseases.
Sec. 10-5. Definitions.
Entertainment Code, unless
suggests otherwise:
In the Adult
the context
(a) "Adult Bookstore" means an
establishment that sells or! rents adult
material, unless the adult material is
accessible only by employees and either the
gross income from the sale and/or rental of
adult material comprises less than ten percent
(10%) of the gross income from the sale and/or
rental of goods and/or services at the esta-
blishment, or the individual items of adult
material offered for sale and/or rental
comprises less than twenty-five percent (25%)
of the individual items publicly displayed at
the establishment as stock in trade in any of
the following categories: books, magazines,
periodicals, or other printed matter, or
photographs, films, motion pictures, video
cassettes, slides, or other visual repre-
sentations, or recordings or other audio
matter. It is an affirmative defense to an
alleged violation of this Code regarding
operation of an adult bookstore without an
adult entertainment license if the alleged
violator shows that the adult material is
accessible only by employees and either the
gross income from the sale and/or rental of
adult material comprises less than ten percent
(10%) of the gross income from the sale and/or
rental of goods and/or services at the esta-
blishment, or the individual items of adult
material offered for sale and/or rental
comprise less than twenty-five percent (25%)
of the individual items publicly displayed at
6
the establishment as stock in trade in any of
the following categories: books, magazines,
periodicals, or other printed matter, or
photographs, films, motion pictures, video
cassettes, slides, or other visual repre-
sentations, or recordings, or other audio
matter.
(b) "Adult Booth" means a small
enclosure inside an adult entertainment esta-
blishment accessible to any person, regardless
of whether a fee is charged for access. The
term "adult booth" includes, but is not
limited to, a "peep show" booth, or other
booth used to view "adult material." The term
"adult booth" does not include a foyer through
which any person can enter or exit the esta-
blishment, or a restroom.
(c) "Adult Dancing Establishment" means
an establishment where any employee:
(1) displays or exposes any
specified anatomical areas to a person other
than another employee, regardless of whether
the employees actually engages in dancing, or
(2) wears any covering, tape,
pastie or device which simulates or otherwise
gives the appearance of the display or
exposure of any specified anatomical area,
regardless of whether the employee actually
engages in dancing, and
(3) offers, solicits, or contracts
to dance with a person other than another
employee in consideration for any tip,
remuneration or compensation from or on behalf
of that person;
(4) dances with a person other than
another employee in consideration for any tip,
remuneration or compensation from or on behalf
of that person, or
(5) dances within three (3) feet of
a person other than another employee in
consideration for any tip, remuneration or
compensation from or on behalf of that person.
(d) "Adult Entertainment Establishment"
means an adult theater, an adult bookstore, an
7
adult motel or an adult dancing establishment
operated for commercial or pecuniary gain.
("Operated for commercial or pecuniary gain"
shall not depend upon actual profit or loss.
Also, "operated for commercial or pecuniary
gain" shall be presumed where the
establishment has an occupational license.)
An establishment with an adult entertainment
license is presumed to be an adult
entertainment establishment.
(e) "Adult Material" means any one or
more of the following, regardless of whether
it is new or used:
(1) Books, magazines, periodicals
or other printed matter, or photographs,
films, motion pictures, video cassettes,
slides, or other visual representations, or
recordings, or audio matter, that have as
their primary or dominant theme matter
depicting, illustrating, describing or
relating to specified sexual activities or
specified anatomical areas; or
(2) Instruments, novelties, devices
or paraphernalia which are designed for use in
connection with specified sexual activities.
(f) "Adult Motel" means a motel, as
defined in Section 20A-12.2 of the Land
Development Code of the City of Sebastian,
used for viewing by persons of films, motion
pictures, video cassettes, slides or other
photographic reproductions which have as their
primary or dominant theme matters depicting,
illustrating or relating to specified sexual
activities or specified anatomical areas.
(g) "Adult Theater" means an establish-
ment which, except as set forth in the final
sentence of this paragraph, consists of an
enclosed building, or a portion or part of an
enclosed building, or an open-air area used
for viewing by persons of films, motion
pictures, video cassettes, slides, or other
photographic reproductions which have as their
primary or dominant theme matters depicting,
illustrating or relating to specified sexual
activities or specified anatomical areas. An
establishment which has "adult booths" is
considered to be an "adult theater."
8
(h) "Alcoholic Beverage" means a
beverage containing more than 1% of alcohol by
weight.
(1) It shall be prima-facie
evidence that a beverage is an alcoholic
beverage if there is proof that the beverage
in question was or is known as whiskey,
moonshine whiskey, shine, rum, gin, tequila,
vodka, scotch, scotch whiskey, brandy, beer,
malt liquor, wine or by any other similar name
or names, or was contained in a bottle or can
labeled as any of the above names, or a name
similar thereto, and the bottle or can bears
the manufacturer's insignia, name or
trademark.
(2) Any person who, by experience
in the handling of alcoholic beverages, or who
by taste, smell, or drinking of such alcoholic
beverages has knowledge of the alcoholic
nature thereof, may testify as to his opinion
about whether such beverage is an alcoholic
beverage.
(i) "Council" means the City Council of
the City of Sebastian, Indian River County,
Florida.
(J)
Code.
"Code" means the Adult Entertainment
(k) "Conviction" means a determination
of guilt resulting from a plea or trial,
regardless of whether adjudication was
withheld or whether imposition of sentence was
suspended.
(1)
Department,
Department,
directors,
thereof.
"Department" means the Finance
Building Department, Police.
including the respective
employees officers and agents
(m) "Employee" means a person who works
or performs in an adult entertainment esta-
blishment, irrespective of whether said person
is paid a salary or wage.
(n) "Establishment" means a site or
premises, or portion thereof, upon which
9
certain activities or operations are conducted
for commercial or pecuniary gain. ("Operated
for commercial or pecuniary gain" shall not
depend upon actual profit or loss. Also,
"operated for commercial or pecuniary gain"
shall be presumed where the establishment has
an occupational license.)
(o) "Inspector" means an employee or
officer of the Community Development
Department or Police Department who inspects
premises licensed under this Code and takes or
requires the actions authorized by this Code
in case of violations being found on licensed
premises, and who also inspects premises
seeking to be licensed under this Code and
takes or requires corrections of
unsatisfactory conditions found on the
premises.
(p) "Law enforcement officer" means an
officer who is on official duty for the Police
Department of the City of Sebastian.
(q) "Licensee" means any person whose
application for an adult entertainment esta-
blishment has been granted and who owns,
operates or controls the establishment.
(r) "Operator" means any person who
engages in or performs any activity which is
necessary to or which facilitates the
operation of an adult entertainment establish-
ment, including but not limited to, the
licensee, manager, owner, doorman, bartender,
disc jockey, sales clerk, desk clerk, ticket
taker, movie projectionist, or supervisor.
(s) "Person" includes, but is not
limited to, individuals, associations, joint
ventures, partnerships, estates, trusts,
business trusts, syndicates, fiduciaries,
corporations, and any other similar entities.
(t) "Private performance" means the
display or exposure of any specified
anatomical area by an employee of an adult
entertainment establishment to a person other
than another employee while the person is in
an area not accessible during such display to
all other persons in the establishment, or
while the person is in an area in which the
10
person is totally or partially screened or
partitioned during such display from the view
of all persons outside the area.
(u) ,,Prohibited Signs" means any sign
that provides a visual representation that has
as its primary or dominant theme matter
depicting, illustrating, describing or
relating to specified sexual activities or
specified anatomical areas, as well as any
other signs that are prohibited by the Sign
Ordinance of the city of Sebastian, Florida.
(v) "Specified anatomical areas" means:
(1) less than completely and
opaquely covered:
(A)
human genitals or pubic
region; or
(B)
cleavage of the human
buttocks; or
(C) that portion of the human
female breast encompassed within an area
falling below the horizontal line one would
have to draw to intersect a point immediately
above the top of the areola (the colored ring
around the nipple). This definition shall
include the entire lower portion of the human
female breast, but shall not include any
portion of the cleavage of the human female
breast exhibited by a dress, blouse, shirt,
leotard, bathing suit, or other wearing
apparel, provided the areola is not so
exposed.
(2) human male genitals in a
discernibly turgid state, even if completely
and opaquely covered.
(w) "Specified criminal act" means:
(i)
A criminal violation of this
Code;
(2) Any felony;
(3) An offense under Chapter 794,
Florida Statutes (Sexual Battery);
11
(4) An offense under Chapter 796,
Florida Statutes (Prostitution);
Florida
Exposure);
(5) An offense under Chapter 800,
Statutes (Lewdness; Indecent
(6) An offense under Chapter 826,
Florida Statutes (Bigamy, Incest);
(7) An offense under Chapter 847,
Florida Statutes (Obscene Literature;
Profanity); or
(8) An offense under an analogous
federal law, statute of a state other than
Florida, or under an analogous ordinance of
another county or city.
(x) "Specified sexual activity" means:
(1) human genitals in a state of
sexual stimulation, arousal or tumescence; or
(2) acts of human analingus,
beastiality, buggery, cunnilingus, coprophagy,
coprophilia, fellation, flagellation,
masochism, masturbation, necrophilia,
pederasty, pedophilia, sadism, sadomasochism,
sapphism, sexual intercourse, sodomy,
urolagnia or zooerasty; or
(3) fondling or other
touching of human genitals, pubic
buttock, anus or female breast; or
erotic
region,
(4) excretory functions as part of
or in connection with any of the activities
set forth in subsections (1) through (3).
(y) "Straddle dance," also known as a
"lap dance" or "face dance," means either of
the following acts:
(1) A "straddle dance" means either
the use by an employee of any part of his or
her body to touch the genital or pubic area of
a person while at the establishment, or the
touching of the genital or pubic area of any
employee with a person while at the establish-
ment. It shall be a "straddle dance" regard-
less of whether the "touch" or "touching"
12
occurs while the employee is displaying or
exposing any specified anatomical area. it
shall also be a "straddle dance" regardless of
whether the "touch" or "touching" is direct or
through a medium.
(2) A "straddle dance" means the
straddling of the legs of an employee over any
part of the body of a person other than
another employee at the establishment while
the employee is displaying or exposing any
specified anatomical area, regardless of
whether there is a "touch" or "touching."
Sec. 10-6. Requlation of Obscenity Su~ect to
State Law. It is not the intent of the city
Council to legislate with respect to matters
of obscenity. These matters are regulated by
state law, including Chapter 847, Florida
Statutes.
Sec. 10-7. Regulation of Massaq.e Establish-
ments Subject to State Law. It is not the
intent of the City Council to legislate with
respect to matters of massage establishments.
These matters are regulated by state agency,
the Department of Professional Regulation,
Board of Massage, and by state law, Chapter
480, Florida Statutes.
Sec. 10-8. Severabilit¥. If any portion of
this Code, or any application thereof is
declared to be void, unconstitutional or
invalid for any reason, such portion or
provision, or the application thereof, shall
be severable from this Code. The remaining
portions and provisions of this Code, and all
applications thereof shall remain in full
force and effect.
ARTICLE II. LICENSING PROVISIONS
Sec. 10-9. Responsibilities of city Council.
Finance Department, Police Department and
Community Development Department. Ultimate
responsibility for the administration of this
Code is vested in the Council. The Finance
Department is responsible for granting,
denying, revoking, renewing, suspending, and
cancelling adult entertainment licenses for
proposed or existing adult entertainment
establishments. The Police Department is
13
responsible for verifying information
contained on an application pursuant to
Section 10-11 of this Code, for inspecting any
proposed, licensed, or non-licensed
establishment in order to ascertain whether it
is in compliance with applicable criminal
statutes and ordinances, including those set
forth as ARTICLE V of this Code, and for
enforcing applicable criminal statutes and
ordinances, including those set forth as
ARTICLE V of this Code. The Community
Development Department is responsible for
inspecting any proposed establishment for
which a license is being applied for or any
licensed establishment in order to ascertain
whether it complies with or is complying with
ARTICLE IV of this Code and all applicable
building, fire and health codes, statutes,
ordinances, and regulations in effect in the
City of Sebastian. The Community Development
Department is also responsible for
ascertaining whether a proposed establishment
for which a license is being applied for
complies with all applicable zoning
regulations in effect in the City of
Sebastian, and whether a licensed establish-
ment is complying with ARTICLE IV of this Code
and all applicable zoning regulations and land
use laws in effect in the City of Sebastian.
Sec. 10-10. Adult Entertainment License
Required;..Classification of.
(a) Requir.~ment. No adult entertain-
ment establishment shall be permitted to
operate without having been first granted an
adult entertainment license by the Finance
Department under this Code.
(b) ~lassifications. Adult entertain-
ment establishment licenses referred to in
this Code shall be classified as follows:
(1) adult bookstore;
(2) adult theater;
(3) adult dancing establishment; or
(4) adult motel.
14
(c) sinqle Classification of License.
An adult entertainment license for a
particular adult entertainment establishment
shall be limited to one classification of
license.
Sec. 10-1%. ADplication Required for Adult
Entertainment License; Contents of~. Applic~r
tion Fee: Re~ection of IDcomplete..Applica-
tion; Consent by ADDlica~.
(a) Required. Any person desiring to
operate an adult entertainment establishment
shall file with the Finance Director a sworn
license application on a standard application
form supplied by the Finance Director.
(b) Contents of .... APPlication. The
completed application shall contain the
following information and shall be accompanied
by the following documents:
(1) if the applicant is:
(A) an individual, the
individual shall state his legal name and any
aliases and submit satisfactory proof that he
is at least eighteen (18) years of age; or
(B) a partnership, the
partnership shall state its complete name, and
the names of all partners, whether the
partnership is general or limited, and, if in
existence, a copy of the partnership agree-
ment; or
(C) a corporation, the
corporation shall state its complete name, the
date of its incorporation, evidence that the
corporation is in good standing, the names and
capacity of all officers, directors and
principal stockholders, and, if applicable,
the name of the registered corporate agent and
the address of the registered office for
service of process;
(2) if the applicant intends to
conduct the establishment under a name other
than that of the applicant, the establish-
ment's fictitious name registration pursuant
to Section 865.09, Florida Statutes (1990
Supp.);
15
(3) whether the applicant or any of
the other individuals listed pursuant to
subparagraph (1) has had a previous license
under this Code suspended or revoked,
including the name and location of the
establishment for which the license was
suspended or revoked, as well as the date of
the suspension or revocation, and whether the
applicant or any other individual listed
pursuant to subparagraph (1) has been a
partner in a partnership or an officer,
director or principal stockholder of a
corporation whose license under this Code has
previously been suspended or revoked,
including the name and location of the
establishment for which the license was
suspended or revoked, as well as the date of
the suspension or revocation;
(4) whether the applicant or any
other individual listed pursuant to subpara-
graph (1) holds any other licenses under this
Code and, if so, the names and locations of
such other licensed establishments;
(5) the single classification of
license for which the applicant is filing;
(6), the location of the proposed
establishment, including a legal description
of the property site, and a legal street
address;
(7) the applicant's mailing
address, residential address, and residential
telephone number (if any);
(8) a site plan drawn to appro-
priate scale of the proposed establishment,
including, but not limited to: (A) all
property lines, rights-of-way, and the
location of buildings, parking areas and
spaces, curb cuts, and driveways; (B) all
windows, doors, entrances and exits, fixed
structural features, walls, stages,
partitions, projection booths, admission
booths, adult booths, concession booths,
stands, counters and similar structures; (C)
all proposed improvements or enlargements to
be made, which shall be indicated and cal-
16
culated in terms of percentage of increase in
floor size;
(9) a recent photograph of the
applicant; and
(10) either the applicant's
driver's license number or his state or
federally-issued identification card number.
(c) ADDlication Fee. Each application
shall be accompanied by a nonrefundable fee of
Two Hundred Dollars ($200.00). If the
application for a license is approved and a
license is granted, the fee shall be applied
as a credit towards the annual license fee
required for the first year pursuant to
section 10-15 of this Code.
(d) Incomplete application. In the
event the Finance Director determines or
learns at any time that the applicant has not
properly completed the application for a
proposed establishment, he shall promptly
notify the applicant of such fact and shall
allow the applicant ten (10) days to properly
complete the application. (The time period
for granting or denying a license under
section 10-13 shall be stayed during the
period in which the applicant is allowed an
opportunity to properly complete the
application.)
(e) Consent. By applying for a license
under this Code, the applicant shall be deemed
to have consented to the provisions of this
Code and to the exercise by the Finance
Director and other City Departments of their
respective responsibilities under this Code.
Sec. 10-12. Investigation of Application.
(a) Upon receipt of an application
properly filed with the Finance Director and
upon payment of the nonrefundable application
fee, the Finance Director shall immediately
stamp the application as received and shall
immediately thereafter send photocopies of the
application to the Police Department and the
Community Development Department. Each
department shall promptly conduct an
investigation of the applicant, the
17
application and the proposed establishment in
accordance with its responsibilities
summarized in section 10-9 of this Code. At
the conclusion of its investigation, each
department shall indicate on the photocopy of
the application its approval or disapproval of
the application, date it, sign it, and, in the
event it disapproves, it shall so state its
reasons.
(b) A department shall disapprove an
application if it finds that the proposed
establishment will be in violation of any
provision of ARTICLE IV of this Code or of any
building, fire, health, or zoning statute,
code, ordinance, or regulation. After its
indication of approval or disapproval, each
department shall immediately return the
photocopy of the application to the Finance
Department.
Sec. 10-13. Grant; Denials ADDea].
(a) Time Period for Grantinq or Denying
~. The Finance Department shall grant
or deny an application for a license within
twenty (20) working days from the date of its
proper filing. Upon the expiration of the
twentieth (20th) day, the applicant may be
permitted to .begin operating the establish-
ment for which a license is sought, unless and
until the Finance Department notifies the
applicant of a denial of the application and
states the reason(s) for that denial.
(b) Granting. of Application for License.
If all departments approve the application,
the Finance Department shall grant the
application, notify the applicant of the
granting, and issue the license to the
applicant upon payment of the appropriate
annual license fee provided in sections 10-14
and 10-15, with credit as provided in section
10-11(c).
(c) Denvin~ of Application for License.
(1) The Finance Department shall
deny the application for any of the following
reasons:
18
(A) any of the departments has
disapproved of the application
(B) the application contains
material false information;
(C) the applicant or any of
the other individuals listed pursuant to
section 10-11(b) (1) has a license under this
Code that has been suspended or revoked;
(D) the granting of the
application would violate either a statute or
ordinance, or an order from a court of law
that effectively prohibits the applicant from
obtaining an adult entertainment establish-
ment license.
(2) If the Finance Director denies
the application, he shall notify the applicant
of the denial, and state the reason(s) for the
denial.
(3) If a person applies for a
license at a particular location within a
period of nine (9) months from the date of
denial of a previous application for a license
at that location, and there has not been an
intervening change in the circumstances which
will probably, lead to a different decision
regarding the former reason(s) for denial, the
application shall be rejected.
(4) If an applicant is denied a
license after fulfilling all the requirements
of this Code, such applicant shall have the
right to appeal such denial, should the
applicant believe that such denial is without
good cause. Such appeal shall be made in
writing to the City Council of the City of
Sebastian within ten (10) days after the
applicant receives written notice of such
denial, and shall state wherein the applicant
believes the denial of his license is without
good cause.
Sec. 10-14. contents of License; Term of
License; Renewals.; Expiration; Cancellation.
(a) Contents. An adult entertainment
license shall state on its face the name of
the licensee, the name of the establishment,
19
the street address of the establishment, the
classification(s) of the license, the date of
issuance, and the date of expiration.
(b) Term. Ail licenses issued under
this Code, except new licenses, shall be
annual licenses which shall be paid for on or
before October 1, and shall expire on
September 30 of the following year. If a
license is issued after October 1, but before
March 31 of the following year, the applicant
shall pay the appropriate license fee.and such
license shall expire the following September
30. If a license is issued after March 31,
but before October 1 of the same year, the
applicant shall pay one-half the appropriate
license fee and such license shall expire on
September 30 of the same year.
(c) Renewals. Licenses shall be renewed
annually. Subject to other provisions of this
Code, a licensee under this Code shall be
entitled to a renewal of his annual license
from year to year, as a matter of course, by
October 1 by presenting the license for the
previous year and by paying the appropriate
license fee.
(d) Expiration. A license that is not
renewed under.this Code by October 1 of each
year shall expire. An expired license may be
renewed by November 30 of the same year upon
presentment of an affidavit stating that no
adult entertainment activity has taken place
at the establishment subsequent to expira-
tion, upon payment of the appropriate license
fee, and upon payment of a penalty of ten
percent (10%) of the appropriate license fee
for the month of October, or fraction thereof,
and an additional penalty of five percent (5%)
of the appropriate license fee for the month
of November, or fraction thereof.
(e) Cancellation. An expired license
not renewed by November 30 shall be cancelled
summarily by the Finance Department.
Sec. 10-15. Annual License... Fees; .Levy of~
Regulatory in Nature.
(a) Lew of License Fees. There are
hereby levied the following annual license
20
fees under this Code for an adult entertain-
ment establishment:
(1) an establishment having a
license for only an adult bookstore - Seven
Hundred Fifty Dollars ($750.00);
(2) an establishment having a
license for only an adult theater, as follows:
(A) having only adult booths
- Thirty-Five Dollars ($35.00) for each booth;
or
(B) having only a hall or
auditorium - Three and 50/100 Dollars ($3.50)
for each seat; or
(C) having only an area
outdoors designed to permit viewing by
customers seated in vehicles - Three and
50/100 Dollars ($3.50) for each parking space;
or
(D) having a combination of
(A), (B), and/or (C) - the cumulative license
fee applicable to each under (A), (B), and/or
(c).
(3) an establishment having a
license for only an adult motel - Seven
Hundred Fifty Dollars ($750.00);
(4) an establishment having a
license for only an adult dancing establish-
ment - Seven Hundred Fifty Dollars ($750.00);
(5) an establishment having a
license for two classifications - Eight
Hundred Dollars ($800.00);
(6) an establishment having a
license for three classifications - Nine
Hundred Dollars ($900.00).
(b) License Fees are Requlatory in
Nature. The annual license fees collected
under this Code are declared to be regulatory
fees that are collected for the purpose of
examination and inspection of adult enter-
tainment establishments under this Code and
the administration thereof. These regulatory
21
fees are in addition to and not in lieu of the
occupational license taxes imposed by other
section of the Code of Ordinances of the City
of Sebastian.
$9c, 10-16.
Licensee.
Records an~ .ReDorts; Consent by
(a) Records and Reports.
(1) Each licensee shall keep such
records and make such reports as may be
required by the Finance Director and the
departments to implement this Code and to
carry out its purpose.
(2) Whenever the information
required by or provided under section 10-
ll(b) has changed, the licensee shall promptly
provide the Finance Director with the changed
information.
(b) ~onsent. By holding a license under
this Code, the licensee shall be deemed to
have consented to the provisions of this Code
and to the exercise by the Finance Department
and the departments of their respective
responsibilities under this Code.
Sec. 10-17. Transfer of License.
(a) Retirements for ..Transfer. A
licensee shall not transfer his license to
another person, and thereby surrender
possession, control, and operation of the
licensed establishment to such other person,
unless and until such other person satisfies
the following requirements:
(1) obtains an amendment to the
license from the Finance Director which
provides that he is now the licensee, which
amendment may be obtained only if he has
completed and properly filed an application
with the Finance Director setting forth the
information called for under section 10-
ll(b) (1) through (5) inclusive, and (9) and
(11), and the application has been approved by
the Finance Department;
(2) in the event he has purchased
the licensed establishment from the licensee,
22
produces satisfactory proof that the sale was
bona fide; and
(3)
percent (10%)
license fee.
pays a transfer fee of ten
of the appropriate annual
(b) Effect of Suspension or Revocation
Procedures. No license may be transferred
pursuant to subsection (a) when the Finance
Director has notified the licensee that
suspension or revocation proceedings have been
or will be brought against the licensee.
(c) No Transfer to Different Location.
A licensee shall not transfer his license to
another location.
(d) Attempted Improper Transfer Void;
License Abandoned. Any attempted transfer of
a license either directly or indirectly in
violation of this Section is hereby declared
void, and the license shall be deemed
abandoned and shall automatically revert to
the Finance Department.
Sec. 10-18. Suspension of License.
(a) Violation of a Buildinq, Fire,
~alth, or Zoninq Statute, Code, Ordinance or
Regulation. In the event a department learns
or finds upon sufficient cause that a license
adult entertainment establishment is operating
in violation of a building, fire, health, or
zoning statute, code, ordinance, or
regulation, whether federal, state or local,
contrary to the respective general
requirements of section 10-10(a), (b), (c), or
(d), the department shall promptly notify the
licensee of the violation and shall allow the
licensee a seven (7) day period in which to
correct the violation. If the licensee fails
to correct the violation before the expiration
of the seven (7) day period the department
shall notify the Finance Department, who shall
forthwith suspend the license, and shall
notify the licensee of the suspension. The
suspension shall remain in effect until the
department notifies the Finance Director in
writing that the violation of the provision in
question has been corrected.
23
(b) Illeqal Transfer. In the event the
Finance Department learns or finds upon
sufficient cause that a licensee engaged in a
license transfer contrary to section 10-17, he
shall forthwith suspend the license, and
notify the licensee of the suspension. The
suspension shall remain in effect until the
Finance Department is satisfied that the
requirements of section 10-17(a) have been
met.
(c) Convictions
ARTICLE V of this Code.
for violations of
(1) In the event three (3) or more
violations of ARTICLE V of this Code occur at
an adult entertainment establishment within a
two (2) year period, and convictions result
from at least three (3) of the violations, the
Finance Department shall, upon the date of the
third such conviction, suspend the license,
and notify the licensee of the suspension.
The suspension shall remain in effect for a
period of thirty (30) days.
(2) In the event one (1) or more
violations of ARTICLE V of this Code occur at
the establishment within a period of two (2)
years from the date of the violation from
which the conviction resulted for which the
license was suspended for thirty (30) days
under subsection (c)(1), but not including any
time during which the license was suspended
for thirty (30) days, and a conviction results
from one (1) or more of the violations, the
Finance Department shall, upon the date of the
first such conviction, suspend the license
again, and notify the licensee of the
suspension. The suspension shall remain in
effect for a period of ninety (90) days.
(3) In the event one (1) or more
violations of ARTICLE V of this Code occur
within a period of two (2) years from the date
of the violation from which the conviction
resulted for which the license was suspended
for ninety (90) days under subsection (c) (2),
but not including any time during which the
license was suspended for ninety (90) days,
and a conviction results from one (1) or more
of the violations, the Finance Director shall,
upon the date of the first such conviction,
24
suspend the license again, and notify the
licensee of the suspension. The suspension
shall remain in effect for a period of one
hundred eighty (180) days.
(4) The transfer or renewal of a
license pursuant to this Code shall not defeat
the terms of subsections (c) (1) through (3)
inclusive.
(d) Effective Date of S~spension. Ail
periods of suspension shall begin five (5)
days after the date the Finance Director mails
the notice of suspension to the licensee or on
the date the licensee delivers his license to
the Finance Director, whichever happens first.
Sec. 10-19. Revocation of License.
(a) False Information. In the event the
Finance Department learns or finds upon
sufficient cause that a license was granted
based upon false information, misrepresenta-
tions of fact, or mistake of fact, the Finance
Director or Department shall forth-with revoke
the license and notify the licensee of the
revocation.
(b) Convictions
ARTICLE V of this Code.
for Violations of
(1) In the event one (1) or more
violations of ARTICLE V of this Code occur at
an adult entertainment establishment which has
had a license suspended for a period of one
hundred eighty (180) days pursuant to section
10-18(c) (3), and the violations(s) occur
within a period of two (2) years from the date
of the violation from which the conviction
resulted for which the license was suspended
for one hundred eighty (180) days, but not
including any time during which the license
was suspended for one hundred eighty (180)
days, the Finance Department shall forthwith
revoke the license, and notify the licensee of
the revocation.
(2) The transfer or renewal of a
license pursuant to this Code shall not defeat
the terms of subsection (b) (1).
25
(c) Effect of Revocation. If a license
is revoked, the licensee shall not be allowed
to obtain another adult entertainment license
for a period of ten (10) years, and no license
shall be issued again to any other person for
the location upon which the adult
entertainment establishment was situated.
(e) EffectiYe Date of ~evocation. The
revocation shall take effect five (5) days
after the date the Finance Department mails
the notice of revocation to the licensee or on
the date the licensee delivers his license to
the Finance Department, whichever happens
first.
ARTICLE II!. EMPLOYEE PROVISIONS
Sec. 10-20. Records for ~mDlovees.
(a) The licensee of an adult entertain-
ment establishment is responsible for keeping
a record of all employees who.are currently
employed by the establishment, and of all
former employees who were employed by the
establishment during the preceding one (1)
year period. The record shall contain the
current or former employee's full legal name,
including any aliases, his date of birth, his
residential address, his residential tele-
phone number (if any), his driver's license
number or his state or federally issued
identification card number, and a recent
photograph of the current or former employee.
(b) The original records required by
subsection (a), or true and exact photocopies
thereof, shall be kept at the establishment at
all times.
(c) Any operator of the establishment
shall be responsible for knowing the location
of the original records, or the true and exact
photocopies thereof.
(d) Any operator of the establishment
shall, upon request by a law enforcement
officer, make available for inspection the
original records, or the true and exact
photocopies thereof, while the establishment
is open for business.
26
ARTICLE IV. pROVISIONS FOR ADULT
ENTERTAINMENT ESTABLISHMENTS
Sec. 10-21. General Requirements. Each adult
entertainment establishment shall, regardless
of whether it is licensed, observe the
following general requirements:
(a) conform to all applicable building
statutes, codes, ordinances, and regulations,
whether federal, state or local;
(b) conform to all applicable fire
statutes, codes, ordinances, and regulations,
whether federal, state or local;
(c) conform to all applicable health
statutes, codes, ordinances, and regulations,
whether federal, state or local;
(d) conform to all applicable zoning
regulations and land use laws, whether state
or local;
(e) keep the adult entertainment license
posted in a conspicuous place at the
establishment at all times, which license
shall be available for inspection upon request
at all times by the public;
(f) except as provided in subsection (g)
below, opaquely cover each non-opaque area
through which a person outside the establish-
ment may otherwise see inside the establish-
ment;
(g) have a vestibule, foyer or room, at
least 6 feet by 6 feet in dimension, located
between the outer door and the interior of the
establishment, the inside of which can be
viewed from outside the establishment, and
which allows the inside of the establishment
to be viewed only from such vestibule, foyer
or room and not from outside the
establishment; and
(h) on the first Monday of every month
provide the Police Department with a listing
of all persons who are or have been employees
of the establishment since the first Monday of
the previous month, and their positions.
27
Sec. 10-22. Adult Theater. In addition to
the general requirements for an adult
entertainment establishment contained in
section 10-21, an adult theater shall,
regardless of whether it is licensed, observe
the following special requirements:
(a) If the adult theater contains a hall
or auditorium area, the area shall comply with
each of the following provisions:
(1) have individual, separate
seats, not couches, benches, or the like, to
accommodate the maximum number of persons who
may lawfully occupy the area;
(2) have a continuous main aisle
alongside of the seating areas in order that
each person seated in the areas shall be
visible from the aisle at all times;
(3) have a sign posted in a
conspicuous place at or near each entranceway
to the hall or auditorium area which lists the
maximum number of persons who may occupy the
hall or auditorium area, which number shall
not exceed the number of seats within the hall
or auditorium area; and
(4) have sufficient illumination so
persons in all areas of the auditorium can be
seen.'
(b) If the adult theater contains adult
booths, each adult booth shall comply with
each of the following provisions:
(1) have a sign posted in a
conspicuous place at the entranceway which
states the maximum number of persons who may
occupy the booth, which number shall correlate
with the number of seats in the booth;
(2) unless fire or building codes
require different or higher standards, adult
booths shall have a permanently open
entranceway not less than two (2) feet wide
and not less than six (6) feet high, which
entranceway shall not have any curtain rods,
hinges, rails, or the like which would allow
the entranceway to be closed or partially
28
closed by any curtain, door or other
partition; in the event building or fire codes
require higher Standards for adult booths, the
higher standards will apply;
(3) have individual, separate
seats, not couches, benches, or the like,
which correlate with the maximum number of
persons who may occupy the booth;
(4) have a well illuminated
continuous main aisle alongside the booth in
order that each person situated in the booth
shall be visible from the aisle at all times;
(5) have, except for the entrance-
way, walls or partitions of solid construc-
tion without any holes or openings in such
walls or partitions; and
(6) be illuminated by a light bulb
of a wattage no less than twenty-five (25)
watts.
(c) If the adult theater is designed to
permit outdoor viewing by persons seated in
automobiles, it shall have the motion picture
screen so situated, or the perimeter of the
establishment so fenced, that the material to
be seen by those persons may not been seen
from any public right-of-way, properly zoned
for residential use, religious institution,
educational institution, or park.
Sec. 10-23. Adult DaDcing Establishment. In
addition to the general requirements for an
adult entertainment establishment contained in
section 10-21, an adult dancing establishment
shall, regardless of whether it is licensed,
observe the following special requirements:
(a) it shall have a stage provided for
the display or exposure of any specified
anatomical area by an employee to a person
other than another employee consisting of a
permanent platform (or other similar permanent
structure) raised a minimum of eighteen (18)
inches above the surrounding floor and
encompassing an area of at least one hundred
(100) square feet; and
29
(b) it shall have no area in which a
private performance is allowed to occur.
ARTICLE V. CRIMINAL PROVISIONS
Sec. 10-24. Oper~ion of Establishment
Without Valid Adult Entertainment License. It
shall be unlawful for any person to be an
operator of an adult entertainment establish-
ment where the person knows or should know:
(a) that the establishment does not have
an adult entertainment license for any
applicable classification;
(b) that the establishment has a license
which is under suspension;
(c) that the establishment has a license
which has been revoked or cancelled; or
(d) that the establishment has a license
which has expired.
Sec. 10-25. Operation of Establishment.
(a) It shall be unlawful for any person
to be an operator of an adult entertainment
establishment which does not satisfy all of
the general .requirements of all of the
sections of this Chapter that pertain thereto.
(b) It shall be unlawful for any person
to be an operator of an adult theater which
does not satisfy all of the special require-
ments of section 10-22.
(c) It shall be unlawful for any person
to be an operator of an adult dancing esta-
blishment which does not satisfy all of the
special requirements of section 10-23.
(d) it shall be unlawful for any person
to operate an adult entertainment establish-
ment while the entrance or exit of the esta-
blishment is locked when a person other than
an employee is inside the establishment.
Sec. 1.0-26. $11owing E~ployee t.o Engaqe in
Prohibited Act.s. It shall be unlawful for an
operator of an adult entertainment establish-
ment, regardless of whether it is licensed
3O
under this Code, to knowingly or with reason
to know, permit, suffer, or allow any
employee:
(a) to engage in a straddle dance with
a person at the establishment;
(b) to contract or otherwise agree with
a person to engage in a straddle dance with a
person at the establishment;
(c) to engage in any specified sexual
activity at the establishment;
(d) to display or expose at the esta-
blishment less than completely and opaquely
covered human genitals or pubic region, less
than completely and opaquely covered cleavage
of the human buttocks, less than completely
and opaquely covered areola and nipple of the
human female breast, or human male genitals in
a discernibly turgid state, even if completely
and opaquely covered, unless such employee is
in an area described in section 10-23.
(e) to display or expose any specified
anatomical area while simulating any specified
sexual activity with any other person at the
establishment, including with another
employee;
(f) to engage in a private performance;
(g) to, while engaged in the display or
exposure of any specified anatomical area,
intentionally touch any person at the adult
entertainment establishment, excluding another
employee;
(h) to intentionally touch the clothed
or unclothed body of any person at the adult
entertainment establishment, excluding another
employee, at any point below the waist and
above the knee of the person, or to
intentionally touch the clothed or unclothed
breast of any female person.
Sec. 10-27. Advertisinq Prohibited Activity.
It shall be unlawful for an operator of an
adult entertainment establishment, regardless
of whether it is licensed under this Code, to
advertise the presentation of any activity
31
prohibited by any applicable state statute or
local ordinance.
Sec. 10-28. Prohibited Siq~. It shall be
unlawful for any operator of an adult
entertainment establishment, regardless of
whether it is licensed under this Code, to
allow the exterior portions of the
establishment to have any prohibited sign as
defined herein.
Sec. 10-29. Minors Prohibited. It shall be
unlawful for an operator of an adult enter-
tainment establishment, regardless of whether
it is licensed under this Code, to knowingly,
or with reason to know, permit, suffer, or
allow:
(a) admittance to the establishment of
a person under eighteen (18) years of age;
(b) a person under eighteen (18) years
of age to remain at the establishment;
(c) a person under eighteen (18) years
of age to purchase goods or services at the
establishment; or
(d) a person to work at the establish-
ment as an employee who is under eighteen (18)
years of age.
Sec. 10-30. Alcoholic Beveraqes Prohibited.
It shall be unlawful for an operator of an
adult entertainment establishment, regardless
of whether it is licensed under this Code, to
knowingly, or with reason to know, permit,
suffer, or allow the sale and/or consumption
of alcoholic beverages in or about the
establishment.
Sec. 10-31. Workinq_at Establishment Which
Does Not Have Valid Adult Entertainment
License. It shall be unlawful for any person
to act as an employee of an adult entertain-
ment establishment that he knows or should
know is not licensed under this Code, or which
has a license which is under suspension, has
been revoked or cancelled, or has expired.
Sec. 10-32. Records for Employees Requi~ed.
It shall be unlawful to be an operator of an
32
adult entertainment establishment, regardless
of whether it is'licensed under this Code, at
which the records of employees required by
section 10-18 have not been compiled, are not
maintained, or are not available for
.inspection.
Sec. 10-33. Engaging in Prohibited Activity.
It shall be unlawful for any employee of an
adult entertainment establishment, regardless
of whether it is licensed under this Code:
(a) to engage in a straddle dance with
a person at the establishment;
(b) to contract or otherwise agree with
a person to engage in a straddle dance with a
person at the establishment;
(c) to engage in any specified sexual
activity at the establishment;
(d) to display or expose at the esta-
blishment less than completely and opaquely
covered human genitals or pubic region, less
than completely and opaquely covered cleavage
of the human buttocks, less than completely
and opaquely covered areola and nipple of the
human female breast, or human male genitals in
a discernibly turgid state, even if completely
and opaquely 6overed, unless such employee is
in an area described in section 10-23;
(e) to engage in the display or exposure
of any specified anatomical area while
simulating any specified sexual activity with
any other person at the esta-blishment,
including with another employee;
(f) to engage in a private performance;
(g) to, while engaged in the display or
exposure of any specified anatomical area,
intentionally touch any person at the adult
entertainment establishment, excluding another
employee; or
(h) to touch the clothed or unclothed
body of any person at the adult entertainment
establishment, excluding another employee, at
any point below the waist and above the knee
33
of the person, or to touch the clothed or
unclothed breast of any female person.
Sec. 10-34. Touching of Employee by Person.
(a) It shall be unlawful for any person
in an adult entertainment establishment, other
than another employee, to intentionally touch
an employee who is displaying or exposing any
specified anatomical area at the adult
entertainment establishment.
(b) It shall be unlawful for any person
in an adult entertainment establishment, other
than another employee, to intentionally touch
the clothed or unclothed breast of any
employee, or to touch the clothed body of any
employee at any point below the waist and
above the knee of the employee.
Sec. 10-35. Exceeding Occupancy Limit of
Adult Booth. It shall be unlawful for any
person to occupy an adult booth in which booth
there are more people than that specified in
the posted sign required by section 10-22.
Sec. 10-36. Use of Restrooms or Dressing
Rooms. Notwithstanding any provision
indicating to the contrary, it shall not be
unlawful for any employee of an adult enter-
tainment establishment, regardless of whether
it is licensed under this Code, to expose any
specified anatomical area during the
employee's bona fide use of a dressing room
which is accessible only to employees.
Sec. 10-37. Hou.r.~ of Operation.
(a) It shall be unlawful for any
operator of an adult entertainment establish-
ment to allow such establishment to remain
open for business, or to permit any employee
to engage in a performance, solicit a per-
formance, make a sale, solicit a sale, provide
a service, or solicit a service, between the
hours of 2:00 a.m. and 12:00 p.m. of any
particular day.
(b) It shall be unlawful for any
employee of an adult entertainment establish-
ment to engage in a performance, make a sale,
solicit a sale, provide a service, or solicit
34
a service, between~the hours of 2:00 a.m. and
12:00 p.m. of any particular day.
S~c. 10-38. Alt~.~9tion of License or Permit.
It shall be unlawful for any person to alter
or otherwise change the contents of an adult
entertainment license.
Sec. 10-39. False Statement or False
Information in Applying for License. It shall
be unlawful for any person applying for an
adult entertainment license to make a false
statement which is intended to facilitate the
issuance of a license, or to provide false
information which is intended to facilitate
the issuance of a license.
Sec. 10-40. Violations Subject to Criminal
Prosecution. Whoever violates any section or
provision of this Code shall be guilty of a
second degree misdemeanor and subject to
punishment as provided in Sections
775.082(4) (b) and 775.083(e), Florida
Statutes.
Sec. 10-41. Powers of the City Council of the
gitY of Sebastian. The City Council may bring
suit in the Circuit Court to restrain, enjoin
or otherwise prevent the violation of this
Code.
Sec. 10-42. Effective Date. This Code shall
take effect immediately upon its adoption."
Section 2. Section 4-3 of the Code of Ordinances of the City
of Sebastian is hereby repealed in its entirety.
Section 3. CONFLICT. Ail ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 4. CODIFICATION. It is the intention of the City
Council of the City of Sebastian, Indian River County, Florida,
and it is hereby provided that the provisions of this Ordinance
shall become and be made a part of the Code of Ordinances of the
City of Sebastian, Florida; that the sections of this Ordinance
35
may be renumbered or relettered to accomplish such intention; and
the word "Ordinance" may be changed to "Section," "Article" or
other appropriate designations.
Section 5. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it shall be presumed that the
City Council of the City of Sebastian did not intend to enact such
invalid or unconstitutional provision. It shall further be assumed
that the City Council would have enacted the remainder of this
Ordinance without such invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 6. EFFECTIVE DATE. This Ordinance shall become
effective immediately upon its adoption.
The foregoing Ordinance was moved for adoption by Councilman
. The motion was seconded by Councilman
and, upon being put into a vote, the vote was
as follows: Mayor W.E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George R. Reid
The Mayor thereupon declared this Ordinance duly passed and
day of
adopted this
, 199~
CITY OF SEBASTIAN, FLORIDA
By:
W.E. Conyers, Mayor
36
ATTEST:
Kathryn M. O'Halloran,
CMC/AAE, City Clerk
(SEAL)
I HEREBY CERTIFY that notice of public hearing on this
ordinance was published in the Vero Beach Press Journal as required
by State Statute, that one public hearing was held on this
Ordinance at 7:00 p.m. on the __ day of , 199L,
and that following said public hearing this Ordinance was passed
by the City Council.
Kathryn M. O'Halloran,
CMC/AAE, City Clerk
Approved as to Form and Content:
Charles Ian Nash,
City Attorney
37
ORDINANCE NO.: 0-91-14
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, PERTAINING TO ZONING~
PROVIDING FOR THE AMENDMENT OF THE LAND
DEVELOPMENT CODE TO REGULATE THE LOCATION OF
ADULT ENTERTAINMENT ESTABLISHMENTS~ PROVIDING
CONDITIONAL USE CRITERIA FOR ADULT
ENTERTAINMENT .ESTABLISHMENTS~ PROVIDING
DEFINITIONS~ PROVIDING FOR REPEAL OF
ORDINANCES OR P~RTS OF ORDINANCES IN CONFLICT
HEREWITH~ PROVIDING FOR INCLUSION IN THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN~
PROVIDING FOR SEVERABILITY~ AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Indian
River County, Florida, has determined that in order to reduce the
adverse impact of adult entertainment establishments upon the
City's neighborhoods; avoid the concentration of uses which cause
or intensifies physical or social blight; reduce negative impacts
of adult uses upon other business uses, neighborhood property
values, residential areas, and public and semi-public uses; and,
to avoid allowing adult uses in heavily used public pedestrian
areas, the Land Development Code of the City of Sebastian should
be amended to provide for the regulation of adult entertainment
establishments; and
WHEREAS, the City Council has submitted a written statement
expressing its intent to amend the Land Development Code to provide
for the regulation of adult entertainment establishments to the
Planning and Zoning Commission for review and action pursuant to
20A-11.6C~ and
WHEREAS, on ~ /7 , 1991, the Planning and Zoning
Commission conducted a public hearing on the requested amendments
to the Land Development Code and has submitted to the City Council
a recommendation in favor of the proposed amendments; and
this Ordinance regulates uses within less than five
percent (5%) of the total land area of the City of Sebastian; and
WHER~, the City Council has conducted a public hearing to
receive citizen input and has considered the criteria identified
in Section 20A-11.6C of the Land Development Code together with
recommended findings and recommendations of its staff and the
Planning and Zoning Commission; and
the City Council has determined that the proposed
amendments to the Land Development Code are consistent with the
Comprehensive Land Use Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
section 1. Paragraph 2 of Section 20A-3.10C of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended in its entirety to provide as follows:
"Conditional Uses: Adult entertainment
establishments, bars and lounges, drive-
through facilities, farmers market, funeral
homes, hotels and motels, indoor theaters
(other than adult theaters) and other enclosed
commercial amusements, merchandising of second
hand goods (including flea market), nursing
homes (including rest homes or convalescent
homes), public and private utilities, public
parks and recreation areas, public protective
and emergency services, restaurants (drive-
in), vehicular service and maintenance,
veterinary medical services, wholesale trade
and services, and accessory uses."
Section 2. Section 20A-6.1C of the Land Development Code of
the City of Sebastian, Florida, is hereby amended to add the
following subparagraph (1):
"(1) Adult Entertainment Establishments:
a. Applicable Zon.~nq Districts: Adult
entertainment establishments shall be
permitted as a conditional use within the
following zoning districts: CG.
b. Conditional Use Crime,.ia:
(1) No site shall be located closer
than one thousand (1,000) feet to any
residential district, church or other place of
worship, public or private school, or park.
(2) No site shall be located closer
than one thousand (1,000) feet to any other
adult entertainment establishment.
(3) No site shall be located closer
than two hundred (200) feet to any bar.
(4) Outside advertising shall be
limited to one identification sign, not to
exceed twenty (20) square feet.
Advertisements, displays or other promotional
materials shall not be shown or exhibited so
as to be visible to the public from a
pedestrian sidewalk or walkway or from other
areas public or semi-public; and such displays
shall be considered signs.
(5) Buildings shall not be painted
in garish colors or such other fashion as will
effectuate the same purpose as a sign(s). All
windows, doors and other apertures shall be
blacked or otherwise obstructed so as to
prevent viewing of the interior of the
establishment from without.
(6) The use shall comply with all
'applicable state and local codes and
ordinances.
(7) Necessary measures shall be
taken to ensure that the operation of the
facility will not disturb adjacent property
owners and the facility shall comply with the
provisions of Paragraph 20A-7.4(G) (9) of the
Land Development Code."
Section 3. Section 20A-12.2 of the Land Development Code of
the city of Sebastian, Florida, is hereby amended to add the
following definitions:
"Adult Book Store means an establishment that
sells or rents adult material (as defined in
section 10-5(e) of the Code of Ordinances of
the City of Sebastian), unless the adult
material is accessible only by employees and
either the gross income from the sale and/or
rental of adult material comprises less than
ten percent (10%) of the gross income from the
sale and/or rental of goods and/or services at
the establishment, or the individual items of
adult material offered for sale and/or rental
comprises less than twenty-five percent (25%)
of the individual items publicly displayed at
the establishment as stock in trade in any of
the following categories: books, magazines,
periodicals, or other printed matter, or
photographs, films, motion pictures, video
cassettes, slides, or other visual
representations, or recordings or other audio
matter. It is an affirmative defense to an
alleged violation of this Code regarding
operation of an adult bookstore without an
adult entertainment license if the alleged
violator shows that the adult material is
accessible only by employees and either the
gross income from the sale and/or rental of
adult material comprises less than ten percent
(10%) of the gross income from the sale and/or
rental of goods and/or services at the esta-
blishment, or the individual items of adult
material offered for sale and/or rental
comprise less than twenty-five percent (25%)
of the individual items publicly displayed at
the establishment as stock in trade in any of
the following categories: books, magazines,
periodicals, or other printed matter, or
photographs, films, motion pictures, video
cassettes, slides, or other visual repre-
sentations, or recordings, or other audio
matter.
Adult Dancinq Establishment means
establishment where any emploYee:
an
(1) displays or exposes any
specified anatomical areas (as defined in
section 10-5(t) of the Code of Ordinances of
the City of Sebastian)to a person other than
another employee, regardless of whether the
employees actually engages in dancing, or
(2) wears any covering, tape,
pastle or device which simulates or otherwise
gives the appearance of the display or
exposure of any specified anatomical area,
regardless of whether the employee actually
engages in dancing, and
(3) offers, solicits, or contracts
to dance with a person other than another
employee in consideration for any tip,
remuneration or compensation from or on behalf
of that person;
(4) dances with a person other than
another employee in consideration for any tip,
remuneration or compensation from or on behalf
of that person, or
(5) dances within three (3) feet of
a person other than another employee in
consideration for any tip, remuneration or
compensation from or on behalf of that person.
Adult Entertainment Establishment means an
adult theater, an adult bookstore, an adult
motel or an adult dancing establishment
operated for commercial or pecuniary gain.
("Operated for commercial or pecuniary gain"
shall not depend upon actual profit or loss.
Also, "operated for commercial or pecuniary
gain" shall be presumed where the
establishment has an occupational license.)
An establishment with an adult entertainment
license is presumed to be an adult
entertainment establishment.
Adult Motel means a motel, as defined herein,
used for viewing by persons of films, motion
pictures, video cassettes, slides, or other
photographic reproductions which have as their
primary or dominant theme matters depicting,
illustrating or relating to specified sexual
activities or specified anatomical areas (as
defined in sections 10-5(t) and (v) of the
Code of Ordinances of the City of Sebastian).
AdDlt Theater means an establishment which,
except as set forth in the final sentence of
this paragraph, consists of an enclosed
building, or a portion or part of an enclosed
building, or an open-air area used for viewing
by persons of films, motion pictures, video
cassettes, slides, or other photographic
reproductions which have as their primary or
dominant theme matters depicting, illustrating
or relating to specified sexual activities or
specified anatomical areas (as defined in
sections 10-5(t) and (v) of the Code of
Ordinances of the City of Sebastian). An
establishment which has "adult booths" (as
defined in section 10-5(b) of the Code of
Ordinances of the City of Sebastian) is
considered to be an "adult theater."
Park means a tract of land which is kept for
ornament and/or recreation and which is
maintained as public property."
Section 4. CONFLICT. Ail ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 5. CODIFICATION. It is the intention of the City
Council of the City of Sebastian, Indian River County, Florida, and
it is hereby provided that the provisions of this Ordinance shall
become and be made a part of the Land Development Code of the City
of Sebastian, Florida; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intention; and the word
"Ordinance" may be changed to "Section," "Article" or other
appropriate designations.
Section 6. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it ~hall be presumed that the
city Council of the City of Sebastian did not intend to enact such
invalid or unconstitutional provision. It shall further be assumed
that the City Council would have enacted the remainder of this
Ordinance without such invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 7. EFFECTIVE DATE. This Ordinance shall become
effective immediately upon its adoption.
The foregoing Ordinance was moved for adoption by Councilman
The motion was seconded by Councilman
and, upon being put into a vote, the vote was
as follows:
Mayor W.E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George R. Reid
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 199~.
CITY OF SEBASTIAN, FLORIDA
By:
ATTEST:
W.E. Conyers, Mayor
Kathryn M. O'Halloran,
CMC/AAE, City Clerk
(SEAL)
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal and a
notice was provided to the affected land owners as required by
Section 166.041(3) (c)l. of Florida Statutes, that a public hearing
was held on this Ordinance at 7:00 p.m. on the day of
, 1992, and that following the public hearing this
Ordinance was passed by the City Council.
Kathryn M. O'Halloran,
CMC/AAE, city Clerk
Approved as to Form and Content:
Charles Ian Nash,
City Attorney
ORDINANCE NO. 0~91-29
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION
TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE
IN ORDER TO AMEND PORTIONS OF THE CITY CHARTER~
PROVIDING FOR GENDER-NEUTrAL LANGUAGE WITH
RESPECT TO MEMBERS OF THE CITY COUNCIL; PRO-
VIDING SPECIFICITY WITH RESPECT TO THE TERM
"COUNCIL"; PROVIDING FOR THE MANNER IN WHICH
SUCH ELECTION SHALL BE CONDUCTED; PROVIDING
THE TIME AND PLACES FOR HOLDING SUCH ELECTION~
ESTABLISHING THE FORM OF THE BALLOT FOR SUCH
ELECTION~ DIRECTING THE CITY CLERK TO PROVIDE
THE SUPERVISOR OF ELECTIONS WITH A COPY OF THE
ORDINANCE~ PROVIDING FOR PUBLIC NOTICE OF SUCH
ELECTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 166.031 of the Florida Statutes provides that
the governing body of a municipality may submit to the electors of
that municipality a proposed amendment to all or part of its
charter; and
WHEREAS, the City Council of the City of Sebastian, Indian
River County, Florida, has determined that certain revisions should
be made to the City Charter in order to provide gender-neutral
language and specificity with respect to certain terms used in the
Charter; and
WHEREAS, the City Council desires to submit the amendments to
the Charter for ratification by the electors of the City of
Sebastian, Indian River County, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That throughout the Charter of the City of
Sebastian, the term "councilmen" shall be changed to "council
members", the term "councilman" shall be changed to "council
member", and the term "council" shall be changed to "City Council"
Section 2. An election is hereby called and scheduled to be
held on March 10, 1992, to determine whether the revisions to the
Charter of the City of Sebastian, Florida, shall be approved by a
majority'of the votes cast in such election, in which the qualified
electors residing in the City shall participate.
Section 3. The places of voting in such election shall be
the usual places of voting in the City of Sebastian, Florida, in
the regular election as follows:
PRECINCT POLLING PLACE
A. Precinct 12 ..... The Sebastian Community Center
1805 North Central Avenue
B. Precinct 14 ..... Church of the Nazarene
50 South Wimbrow Drive
C. Precinct 15 ..... The North Indian River County Library
1001 Fellsmere Road (CR 512)
D. Precinct 16 ..... Calvary Baptist Church
123 Thunderbird Drive
The polls shall open at such voting places on March 10, 1992,
from 7:00 a.m. to 7:00 p.m. All duly qualified electors residing'
within the City of Sebastian shall be entitled to participate and
vote in such election.
Section 4. The purpose of this election shall be to present
a referendum issue to the electors of the City of Sebastian of
whether or not to adopt revisions to the City Charter. The ballot
shall be substantially in the following form:
BALLOT
CITY OF SEBASTIAN, FLORIDA
Referendum
Referendum No. 1: Amending City Charter to provide for gender-
neutral titles.
Shall the City of Sebastian amend the City Charter to
2
provide that throughout the Charter the term "councilmen"
shall be changed to' "council members", the term
"councilman" shall be changed to "council member", and
the term "council" shall be changed to "City Council"?
Yes for Approval
No for Rejection
Section 5. The City Clerk is hereby directed to instruct the
Supervisor of Elections of Indian River County to include the
above-described referendum on the ballot for the election to be
held on March 10, 1992.
Section 6. Notice of such election shall be published in a
newspaper of general circulation according to the laws of the State
of Florida.
Section 7. This Ordinance shall take effect immediately upon
its passage.
The foregoing Ordinance was moved for adoption on second
reading by Councilman The motion was
seconded by Councilman , and, upon being
put into a vote, the vote was as follows:
Mayor W. E. Conyers
Vice Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George R. Reid
3
adopted this
The Mayor thereupon declared this Ordinance duly passed and
day of , 199~,
CITY OF SEBASTIAN
By:
W. E. Conyers, Mayor
ATTEST:
Kathryn M. O'Halloran,
CMC/AAE, City Clerk
(Seal)
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Veto Beach Press Journal as required
by State Statute, that one public hearing was held on this Or-
dinance at 7:00 p.m. on the day of ,
199~ and that following said public hearing this Ordinance was
passed by the City Council.
Kathryn M. O'Halloran,
CMC/AAE, City Clerk
Approved as to Form and Content:
Charles Ian Nash
City Attorney
ORDINANCE NO.: 0-91-30
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION
TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE
IN ORDER TO AMEND PORTIONS OF THE CITY CHARTER;
AMENDING SECTION 2.06 OF THE CITY CHARTER
PERTAINING TO THE DUTIES OF THE MAYOR AND THE
ELECTION OF A VICE MAYOR; PROVIDING THAT THE
MAYOR MAY SIGN ALL CONTRACTS, BONDS, DEBEN-
TUBES, FRANCHISES AND OFFICIAL DOCUMENTS ON
BEHALF OF THE CITY; AMENDING SECTION 2.08(c)
OF THE CITY CHARTER PERTAINING TO THE
APPOINTMENT OF SUCCESSORS TO FILL VACANT CITY
OFFICES; AUTHORIZING THE CITY COUNCIL TO
APPOINT SUCCESSORS TO SERVE UNTIL THE NEXT
REGULARLY SCHEDULED MUNICIPAL ELECTION;
AMENDING SECTION 2.12 OF THE CITY CHARTER
PERTAINING TO REGULAR AND SPECIAL MEETINGS OF
THE CITY COUNCIL; PROVIDING THAT THE CITY
COUNCIL SHALL PRESCRIBE THE TIMES AND PLACES
OF SUCH MEETINGS BY RESOLUTION; AMENDING
SECTION 2.16 OF THE CITY CHARTER PERTAINING TO
STANDING COMMITTEES; AUTHORIZING THE CITY
COUNCIL TO APPOINT STANDING COMMITTEES;
CREATING A NEW SECTION 3.04(g) OF THE CITY
CHARTER PERTAINING TO THE POWERS AND DUTIES OF
THE CITY MANAGER; AUTHORIZING THE CITY MANAGER
TO SIGN ALL CONTRACTS, BONDS, DEBENTURES,
FRANCHISES AND OFFICIAL DOCUMENTS ON BEHALF OF
THE CITY; pROVIDING FOR THE MANNER IN WHICH
SUCH ELECTION SHALL BE CONDUCTED; PROVIDING
THE TIME AND PLACES FOR HOLDING SUCH ELECTION;
ESTABLISHING THE FORM OF THE BALLOT FOR SUCH
ELECTION; DIRECTING THE CITY CLERK TO PROVIDE
THE SUPERVISOR OF ELECTIONS WITH A COPY OF THE
ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH
ELECTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 166.031 of the Florida Statutes provides that
the governing body of a municipality may submit to the electors of
that municipality a proposed amendment to all or part of its
charter; and
WHEREAS, the City Council of the City of Sebastian, Indian
River County, Florida, has determined that certain revisions should
be made to the City Charter in order to provide for a more
efficient and concise exercise of the legislative and
administrative functions of the City; and
WHEREAS, the City Council desires to submit the amendments to
the Charter for ratification by the electors of the City of
Sebastian, indian River COunty, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That the existing Section 2.06 of the Charter of
the City of Sebastian, Florida, is hereby amended by deleting said
Section in its entirety and adding the following provision in lieu
thereof:
"Sec. 2.06. Mayor; Vice Mayor.
(a) The Mayor shall preside at all meetings
of the City Council, and shall have a vote
upon all matters coming before the City
Council, but shall have no veto power. The
Mayor shall have the power to preserve.peace
and order, and shall be recognized as the
legislative head of the City government for
all ceremonial purposes and by the Governor of
the State of Florida for purposes of military
law. The Mayor may sign all contracts, bonds,
debentures, franchises and official documents
on behalf of the City as directed and
authorized by the City Council, which shall
also be attested by the City Clerk.
(b) At the first meeting following the general
election, the City Council shall elect from
among its members (other than the Mayor) a Vice
Mayor who shall act as Mayor during the absence
or disability of the Mayor. The senior member
of the City Council shall act as Mayor during
the absence or disability of both the Mayor
and the Vice Mayor."
Section 2. That the existing paragraph (c) of Section 2.08
of the Charter of the City of Sebastian, Florida, is hereby amended
by deleting said paragraph in its entirety and adding the following
provision in lieu thereof:
"(c) Fillinq Vacancies. In the event that the
office of the Mayor or any council member
becomes vacant before the expiration of the
term of such office, the City Council shall,
by a majority vote of the remaining members of
the City Council, appoint a person having the
qualifications of a council member to occupy
such office; provided, however, that such
person shall serve only until the next regular
municipal election for the City. If the term
of the vacant office being filled by the City
Council does not expire at the next regularly
scheduled municipal election for the City, the
electorate of the City shall elect a successor
to fill the vacant office until such time as
the term of said office expires and a successor
qualifies and is elected."
Section 3. That the existing paragraph (a) of Section 2.12
of the Charter of the City of Sebastian, Florida, is hereby amended
by deleting said paragraph in its entirety and adding the following
provision in lieu thereof:
"(a) Meeting~. 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 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 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 permitted by law."
Section 4. That the existing Section 2.16 of the Charter of
the City of Sebastian, Florida, is hereby amended by deleting said
Section in its entirety and adding the following provision in lieu
thereof:
"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 as 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."
Section 5. That the Charter of the City of Sebastian,
Florida, is hereby amended by adding a new paragraph (g) to Section
3.04 which shall read as follows:
°'(g) The City Manager, as authorized by the
City Charter, the Sebastian Code of
Ordinances, or by the direction of the City
Council, may sign all contracts, bonds,
debentures, franchises and official documents
on behalf of the City, which shall also be
attested by the City Clerk."
Section 6. An election is hereby called and scheduled to be
held on March 10, 1992, to determine whether the revisions to the
Charter of the City of Sebastian, Florida, shall be approved by a
majority of the votes cast in such election, in which the qualified
electors residing in the City shall participate.
Section 7. The places of voting in such election shall be the
usual places of voting in the City of Sebastian, Florida, in the
regular election as follows:
4
PRECINCT POLLING PLACE
The polls shall open at such voting places on March 10, 1992,
from 7:00 a.m. to 7:00 p.m. Ail duly qualified electors residing
within the City of Sebastian shall be entitled to participate and
vote in such election.
Section 8. The purpose of this election shall be to present
a referendum issue to the electors of the City of Sebastian of
whether or not to adopt revisions to the City Charter. The ballot
shall be substantially in the following form:
BALLOT
CITY OF SEBASTIAN, FLORIDA
Referendum
Referendum No. 2: Amending City Charter regarding powers of Mayor
and Manager; filling vacancies; calling meetings; establishing
Committees.
Shall the City of Sebastian amend the City Charter to
allow Mayor to sign all official documents for the City;
to establish procedures for filling vacancies on City
Council; to require City Council meetings to be
established by resolution; to require City Council
meetings to be public, except as authorized by law; to
authorize appointment of standing committees; to
authorize City Manager to sign all official documents as
authorized by City Council or law?
Yes for Approval
No for Rejection
Section 9. Effective Date. This Ordinance shall become
effective immediately upon its adoption.
The foregoing Ordinance was moved for adoption on second
reading by Councilman . The motion was
seconded by Councilman and, upon being put
to a vote, the vote was as follows:
Mayor W. E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George R. Reid
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 199Z.
ATTEST:
CITY OF SEBASTIAN, FLORIDA
By:
W. E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as required
by State Statute, that one public hearing was held on this
Ordinance at 7:00 p.m. on the day of , 199~,
and that following said public hearing this Ordinance was passed
by the City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash
City Attorney
7
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT= Waiver of Bidding
Procedure for Police
Vehicle Purchase
Approved For Submittal By:
City Manager
) Agenda No. .
)
) Oept. Origin Finance (LNN)
)
) Date Submitted 12-17-91
)
) For Agenda of 0]-08-92
)
) Exhibits: Memo from ChJef of Police
)
)
)
EXPENDITURE
REQUIRED: $ 49,884.00
AMOUNT
BUDGETED: $ 70,160.00
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Four (4) new police package vehicles are budgeted in the fiscal '92 Capital
Improvement Fund at an' estimated cost of $17,540.00. each for a total of
$70,160.00. Ford Motor Company has been awarded the State Contract for police
pursuit vehicles, but they will not be in production until February 1992 and
will not be ready for delivery until late June or early July 92. Although the
cost is not actually known yet, it is estimated by fleet sales at Duval Ford to
be about $17,500 per unit. However, Jerry Hamm Chevrolet, of Jacksonville is
offering 1992 Chevrolet Caprice four-door sedan police pursuit vehicles for
$12,471.00 per unit. The City purchased four (4) 1990 Chevrolet Caprice police
vehicles from this dealer in August of 1990 at a cost of $12,146.00 per unit.
Pursuant to city code section 2-64 (j), "The City Council may waive or modify
the bidding procedure on specific contracts for good cause".
RECOMMENDED ACTION
Move to grant a waiver of bidding procedure and to grant authority for the
purchase of four (4) 1992 Chevrolet Caprice police pursuit vehicles from Jerry
Hamm Chevrolet of Jacksonville at a cost of $12,471.00 each for a total of
$49,884.00.
SEBASTIAN
POLICE
DEPARTMENT
III IIII I I
Office of the Chief
Post Office Box 780127
Sebastian, FL 32978-0127
(407) 589-5233
ALI IL b
MEMORANDUM
DATE:
TO:
FROM:
December 12, 1991
Robert S. McClary, City Manager
Earle Petty, Chief of Pol~)
SUBJECT: Request for Waiver of Bidding Procedure
At this time I am requ. esting authorization for a waiver of bidding procedure
to purchase four (4), 1992 Chevrolet Caprice Four-Door Sedan Police
Vehicles.
If approved these vehicles would be purchased from Jerry Harem Chevrolet,
Inc., 2600 Phillips Highway, P.O. Box 5749, Jacksonville, Florida 32247,
PX #(904) 398-3036.
The quoted purchase price per unit is 12,471.00, which is at or below the
current state contract price.
This per unit price is below that of the comparably, ecluipped 1992 Ford
Crown Victoria police package, which is not scheduled For production until
February 1992 and not available for fleet sales until June or-July.
I discussed the changing of vehicles, (going from Ford to Chevrole0 with
Tony Clopein, to determine if it would cause him any problems with vehicle
maintenance and he assured me that it would not.
It is my recommendation th_at we purchase the. Chevrolet Caprice. police
package vehicle because of the availability and the low fleet purchase price.
EP/jh
ok'
/~. -/
CODE ENFORCEMENT BOARD
CITY OF SEBASTIAN
INDIAN RIVER COUNTY, FLORIDA
IN THE MATTER OF:
CASE NO. 91-5643
JOHN BAGBY and MARLYN VEREEN,
643 Roseland Road
Sebastian, FL 32958
jointly & severally
LEGAL DESCRIPTION:
Lot 8, Block 124, SEBASTIAN HIGHLANDS
UNIT #4, of Indian River County, Florida
ORDER F~NDING VIOLATION
THIS CAUSE originally came to be heard after due Notice to the
Respondent at a violation hearing conducted by the Code Enforcement
Board of the City of Sebastian on September 18, 1991 regarding
violation of the Code of Ordinances of the City of Sebastian
prohibiting/describing deposit junk vehicles on city lots.
Specifically the violation involved Chapter 12, Section 12-31.
FINDINGS OF FACT
The Board determined upon the evidence presented that Mr.
Bagby and Ms. Vereen has a repeat violation keeping junk
automobiles on the above described premises in violation of the
above-reference ordinance.
CONCLUSIONS OF LAW
The above-referenCed individual is found to be in violation of
said ordinance and a fine of $100.00 a day for twelve (12) days in
the total amount of $1,200.00 is levied.
ORDER
1. UPON COMPLIANCE, RESPONDENT SHALL NOTIFY THE CODE
INSPECTOR, Robert Nicholson, WHO SHALL DIRECT AN INSPECTION OF THE
PROPERTY AND NOTIFY THE CODE ENFORCEMENT BOARD AS TO CORRECTIONOF
THE VIOLATION.
2. If Respondent causes a reoccurrence of the violation, this
Board shall reconvene in the Council Cha~ers to hear
further evidence on the issue of compliance and to impose a fine of
up to the maximum amount of $500.00 per day for each day the
violation continues. In the event of a future violation of this
order after the aforementioned date, Respondent shall be renotified
of a new compliance hearing, at which the Board will review the
evidence and impose the fin~ provided herein if said violation is
determined to have again occurred.
3. TAKE NOTICE THAT ANY FINE IMPOSED BY THIS BOARD AGAINST
YOU CONSTITUTES A LIEN AGAINST THE REAL PROPERTY UPON WHICH THE
VIOLATION EXISTS, OR IF YOU DO NOT OWN THE PROPERTY, THEN AGAINST
ANY REAL OR PERSONAL PROPERTY WHICH YOU DO OWN. YOUR CONTINUED
NONCOMPLIANCE CAN RESULT IN FORECLOSURE, JUDICIAL SALE, AND LOSS OF
YOUR PROPERTY. THEREFORE, IF FOR ANY REASON YOU ARE UNABLE TO
COMPLY WITHIN THE STATED TIME, PLEASE NOTIFY THE CODE INSPECTOR
IMMEDIATELY.
DONE AND ORDERED this _~L~day of ~..,~.-,~c.~ , 1991, in open
session at the Council Chamber, 1225 Main Street, Sebastian,
Florida.
-- Chairman ' ' "
Code Enforcement Board
Nunc Pro Tunc
ATTEST:
/~.';.'~"l 'Y
CODE ENFORCEMENT BOARD
CITY OF SEBASTIAN
INDIAN RIVER COUNTY, FLORIDA
IN THE MATTER OF:
SANTO J. ROMANO
119 Filbert Street
Sebastian, Florida 32958
LEGAL DESCRIPTION~
CASE NO. 91-5853
Lot 10, Block 437, SEBASTIAN HIGHLANDS
UNiT ~17, of Indian River County, Florida
ORDER F~NDING VIOLATION
THIS CAUSE originally came to be heard after due Notice to the
Respondent at a violation hearing conducted by the Code Enforcement
Board of the City of Sebastian on November 20, 1991 regarding
violation of the Code of Ordinances of the City of Sebastian
prohibiting/describing contracting without license. Specifically
the violation involved Chapter 7, Section 7-99.
FINDINGS OF FACT
The Board determined upon the evidence presented that violator
did not have a Gunite Contractor's License and was in violation of
the above-referenced ordinance.
CONCLUSIONS OF LAW
The above-referenced individual was found to be in violation
of said ordinance and no fine was levied. The violator was granted
90 days to rectify the violation.
ORDER
1. UPON COMPLIANCE, RESPONDENT SHALL NOTIFY THE CODE
INSPECTOR, Robert Nicholson, WHO SHALL VERIFY ISSUANCE OF SAID
CONTRACTOR'S LICENSE AND NOTIFY THE CODE ENFORCEMENT BOARD AS TO
CORRECTION OF THE VIOLATION.
2. If Respondent causes a reoccurrence of the violation, this
Board shall reconvene in the Council Chambers to hear
further evidence on the issue of compliance and to impose a fine of
up 'to the maximum amount of $500.00 per day for each day the
violation continues, in the event of a future violation of this
order after the aforementioned date, Respondent shall be
renotified of a new compliance hearing, at which the Board will
review the evidence and impose the fine provided herein if said
violation is determined to have again occurred.
3. TAKE NOTICE TEAT ANY FINE IMPOSED BY THIS BOARD AGAINST
YOU CONSTITUTES A LIEN AGAINST THE REAL PROPERTY UPON WHICH THE
VIOLATION EXISTS, OR IF YOU DO NOT OWN THE PROPERTY, THEN AGAINST
ANY REAL OR PERSONAL PROPERTY WHICH YOU DO OWN. YOUR CONTINUED
NONCOMPLIANCE CAN RESULT IN FORECLOSURE, JUDICIAL SALE, AND LOSS OF
YOUR PROPERTY. THEREFORE, IF FOR ANY REASON YOU ARE UNABLE TO
COMPLY WITHIN THE STATED TIME, PLEASE NOTIFY THE CODE INSPECTOR
IMMEDIATELY.
DONE AND ORDERED this 3~~ day of )~t7~,~-¢~- , 1991, in open
session at the Council Chamber, 1225 Main Street, Sebastian,
Florida.
....
~h~m~
Code gnfo~cement Board
Nun¢ Pro Tunc
ATTEST:
g~cret~Fy
SUBJECT:
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
Bid Award -Police
Station Irrigation
System
Approved for Submittal By:
City Manager
Agenda No.
Dept. Origin
Date Submitted
For Agenda of
12-31-91
01-08-92
Exhibits: City Enginee
Memo 12-31-91 and Bid
Tabulation Sheet
EXPENDITURE
REQUIRED: $ 6,745
AMOUNT APPROPRIATION
BUDGETED: $ 30,000 REQUIRED:
The irrigation System Bids were opened on December
31, 1991 at 2:00 P.M. The following is a breakdown of
the bids:
Jordan Irrigation - Vero Beach
United Irrigation - Vero Beach
Irrigation Const. Unlimited
Clark Water Systems - Sebastian
$8,530.00
$8,000.00
$8,949.00
$6,745.00
The apparent low bidder has done work in the past for
the City of Sebastian Cemetery and is competent and meets
all City licensing requirements.
Move to approve Clark Water Company of Sebastian as
the Irrigation System contractor for the Police Station
for $6,745.00.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
DATE; December 31, 1991
TO:
FROM:
Robert S. McClary
City manager
Daniel C. Ecki~
City Engineer/Public Works Director
Bid award irrigation system Police Station
After careful reviewing of the submitted bids for the above
irrigation system, it is my recommendation that the bid be
awarded to Clark Water Co of Sebastian who was the apparent
low bidder.
Clark Water has done work for the City before at the
Sebastian Municipal Cemetery. Mr. Kelso, Cemetary Sexton,
stated that the work was excellent and there have been no
problems or repairs required.
Should you have any further questions regarding this matter,
please feel free to contact me.
DCE:lk
irrg.bid
003
BID TABULATION
CITY OF SEBASTIAN
BIDS DUE ~ 31. ~ 2:00 P.M.
CD_~LTRACTOR/VENDOR
Clark Water Co.
United Irrigation
Jordan Irrigation
Irrigation Consultants
Irrg. Sys
Irrg. Sys
Irrg. Sys
Irrg. Sys
DESCRIPTION
Police Station
Police Station
Police Station
Police Station
$6,745.
$8~000.
$8,530.
$8,949.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
RESOLUTION #R-92-O5, INTERLOCAL
AGREEMENT REGARDING CURBSIDE
RECYCLING
Approved For Subm~:
City Manager
Dept. Origin= Community Development
(BC)
Date Submitted~ 12/30/91
For Agenda Of:
01108/92
Exhibits:
Letter dated December 12, 1991 from
Ron Brooks,
Letter dated December 19, 1991 from
Ron Brooks,
Interlocal Agreement
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular meeting of August 7, 1991, the City Council reviewed a
report on Indian River County's initiative to recycle solid waste for the
residential area. At that time, the City Council determined that it was
in the best interest of the City to allow Indian River County Solid Waste
Disposal District to provide the curbside recycling for the residential
area.
In order to meet the Department of Environmental Regulations requirements
concerning this matter, Indian River County Solid Waste Disposal District
is requesting an Interlocal Agreement to be signed by the Mayor.
RECOMMENDED ACTION
Move to adopt Resolution #R-92-O5 to authorize the Mayor and City Clerk to
sign the Interlocal Agreement between the City of Sebastian and Indian
River County Solid Waste Disposal District.
RESOLUTION NO. R-92-05
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, PERTAINING TO CURBSIDE RECYCLING; PROVIDING
AUTHORITY TO ENTER INTO AN AGREEMENT WITH THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
TO JOINTLY DEVELOP AND IMPLEMENT A CURBSIDE RECYCLING
PROGRAM PURSUANT TO THE SOLID WASTE MANAGEMENT ACT OF
1988; PROVIDING FOR REPEAL OR RESOLUTIONS OR PARTS OR
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the 1988 Session of the Florida Legislature has
enacted Solid Waste Management Act (the "Act") pertaining to
solid waste resource recovery and management; and
WHEREAS, the Act has promulgated a statewide goal to reduce
the amount of solid waste being disposed of at solid waste
management facilities by at least thirty percent (30%) by 1994;
and
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, has the responsibility and power to provide for
the operation of solid waste disposal facilities to meet the
needs of all incorporated and unincorporated areas of the County;
and
WHEREAS, the City of Sebastian may not operate a solid waste
disposal facility unless it can demonstrate by a preponderance of
the evidence that the use of a County designated facility, when
compared to alternatives proposed by the City of Sebastian,
places a significantly higher and disproportionate financial
burden on the citizens of the City when compared to the financial
burden placed on persons residing within the County but outside
of the City; and
WHEREAS, Indian River County has established a curbside
recycling program for Indian River County, including properties
within the City of Sebastian; and
WHEREAS, the City Council finds it in the best interest of
the City of Sebastian to participate in the Indian River County
curbside recycling program; and
WHEREAS, the citizens of the City of Sebastian as well as
those residing in unincorporated Indian River County would
jointly benefit from the participation and cooperation of the
City and the County in a single program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA as follows:
SECTION 1. AGREEMENT. The City of Sebastian, Indian
River County, Florida, does hereby agree to enter into an
Agreement with the Board of County Commissioners of Indian River
County, identified as Exhibit "A" to this Resolution, and
incorporated herein.
SECTION 2. EXECUTION. The Mayor and City Clerk of the
City of Sebastian is hereby directed to execute the Agreement
described herein as agent for the Town.
SECTION 3. CONFLICT. All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
SECTION 4. EFFECTIVE DATE. This Resolution shall take
effect immediately upon final passage.
2
The forego±ng Resolution was moved for adoption by
Councilman
Councilman
The motion was seconded by
and, upon being put to a vote,
the vote was as follows:
Mayor W.E. Conyers
Vice Mayor Frank Oberbeck
Councilman Peter Holyk
Councilman Lonnie Powell
Councilman George Reid
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1992.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
by:
W.E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
3
INDIAN RIVER COUNTY,
SOLID WASTE DISPOSAL DISTRICT
1840 25th Street, Vero Beach, Florida 32960
Telephone: (407) 567-8000
December 19, 1991
Robert McClary, City Manager
city of Sebastian
1225 Main Street
Sebastian, FL 32958
Suncom Telephone: 224-1294
Dear Mr. McClary:
Please be advised that our previous letter, dated December 12,
1991, regarding an interlocal agreement for curbside recycling
contained an error with respect to the cost per residence per
year that would be assessed to the single family residences. The
cost of $1.62 per residence per year as stated in the letter is
actually the cost per Waste Generation Unit (WGU) per year.
Since a single family residence is assessed at 1.6 WGU's per year
then the actual fee that is assessed per single family residence
is $1.62 x 1.6 WGU's = $2.59 per year.
Please excuse the error and insure that your Council/Commission
members are aware of this change when presenting the agreement
before them for approval.
Sincerely,
Ronald R. Brooks, Manager
Solid Waste Disposal District
RRB/dc
SEBRECY
cc: James E. Chandler, County Administrator
Printed on Recycled Paper
INDIAN RIVER COUNTY,
SOLID WASTE DISPOSAL DISTRICT
1840 25th Street, VeroBeach, Florida 32960 RECEIVED [ EC 1 [i 139I
Telephone: (407) 567~8000
SuncomTelephone:224-1294
December 12, 1991
Robert McClary, City Manager
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Re: Residential Curbside Recycling Program
Dear Mr. McClary:
As you may be aware the Solid Waste Management Act of 1988 estab-
lished a goal for all counties to accomplish the recycling of 30%
of their wastestream by 1994. To that end the Solid Waste Dis-
posal District budgeted for contractual services for residential
curbside recycling for fiscal year 1991-92. This service will be
paid for through the District's normal assessment and tipping fee
revenue sources, and will not be applied directly to the resi-
dences. As a result, the service can be accomplished at a very
reasonable fee for the residences as they will be paying for the
service through the annual assessment in the amount of approxi-
mately $1.62 per year per residence.
The recycling service is presently being negotiated with the two
franchised collectors that are operating in Indian River County.
The service will begin April 1, 1992 and will consist of a two
container pickup with newspapers in one container and all other
recyclables in the other container. The collectors will then
collect the material and segregate it at the truck for transport
to our facilities for ultimate recycling.
The SWDD will provide the first two containers for all residences
utilizing grant funds and the homeowners will be responsible for
replacing any lost or damaged containers.
Inasmuch as the City of Sebastian is a member of the District,
the District intends to provide this residential curbside recycl-
ing program within your municipality. It is appropriate, howev-
er, that this proposed service be presented to the City for ap-
proval. The approval as required by the Florida Department of
Environmental Regulation (DER) has to be in the form of an inter-
local agreement that has to be recorded with the Records of the
Circuit Court.
Printed on Recycled Paper
Page 2.
City of Sebastian
Re: Residential Curbside Recycling Program
To accomplish the requirements of the DER a draft interlocal
agreement has been developed and is enclosed for your review.
This agreement will address the aspects of residential curbside
recycling and it is a second agreement for recycling as the City
has already entered into an agreement with the SWDD for the han-
dling of Recycling Grant Funds.
Please review the enclosed agreement and if you have concerns or
determine that changes are appropriate, please contact this of-
fice and indicate your concerns. If after your review you deter-
mine that the agreement is satisfactory in its current text we
request that you present the agreement to the City Coun-
cil/Commissioners for approval and execution.
We are currently finalizing negotiations with the Solid Waste
Collectors and it will be in our best interest for an agreement
to be finalized before the contracts with the collectors are fi-
nalized. With that in mind we encourage and will .greatly appre-
ciate the review and execution of the agreement at your earliest
convenience.
SWDD staff will be available to the City to explain or present
the agreement to the Council/Commissioners and citizens.
If you have any questions or need our assistance in any way,
please do not hesitate to contact this office.
Sincerely,
Ronald R. Brooks, Manager
Solid Waste Disposal District
RRB/dc
Enclosure
SEBRECY/S2a
cc: James E. Chandler, County Administrator
II~.~RLOC~L ~REEMENT
This Agreement, entered into this day of , 1991,
by and between the City of Sebastian (hereinafter referred to as
the CITY) and Indian River county - solid Waste Disposal District
(hereinafter referred to as the SWDD).
WHEREAS, the Statewide goal of the Solid Waste Management Act of
1988 (hereinafter referred to as the "Act") is to reduce the
amount of municipal solid waste being disposed of at solid waste
management facilities by at least 30 percent by 1994; and
WHEREAS, in an effort to reach this goal the Act requires coun-
ties to develop and implement recycling programs within their ju-
risdictions to return valuable materials to productive use, to
conserve energy and natural resources, and to preserve capacity
at solid waste management facilities; and
WHEREAS, the SWDD, in its annual budget for fiscal year 1991-92,
has budgeted for contractual services for implementation of a
curbside recycling program for all single family residences lo-
cated within the SWDD; and
WHEREAS, the SWDD is currently negotiating a contract with the
two county franchised waste transporters to implement the curb-
side recycling program by April 1, 1991; and
WHEREAS, the CITY, by approval of its governing body, has joined
and is a part of the SWDD; and
WHEREAS, it is intended that the curbside recycling program that
is to be contracted and implemented by the SWDD, service those
residences within the municipalities that have joined and are a
part of the SWDD; and
WHEREAS, the CITY currently does not operate and maintain its own
recycling program for single family residences; and
WHEREAS, the single family residences within the CITY are as-
sessed for the curbside recycling program that the SWDD intends
to implement; and
WHEREAS, it is the desire of the CITY to participate in the
SWDD's curbside recycling program.
Now therefore, the SWDD and the CITY hereto mutually agree as
follows:
1. This Agreement shall be effective from the date it is filed
with the Clerk of the Circuit Court of Indian River County
and shall remain in effect until modified by subsequent
Agreement. The Agreement may be terminated in writing by
either party prior to the beginning of each fiscal year (Oc-
tober 1) with sixty (60) days written notice.
2. The SWDD shall include in its contractual services for sin-
gle family residential curbside recycling, service to those
single family residences located within the CITY.
3. The CITY agrees to the service to be provided by the SWDD
and shall reasonably cooperate with the SWDD in the imple-
mentation and operation of the service.
4. The CITY shall reasonably cooperate with the SWDD in (a)
providing information necessary for completion of the SWDD's
annual report to FDER on recycling activities as required by
Section 403.706(7) Florida Statutes and (b) developing a re-
cycling program for the SWDD and the CITY.
Page 2.
5. The SWDD's and CITY's recycling programs shall also include
a public education program to promote recycling.
6. Any notice that may be extended by one party ,C0 the other
pursuant to, or as a result of, this Agreement."shall be ex-
tended by regular, first class United States"mail! po~tage
prepaid or by hand delivery as follows: ~.~.
To the CITY: Robert McClary ..
City Manager
City of Sebastian
1225 Main Street
Sebastian, FL 32958
To the SWDD: Ronald R. Brooks
Solid Waste Disposal District
1840 25th Street
Veto Beach, FL 32960
Any party to this Agreement may unilaterally redesignate the ad-
dress of or person to whom notice is to be directed by giving no-
tice to all other parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed by their duly authorized officers the day and year
first above written.
ATTEST . CITY OF SEBASTIAN
BY:
city Clerk Mayor
DATE:
ATTEST
BOARD OF COMMISSIONERS
SOLID WASTE DISPOSAL DISTRICT
INDIAN RIVER COUNTY, FLORIDA
DATE:
BY:
Clerk Don C. Sourlock, Jr.
Chairman
RRB/dc
SEBINTL°/s2a
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
Sain% Sebastian Catholic Church
10th Annual Festival -
Fee Waiver Request
APPROVED FOR SUEMITrAL BY:
) Dept. Or±gin
)
) Date Sukmi~d 1/2/92
)
) For Agenda Of 1/8/92
)
) Exhibits: Dernbach Letter dated 12/31/91
EXPENDITURE A~ APPROPRIATI~
REQUIRED: BUDGETED: REQUIRED:
SUMVF~ STATE~ES~
Saint Sebas%ian Catholic (3~L~Ch is ~/ng its Tenth Annual Festival frcm
February 6-9, 1992 at the church grounds and is requesting the waiver of any
necessary permit fees.
The City Council, in past years, approved the waiver of fees for this
festival.
~ED ACTION
If Council co,curs, move %o waive any necessary permit fees for the Sain%
Sebastian Catholic Church Tenth Annual Festival.
SAINT SEBASTIAN CATHOLIC CHURCH
P. O. Box 781212
Sebastian, Florida 32978-1212
(407) 589-5790
December 31, 1991
Mayor Will Conyers
Members of the Council
City of Sebastian
Sebastian, F1 32958
Dear Mayor Conyers and Members of the Council:
Saint Sebastian Catholic Church of Sebastian will be sponsoring it's
Tenth Annual Festival during the period of February 6-9,1992. These
dates are inclusive.
We are using the church grounds as the site of the Festival this
year. We have made the necessary arrangements for sanitation and
clean-up.
Requesting your support in this endeavor and the waiving of any
necessary fees that might be associated with such an endeavor would
be appreciated.
Sincerely Yours,
Eugene Dernbach,
Chairman
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (4O7) 589-5330 [] FAX (407) 589-5570
SUBJECT: Federal Records
Depository
Approved For Submittal By:
City Manager
)
)
)
)
)
1
)
)
)
)
)
)
Agenaa No. q~. 00 ~
Dept. of Origin: city ManaGer
Date Submitted: 01/02/92.
For Agenda Of:
Exhibits:
01/,Q,~/92
REQUIRED
EXPENDITURE:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED=
SUMMARY STATEMENT
The United States Department of Archives currently operates
twelve (12) Federal Records Depositories. The closest depository
is in Atlanta, GA. The United States Department of Archives may
be interested in operating another Federal Records Depository to
be located in Florida. A local citizen, Mrs. Edra Young, has
asked the city to use its efforts to locate a Federal Records
Depository within the city of Sebastian.
RECOMMENDED ACTION
Review presentation by Mrs. Edra Young and provide direction to
staff.
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
Resolution No. R-92-01
Non-Bind~ Referendum
Re: CR 512 Twin Pairs
APPROVED FOR SL~MIT~AL BY:
mom. No.
Dept. Origin City Clerk
Date Su~nitted 1/2/92
For Agenda Of 1/8/92
Exhibits: Resolution No. R-92-01
City At-tozney Letter 12/20/91
EXPENDITURE A~EN3NT APPROPRIATION
REQUIRED: BIJDGErED: RE~3IRED:
SUMMARY STATSb~ENT
The City Council, at its December 12, 1991, Regular Meetir~, passed a motion
to place a ncn-bind~ (straw ballot) referendum question on the March 10,
1992 ballot re~a~ the proposed CR 512 twin pairs project.
Resolution No. R-91-02 is attached for ~our consideration.
If Council concurs, move to adopt Resolution No. R-92-01, placin~ nc~-binding
(.ql ,'aw ballot) referendum question on the March 10, 1992 ballot.
RESOLUTION NO. R-92-01
A RESOLUTION OF THE CITY OF SEBASTI~%N, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A NON-BINDING (STRAW
BALLOT) REFERENDUM~ PROVIDING FOR THE SCHEDULING OF A
NON-BINDING (STRAW BALLOT) REFERENDUM IN THE CITY OF
' SEBASTIAN ON THE 10TH DAY OF MARCH, 1992, ON THE QUESTION
OF WHETHER THE BOARD OF COUNTY COMMISSIONERS FOR INDIAN
RIVER COUNTY, FLORIDA, SHOULD PROCEED WITH THE
CONSTRUCTION OF A TWIN PAIRS CONCEPT FOR THE EASTERN
PORTION OF COUNTY ROAD 512~ PROVIDING FOR THE MANNER IN
WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE
TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING
THE FORM OF THE BALLOT FOR SUCH ELECTION~ DIRECTING THE
CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH
A COPY OF THE RESOLUTION; PROVIDING FOR PUBLIC NOTICE OF
SUCH ELECTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners for Indian River
County, a political subdivision of the State of Florida, has
indicated that it intends to proceed with utilizing.a twin pairs
concept for the widening of the eastern portion of County Road
512; and
WHEREAS, the City Council of the City of Sebastian, Indian
River County, Florida, has determined that it would be in the
best interests of the residents and businesses in the City of
Sebastian to allow the voters of the City of Sebastian to
indicate whether or not they support the position of the Board of
County Commissioners for Indian River County.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
SECTION I
That a non-binding (straw ballot) referendum shall be
conducted at the polling places located for the voters who are
residents of the City of Sebastian, Indian River County, Florida,
on Tuesday, the 10th of March, 1992, to vote on whether they
support the position of the Board of County Commissioners for
Indian River County, a political subdivision of the State of
Florida, to utilize a twin pairs concept for the widening of the
eastern portion of County Road 512.
SECTION II
The places of voting in such referendum shall be the usual
places of voting in the City of Sebastian, Florida, in the
regular election as follows:
PRECINCT POLLING PLACE
A. Precinct 12...The Sebastian Community Center...1805 N. Central Ave.
B. Precinct 14...First Church of the Nazarene... 50 S. Wimbrow Dr.
C. Precinct 15...North Indian River Co.Library...1001 Fellsmer~c~d~lt~
D. Precinct 16. Calvary Baptist Church...123 Thumderbird Dr. ' ~
The polls shall open at such voting places on March 10,
1992, from 7:00 a.m. to 7:00 p.m. Ail duly qualified electors
residing within the City of Sebastian shall be entitled to
participate and vote in.such referendum.
SECTION III
The purpose of this election shall be to present a non-
binding (straw ballot) referendum issue to the electors of the
City of Sebastian of whether or not to support the decision of
the Board of County Commissioners for Indian River County,
Florida, to utilize a twin pairs concept for the widening of the
eastern portion of County Road 512. The ballot shall be
substantially in the following form:
- 2 -
BALLOT
CITY OF SEBASTIAN, FLORIDA
Non-binding Referendum
Referendum N°. 4: Determining support for the twin pairs
concept for County Road 512.
Should the Board of County Commissioners for
Indian River County, Florida, proceed with
the construction of a twin pairs concept for
the eastern portion of County Road 5127
Yes for Approval
No for Rejection
SECTION IV
Notice of such election shall be published in a newspaper of
general circulation according to the laws of the State of
Florida.
SECTION V
This Resolution shall take effect immediately upon final
passage.
The foregoing Resolution was moved for adoption by
Councilman
Councilman
the vote was as follows:
Mayor W. E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George G. Reid
. The motion was seconded by
and, upon being put into a vote,
- 3 -
The Mayor thereupon declared this Resolution duly passed and
adopted this day of , 1992.
CITY OF SEBASTIAN, FLORIDA
ATTEST: By:
W.E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
Charles Ian Nash, City Attorney
- 4 -
COUNSEL
~:~RESE. ]~ALLACE, I~ASH & ~I~oRPY, P. /L
A??o~EYS AT ~W
930 S. ~0R C~ BL~.
S~ 505
~0U~E. ~O~A 32901
(407) 9~-3300
F~ (407) ~51-3741
December 20, 1991
Ms. Kathryn M. O'Halloran, CMC/AAE
City Clerk
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978-0127
Re:
Resolutions
Our File No. 88-2496
Dear Kay:
I have enclosed with this letter the original proposed
version of proposed Resolution No. R-92-01. I would respectfully
request that it be placed on the January 8, 1992 City Council
agenda for their consideration.
If you have any questions concerning the content or format
of the enclosed Resolution, please do not hesitate to contact me.
Wishing you, your staff, and your family a very happy
holiday season.
Very truly yours,
FRE~~jE, NASH
CHAR~ES I~ NASH
City Attorney
& TORPY, P.A.
CIN/lcr
Enclosure as stated
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
Ordinance No. 0-91-31
Charter Amendment Re:
Electicos for 3/10/92
Ballot
APPROVED FOR SUBMI~AL BY:
City Manager: ~
) De~c. O~lgin ~ ~k
)
) Da~ S~~ 1/3/92
)
) For ~ Of 1/8/92
)
) ~bi~: 0-91-31
EXPENDITURE AMOUNT APPROPRIATION
REQUIRED: BUDGETED: REQUIRED:
~ STATHMENT
While proofreading~titles for the January 8, 1992 agenda, this
office discovered that there~~r~screpanciesbetweenthe original
ordinance title suhmitted bythe City Attorney and distributedtothe City
Council in the December 18, 1991 packet and the title as it was retyped and
appeared onthe~ 18, 1991 agenda and in the legal ad in the Press
Journal on December 24, 1991.
The words "portion of" were added in the fourth line, the word "secticn"
was left out of the foorthline, and theword "city" was left out of the
twenty-eighth line (of T_he title). Although thesewords do not affect the
cc~tent of th e ordinance, it is the advice of the City Attorneythatwereread
this u£dinanceonJanuary8, 1992 (first read/ng), readvertise in legal
notices ands et a publichesring for January 22, 1992 whlchgives us
sufficient t/me to place the referendum question c~ the March 10, 1992
ballot.
The attached corrected ordinance contains the words "po~tic~ of", "section",
and "city".-
We apologize for the error.
RE~ED ACTION
Read Ordinance No. 0-91-31 by title only and move to approve the first reading
and set public hearing for January 22, 1992.
ORDINANCE NO: 0-91-31
AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN
RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO
SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN
ORDER TO AMEND PORTIONS OF THE CITY CHARTER;
AMENDING SECTION 4.06 OF THE CITY CHARTER
PERTAINING TO ELECTION PRECINCTS AND POLLING
PLACES; PROVIDING THAT ELECTION PRECINCTS AND
POLLING PLACES SHALL BE ESTABLISHED BY THE
SUPERVISOR OF ELECTIONS FOR INDIAN RIVER COUNTY,
FLORIDA; AUTHORIZING THE CITY COUNCIL. TO ESTABLISH
ELECTION PRECINCTS AND POLLING PLACES IN THE EVENT
THE SUPERVISOR OF ELECTIONS FOR INDIAN RIVER
COUNTY FAILS TO PERFORM SUCH DUTIES; AMENDING
SECTION 4.07 OF THE CITY CHARTER PERTAINING TO THE
ADOPTION OF NECESSARY ARRANGEMENTS FOR HOLDING ALL
CITY ELECTIONS; PROVIDING THAT THE CITY COUNCIL
SHALL MAKE ALL THE NECESSARY ARRANGEMENTS FOR CITY
ELECTIONS IN CONJUNCTION3 WITH THE CITY CLERK
THROUGH RESOLUTION; AMENDING SECTION 4.08 OF THE
CITY CHARTER PERTAINING TO THE CANVASSING OF
ELECTION RETURNS; AUTHORIZING THE CITY CLERK TO
APPOINT A CITY ELECTION CANVASSING BOARD IN THE
EVENT THE SUPERVISOR OF ELECTIONS FOR INDIAN RIVER
COUNTY, FLORIDA, FAILS TO APPOINT SUCH A BOARD;
PROVIDING PROCEDURES FOR CONVENING THE CITY
CANVASSING BOARD AND RECORDING RESULTS OF THE
BOARD; PROVIDING FOR A SPECIAL MEETING OF THE CITY
COUNCIL FOR THE PURPOSES OF RECEIVING RESULTS OF
THE CITY CANVASSING BOARD, DECLARING ELECTION
RESULTS AND ADMINISTERING OATHS OF OFFICE TO NEWLY
ELECTED CITY OFFICIALS; AMENDING SECTION 4.09 OF
THE CITY CHARTER PERTAINING TO BALLOTS; PROVIDING
THAT BALLOTS SHALL CONFORM TO THE FORM OF BALLOTS
PRESCRIBED BY THE GENERAL ELECTION LAW OF THE
STATE OF FLORIDA; PROVIDING FOR THE MANNER IN
WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING
THE TIME AND PLACES FOR HOLDING SUCH ELECTION;
ESTABLISHING THE FORM OF THE BALLOT FOR SUCH
ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE
SUPERVISOR OF ELECTIONS WITH A COPY OF THE
ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH
ELECTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 166.031 of the Florida Statutes provides that
the governing body of a municipality may submit to the electors of
that municipality a proposed amendment to all or part of its
charter; and
WHEREAS, the City Council of the City of Sebastian, Indian
River County, Florida, has determined that certain revisions
should be made to the Charter in order to provide more efficient
and comprehensive procedures with respect to municipal elections;
and
WHEREAS, the City Council desires to submit the amendments
to the Charter for ratification by the electors of the City of
Sebastian, Indian River County, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That the existing Section 4.06 of the Charter
of the City of Sebastian, Florida, is hereby amended by deleting
said Section in its entirety and adding the following provision
in lieu thereof:
"Sec. 4.06. Elections - Precincts and polling
places; designation of same.
(a) The establishment of election
precincts and polling places, including the designation
of the number, boundaries and location of same, for the
purpose of holding municipal elections, shall be
established by the Supervisor of Elections for Indian
River County, Florida. In the event the Supervisor of
Elections for Indian River County, Florida, fails to
perform such duties, or in the event the authority of
the Supervisor of Elections for Indian River County,
Florida, to perform such duties is revoked or
rescinded, such authority shall be held by the City
Council.
2
(b) In the event that neither the
Supervisor of Elections for Indian River County,
Florida, nor the City Council establishes an el.ection
precinct and polling place for the City of Sebastian
with respect to any municipal election, then the
election precinct shall be the entire corporate
boundaries of the City of Sebastian and the polling
place shall be the Sebastian Community Center."
Section 2. That' the existing Section 4.07 of the Charter
of the City of Sebastian, Florida, is hereby amended by deleting
said Section in its entirety and adding the following provision
in lieu thereof:
"Sec. 4.07.
inspectors and clerks.
Elections - How Arranged;
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 same 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 State law."
Section 3. That the existing Section 4.08 of the Charter
of the City of Sebastian, Florida, is hereby amended by deleting
said Section in its entirety and adding the following provision
in lieu thereof:
"Sec. 4.08.
election returns.
City Canvassing Board; canvass of
(a) If the Supervisor of Elections for
Indian River County, Florida, does not appoint a
Canvassing Board to canvass the ballots cast in a
municipal election involving the City, then the City
Clerk shall appoint a City Canvassing Board to be
composed of three (3) individuals; one (1) member shall
3
be the City Clerk 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 canvass 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.
(c) The City CounCil shall hold a special
meeting on the first Monday following the election for
the purpose of receiving the certificate of the
canvassing of the returns by the Supervisor of
Elections 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. Any
oath of office required to be administered to the newly
elected mayor and council members shall be administered
at such special City Council meeting or at the next
City Council meeting where the newly elected mayor or
council members are in attendance."
Section 4. That the existing Section 4.09 of the Charter
of the City of Sebastian, Florida, is hereby amended by deleting
said Section in its entirety and adding the following provision
in lieu thereof:
"Sec. 4.09. Same - Ballots.
The ballots shall conform to the form of
ballots prescribed by the general election law of the
State of Florida."
Section 5. An election is hereby called and scheduled to
be held on March 10, 1992, to determine whether the revisions to
the Charter of the City of Sebastian, Florida, shall be approved
4
by a majority of the votes cast in such election, in which the
qualified electors residing in the City shall participate.
Section 6. The places of voting in such election shall be
the usual places of voting in the City of Sebastian, Florida, in
the regular election as follows:
PRECINCT POLLING PLACE
Precinct 12 ........................ The Sebastian Community Center
1805 North Central Avenue
Precinct 14 ........................ First Church of the Nazarene
50 South Wimbrow Drive
Precinct 15 ........................ The North Indian River County
Library
1001 Fellsmere Road (CR 512)
Precinct 16 ........................ Calvary Baptist Church
123 Thunderbird Drive
The polls shall open at such voting places on March 10,
1992, from 7:00 a.m. to 7:00 p.m. Ail duly qualified electors
residing within the City of Sebastian shall be entitled to
participate and vote in such election.
Section 7. The purpose of this election shall be to
present a referendum issue to the electors of the City of
Sebastian of whether or not to adopt revisions to the City
Charter. The ballot shall be substantially in the following
form:
BALLOT
CITY OF SEBASTIAN, FLORIDA
Referendum
Referendum No. 3: Amending City Charter regarding municipal
elections, ballots and canvassing board.
Shall the City of Sebastian amend the City Charter to
provide that City Council shall establish election
precincts and polling places on failure of Supervisor
of Elections for Indian River County, Florida, to
perform such duties; to provide method for calling
municipal elections and declaring results; to provide
method for canvassing results, appointing canvassing
board and accepting results of board; to provide for
form of ballots?
Yes for Approval
NO for Rejection
Section 8. Notice of such election shall be published in a
newspaper of general circulation according to the laws of the
State of Florida.
Section 9.
upon its passage.
This Ordinance shall take effect immediately
The foregoing Ordinance was moved for adoption on second
reading by Councilman
seconded by Councilman
put into a vote, the vote was as follows:
The motion was
.... , and, upon being
6
Mayor W. E. Conyers
Vice Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George G. Reid
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1992.
CITY OF SEBASTIAN
ATTEST:
By:
W.E. Conyers, Mayor
Kathryn M. O'Halloran,
CMC/AAE, City Clerk
(Seal)
7
I HEREBY CERTIFY that notice of public hearing on
this Ordinance was published in the Veto Beach Press Journal as
required by State Statute, that one public hearing was held on
this Ordinance at 7:00 p.m. on the day of
, 1992, and that following said public
hearing this Ordinance was passed by the City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash
City Attorney
8
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT= Legal Fees For $750,000)
Loan )
)
)
Approved For Submittal By: )
city Manager
Agenda No.
Dept. of origin: City Attorney (CIN)
Date Submitted: 01/02/92
For Agenda Of: 01/08/92
) Exhibits:
) - Nash Letter Dated 12/23/91
) - Wickersham Letter Dated 12/17/91
) - Mahoney Adams & Criser, P.A.
) Invoice Dated 12/17/91
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The loan agreement between the City and Barnett Bank of the Treasure
Coast, which the City used to acquire the CAVCORP Property, required
the City to pay legal fees and costs of the bank's legal counsel. At
the loan closing, $8,000 was escrowed into the city Attorney's Escrow
Account for the payment of these fees. The bank's lawyer has
certified their legal fees to be $7,532.75. A total of $8,000 is
escrowed in the City Attorney's Trust Account to pay these legal fees
and costs.
RECOMMENDED ACTION
Move to approve the disbursement of $7,532.75 to the Law Firm of
Mahoney Adams & Criser, P.A., for legal fees and costs in connection
with the $750,000 loan from Barnett Bank of the Treasure Coast.
i~RESE. I~.~LhOE. NASH & TOEPY. P. ~
ATTO~YS AT hW
930 S, ~0R CITY BL~.
S~TE 505
(407) 9~-3300
F~ (407) 951-3741
ESTAT~ P~mNO ~b PRO~TE
December 23, 1991
Robert S. McClary, city Manager
City of Sebastian
P.O. Box 780127
Sebastian, FL 32978-0127
Re:
Purchase from Cavcorp Properties
Our File No. 91-7382
Dear Robb:
I have enclosed a copy of the correspondence I received from Ralph
R. Wickersham, Esq., the attorney who represented Barnett Bank of
the Treasure Coast relative to the captioned matter, along with his
billing statements. Please put this matter on the City Council
agenda for January 8, 1992, for them to approve the disbursement
of the sum of $7,532.75 from the $8,000 escrowed in our law firm's
trust account to pay legal fees and costs of the bank's legal
counsel in connection with the captioned matter.
Thank you for your cooperation in this regard.
Very trul~ours,
FRESE, F~LLACE, NASH
Charl.s lan Na~h
City Attorno7
& TORPY, P.A.
CIN/niz
Enclosures as stated
MAHONEY ADAMS & CRISER, P. A.
3300 BARNETT CENTER · 50 NORTH LAURA STREET
POST OI~FICE BOX 4099
.IACKSONVILLE~ FLORIDA 32:~0I
(904) 354-1100 · TELECOPiER (904)798-~698
December 17, 1991
Mr. Charles Nash
Frese, Fallace, Nash & Torpy, P.A.
930 South Harbor city Boulevard
Suite 505
Melbourne, Florida 32901
Re:
City of Sebastian $750,000 Promissory Note sold to
Barnett Bank of the Treasure Coast
Dear Charles:
Enclosed is an invoice showing a breakdown of our time in
connection with the above-referenced matter. The amount is
slightly more than I had included in my November 20th invoice
because post closing matters took slightly more time than I had
estimated.
I am enclosing another copy of my November 20th invoice; since
that is the amount that I gave you on November 20th as our fee, I
am willing to stick to that amount even though the actual time was
slightly more, though, still below the agreed upon cap.
Sincerely,
Ralph R. Wickersham
RRW:tlg
Enclosure
MAHONEY ADAMS 8~: CRISER, P. a.
3300 BARNETT CENTER - 50 NORTH LAURA STREET
POST OFfiCE BOX 4099
JACKSONVILLE, FLORIDA ,~,~'~'01
(904) 354-1100 · T£L£COI~IER (904} 798-;~698
December 17, 1991
City of Sebastian
1225 Main Street
Sebastian, Florida
32958
Re:
City of Sebastian
File No.: 16519.104
Professional Services rendered in
connection with issuance by city
of Sebastian of its $750,000 Note,
including but not limited to
preparation of Resolution and related
documents and preparation of filing
of all required federal and state
filings
48.5 hours @ $150.00 hour
Out of pocket expenses (long distance,
photocopying and mail)
$7,275.00
257.75
$7,532,75
Barnett Bank of the Treasure Coast
c/o Charles Nash
Frese, Fallace, Nash & Torpy, P.A.
930 S. Harbor City Boulevard
Suite 505
Melbourne, Florida 32901
INVOICE NO: 21010
DATE: DECEMBER 17, 1991
FILE NO: 16519.104
PAGE: 1
City of Sebastian
($750,000 5 yr Note)
LEGAL SERVICES RENDERED IN CONNECTION WITH SALE BY CITY OF SEBASTIAN, FLORIDA OF $750,000 NOTE TO
BARNETT BANK OF THE TREASURE COAST
06/19/91 R R Wickersham
06/20/91 R R Wickersham
07/17/91 R R Wickersham
07/23/91 R R Wickersham
09/24/91 R R Wickersham
10/01/91 R R Wickersham
10/15/91 R R Wickersham
10/22/91 R R Wickersham
Telephone conference with Ms.
Tilton regarding preparation
of commitment letter;
preparation and
revisions to commitment
letter; various telephone
conferences with Ms. Tilton
regarding revisions and document
requirements for Tax exempt loan.
Telephone conference with Ms.
Tilton regarding revisions to
commitment letter.
Telephone conference with
Barbara'Tilton regarding
further revisions.
Telephone conference with
Barbara Tilton regarding
approval by loan committee.
Telephone conference with Ms.
Tilton regarding revising
bid.
Review commitment letter;
telephone conference with Ms.
Tilton regarding revisions and
documentation required.
Telephone conference with Ms.
Tilton regarding revisions.
Telephone conference with Ms.
Tilton; review and revise
commitment letter.
HOURS
4.30
.2O
.20
.2O
.2O
.2O
.10
.3O
INVOICE NO: 21010
DATE: DECEMBER 17, 1991
FILE NO: 16519.104
PAGE: 2
City of Sebastian
($750,000 5 yr Note)
10/23/91 R R Wickersham
10/24/91 R R Wickersham
10/25/91 R R Wickersham
10/26/91 R R Wickersham
10/27/91 R R Wickersham
10/28/91 R R Wickersham
10/30/91 R R Wickersham
Review revised commitment
letter.
Telephone conference with Ms.
Tilton regarding required
documentation; telephone
conference with Mr. Frese
regarding scheduling of
closing; review documents
regarding preparation of
required terms.
Review Charter of City; review
information from Bank
regarding required
terms;preparation of drafts;
telephone conference with Ms.
Tilton regarding various
terms.
Preparation of draft of
resolution.
Prepartion of documents.
Review revised documents;
telephone conference with Ms.
Tilton regarding terms of
loan; telephone conference
with Mr. Frese regarding
information required for
documentation; preparation of
documents, opinions and
required filings with federal
and state authorities.
Telephone conference with Ms.
Tilton regarding revisions;
prepare and revise documents;
transmittal of documents to
City and bank.
HOURS
.10
1.50
4.90
3.70
2.40
3.70
2.40
11/04/91R R Wickersham
11/07/91 R R Wickersham
11/12/91 R R Wickersham
11/13/91 R R Wickersham
11/14/91R R Wickersham
11/15/91 R R Wickersham
11/18/91R R Wickersham
11/20/91 R R Wickersham
INVOICE NO: 21010
DATE: DECEMBER 17, 1991
FILE NO: 16519.104
PAGE: 3
City of Sebastian
($750,000 5 yr Note)
HOURS
Telephone conference with Ms.
Tilton.
.10
Review and revisions to
various documents.
1.30
Preparation of revisions to
various documents based on
commitments received from
Counsel for City and Bank
Review revisions; telephone
conference with Ms. Tilton
regarding disclosure letter;
telephone conference with Mr.
Nash regarding closing;
preparation and revisions to
documents to be filed with
governmental authorities.
Preparation of forms for
filing with State; various
revisions to documents; review
and revise opinion letter.
Preparation of final
documentation.
2.00
3.80
3.50
3.90
Review and revision of closing
package; preparation of
correspondence regarding
closing procedures and
documents.
3.90
Review file regarding status
and items required to be
completed; telephone
conference with Ms. Tilton
regarding documents and
procedure for closing;
telephone conference with Mr.
Frese regarding closing;
telephone conference with Mr.
Nash regarding closing
schedule.
2.60
INVOICE NO: 21010
DATE: DECEMBER 17, 1991
FILE NO: 16519.104
PAGE: 4
City of Sebastian
($750,000 5 yr Note)
11/21/91 R R Wickersham
11/25/91 R R Wickersham
11/26/91 R R Wickersham
12/02/91 R R Wickersham
12/05/91 R R Wickersham
12/09/91 R R Wickersham
Telephone conference with Mr.
Frese regarding missing
signatures from certificates;
telephone conference with Mr.
Frese regarding fact that only
one copy of documents had been
executed rather than three
copies; telephone conference
with Ms. Tilton regarding
closing.
Review package of documents
received from Bank to
determine items not completed
or missing.
Review closing documents to
determine items not received;
preparation of correspondence
to Mr. Frese regarding items
missing from closing
documents.
Receipt.and review of
correspondence from State of
Florida regarding Bond
Disclosure form.
Telephone conference with Mr.
Frese regarding documents and
information needed to complete
transaction; review statutes
regarding timing requirements
for filing documents
(information not yet forwarded
by City).
Receipt of correspondence from
Mr. Frese with required infor-
HOURS
.30
.60
.2O
.20
.5O
2.50
INVOICE NO: 21010
DATE: DECEMBER 17, 1991
FILE NO: 16519.104
PAGE: 5
City of Sebastian
($750,000 5 yr Note)
12/10/91 R R Wickersham
mation to complete doc-
uments; completion of
documents for filing and
preparation of
correspondence for filing with
state and United States
Government; preparation of
transcript.
Preparation of transcript.
HOURS
.8O
DATE
TOTAL HOURS 50.60
FEES FOR SERVICES RENDERED @ $150 per hour $
COST ADVANCES - (Long Distance, Photocopying and Mail)
7,590.00
257.75
TOTAL THIS INVOICE
$ 7,847.75
Thank you for the opportunity to represent you. If you have any questions
concerning this invoice, please notify us.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: Residential Trash
Colleotlon
Approved For Submittal By:
City Manager
Dept. of Origin: Finance (NLH,)
Date submitted:
For Agenda Of:
Exhibits:
01302/92
01/08/92
- Proposed RFP With Addendum A
(17 Pages)
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Residential trash is Collected by two (2) private contractors
under the term of franchises granted by the Sebastian city
Council. At its Regular Meeting of September 11, 1991, the city
Council extended these two (2) franchises for six (6) months to
March 19, 1992. The extension was granted in order to give staff
ample opportunity to prepare a request for a proposal ("RFP")
which would result in an exclusive franchise granted to one (1)
contractor for the collection of residential refuse on a bid
basis. The proposed RFP with all bidding documents is enclosed
for review by the City Council. Also, please note that the
bidding date and effective date in the RFP will need to be
changed.
RECOMMENDED ACTION
Review proposed request for proposals for residential refuse
collection service and direct staff to proceed with issuing the
RFP.
City of Sebastian, Florida
Requests for Proposals for
Residential Refuse Collection Service
November 25, 1991
City of Sebastian, Florida
REQUEST FOR PROPOSALS
Proposal Name: )
)
)
Proposal Date: )
Residential Refuse Collection Service
December 16, 1991; 2:00 P.M. (local time)
The City of Sebastian, Florida (hereafter referred to as the "City") desires to enter into an
exclusive franchise for the collection of solid waste and yard trash effective January 16, 1992 for
an initial term of three (3) years.
MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND.
Sealed proposals will be received by the City at the office of the City Clerk until 2:00 P.M. (local
time), on the proposal date in the Conference Room of City Hall, at which time all proposals will
be publicly opened and read aloud for furnishing equipment, materials, or services in accordance
with the enclosed specifications and Proposal Form(s).
Proposals may be mailed to the City Clerk's Office: Kathryn M. O'Halloran, CMC, City Clerk,
City of Sebastian, P.O. Box 780127, Sebastian, FL 32978-0127, or delivered to the City, City
Clerk's Office, 1225 Main Street, Sebastian, Florida. Facsimile Proposals will not be accepted.
Proposals must be in the possession of the City Clerk's Office prior to proposing call at 2:00 P.M.
(local time) on the proposal opening date. ANY PROPOSAL RECEIVED AFTER THE
SPECIFIED TIME WILL NOT BE CONSIDERED.
Proposals shall be sealed and plainly marked on the outside of the envelope:
Sealed Proposal for collection of solid waste and yard trash due of December 16, 1991 at
2:00 P.M.
Proposals shall be submitted on the enclosed forms or may be subject to rejection and Proposals
must be signed in ink in space(s) provided on Proposal Form(s). The proposal shall include all
information requested on form(s) and shall be in the units specified on each item. The proposer
shall enter the company name at the top and sign on the bottom of each page of the Proposal Form.
Unsigned proposals will be considered incomplete and subject to rejection.
The City wishes to emphasize that any exceptions or clarifications to the specifications should not
discourage proposers from responding. Any deviation from the specifications must be explained in
detail on sheets attached to the Proposal Form labeled "Clarifications and Exceptions". Each
deviation must be itemized by number and must specifically refer to the applicable specification
paragraph and page, otherwise, it will be considered items offered are in strict compliance with
these specifications and the successful proposer will be held responsible for meeting the
specifications. The City reserves the following rights: to waive clarifications and exceptions in
awarding the proposal in the best interest of the City; to accept or reject any or all proposals; to
waive any or all irregularities; and, to award the Contract for the exclusive franchise to the
responsible proposer whose proposal is determined by the City to be in its best interests.
PROPOSAL ERRORS: A proposer is expected to be fully informed as to the requirements of
these specifications and failure to do sOwill be at the Proposer's risk. A proposer shall not expect
to secure relief on the plea of error or misunderstanding. In case of error in the extension of
proposal prices, the unit prices will govern. Proposals having erasures or corrections must be
initialed in ink by the Proposer.
PROPOSAL: By signing the Proposal, the Proposer declares that the only person or parties
interested in the Proposal are those names in such Proposal and that the Proposal is in all respects,
fair and without fraud, and that it is made without collusion with any official of the City and that
the Proposal is made without any connection or collusion with any person submitting another
Proposal. The proposer further declares that no City Councilman, other City officer, or City
employee directly or indirectly owns more than five (5) percent of the total assets or capital stock
of the proposing entity, nor will directly or indirectly benefit by more than five (5) percent from
the profits or emoluments of this contract.
AGREEMENT: It is agreed by the Proposer that the signing and delivery of the Proposal
represents the Proposer's acceptance of the terms and conditions of the specifications and the
Agreement attached hereto and if awarded the Proposal by the City, the specifications, the
Agreement attached hereto and the Proposal .as accepted will represent the agreement between the
parties.
The City of Sebastian reserves the right to accept or reject any and/or all proposals, in whole or in
part, with or without cause, to waive any informalities and technicalities, and to recommend for
award of the Agreement on such coverage and terms it deems will best serve the interest of the
City. Criteria utilized by the City of Sebastian for determining the most responsible proposer
includes, but is not limited to, rates and distribution of costs, whether the proposer meets the City's
published specifications, the proposer's experience, skill, ability, business judgment, financial
capacity, integrity, possession of the necessary facilities or equipment, previous performance,
reputation, prompmess, and any other factor which could reasonably be asserted as being relevant
to successful performance.
BY:
Robert S. McClary, City Manager
City of Sebastian, Florida
Phone (407) 589-5330
City of Sebastian, Florida
EXCLUSIVE FRANCHISE AGREEMENT
~. D~DESCRIPT~O.N, OF,,WORK:
1.1
Contractor shall provide exclusive residential solid waste collection services within
the City limits of the City of Sebastian. The contract must include all specified
services; no partial or split service proposals will be considered. The contractor
will be responsible for both the billing and collection of solid waste fees and has the
right to discontinue services to customers for non-payment.
1.2
It is the responsibility of the contractor to become familiar with and to determine
the nature and conditions affecting the collection and disposal of residential solid
waste in the City of Sebastian. The contractor is responsible for determining the
impact and complying with the Florida Solid Waste Management Act.
1.3
The contractor shall provide at his/her own expense, all labor, insurance,
supervision, machinery and equipment, plant building, trucks and any other tools,
equipment, accessories and things necessary to maintain the standard of collections
and disposal set forth herein.
1.4
The contractor shall conduct his/her work in such a manner as to avoid damage to
adjacent private or public property and shall operate with due care in the vicinity of
such utilities, and shall immediately repair or have repaired at no additional cost to
the owner any breakage or damage caused by its operation. The contractor shall
immediately notify the Public Works Director of such damage and shall advise of
corrective action taken or to be taken.
1.5
The contractor shall not litter or cause any spillage to occur upon the premises or
the rights-of-way wherein the collection shall occur. The contractor may refuse to
collect any solid waste that has not been placed in a receptacle as provided herein,
and shall provide proper notification to the property owner specifying corrective
action. During hauling, all solid waste shall be contained, tied, or enclosed so that
leaking, spilling, and blowing is prevented. In the event of any spillage caused by
the contractor, the contractor shall promptly clean up all spillage.
1.6 All solid waste shall be hauled to those sites or facilities maintained by the county,
or other approved facilities within Indian River County.
1.7 The additional quantity of refuse generated by the influx of seasonal visitors and
4
residents will not be a justification for the contractor to fail to maintain the required
collection schedules, routes and levels of services.
1.8 This Franchise Agreement does not create a mandatory trash collection service for
all City residents.
2. RF_3IDENTIAL COLLECTION SERVICE:
2.1
The contractor shall have the exclusive right to collect and dispose of all solid
waste, except infectious waste, hazardous waste, biohazardous waste, biological
waste and sludge, from all Residential Customers. Residential Customers consist of
single family homes, multi-family units, individual mobile homes and other living
units. Multi-family units and Mobile Home Parks with centralized collection
facilities, i.e. dumpsters, etc., and collection containers in excess of three (3) cubic
yards are considered commercial service and not covered under this Agreement.
2.2
The contractor shall collect solid waste from places of residence within the contract
collection area at least two (2) times per week, with collections at least three (3)
days apart. In addition to the solid waste collection, yard trash pickups will be
made on one specified and published day per week. All yard trash must be bundled
or in reuseable containers. Grass clippings and small branches, etc. must be in
biodegradeable paper bags or other reuseable containers. Yard trash contained in
plastic bags will not be picked up. Yard trash must be separated from all other
refuse.
Household furniture need not be containerized and will be picked up with regular
trash collection service.
Household appliances will be picked up at no additional charge on a one week on
call basis and must be recycled at the appropriate locations.
2.3
Collection shall begin no earlier than 7:00 a.m., and shall cease no later than 6:00
p.m. Monday through Friday. In the case of an emergency, collection may be
permitted at times not allowed by this paragraph, provided the contractor has
received prior approval from the City Manager or his/her designee, to be later
evidenced by a written memorandum confirming the approval. No collection shall
occur on Sundays or holidays except in a time of emergency. Special pickups may
be requested by customers at additional cost which shall be billed by the contractor.
2.4
Collections of residential solid waste shall be at curbside or right-of-way. In the
event an appropriate location cannot be agreed upon, the City manager shall
designate the location.
Any costs associated with identification of contractor's customers is to be borne
solely by the contractor. Such identification may be in the form of stickers or other
medium affixed to the trash receptacles, etc., or other form of identification but not
to exceed 5"x7" in size.
2.5
The contractor shall be required to pick up all residential refuse which has been
properly prepared and stored for collection. All garbage, ashes, and rubbish shall
be placed in a garbage can not larger than 35 gallons, or in such other disposal bag
and shall be placed at curbside or at such other single collection point as may be
agreed upon by the contractor and the customer.
2.6
The contractor shall make collections with a minimum of noise and disturbance to
the householder. Any garbage or trash spilled by the contractor shall be picked up
immediately. Receptacles Shall be handled carefully by the contractor, shall not be
bent or otherwise abused, and shall be thoroughly emptied and then left at the
proper point of collection.
2.7
The contractor shall collect trash from normal maintenance of vacant lots that are
within the City in the same manner as the collection from residences. It will not be
the responsibility of the Contractor to remove trash resulting from clearing property
for building purposes. If it is the practice of the area residents to place their yard
trash or solid waste in the right-of-way of a vacant lot, that waste shall also be
collected in the same manner as the collection from residences.
3. SCHEDULE,S..,..ROUTES, STORMS AND HOLIDAYS:
3.1
The contractor shall provide the City with schedules for all collection routes and
keep such information current at all times. If any change in the collection routes
occurs, then the City shall be immediately notified in writing. The City Manger
shall approve all permanent changes in routes or schedules that alter the day of pick
up. Upon approval by the City Manager, the contractor shall publish in a
newspaper of general circulation in Indian River County at least seven (7) days
prior to the effective date of such route or schedule changes. The cost of
publication shall be borne solely by the contractor. In addition the contractor shall
be responsible for advertising all route and collection information in a newspaper of
general circulation in Indian River County at least twice per year, on or about the
1st of March and the 1st of September of each year, the cost of which is to be
borne solely by the contractor.
3.2
In case of a storm or hurricane, the City Manager or his/her designee may grant the
contractor reasonable variance from regular schedules and routes. As soon as
practicable after such storm, the contractor shall advise the City Manger and the
customer of the estimated time required before regular schedules and routes can be
resumed. In the case of a storm where it is necessary for the contractor and the
City to acquire additional equipment and to hire extra crews to clean the City of
debris and refuse resulting from the storm, the contractor shall be required to work
with the City in all possible ways for the efficient and rapid cleanup of the City.
The contractor shall receive extra compensation above the Contract Agreement for
additional labor, overtime, and cost of rental equipment, provided he has first
secured prior written authorization from the City Manager or h/s/her designee. The
total cost for such service shall be based on rates jointly agreed to in advance by
the City Manger or his/her designee and the Contractor. In the event of such storm
or hurricane emergency, the City reserves the right to assign route or pick-up
priorities as deemed necessary by the City Manager.
3.3
The City agrees to exempt residential collection from the normal collection schedule
on the following holidays: New Year's Day, Memorial Day, Independence Day,
Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day. These
Holidays will be indicated in the initial public notice to customers in a local
newspaper of general circulation. The contractor will be excused from trash pickup
these days and will not be required to make up the lost pickup day.
3.4
The contractor shall have on hand at all times and in good working order such
equipment as shall permit the contractor to adequately and efficiently perform its
contractual duties. The equipment shall be of the enclosed loader packer type and
all equipment shall be kept in good repair, appearance, and in a sanitary and clean
condition at all times.
4. OTHER PROVISIONS:.
4.1
The contractor shall comply with all applicable City, State and Federal laws as to
wages, hours, and all other applicable laws relating to the employment or
protection of employees, now or hereafter in effect.
4.2
The contractor is required and hereby agrees by execution of this Franchise
Agreement to pay all employees not less than the Federal Minimum wage and to
abide by other requirements as established by the Congress of the United States in
the Fair labor Standard Act as amended and changed from time to time.
4.3 No person shall be denied employment by the contractor for reasons of race, sex,
national origin, creed, age, physical handicap, or religion.
4.4
There will be no changes in rates for the duration of the initial twelve month
period. Adjustments to rates in subsequent years will be supported by changes in
the cost of property taxes, disposal charges and fuel charges. All changes in rates
supported by fuel charges will be limited to changes in a nationally recognized fuel
index with 1992 used as a base period. Reductions in costs must be reflected in any
rate changes. All petitions for rate changes must be approved in advance by the
City Manager and evidenced by corroborative evidence reviewed and approved by
the Finance Director.
4.5 The. contractor shall pay to the City of Sebastian a five percent (5%) of gross
receipts franc, rise fee. quarterly, gnd.. agrees, all ..contractor's records will be available
for.inspection...with reasonable notice and during regular business hours, to support
the franchise fee.
4.6
The contractor shall prepare, in accordance with format approved by the City, and
maintain a register on all complaints and indicate the disposition of each complaint.
Such record shall be available for the City to inspect at all times during business
hours. Unresolved customer complaints without valid cause is considered a
violation of this Franchise Agreement.
4.7 The contractor shall obtain, at his/her own expense, all permits and licenses
required by law or ordinance and maintain the same in full force and effect.
4.8
Upon the City's acceptance of this Franchise Agreement, the contractor shall notify
the general public and all residential service customers that the contractor will be
providing exclusive trash pickup services within the City of Sebastian. Contractor
shall supply necessary information to begin service to prospective customers, and
shall publish the days of pickup, holidays when no service will be provided, general
rate structure, and general information to provide a smooth transition from the
current service to the new exclusive service. Such notice shall be in a local
newspaper of general circulation in Indian River County, twice prior to beginning
services, and in two consecutive months after service begins.
4.9
A copy of the general liability insurance policy shall be fried with the City Clerk of
the City of Sebastian and proof of premium payments shall be submitted to the
Clerk during the term of this franchise, including any extensions.
5.0
The company will maintain and operate its residential trash collection service in
accordance with the laws of the State of Florida and the rules, regulations, and
Franchise Ordinances as are or may be set forth by the Council from time to time.
Failure of the contractor to promptly and faithfully keep, perform, and abide by
each and all of the terms and conditions of the franchise and rules and regulations
as set forth by Council shall constitute a violation of the Franchise Agreement and
may be terminated by the City as specified in the Franchise Ordinances.
City of Sebastian, Florida
INSTRUCTIONS TO PROPOSERS
1. COLLECTION AGREEMENT:
1.1
All sections of the City's Solid Waste and Yard Trash Collection agreements (the
"Agreement" or "Contract" or "Franchise") and all supplementary documents are
essential parts of the City's Contract and requirements occurring in one are as though
occurring in all. These specifications and documents in their entirety shall be included
in, and made a part of, the Contract between the City and the successful proposer.
2. BO. ND REOUIREMENTS:
2.1
Bond requirements are detailed in the Agreement. Bonds will be required for the City
and should be on the Bond forms attached hereto.
3. PREPARATION OF PROPOSALS.,:
3.1
Proposals shall be submitted on the prescribed form included herewith. All blank
spaces must be filled in as noted in ink or type. Proposals having erasures or
corrections must be initialed in ink by the Proposer.
3.2
Only one proposal from any individual firm, corporation, organization or agency
under the same or different name shall be considered. Should it appear to the City
that any Proposer is interested in more than one proposal, all proposals in which such
Proposer has interest will be rejected.
3.3
Any deviation from the Agreement or attachments hereto must be explained in detail.
Otherwise, it will be considered that the labor, materials and equipment proposal is in
strict compliance with the Agreement and attachments and the successful Proposer will
be held responsible for meeting all the terms thereof. Any exceptions or clarifications
shall be clearly indicated on a separate sheet(s) attached to the Proposal Form and
shall specifically refer to the applicable specification paragraph and page.
3.4
A proposer is expected to fully inform him/herself as to the requirements contained
herein and failure to do so will be at his/her own risk. A Proposer shall not expect to
secure relief on the plea of error.
4. OUALIFICAT!._ON OF PROPOSERS:
4.1
The City reserves the right to make such investigations as it may deem necessary to
establish the competency and financial ability of any Proposer to perform the work.
4.2
If, after an investigation, the evidence of competency and financial ability is not
satisfactory, the City reserves the right to reject the proposal.
5. RECEIPT AND OPENING OF PROPO_$ALS:
5.1
All proposals must be submitted in a sealed envelope, addressed, and mailed or
delivered as stated in the Request for Proposals. Any Proposer may withdraw his/her
proposal either personally, or by telegraphic or written communication at any time
prior to the scheduled closing time for the proposal.
5.2
The Proposer shall submit his/her proposal on the form furnished along with all
information indicated on the form. Proposals shall be in the units specified for each
item. The Proposers shall enter the company name wherever the Proposal Form so
indicates, and shall sign the Proposal Form wherever the Proposal form so indicates.
5.3
Proposals shall be opened and publicly read at the time and place indicated in the
Request for Proposals.
6. (~ONSIDERATION OF PROPOSALS AND AWARD OF CONTRACT:
6.1
if the Contract is awarded, the City will accept the proposal and award the Contract to
the successful Proposer by written notice, within thirty (30) days after the opening of
the proposals. Notification will be mailed to the address as indicated on the Proposal
Form.
6.2
Failure on the part of the successful Proposer to execute the Agreement within fifteen
(15) days after notice of acceptance shall be just cause for annulment of award. The
City may then accept the proposal of another proposer or readvertise for proposals.
6.3
If the proposal of another Proposer is accepted, this acceptance shall bind such
Proposer as though he were the original successful Proposer.
6.4
The City reserves the right to waive any and all irregularities and to reject all
proposals in the best interest of the City and award the Contract to the responsible
Proposer whose proposal is determined to be in the best interest of the City.
6.5
The City reserves the right, prior to the award of the contract, to perform an "On
Site" inspection of the proposer's equipment and facilities to be used in the
performance of the work as to conditions, quantity and availability of sufficient
equipment both for the performance of daily work and for backup in case of
equipment breakdown.
7..~OLLUSION:
7.1 The proposer declares the proposal is made without any previous understanding,
10
agreement, or connections with any persons, firms, or corporations making a proposal
on the same items and that it is in all respects fair and in good faith without any
outside control, collusion or fraud.
8. ADDENDA:
8.1
Addenda issued by the City prior to the proposal opening shall be binding as if written
into the specifications. Proposers shall acknowledge receipt of the same as indicated
on the Proposal form.
9. ATTACHMENTS:
9.1
The Proposer is required to submit each of the following documents to his/her
completed proposal form:
A.&.p. pendix Description
A
Proof of Insurance (Liability not less than $100,000 per
person and $300,000 per occurrence)
B
Most recent fiscal year end financial statement(s)of
individual or company/corporation/parent. Statements are to
be prepared by an Independent Certified Public Accountant
and must be at least at the "Reviewed" level of service or
higher.
C
Disclosure of Proposer's employment policies
D
Detail equipment list proposed for this contract
E
References and Experience:
Addendum A
CITY POPULATION AND UNITS SERVICED
Population:
10,205 (1990 census)
City Acreage:
13 1/2 square miles, more or less
Miles of Streets:
162 Street miles, more or less
Units Serviced:
1,570 residential customers, more or less
The units shown below are being serviced by the existing Franchisees as of the proposal
specification date. This request for proposals also does not include collection of solid waste,
refuse or debris in containers larger than 3 cubic yards. Upon award of the proposal, an
authorized representative of the City and an authorized representative of the Contractor shall
survey the units in the contract area to verify and update the units to be serviced upon
commencing operations in the City. The units shown below are estimates as these units are
served by private franchisees.
Residential Service;
Category_ No. of Units
Residential Trash Customers
- Handload 1,570
12
TO:
PROJECTS:
CITY REPRESENTATIVE:
PROPOSER:
PROPOSER'S ADDRESS:
CITY OF SEBASTIAN
PROPOSAL FORM
City of Sebastian, Florida
P.O. Box 780127
1225 Main Street
Sebastian, Florida 32978-0127
Solid waste and Yard trash collection.
Michael L. Hudkins, Finance Director
DATE:
PROPOSER'S
REPRESENTATIVE:
(Name)
(Phone)
Signature of Proposer
PROPOSAL FORM
Company Name
PROPOSER'S DECL .ARATION AN.D....UNDERSTANDING
The undersigned, hereinafter called the Proposer, declares that the only persons or parties
interested in this Proposal are those named herein, that this Proposal is, in all respects, fair and
without fraud, that is made without collusion with any official of the City of Sebastian and that the
Proposal is made without any connection or collusion with any person submitting another Proposal
on this Project.
The proposer further declares that no city councilman, other city officer or city employee directly
or indirectly owns more than five percent (5 %) of the total assets or capital stock of the proposing
entity, nor will directly or indirectly benefit by more than five percent (55) from the profits or
emoluments of this contract.
The proposer further declares that he has carefully examined the specifications and the Agreement
and that this Proposal is made according to the provisions and under the terms of such
specifications and Agreement, which are hereby made a part of this Proposal.
The Proposer further declares that any deviation from the specifications or Agreement are
explained on separate sheets labeled "Clarifications and Exceptions" attached to this Proposal Form
and that each deviation is itemized by number and specifically refers to the applicable specifications
paragraph and page.
TAXES
The sums proposed below shall not include Florida sales or gross receipts tax. To the extent
applicable, such taxes are to be collected and paid by the proposer, to the appropriate agency of the
State of Florida.
Signature of Proposer
2
PROPOSAL FORM
Company Name
RESIDENTIAL REFUSE COLLECTION SERVICE
I (we) propose to collect and dispose of refuse from all residential customers within the City of
Sebastian and to provide collection service in complete accordance with the provisions of the
specifications. The bid price as proposed below includes the five (5 %) percent of gross revenues
franchise fee and all other costs except sales taxes if any.
Si.n. gle Family Residences (both handload and Garden and Yard Trash Program)
Proposal fees are not to include sales taxes if any;
Total rate $
per month per dwelling unit
PRICES SET FORTH IN THE ABOVE SECTIONS ARE FIRM PROPOSALS AND ARE NOT
SUBJECT TO PRICE ADJUSTMENT EXCEPT AS DEFINED IN THE SPECIFICATIONS.
(Corporate Seal)
ATTEST: PROPOSER:
Signature Signature
Title Title
PROPOSAL FORM
Company Name
CLARIFICATIONS AND EXCEPTIONS
Explanation
Signature of Proposer
4
PROPOSAL FORM
Company Name
CLARIFICATIONS AND EXCEPTIONS
No. Para No.
Explanation
Signature of Proposer
City of Sebastian
POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 u FAX (407) 589~5570
SUBJECT,
ORDINANCE O-91-21 REGARDING
AIRPORT ZONING REGULATIONS
Approved For Submittal
City Manager
Agenda Number:
Dept. Origin: Community Development
(BC~
Date Submitted~ 12/31/91
For Agenda Of:
o~,/o8/92
Exhibits: Ordinance O-91-21
Memorandum dated 12/10/91 from
Letter dated 12/20/90 from Mr.
Rebull
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Section 333.03 of the Florida Statutes requires every political
subdivision having an airport within its territorial limits to adopt
airport zoning regulations for certain hazard areas relating to the
airport operation. Senate Bill 1316 (effective July 1, 1990) which
contained amendments to Chapter 333, established the requirement to enact
airport compatible land use zoning. The City staff and Indian River
County staff have been working diligently with Florida Department of
Transportation, Mr. A1 Roberts, in order to establish an acceptable
ordinance to meet the requirements of Chapter 333. Other than some
cleanup language to amend Section 2OA-5.15 of the Land Development Code
regarding airport height limitations, the single most significant
amendment is Section 2OA-5.15(C)(3) (Page 5 of Ordinance O-91-21)
regarding residential construction. Florida Statute 333.03(2)(C) states
"Where an airport authority or other governing body operating a publicly
owned, public-use airport has conducted a noise study in accordance with
the provisions of 14 C.F.R. Part 150, residential construction should not
be permitted within the area contiguous to the airport defined by the
outer noise contour that is considered incompatible with that type of
construction by 14 C.F.R. Part 150, Appendix A or an equivalent noise
level as established by other types of noise studies." Paragraph d of
that same section states "Where an airport authority or other governing
body operating a publicly owned, public-use airport has not conducted a
noise study, residential construction should not be permitted within an
area contiguous to the airport measuring one-half the length of the
longest runway on either side of and at the end of each runway
centerline." Since the City has not conducted a Part 150 noise study or
Page 2
any other acceptable noise study, the City is mandated to utilize the half
the distance of the runway to restrict residential construction. Instead
of the City being in a position of totally banning all residential
construction within this area, staff has developed language within
Ordinance 0-91-2! to utilize an avigation easement for those properties
affected within that specific area. This method has been used by another
airport in Pinellas County and was suggested to the City staff by Mr. A1
Roberts from Florida Department of Transportation. Basically, this
easement would work twofold:
1. All property owners within this area and subsequent owners will be
notified that they are within an area adjacent to or in proximity to an
airport.
2. This will satisfy the requirements of Chapter 333 of the Florida
Statutes.
RECOMMENDED ACTION
Move to set first reading of Ordinance 0-91-21 on a date that is
satisfactory with the City Clerk.
ORDINANCE NO.: O-91-21
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING ARTICLE V,
SECTION 20A-5.15 OF THE LAND DEVELOPMENT CODE
OF THE CITY OF SEBASTIAN, RELATING TO AIRPORT
HAZARDS AND USES OF LAND IN AIRPORT
VICINITIES; PROVIDING 'REGULATIONS RESTRICTING
THE HEIGHT OF STRUCTURES AND OBJECTS OF
NATURAL GROWTH IN .AND AROUND THE SEBASTIAN
MUNICIPAL AIRPORT; PROVIDING FOR REGULATIONS
RESTRICTING AIRPORT LAND USE; PROHIBITING
RESIDENTIAL CONSTRUCTION WITHIN NOISE IMPACTED
AREAS IN PROXIMITY OF THE AIRPORT; PROVIDING
PROCEDURES FOR GRANTING VARIANCES; PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE LAND DEVELOPMENT CODE OF THE
CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 333.03, Florida Statutes requires every
political subdivision having an airport hazard area within its
territorial limits to adopt, administer and enforce airport zoning
regulations for such airport hazard areas; and
WHEREAS, the City of Sebastian, Indian River County, Florida,
pursuant to Section 333.03(1)(a), Florida Statutes, adopted zoning
regulations with respect to the Sebastian Municipal Airport; and
WHEREAS, recent amendments to Chapter 333 of the Florida
Statutes, provided, among other things, for the regulation of land
uses in the vicinity of airports; and
WHEREAS, the City is required to revise its airport zoning
regulations in order to take into account such changes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. The following definitions shall be added to
Section 20A-5.15A of the Land Development Code of the City of
Sebastian:
"Climb Gradient. An aircraft instrument
departure procedure requiring adherence to a
minimum climb, slope or grade expressed in
feet per nautical mile.
Minimum Vectorinq Altitude. The lowest above
mean sea level altitude at which aircraft
operating on instrument flight rules will be
vectored by a radar controller, except when
otherwise authorized for radar approaches,
departures or missed approaches.
Non-Precision Instrument Runway. A runway
having an instrument approach procedure
utilizing air navigation facilities with only
horizontal guidance, or area type navigation
equipment, for which a straight-in, non-
precision instrument approach procedure has
been approved or planned, and for which no
precision instrument approach facilities are
planned or indicated on an appropriate civil
or military airport planning document.
Nonstandard Take-Off Minimums. Conditions of
existing weather required for take-off at an
airport which exceed the standards prescribed
in Federal Aviation Regulations Part 91.
Precision Instrument Runway. A runway having
an instrument~approach procedure utilizing an
instrument landing system, microwave landing
system or a precision approach radar including
a runway for which such a system is planned
and is so indicated on an approved civil or
military airport layout plan, other FAA
planning documents, or comparable military
service planning documents."
Section 2. Section 20A-5.15B6 of the Land Development Code
shall be amended to read as follows:
"6. Transitional Zone. An area extending
outward from the sides of each primary zone
and approach zone connecting them to the
horizontal zone and an area outward 5,000 feet
horizontally or until intersection with the
conical zone from the side of that portion of
the approach zone of a precision instrument
runway extending through and beyond the
conical zone. No structure or object will be
permitted within the transitional zone greater
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in height than the primary or approach zone at
their adjoining boundary lines increasing at
a rate of one (1) foot vertically for every
seven (7) feet horizontally, with the
horizontal distance measured at right angles
to the runway centerline and extended center-
line, until the height matches the height of
the horizontal zone, or the height of the
conical zone for a horizontal distance of
5,000 feet from each side of that part of the
approach zone for a precision instrument
runway extending beyond the conical zone."
Section 3. Section 20A-5.15B7 of the Land Development Code
shall be amended to read as follows:
"7. Other Areas. In addition to the height
limitations imposed within this section, no
structure or obstruction shall be permitted
within the City of Sebastian that would cause
a minimum descent altitude, minimum
obstruction clearance altitude, minimum
vectoring altitude, or a decision height to be
raised nor which would impose either the
establishment of restricted minimum climb
gradients or nonstandard take-off minimums for
a runway at 'Sebastian Municipal Airport."
Section 4. Section 20A-5.15C of the Land Development Code
shall be amended to read as follows:
"C. AirDort Land Use Restrictions.
1. Notwithstanding any other provision of
this section, no use may be made of land or
water within any zones established by this
section in such manner as to interfere with
the operation of an airborne aircraft. The
following special requirements shall apply to
each permitted use:
a. Ail lights or illumination used in
conjunction with street, parking, signs or use
of land and structures shall be arranged and
operated in such manner that it is not
misleading or dangerous to aircraft operating
from a public airport or in vicinity thereof.
b. No operations from any type shall
produce smoke, glare or other visual hazards
within three (3) statute miles of any useable
runway of a public airport.
c. No operations from any type shall
produce electronic interference with
navigation signals or radio communication
between aircraft, the airport or other air
traffic control facility.
d. Within any airport primary zone or
within any runway approach zone area where the
zone height is fifty (50) feet or less above
the end of the runwaY, no operations from any
type shall involve the storage, distribution
or manufacture of flammable, explosive, toxic
or other hazardous materials. This
restriction shall apply to those materials in
a quantity or of a type which if exposed to an
aircraft accident would further jeopardize the
safety or health of the aircraft, occupants,
occupants of facilities in the vicinity, by-
standers and emergency personnel, or would
prevent, delay, limit or otherwise curtail
appropriate response actions by emergency
personnel.
e. Within any airport primary zone or
within any runway approach zone area where the
zone height is fifty (50) feet or less above
the end of the runway, no operations from any
type shall involve the congregation of people
for either short Or long-term purposes. This
restriction shall apply to any use involving
individuals who by their numbers, condition,
age or other factor, should they be exposed to
an aircraft accident, might escalate the
resultant effect to disaster of major
proportions.
2. Solid Waste Disposal Sites ("Sites") shall
be considered as a non-conforming use if
located within areas established for the
airport through the application of the
following.criteria:
a. Sites located within 10,000 feet of
any runway used or planned to be used by
turbojet or turbo prop aircraft.
b. Sites located within 5,000 feet of
any runway used only by piston type aircraft.
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C. Any Site located so that it places
the runways and/or approach and departure
patterns of an airport between bird feeding,
water or roosting areas.
d. Sites outside the above perimeters
but still within the lateral limits of the
airport zones described in section 20A-5.15B,
will be reviewed on a case-by-case basis by
the Board of Adjustments.
3. Residential construction shall not be
permitted within an area contiguous to any
airport measuring one-half the length of the
longest runway on either side of and at the
end of each runway centerline of such airport.
Notwithstanding the foregoing limitations, if
the property owner provides the City with a
perpetual avigation easement for the airspace
above the ground level of the entire parcel of
real property owned by the property owner upon
which residential construction will be
situate, in a form which reasonably precludes
the property owner and his/her/their/its
successors and assigns from commencing or
maintaining a successful action for
condemnation (inverse or otherwise) resulting
from the aviation activities arising from the
airport, as determined by the City Council on
the advice of.the City Attorney, then the area
where residential construction would otherwise
be precluded pursuant to this paragraph 4 may
be reduced to the extent that restrictions
contained in this Section and elsewhere in the
Land Development Code and the Code of
Ordinance are not violated."
Section 5. Section 20A-5.15D of the Land Development Code
shall be amended to read as follows:
"D. Variances.
1. Any person desiring to erect any
structure, increase the height of any
structure, permit the growth of any tree, or
otherwise use his property in violation of the
airport zoning regulations prescribed in this
section, or any land development regulation
adopted pursuant to the provisions of Chapter
163, Florida Statutes, pertaining to airport
land use compatibility, may apply to the Board
5
of Adjustment for a variance from the zoning
regulations in 'question. At the time of
filing, the applicant shall forward a copy of
his application for variance by certified
mail, return receipt requested, to the Florida
Department of Transportation (the
"Department"), Aviation Office, M.S. 46, 605
Suwannee Street, Tallahassee, Florida 32399-
450. The Department shall have 45 days from
receipt of the application to provide comments
to the applicant and the Board of Adjustment.
If the Department fails to provide its
comments within 45 'days of receipt of the
application, its right to comment is waived.
The Board. of Adjustment may proceed with its
consideration of the application only upon the
receipt of the Department's comments or waiver
of that right as demonstrated by the filing of
a copy of the return receipt with the Board
showing that the 45 days have elapsed.
Additionally, no application for a variance
may be considered unless the applicant shows
evidence that the requirement for notice of
construction or alteration under Title 14,
Code of Federal Regulations, Part 77, has been
complied with.
2. A variance may only be allowed where a
literal application or enforcement of the
regulations puovided in this section would
result in practical difficulty or unnecessary
hardship and where the relief granted would
not be contrary to the public interest but
would do substantial justice and be in
accordance with the spirit of the regulations
provided herein. Provided, however, a
variance may be allowed subject to any
reasonable conditions that the Board of
Adjustment may deem necessary to effectuate
the purposes of this section.
3. In granting a variance under this section,
the Board of Adjustment shall, as a specific
condition, require the owner to mark and light
the structure or growth to indicate to
aircraft pilots the presence of an
obstruction. Such marking and lighting shall
conform to the specific standards established
by Chapter 14-60, Rules of the Department of
Transportation and Federal Aviation
Administration Advisory Circular 70-7460-1H,
as amended."
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Section 6. CONFLICT. Ail ordinances or parts of ordinances
in conflict herewith are hereby repealed.'
Section 7. CODIFICATION. It is the intention of the City
Council of the City of Sebastian, Indian River County, Florida,
and it is hereby provided that the provisions of this Ordinance
shall become and be made a part of the Land Development Code of the
City of Sebastian, Florida; that the sections of this Ordinance may
be renumbered or relettered to accomplish such intention; and the
word "Ordinance" may be changed to "Section, .... Article" or other
appropriate designations.
Section 8. SEVERABILITY.
jurisdiction shall hold or
In the event a court of competent
determine that any part of this
Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it shall be presumed that the
City Council of the City.of Sebastian did not intend to enact such
invalid or unconstitutional provision. It shall further be assumed
that the City Council would have enacted the remainder of this
Ordinance without such invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 9. EFFECTIVE DATE. This Ordinance shall become
effective immediately upon its adoption.
The foregoing Ordinance was moved for adoption by Councilman
The motion was seconded by Councilman
and, upon being put into a vote, the vote
was as follows:
Mayor W.E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George R. Reid
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of . , 1991.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
W.E. Conyers, Mayor
Kathryn M. O'Halloran,
CMC/AAE, City Clerk
(SEAL)
I HEREBY CERTIFY that notices of public hearings on this
Ordinance were published in the Vero Beach Press Journal as
required by State Statute, that the notice requirements of Section
166.041(3)(c)2. of Florida Statutes were complied with, that two
public hearings were held on this Ordinance at 7:00 p.m. on the
day of , 1991, and at 7:00 p.m. on the
day of , 1991, and that following said public
hearings this Ordinance was passed by the City Council.
Kathryn M. O'Halloran,
CMC/AAE, City Clerk
Approved as to Form and Content:
Charles Ian.Nash,
City Attorney
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City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
DATE:
December 10, 1991
TO:
FROM:
Mayor and city Council
Linda Kinche~
Planning and ~g secretary
RE:
Ordinance 0-91-21
Please be advised that the Planning and Zoning Commission
discussed this ordinance and held a public hearing at their
regular meeting on December 5, 1991. There was no public in
attendance.
The commission made a motion to recommend to City Council the
passage as written of the proposed Ordinance NO: 0-91-21. The
motion passed 4-1 with the disenting vote stating she felt it
violated the standstill agreement.
Should you require any further information, please feel free
to contact me.
December 20, 1990
Mr. John L. Van Antwerp
Airport Manager
city of Sebastian
P.O. Box 780127
Sebastian, Florida 32978
Re: Sebastian Municipal Airport Master Plan
Noise Contours
Dear Mr. Van Antwerp:
This is to confirm our telephone conversation concerning the data
used and scope of the noise evaluation performed in the Sebastian
Airport Master Plan.
As discussed, the previously furnished copies of the'INM input and
output files for the base year 1986 and the future baseline year
2006, indicates the specific data utilized for input to the model,
such as aircraft activity levels, fleet mix, flight tracks and
runway utilization patterns. This same information is tabulated and
addressed in the forecast and noise sections of the Master Plan. As
you know, the original forecasts were revised per direction of the
City. SubseqUently, these adjusted activity forecasts were used as
input to the Integrated Noise Model.
The scope of the evaluation necessary to produce the noise exposure
maps for purposes of the Airport Master Plan is not as extensive as
that which would be performed in a detailed noise study, such as a
FAR Part 150 Study. For example~ actual noise level monitoring
programs are conducted in conjunction wit~ the Part 150 process to
gather data on existing aircraft noise and verify airport
operational procedures.
The new airport zoning regulationswhich became effective on July
1, 1990 under CS/SB 1316 (specifically Florida Statute 333, Section
333.02), reqUires regulation within the area contiguous to the
airport defined by the 65 Ldn noise contour by airport sponsors
that have ,'...conducted a noise study in accordance with the
provisions of 14 C.F.R. Part 150, or an eqUivalent noise level
as established by other types of ~se studies." Therefore, until
such time that the city conducts a detailed Part 150 or eqUivalent
noise study, it is suggested that the alternative formula provided
in the statute based on runway length be adopted.
Mr. Van Antwerp
December 20, 1990
Page -2-
Should you have any additional questions or if I can be of further
assistance, please do not hesitate to call me.
Sincerely,
POST, BUCKLEY, SCHUH & JERNIGAN, INC.
Patrick J. Rebull, P.E.
Director, Airport Division
Dave Twiddy
Tom DeHart