HomeMy WebLinkAbout11131991 City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
91.305
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, NOVEMBER 13, 1991 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STRw.~.T, Sw. BASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
'3. INVOCATION - Reverend Donald Swope - Presbyterian
Church
4. ROLL CALL
5. AGENDA MODIFICATIONS _(ADDITIONS AND/OR DELETIONS)
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
A. Proclamation - Great American Smokeout Day -
11/21/91
7. PUBLIC HEARING, FINAL ACTION - None
8. PUBLIC INPUT ON AGENDA ITEMS
9. CONSENT AGENDA
A. Approval of Minutes - 10/23/91 Regular Mee%ing,
11/6/91 Workshop
91.303
91.302
91.306
91.307
91.308
91.309
Waive Bid Procedure - Purchase 25 Golf Carts -
Club Car - S48,025 (Staff Recommendation dated
11/7/91)
Indian River Drive Sewer Study - Direct Staff to
Forward Letter to Indian River County - Proceed
with Construction Documents for Gravity Only
System (Staff Recommendation da%ed 11/7/91, City
Engineer Memo dated 10/18/91)
Direct Staff to Authorize Public Works to Resume
Pickup of Government Surplus Food Commodities and
Deliver to St. Sebastian Church (Staff
Recommendation dated 11/7/91, Toussaint Memo
dated 11/5/91)
RESOLUTION NO. R-91-42 - Abandonment of Easement
(R-91-42, City Engineer Memo dated 10/22/91,
Application, Survey)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING AND DISCONTINUING THE EASEMENT OF THE
WEST SIX FEET OF THE EAST TWENTY FOOT EASEMENT OF
LOT 12, BLOCK 346, UNIT 11, SEBASTIAN HIGHLANDS,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PBi
7/56A, PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR RECORDING; AND PROVIDING AN
EFFECTIVE DATE.
RESOLUTION NO. R-91-44 - Support for Existence of
Acute Care Facility - Humana Hospital (R-91-44 -
Requested by Councilman Holyk)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, SUPPORTING THE EXISTENCE
OF A STATE-OF-THE ART, ACUTE CARE HOSPITAL;-
SUPPORTING EFFORTS BY THE HOSPITAL OWNER TO
MAINTAIN A COMPETITIVE HOSPITAL, SERVING THE
COMMUNITY AT COMPETITIVE PRICES; SUPPORTING THE
EFFORTS OF THE HOSPITAL'S MEDICAL STAFF TO
ASSIST THE OWNER IN DETECTING THE NEEDS OF THE
COMMUNITY; PROVIDING FOR THE REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROViDiNG FOR AN EFFECTIVE DATE.
Waive Bid Procedure - Police Department -
Purchase Dictaphone Telephone/Radio Logging
Recorder - $17,315.59, Petty Memo dated 10/28/91,
Dictaphone Quote dated 9/17/91)
2
91.310
91.311
91.312
91.313
91.314
91.315
91.316
91.317
91.318
91.319
91~320
Waive Bid Procedure - City Clerk's Office -
Purchase Laptop Computer - $2,802 - GSA Price -
Dell Marketing Corporation (Staff Recommendation
dated 10/29/91, Specifications)
Bid Award - Golf Course - Alarm System - Southern
Security Systems of Fort Pierce, Inc. - Exercise
Lease Option - $571.00 Per Year - $2,855 Five
Years (Staff Recommendation dated 11/4/91, Bid
Tabulation Form)
Bid Award - Golf Course - Cart Batteries (366) -
Jeffrey Allen, Inc. of Bradenton - $14,091 (Staff
Recommendation dated 11/4/91, Bid Tabulation
Form)
Bid Award - Golf Course & Parks Department - Two
Fairway Mowers - Hector Turf of Deerfield Beach -
$37,296 Total (Staff Recommendation dated
11/6/91, Bid Tabulation Form)
Bid Award - Golf Course - Mataway Verti Cutter -
DeBra Turf & Industrial Equipment Co. of Ft.
Lauderdale - $2,783 (Staff Recommendation dated
11/6/91, Bid Tabulation Form)
Bid Award - Golf Course - Kubota Tractor w/
Loader & Backhoe - Sunrise Ford Tractor Co., Inc.
of Ft. Pierce - $15,500 (Staff Recommendation
dated 11/6/91, Bid Tabulation Form)
Bid Award - Golf Course - Greensmower - Hector
Turf of Deerfield Beach - 812,164 (Staff
Recommendation dated 11/6/91, Bid Tabulation
Form)
Bid Award - Golf Course - Sod Cutter - Pifer,
Inc. of Jupiter - 82,740 (Staff Recommendation
dated 11/6/91, Bid Tabulation Form)
Reject Bids for Five Golf Course Mower Reels
(Staff Recommendation dated 11/7/91, Bid
Tabulation Form, GC Superintendent Memo dated
11/7/91)
Receive Code Enforcement Orders - Case No. 91-
5777 (Order)
St. Elizabeth's Episcopal Church - Approve Fee
Waiver for Sign Permit (Staff Recommendation
dated 10/18/91, Holzman Letter dated 10/7/91)
3
91.321
91.322
91.323
91.324
91.325
10.
11.
12.
13.
14.
15.
16.
Se
Ameron Homes - Request Removal'of Specimen Tree -
One Pine - Lot 30, Block 379, Unit 11, SH (Staff
Recommendation dated 11/4/91, Application, Survey)
Sebastian River Shrine Club - Request Use of
Community Center - Charter Night Party - A/B -
4/10/92 - 6:30 p.m. to 10::30 p.m. - Perm,tree -
John Zarick¥, Jr. DOB 1/7/22 - Security on Hold
(Application)
Sebastian Area Civic Association - Request Use of
Yacht Club - Check Presentations - 12/6/91 - 9
a.m. to 11:30 a.m. - Waive Rental Fee - Security
on Hold (City Clerk Recommendation dated 11/7/91,
Application, Phelan Letter dated 11/4/91)
Authorize City Manager to Appoint an Owner's
Project Representative for the Police Station
(Staff Recommendation dated 11/7/91)
PRESENTATIONS - None
MAYOR'S MATTERS
COUNCIL MATTERS
A. Vice Mayor Oberbeck
B. Councilman Holyk
C. Councilman Powell
D. Councilman Reid
CITY ATTORNEY MATTERS
Report on Elkcam Waterway Dam Claims (City
Attorney Letter dated 11/7/91)
CITY MANAGER MATTERS
COMMITTEE REPORTS/RECOMMENDATIONS
OLD BUSINESS - None
4
91.199
91.151
17. NEW BUSINESS
A. ORDINANCE NO. O-91-28 - Garage Sale Regulation
READING, SET PUBLIC HEARING 12/11/91
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, CREATING A NEW CHAPTER 32 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO THE
REGULATION OF GARAGE SALES; PROVIDING DEFINITIONS;
SPECIFYING PERSONS EXEMPTED FROM PROVISIONS OF CHAPTER
32; REQUIRING PERMIT; PROVIDING PERMIT APPLICATION
PROCEDURES AND FEE THEREFORE; PROVIDING PERMIT CONDITIONS
AND RESTRICTIONS; REQUIRING DISPLAY OF PERMIT; REGULATING
PROPERTY PERMITTED TO BE SOLD; REGULATING HOURS OF OPERA-
TION; REGULATING WHERE PROPERTY MAY BE DISPLAYED AND
SOLD; REQUIRING CONTROL OF PARKING; IMPOSING RESPON-
SIBILITY FOR CONDUCT OF SALE; PROVIDING REGULATIONS
GOVERNING THE NUMBER, LOCATION, SIZE AND DURATION OF
SIGNS ADVERTISING SALE; PROVIDING FOR ENFORCEMENT;
PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR THE
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR iNCLUSION IN THE CODE OF OR-
DINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(Discussed 4/24/91, 7/24/91, 8/7/91, 8/14/91, and
10/23/91)
ORDINANCE NO. 0-91-13 - Adult Entertainment
Regulations - Amending Code of Ordinances (Staff
Recommendation dated 11/7/91, O-91-13)
FIRST READING, SET PUBLIC HEARING 1/8/92
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 ~RE
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 AND
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 AND
REVOCATION OF LICENSE; PROVIDING REGULATIONS
GOVERNING TRANSFER OF LICENSE; PROVIDING GENERAL
REQUIREMENTS FOR ALL LICENSED PREMISES; PROVIDING
ADDITIONAL REQUIREMENTS FOR ADULT THEATERS AND ADULT
91.151
91.304
91.163
91.300
DANCING ESTABLISHMENTS; MAKING CERTAIN ACTS AND
OMISSIONS RELATING TO THE OPERATION OF LICENSED
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.
(Discussion 10/10/90 & 6/5/91)
ORDINANCE NO. O-91-14 - Adult Entertainment -
Conditional Use Criteria - Amending LDC (Staff
Recommendation dated 11/7/91 [see above],
O-91-14)
FIRST READING, SET PUBLIC HEARING 1/8/92
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. (Discussion 10/10/90
& 6/5/91)
Approve Nabors, Gibltn & Nickerson, P.A. as Bond
Counsel to Represent City of Sebastian in
Refunding of Golf Course Revenue Bonds - $18,500
(Staff Recommendation dated 11/7/91, Mustian
Letter dated 9/25/91)
Traffic Circulation Study - Approve Contract with'
Kimley-Horn & Associates, Inc. - $49,800 (Staff
Recommendation dated 11/7/91, Contract)
Waive Bid Procedure - Purchase Finance Department
Computer Hardware, Systems and Operations
Software (Staff Recommendation dated 11/7/91,
Hardware & Software Data, Auditor Letter dated
11/6/91)
6
18.
INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
19. 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.)
7
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, NOVEMBER 13, 1991 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. Mayor Conyers called the meeting to order at 7:00
p.m.
2. The Pledge of Allegiance was recited.
3. Invocation was given by Reverend Donald Swope,
Presbyterian Church.
4. ROLL CALL
Present:
Mayor W.E. Conyers
Councilman Peter Holyk
Vice Mayor Frank Oberbeck
Councilman Lonnie Powell
Councilman George Reid
Also Present:
City Manager, Robert McClary
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
City Engineer/PW Director, Dan Eckis
Finance Director, Mike Hudkins
Chief of Police, Earle Petty
Golf Course Manager, Jim
DeLarme
City Planner, Catherine Hilton
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
91.305
PROCLAMATIONS AND/OR ANNOUNCEMENTS
A. Proclamation - Great American Smokeout Day E
11/21/91
No recipient.
2
7. PUBLIC HEARING, FINAL ACTION - None
8. PUBLIC INPUT ON AGENDA ITEMS
9. CONSENT AGENDA
91.303
91.302
91.306
91.307
91.308
Approval of Minutes - 10/23/91 Regular Meeting,
11/6/91 Workshop
Waive Bid Procedure - Purchase 25 Golf Carts -
Club Car - $48,025 (Staff Recommendation dated
11/7/91)
Indian River Drive Sewer Study - Direct Staff to
Forward Letter to Indian River County - Proceed
with Construction Documents for Gravity Only
System (Staff Recommendation dated 11/7/91, City
Engineer Memo dated 10/18/91)
Direct Staff to Authorize Public Works to Resume
Pickup of Government Surplus Food Commodities and
Deliver to St. Sebastian Church (Staff
Recommendation dated 11/7/91, Toussaint Memo
dated 11/5/91)
RESOLUTION NO. R-91-42 - Abandonment of Easement
(R-91-42, City Engineer Memo dated 10/22/91,
Application, Survey)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING AND DISCONTINUING THE EASEMENT OF THE
WEST SIX FEET OF THE EAST TWENTY FOOT EASEMENT OF
LOT 12, BLOCK 346, UNIT 11, SEBASTIAN HIGHLANDS,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI
7/56A, PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR RECORDING; AND PROVIDING AN
EFFECTIVE DATE.
RESOLUTION NO. R-91-44 - Support for Existence of
Acute Care Facility - Humana Hospital (R-91-44 -
Requested by Councilman Holyk)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, SUPPORTING THE EXISTENCE
OF A STATE-OF-THE ART, ACUTE CARE HOSPITAL;
SUPPORTING EFFORTS BY THE HOSPITAL OWNER TO
MAINTAIN A COMPETITIVE HOSPITAL, SERVING THE
COMMUNITY AT COMPETITIVE PRICES; SUPPORTING THE
EFFORTS OF THE HOSPITAL'S MEDICAL STAFF TO
ASSIST THE OWNER IN DETECTING THE NEEDS OF THE
COMMUNITY; PROVIDING FOR THE REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
4
91.309
91.310
91.311
91.312
91.313
91.314
91.315
91.316
91.317
91.318
91.319
Waive Bid Procedure - Police Department -
Purchase Dictaphone T~lDphone/Radio Logging
Recorder - $17,315.59~, Getty Memo dated 10/28/91,
Dictaphone Quote dated 9/17/91)
Waive Bid Procedure - City Clerk's Office -
Purchase Laptop Computer - $2,802 - GSA Price -
Dell Marketing Corporation (Staff Recommendation
dated 10/29/91, Specifications)
Bid Award - Golf Course - Alarm System - Southern
Security Systems of Fort Pierce, Inc. - Exercise
Lease Option - S571.00 Per Year - $2,855 Five
Years (Staff Recommendation dated 11/4/91, Bid
Tabulation Form)
Bid Award - Golf Course - Cart Batteries (366) -
Jeffrey Allen, Inc. of Bradenton - 814,091 (Staff
Recommendation dated 11/4/91, Bid Tabulation
Form)
Bid Award - Golf Course & Parks Department - Two
Fairway Mowers - Hector Turf of Deerfield Beach -
$37,296 Total (Staff Recommendation dated
11/6/91, Bid Tabulation Form)
Bid Award - Golf Course - Mataway Verti Cutter -
DeBra Turf & Industrial Equipment Co. of Ft.
Lauderdale - $2,783 (Staff Recommendation dated
11/6/91, Bid Tabulation Form)
Bid Award - Golf Course - Kubota Tractor w/
Loader & Backhoe - Sunrise Ford Tractor Co., Inc.
of Ft. Pierce - 815,500 (Staff Recommendation
dated 11/6/91, Bid Tabulation Form)
Bid Award - Golf Course - Greensmower - Hector
Turf of Deerfield Beach - $12,164 (Staff
Recommendation dated 11/6/91, Bid Tabulation
Form)
Bid Award - Golf Course - Sod Cutter - Pifer,
Inc. of Jupiter - $2,740 (Staff Recommendation
dated 11/6/91, Bid Tabulation Form)
Reject Bids for Five Golf Course Mower Reels
(Staff Recommendation dated 11/7/91, Bid
Tabulation Form, GC Superintendent Memo dated
11/7/91)
Receive Code Enforcement Orders - Case No. 91-
5777 (Order)
91.320
91.321
91.322
91.323
91.324
R. St. Elizabet~ s/s Episcopal Church - Approve Fee ~
Waiver fo~/Sign Permit (Staff Recommendation f
dated 10/18/91, Holzman Letter dated 10/7/91)
S. Ameron Homes - Request Removal of Specimen Tree -
One Pine - Lot 30, Block 379, Unit 11, SH (Staff
Recommendation dated 11/4/91, Application, Survey)
T. Sebastian River Shrine Club - Request Use of
Community Center - Charter Night Party - A/B -
4/10/92 - 6:30 p.m. to 10:30 p.m. - Permittee -
John Zaricky, Jr. DOB 1/7/22 - Security on Hold
(Application)
U. Sebastian Area Civic Association - Request Use of
Yacht Club - Check Presentations - 12/6/91 - 9
a.m. to 11:30 a.m. - Waive Rental Fee - Security
on Hold (City Clerk Recommendation dated 11/7/91,
Application, Phelan Letter dated 11/4/91)
V. Authorize City Manager to Appoint an Owner's
Project Representative for the Police Station
(Staff Recommendation dated 11/7/91)
10. PRESENTATIONS - None
11. MAYOR ' S MATTERS
9
12. COUNCIL MATTERS
10
Councilman Holyk
11
D. Councilman Reid
13
13. CITY ATTORNEY MATTERS
91.325 A.
~eport on Elkcam Waterwa~ Dam Claims
Attorney Letter dated 11/7/91)
14
14. CITY MANAGER MATTERS
16
15.
COMMITTEE REPORTS/RECOMMENDATIONS
17
16. OLD BUSINESS - None
17. NEW BUSINESS
91.199
A. ORDINANCE NO. O-91-28 - Garage Sale Regulation
1ST READING, SET PUBLIC HEARING 12/11/91
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, CREATING A NEW CHAPTER 32 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO THE
REGULATION OF GARAGE SALES; PROVIDING DEFINITIONS;
SPECIFYING PERSONS EXEMPTED FROM PROVISIONS OF CHAPTER
32; REQUIRING PERMIT; PROVIDING PERMIT APPLICATION
PROCEDURES AND FEE THEREFORE; PROVIDING PERMIT CONDITIONS
AND RESTRICTIONS; REQUIRING DISPLAY OF PERMIT; REGULATING
PROPERTY PERMITTED TO BE SOLD; REGULATING HOURS OF OPERA-
TION; REGULATING WHERE PROPERTY MAY BE DISPLAYED AND
SOLD; REQUIRING CONTROL OF PARKING; IMPOSING RESPON-
SIBILITY FOR CONDUCT OF SALE; PROVIDING REGULATIONS
GOVERNING THE NUMBER, LOCATION, SIZE AND DURATION OF
SIGNS ADVERTISING SALE; PROVIDING FOR ENFORCEMENT;
PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR THE
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF OR-
DINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(Discussed 4/24/91, 7/24/91, 8/7/91, 8/14/91, and
10/23/91)
18
91.151
ORDINANCE NO. O-91-13 - Adult Entertainment
Regulations - Amending Code of Ordinances (Staff
Recommendation dated 11/7/91, O-91-13)
FIRST READING, SET PUBLIC HEARING 1/8/92
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 AND
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 AND
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 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.
(Discussion 10/10/90 & 6/5/91)
91.151 C.
ORDINANCE NO. O-91-14 - Adult Entertainment -
Conditional Use Criteria - Amending LDC (Staff
Recommendation dated 11/7/91 [see above],
0-91-14)
FIRST READING, SET PUBLIC HEARING 1/8/92
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. (Discussion 10/10/90
& 6/5/91)
20
91.304
~pprove Nabors, Giblin & Nickerson, P.A. as Bond
Counsel to Represent City of Sebastian in
Refunding of Golf Course Revenue Bonds ~--$18,500
(Staff Recommendation dated 11/7/91, Mustian
Letter dated 9/25/91) .
21
91.163 E.
Traffic Circulation Study - Approve Contract with
Kiml~y-Horn & Associates, Inc. - $49,800 (Staff
Recommendation dated 11/7/91, Contract)
22
91.300
Waive Bid Procedure - Purchase Finance Department
Computer Hardware, Systems and Operations
Software (Staff Recommendation dated 11/7/91,,,
Hardware & Software DataL Auditor Letter dated
11/6/91)
18.
19.
INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
ADJOURN
23
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
waiver of biddir~
procedure for pLtrchase
of 25 golf carts
)
)
)
)
)
)
) Exhibits:
)
)
)
q/303
Golf (~.. (JD)
11/07/91
_%1/13/9!
None
EXP~ITEE~
1~: $ 48,025.00
50,525.00
Council has approved a cart replacement program to renew and replenish the cart
fleet. Club Car is the sole source of the equipment required to maintain
uniformity wi.t~n.' the fleet as well as to provide econc~ics in parts inventories,
etc. One third of ~he fleet, or 25 carts need be replaced currently. Club Car
proposed by price of $2,799.00 per car less $778.00 trade and an additional
$100.00 discount as requested by Council for a net price of $1,921.00 per car and
a total expenditure of $48,025. 'Pursuant to city code 2-64 (j) "The City Council
may waive or modify the bidding procedure on specific contracts for good cause".
Grant a waiver of bidding procedure and authorize the purchase of the 25 carts
from Club Car as specified above.
SUBJECT!
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
indian Rive~ .... D~ive )
San:i.'t. ar'¥ Sewer~ Stud'y ')
approved For gubmittal By!
Agendm No.
For Agende Of
Exhlbl~mt
Engihee~";s
memo dated 10-18-91
EXPENDITURE
REQUIRED!
AMOUNT
BUDGETED!
APPROPRIATION
REQUIREDt
~t~HA~Y STATEMENT
!ncliar~ River c::our~ty w:i. 11 be r-,eque~stJ, n9 dir, ec::tion Yr~om
'the City o{ Sebastian or", t. he
1) to have. either" a gr',avity only sync'kern or~ a combina'Lic~c~
o~ 9r"avity and 1o~ t::)pe~sur"e system ir"~stal]ed a]on9 the
Indian River" Dr*ive s'budy ar"ea ,,,.Jithin the City 'l imi'ts
and the t'ype of Ass.=,essm~l u
RECOt4t4ENDEO ACTION
Dir'ect .;:ta'F¥ Lc) send a l et't:e~ .... ED "' -'i, an F.:-'.:i. ver" c:(::.~ur'~tv
indic:at:.r'~ that they ar'e 't.o p'~oceed ,,,it.h the
the City Engineer" s ~,ecomme ]da'c ior'l ~c:)Y' the ins~ta'l ] at ion
o~ the col 'lection system.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
BATE:
October 18, 1991
TO:
FROM:
Robert S. McClary
City Manacjep
Daniel C. Ecki~
City Engineer,
RE:
Indian River Drive Sewer Study
The Indian River Drive Sewer, Study was prepared by Kimball
Lloyd on February 19~ 1991., to study the cost o+ a
sanitary sewer, collection system in the geographic area that
is located east o+ U.S. ~.1 to the Indian River south +rom the
intersection o+ Indian River Dr and U.S. ~l to the North
~.ntersection ~+ Indian Rive~~ ~]r and U.S. :~1. Please note
that this report does not include the area between
and the FEC Railroad. The cost analysis investi_~ated the use
of a gravity sewer collection system and a low pressure
system on a per stpeet basis. Each street was analyzed for
both gravity collection system and the low pressure system.
'The cost of the low pressure system included the maintenance
costs ovep a twenty year' period a~t an 8% inflationary pate.
Each st~-eet was then grouped into a sub-area which would be
served by one lift station. Sub-areas within the Indian
River', Drive Study ar'ea consisted primarily r.)f the gravity
collection system. Some areas did war'pant a low pressure
system which resulted in a cost savings. For cc~mparison
purposes~ a gravity only alternative was considered b~-the
report. ]-he cost difference between ';.nstalling the
combination low pressure and gravity system as compar~ed to a
gpavity only system was apppo;.,'imately 7%~ as based on pr-esent
~,,or"Lh co~.s'L analysis.
Summary Table IV-1 Summar, y of Costs indica'Les that
the differ'ence would be approximately $300.,000 over the
'L:~enty year study period as compared to a four mill ion
dollar capital expenditure.
Exhibit IV-2 Gpavity Wher~e Practical Altepnative~ was
r'eviewed by this office to determine if the proposed
collection system would be adequate to provide service to all
of the proper, ty owners within the study area.
Modification to their exhibit would need to be made prior to
their~ preparation of the constr~uction dr~awings to reflect, the
cur, r~ent property owner's. A brie~ description of my
recommended modifications are as follows:
1. Revision to the Har~rison str~eet col]ection
both east and west o~ Indian River I]r'ive,~ to sepve
properties in the area.
2. The e] imination o~ Fe]]smere Street Collection L, ine,
3. Extension both not'th and south o~ Martin Avenue, to se~ve
all properties in that area.
4. Elimination o~ sewer l'i, ne exter~sion and r,e]ocation o~ o~
Indian River Dr'ive by the Vic's Pizzeria,
The elimination o~ the collection system off o~ Main
Str~eet and add apr, oposed extension o~ of Indian River
Drive to the Mobile Home Park.
m
The real ignment of the c:ollection system for the pr-oposed
r-esc)r't hotel ac~'oss ~r'om Hurr,'i. cane Har'bour'.
The exter~sion of the ?~ewer" collection system passed
Oyster' Bay both on Indian River D~"ive and North Centr'al
Avenue.
u
The r, elocation of the r.)r'oposed 1 irt station number 2 to
the median of Davis Str, eet
The r, eduction of ?~ewer' r~un to the Cemet. er'y on North
Centr-al Dr-lye.
The actual cost analysis was based on a 20% contingency to
covel" unknown costs. The r~epor't did note the heavy
pavement section of Indian River Drive which consists of
inches of asphalt on 12 inches of concrete. Unit costs we~e
established by local projects that wepe done in this area
f~,-om a collection system in the City of Vepo Beach and a low
ppessur'e .~y.~.[~m from the County s Rockr'idge system the
review of the unit costs appear' to be accur'ate. Ho~ever'.~ the
quantities wou'td have to be ~-(.~)vised to:) r~e'flec~-. the
modifications that should be consider~ed pr'lot' to the
pr~eparation of 'Lhe construc'L:i.c~n clr, a~.~ings. The r'epor~t
indicates that the City should make recommendations to
the county as follows:
1) The ultimate selection of the type of sewer· collection to
be util i'zed, either' the combination of gr-avity/low
pr, essure al terr~at'Lve or' gr'avity oc,]y system,
2) The County has also indicatecl that the C'i. ty shoulcl
deter~mine the method r~f assessment for~ it's po~tion o~
the stucly area.
As City En~.neer~. 'the cost savings of approximately 7% to
install a pr"essur"e system as compared to a gravity only
system is not warranted and that a gravity only collectS, on
system should be installed. There is mor'e maintenance
associated with the low pr-essupe system and it would requir'e
mor'e mater'ials~ equipment.~ manpower and par-ts. The r'eport
did indicate that 'the low pressur'e system is based on the
installation of grinder' pumps for" the existing resident, iai
areas but the cost did not include additional pumps as new
ar"eas are developed.
RESOLUTION NO. R-91-42
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE WEST SIX FEET OF THE
EAST TWENTY FOOT EASEMENT OF LOT 12, BLOCK 346, UNIT
11, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PBI 7/56A, PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY the City Council of the City of Sebastian,
Indian River County, Florida, as follows:
SECTION
That the City of Sebastian does herewith vacate,' abolish,
abandon and discontinue all that portion of land previously
dedicated for easement and described as follows:
The west six feet of the east twenty foot easement of Lot
12, Block 346, Unit 11, Sebastian Highlands, according
to the plat thereof, recorded in PBI 7/56A, Public
Records of Indian River County, Florida.
SECTION II
Ail resolutions or parts of resolutions in conflict herewith
are hereby repealed.
SECTION III
This resolution shall be recorded in the public records of
Indian River County, Florida.
SECTION IV
This resolution shall be in full force and effect
immediately upon its passage.
CITY ~OF SEBASTIAN, FLORIDA
ATTEST:
by:
W. E. Conyers, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was duly
passed and adopted by the City Council of the City of Sebastian,
Florida, this day of , 1991.
Kathryn M. O'Halloran, CMC/AAE
(SEAL)
(STATE OF FLORIDA)
(COUNTY OF INDIAN RIVER)
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in Indian River County, Florida, to take
acknowledgements, personally appeared
and to me known as the persons
described herein and who executed the foregoing instrument and
they acknowledged before me that they executed the same.
WITNESS my hand and seal in Indian River County, Florida, this
day of , 1991. --
NOTARY PUBLIC, STATE OF
FLORIDA AT LARGE
My Commission Expires
Approved as to Form and Content:
Charles I. Nash, City Attorney
TELEPHONE (407) 589-5330 [] FAX (107) 589~5570 ' ~
£A,E:
TO:
FROM:
Kathr'yn M. O'Hallopan
City C'lerk /~
Daniel C. Eckis~ F'.E.
City En~.'~ineer'/F'ubl ic
D i r'~ec t or
RE: Abandonment of a por'tion of a Dr-ainage Easement along
pear' ppoperty lines of Block 346 Unit 11.
I inspected the pequested easement abandonment ~op the West
si).,' (6) ~eet o~ the East twenty (2(:)) ~oot easement o~ Lot ~.2~
Block 346~ Sebastian~ Flor~ida in the pear" yawed ~o~~ a pool
encr'oachment,
Ther, e~ope, as City Engineep~ I have no objections to the
abandonment o.~ a popt. ion o~ the existing dpainac_)e and uti] ity
easement,
CITY OF SEBASTIAN ': . ..'~.... -
APPLICATION FOR VACATION OF EASEMENT(S) .,: i':~i, ' '"
(This request shall no be accepted unless completed in full) .''~.~' '":.'.
. , - . , , . , ~.,.. ='.,, ..' V.'.'.':;v.>>~.:
*~ndXvidual, oorpor~ion, e~o. - ~f ~orpora~lon apply corporate,, : . '
seal below i..,',: :,:,'.,
?.;~:. ';[.~- ....... ,.
PROPERTY ON WHICH EASEMENT EXISTS: "/";~:~ ]'.'."' ...
LEGAL
DESC~IPTION
OF
REAL
necessary) ] 2";' ;".:".;.'~ .'::'.:~ .
'~:,;..F-;:.~;..'.,.. ~..:
DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED: ...-,. ..
(This item to be filled in by Building Official) -, i. ,,'.. ' ;'"' ~' :' ."
OF EASEMENT: ~" feet in length~ i6 width
APPROXIMATm
SIZE
PURPOSE FOR REQUEST TO VACATE: ~ ~o,~ ~6~ ~ ~ ~ ,
(Explain in detail your need to release this easement)
I HEREBY CERTIFY that I, the Applicant, own the 'real property on' ' ,' ' '
which the easement I request to vacate exists, or I am authorized
to present this request to vacate by the owner of the real -: . -:
.. ____ ~P{gper~¥· -..,. ·
:~gni~/(~t,~t/l~e,~i/~ .. -. u. ,': ,. .... .,,,
IL~-/~ - ~ / , ':.. ':: .:'-.'.,,,' ~ '~::~,. '
'" : ' '" Date -,,:., . ' ...,;~....:~:,,'~" "" ""~""'...:,,.,.
Corporate Seal ....... ,'-'..",:~ · ,.'~.,.' ':'f'.'-~. '.:'-
Please Print Name Here :'!':'~: :,,i.{,~:::~.~?i
Attach hereto' the following:..' ...
( ) 1. Map, plat, survey, or clear drawing~ at least 8 1/2, x 11".
showing the parcel of landl on which the easement exists~::;~:'.-:i'i.'! ....
With parcel(s) of land adjacent to the easement'requested':'.'.:':../.i::i'~ ':"~.-
to be vacated. SHOW THE EASEMENT CLEARLY ON DRAWING. ':' '. '.'.'" '.':~ .... !" '
· , ~ . '. '; ",'t.',~;.,,",~.{,:,L,
( ) 2. Complete legal description: of the parcel °f"l'a~d' °n:"w~f~h"i!'?;i~:;;i::':' :':~'
(N/A) the easement exists if the. full description'Cannot 'be ....::.';i~!,!'i',i!:i.i~ii:,' ','
placed on the lines provided above for the
( ) 3. Written authorization of the owner of the parcel of land f "~ ':
(N/A) on which the easement exists if the applicant is not the ~ ...
( ) 4. IF IT IS NECESSARY TO GRANT BACK ANOTHER EASEMENT TO,,.:!~it!i]!:!'ii~::~,;,i'i:'i.!ij~i:',:~i:i~:}.? .
(N/A) .".'-,' REPLACE THE EASEMENT THAT IS TO BE' VACATED," ATTACH tA 'DEED?{'::~
OF EASEMENT TO ACCOMPLISH THE DEDICATION OF 'THE NEW EASEMENT'.'i",
' ,. .,... ,.,i . ,. '.'".' · :. ," -',.,l.'"":'.'-~::',~,!:)"',,',~i-i:,'i:
( ) 5.' ~At.tac.h.a .c. heck or money order payable t° "The
~eoas~an" upon submittal of'this application to .the' '::..;',','2" f'"',
Office of the City Clerk. !This application fee' is not~i'.'!ii'~
refundable. The' fee is 825.00. - " ., i'.'/'~i
. , - .... ~ ,'; .~,~, ,-:,~. ,,~ ~.,.,
. . ,.~.,..., ~-,~% / '5'~~'
( ) 6. OTHER: ' :'.i ......... .':.':,.,'::
:, · , .,,: .,..~ ~"/',:
:~..~ ~'.:. !
By--Dar R iv · ice of the City Clerk ]/6'~/~ 7/
ADDRESS: 1786 Laconia Street
Sebastian~ Florida 32958
lccordint to Hap No. 12061C0090E~ Panel 90
of 169~ dated Hay l~ 1989~ ~hi~ proper~y
lies in Flood Zone X.
e-FOUND .IRON ROD O' lET iRON ROD WITH CAP ~L.~, No. ITil i' FOUND NAIL, AND DISK G- SET NAiL ANO DISK
JOB
cofllotmlty with ippllcmbl, minimum Ilchfllclt itlfldlrdi Ill Io~h by the , ,
~loddl Board O; LBnd 5u~eyorl, pUrlUlnl Io 21-HH-~ Florld~ Adml~ll. "'
ri=reed hereon, II Ii riel v=lld wlthoul Ihl Imbol.d 8u~eyO~l ~L ....
...... I~ " HUGH J. SMITH ~ND 8URVEYING, INC.
III I
RESOLUTION NO. R-91-44
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SUPPORTING THE EXISTENCE OF A STATE-
OF-THE ART, ACUTE CARE HOSPITAL; SUPPORTING EFFORTS BY
THE HOSPITAL OWNER TO MAINTAIN A COMPETITIVE HOSPITAL,
SERVING THE COMMUNITY AT COMPETITIVE PRICES; SUPPORTING
THE EFFORTS OF THE HOSPITAL'S MEDICAL STAFF TO ASSIST
THE OWNER IN DETECTING THE NEEDS OF THE COMMUNITY;
PROVIDING FOR THE REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, In 1974 a hospital was constructed north of
Sebastian in indian River County, in order to provide medical
care facilities for the community; and
WHEREAS, In 1978, Humana Hospital, Inc. purchased this 133
bed, fully accredited hospital; and
WHEREAS, The City Council of the City of Sebastian is
concerned about the quality and cost of medical care in the
community; and
WHEREAS, The City Council neither endorses nor opposes the
purchase or the sale of this hospital by any party;
NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL-~F THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. The City Council of the City of Sebastian
supports the existence of a State-of-the-Art, Acute Care Hospital
including, but not limited to, Emergency Room, Intensive Care,
Operating Rooms, Obstetrical Units, and Acute Care Wards to serve
its citizens.
SECTION 2. The City Council supports every effort by the
owner of the hospital to offer the City's citizens competitive
care value for a competitive price.
SECTION 3. That the City Council supports every effort by
the hospital's medical staff to assist the owner in detecting the
needs of the community as perceived by the hospital's medical
staff.
SECTION 4. All Resolutions or parts of Resolutions in
conflict herewith are hereby repealed.
SECTION 5. This Resolution shall be in force and effect
immediately upon its passage.
The foregoing Resolution 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 Resolution 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
(SEAL)
Approved as to Form and Content:
Charles Ian Nash, City Attorney
2
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (4O7) 589-5330 [] FAX (4O7) 589-5570
Waiver of Biddir~
Procedure for Dictaphone
C~tm~alications Re~
Finance (LWN)
11/07/91
11/13/91
Memo frc~ C~ief Petty
~J~: $ 17,315.59
~: $ 13,500.00
A ccm center recorder for the new police station is budgeted for in the Capital
Projects Fund for $13,500. Chief Petty has located a used one that is less than
one year old at a cost of $17,315.59. ~nis piece of equipment cost $29,973 new.
Although this expenditure exceeds the budgeted amount by some $3,816, there are
adequate funds available, and in addition there is a good possibility the money
will be reimbursed frc~ Indian River County Emergency Management. The cost of
this used system is well below State Contract price and is very much needed for
officer and citizens safety. Pursuant to city code section 2-64 (j), "The city
Council may waiver or modify the bidding procedure on specific contracts for good
Move to grant a waiver of bidding procedure and authorize the purchase of a
telephone/radio logging recorder from Dictaphone in the amount of $17,315.59.
SEBASTIAN
POLICE
DEPARTMENT
Earle L. Petty, Chief of Police
Post Office Box 780127
Sebastian, FL 32978-0127
(407) 589-5233
DATE :
TO :
FR(],t :
SLB.1ECT:
October 28, 1991
Robert S. McClary, City Manager
Earle Petty, Chief of Pol~
Dictaphone Communications Recorder
One of the items approved in the police station budget is the much needed
Telephone./Radio Logging Recorder. I feel that this piece of equipment
is essential to our day to day operations in communications for both
officer safety and our citizens. This recorder has the capability of
instant playback of important radio and telephone calls which prevents
the loss of important information during emergency situations.
I havelbeen in contact with Mr. Rudy guadagno, Dictaphone Area Sales
Manager, PX# 1500-542-0303, to negotiate the purchase of a Twenty Channel-
Dual Transport Recorder/Reproducer and a Digital Emergency Playback
Recorder, (refer to the attached quote).
The total cost of the equipment needed is $17,315.59, this is for.a used
unit that is only one year old and would cost $29,973.00 new.
The cost for the recorder is below the state contract price because it
is being sold as used. All other items including the Digital In~tant
Playback Recorder which is $1,743.00 are on the Florida State Contract
#725-630-90-1, and would not require a bid procedure.
The fiscal year 91/92 budget includes $13,500 under Capital Projects Fund
ExpendAtures for a Communications Recorder. The difference between what
is budgeted and actual cost is $3,815.59 in additional money.
In hopes that the county would provide the difference in cost I contacted
Mr. Doug Wright, Director, Indian River County Emergency Management, for
the additAonal money. This request is based on the premise that several
of the channels on the recorder would be dedicated to recordAng 911 Traffic
-1-
Date:
Subj:
Page:
October 28, 1991
Dictaphone Communications Recorder
2
that we receive from the Indian River County Sheriff's Department, and
that ALL 911 phone charges paid by Sebastian residents goes to the
Count~T~Emergency Management to operate the 911 system. I feel that at
least some of this money could and should come back to Sebastian. Mr.
Wright is contacting the state agency for 911 to ascertain if this ex-
change of funds _isproper under state statutes, if it is allowable, he
will then go to the County Commission for their approval to release the
funds.
In the mean time to be able to secure this equipment at the Price'quoted
by Dictaphone, I would recommend that this item be placed on the Council
Agenda for November 13, 1991, for their consideration. I would further
recommend that the total cost of $17,315.59 be considered as the capital
expense to the city with an expectation that the county would reimburse
the city in the amount of $3,815.59.
If you should have any questions pertaining to this memorandum please
contact me at your earliest convenience.
EP/jh
-2-
Dictaphone
A Pitney Bowes Company
September 17th,1991
QUOTE FOR SABASTIAN POLICE DEPARTMENT-ATTN:OFFICER JAY BENNETT
COMMUNICATIONS LOGGING RECORDER/REPRODUCER-TELEPHONE/RADIO
BASIC SYSTEM
1
35
1
MODEL DESCRIPTION
SH/5202 Twenty Channel-Dual Transport-Recorder/
Reproducer-Includes-Safe Scan-AGC Amps-
Internal Stand By Power Supply-Back Up
Battery and Cabinet
5516 Time/Date Reader/Generator
421582 Recording Tape ½" ~ $49.70 ea
404846 Bulk Tape Eraser
Installation
Maintenance
Total
PRICE
8,914.00
2,520.00
1,738.50
451.50
419.00
580.50
$14,624.59
DIGITAL EMERGENCY PLAYBACK RECORDER/REPRODUCER
1 5714
1 187009
Digital InStant Playback Recorder $1,743.00
Desk Top Control Console W/LCD $ 679.00
Installation' $ 110.00
Maintenance $ 159.00
Total $2,691.00
$ 2,691.00
TOTAL $17,315.59
The Model 5202 Twenty Channel Recorder is a unit that was installed
for less than a year, that replaced with a larger recorder.
All the other items are brand new, including the Time/Date clock.
All items are on the FLORIDA STATE CONTRACT %725-630-90-1
Rudy Guadagno
Area Sales Manager
1-800-542-0303
List Price on the above $29,973.00
Dictaphone Corporation, 1180 E. Hallandale Beach Blvd., Miami, FL 33009 (305) 653-4041 (305) 456-4900
City of Sebastian
POST OFFICE BOX 780127 s SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
Waiver of Bidding
Procedure for C~
Components Purchase
Date sut~ite,.a
For
Exhibits: NONE
$Io
10/29/91
11/13/91 ,.
$2,802.00
~: $4,000. O0
The capital improvements fund contains $4,000 for the purchase of a laptop
cc~i~3uter for the office of the City Clerk.
The following is a description of the hardware:
(1) Dell Systems Notebook Om~uter Systems, 320N 1MB user memory,
mass storage hard disk, 2MB memo~ upgrade, with disk operating
system version 5.0, carrying case, and including service by Xerox.
40MB
This purchase is under GSA Price Contract number 25004090-1 for state and
local governments. Dell Corporation is also the sole source for Dell Systems
and pursuant to city Code Section 2-61 (j), "~ne city Council may waive or
modifythe bidding procedure on specific contracts for good cause."
Grant a waiver of bidding procedure and authorize the purcba~qe of the computer
~nents from Dell Marketing Corporation as specified above.
HERE'S THE ADVANCED PERFORMANCE
_NOTEBOO K PACKED WITH FEATURES,
FUNCTIONALITY, AND VALUE!
and one parallel/ext~mal
the road as at the office, the
Dell" 320N should be your
rravellng companion.
Pick one up-It's incredibly
~asy, since you're only
lifting 6,4 pounds. The Dell
37.0N m:asures ju.~t $1/:7" x
1 l"--the si~e of an ordinary
sheet of paper--and 15 only
7." t~ll. But don't let
small size fool you. This
little notebook is a seriou~
computer,
Powilt PACKIO
COMPU?IN~
(,3 ~t~.s,~2/a,icr oprocessm"-
~ up to 100% faster
than the 286 microproces-
sors found in some other
drive port (for printer,
5.25" external diskette
drive, and tape backup) are
standard, as are ports that
allow you_to Nook up
m~u=e, extemat VGA_
monitor,~
nu"d~,eric ke~ad. These
ports are easily accessible
behind a ~llding door.
optional internal data/FAX
modem is available, and an
easily.accessible math
coprocessor socket make~
lns~alhrion of ~n optional
a snap.
Dell notebook features
an adiustable edgelit liquid
crystal VGA
,h~dcs of
grey (32 shades in 320
200 graphics mode), and a
custom,designed
3mm travel keyboard much
like the one you use on
your desktop, with =croon
n~vlgarion keys and
~eparam cursor control
kef's. An internal hard
cirivc and 3.5 inch 1.44M_.,B
diskette drive are standard.
And the Dell 320N pro-
rides DeWs Continuous
Power Battcry System, so
you can change battm,
packs without leaving your
application.
A sophisticated power m~in-
age.m, ent system helps con, j
ser~e your battery, and a /
battery life gauge tells how{
much power you have left. ~
Even working at full hla~t,
the Dell 320N mn.~ about 3
hour~ on one charge. The
AC Adapter that comes
with your notebook can
power the system or charge
the batter,,'. An optional
extem~! charlger is also
~vailable.
Your Dell 37.0N crones with
the prote~ion of a soft,
:lppered slipcase with
handle. Data security is
provided by an optional
power~on pm~word. And
you're s~re to appreciate
the thoughtful design that
makes your Dell notebook
incredibly easy tO enhance
and exDmd its ~'o~r needs
]lg'6
pl$1q. AYt
Ftlm.Comp~nsa£ed DL~plsy;
640 x 450 rew~urinn: VGA text
and graphics: 16 ,~des of
~rhic re~oluuon)
M)ekM
MIMORYI
1 MB KAM Kandalxt. expandabl~ to
2, 3 Or 3 M~ total usmg IM~ or 2M~
Memo~' M~ules; klm 4.0 ~uppnrt
Internal 3.Y' 1,44MB Di~k~ct¢ ~/ ~PU~ O~ONi
3~MB.I~m,,IDE ~ ~ .~ ] E~ndablctoSMBminglM~ot
Enhanced NiCad Battc~ Pack ~ 2 M~ m~moW m~ulc~
pfovidc$ 3 t~ 4 hours of usc, AC
Adapter can be used t~ power
t~ ~y~tem or charge thc hatte~'.
Au:om..c Uae Swathing 1~ to
24~V, 50/63 Hr; ~tlet: 3.prong diskette drive
{IEC-320)
InteRra:cd 8~,k~y key~ard with
embedded hume:i; k,~ad, separate
<teen na'A~atDn keys znd
keya in the fpmll;ar inverted "~'
ge. fill. patalld/extcrnal drive porh
~xtema} VGA mnnitor port,
k~yboaed~eypad port,
iXffANJION ItO~
Wc:gh~ 6 4 pL und~ with hatte~'
4~'F to IO~'F (5"C to
g% to 60% RcJl,tiw humldiw
~tm-co~c~ing
~&~, ALI nghta reserved. ~l/ sad ~11
~om~utcr Co~ot~lion, 3fi6 i~ . ifad*-
mark ,,( Intel ~orl'~laTlOr&- OThc~ trade,
,dentSU' CY~¢ cn:~:i~ Claimir.~ thc m~rk~
i,utet Cn~t,ruti(,n .~laelalm~ ar, V
nam~ ocher ,hah it, own. All
cop) or' ~ll's 30.Day Total Sanda¢tion
cable c¢~'}c~ c,mrract, ple~e write
&r~: WarTancy,
eMUi~t,~r
,..i---- dl.kM~ drive
Diconix 150 PI,,*: A ~11¥
functional, batteryq~owetcd,
~rtable printer, wei~ba, only
LI lbs.
NITWORK OPI'IONll
peet YeA
r~ Dell S~nal Mou~
TAllql DRIYi$
4O/120MB F. xtemal tape
backup
IJitTIl~ MONITORS / O
] ~ P~kct Token ~ for Tt~e
VGA Color Plu~ / 1 Mcdi~qth 9-pta D
[ ~ ~kr~ Ring for T~
~11 Enhanced Version, of: ~ c~necmr ~c~
MS-~S )J ] 3 pocket Arcnet Twmcd yflt
for umhidd=d tw{~ced pair
MS-~8 4.0la ~ ~ P~ket Agnct, Coax
Chancca are, if you ever encounter a
problem with your Dell notebook, you'll
be able to solve it with one quick phone
call to our helpful tcuh support tepresen-
tatiws. That's the way more than 90%
of the technical b~ues involving Dell
Systems® are taken care of. If your
Dell ~ta/l:AX M~lem: Firs in
Oroup III (9~bp~) t~
ii.bp*) data
WorldPort 2~ P~kct bi'em
~tte~ ~weted {6 hr. life}
Wc~ht: 6,5 oz.
~a ~tc: 24~ bps
problem can't be ~olved on the phone, a
service technician, will bring you a r~-
p~t notebook, wh_e?ever you aLr~.
j us-~Cilke that.
For detalb on notebook ~lee, call ~our ~ll ,ales
rcpre~nt~tive.
DI~ DIRICT LALIS ¢OR, POIATION
· 00 4'24-~1 SO
bOO T'27-Oa20
310
DR(U270)291
.able
fly
ors. ;
The Dataworld NB-320SX (shown here) and the Tandon 386SX-20 car
r~charged while in use,
Although these notebooks don't come
with some of the more advanced features
found on other notebooks in this
roundup-~like the ability to recharge the
battery while,gperating on AC power--
they give you all the basic functionality
you need for hundreds of dollars less than
many other notebooks.
%
DELL
System 320N
by Edward Mendelson
Dell keeps getting it right. Its new Dell
System 320N is a 6.4-pound notebook
with exceptional power-management
capabilities plus a scree___~n and keyboard
that are a pleasure to work with. For
$3,782 Dell hands you a computer ~
20-MHz 80C386SX processor,~
hard disk, sidelit VGA LCD, a 1.44MB
floppy disk drive, 2MB of RAM, a light-
weight (0.9 pound) external power sup-
ply, DOS 4.01, and a stylish nylon case.
BATTERY RUNDOWN TEST SCORE:.,
3 HOURS 1 MINUTE
1 ';:,~- ,. ,,' ~ - :.' ..... · ~
I~%~-.~¢~ ~..~,~ 1
.. ;'.
In Sho~: The Dell System 320N leads
the 20-MHz field in ba~ew life, with just
over3 hours of power. It holds
60MB hard disk and a modem ~d weighs
~ ~unds, including the AC ad~ter.
Power-saving controls let you put the
machine to sleep for u9 to 12 hours with-
out losing data. A full if slightly squashed
keyboard, bright sidelit screen, and one-
year on-site replacement se~ice make
this an ideal road machine.
· ,.,
Hz usin~ nickel cadmium Io~
Toshiba's 16-MH? T~000~which uses
n~el hCddde batteries. Dell s scores in
disk an~ video tests were notably better in Windows and other graphics applica-
than average, as well. tions, or switch between the built-in
Someday notebook computers with
hard and floppy disk drives will fit into a
case a lot smaller than DeWs 2- by 11- by
8.5-inch model, but this machine is as
close to today's practical limits as you can
get. Dell assumes that if you buy a power-
ful notebook, you intend to use it power-
fully, so the standard IDE hard disk shipped
with the 320N holds ~ data. PC
Maeazine Labs tested a configuration that
Del~ had equil, ced with an o~ona160MB
/,bard dis~300 ugo~rade..c).~Add 2MB,
I~arnore of RAI~.. a math c~-processor, and an
~.optional 5399 2.400-bps modem/fax board
-{an optimal configuration, according to
Dell), and this package costs $5,079, in-
cluding DOS 4.01.
POWER FLEXIBILITY
DeWs fast-responding screen has a usable
The whole package feels economical, areaofS.2by6.9inches, ln addition to the
luxurious, and easy to manage And the usual sliders for controlling contrast a~fl
System 320N's battery rundown time o~ brivhtness, you can use th,e ke,vb~,d.t_o.
ove_[r 3 hours was~b~far.t, heyest~mong 20- switch to reverse vi~e contrast
monitor and an external VGA (though
you can't display on two monitors simul-
taneously). The key combinations that
trigger these change~ s~for ex_ample, Ctrl-
Alt-Backspace to toggle reverse-video
mode--aren't likely to conflict with ap-
plications, and all can be disabled via the
well-designed setup program.
The reasonably quiet 85-kev keyboard
has excellent tactile feedback, an inverted-
T cursor pad in the front right corner, and
a full set of dedicated direction keys. You
should note, however, that Dell has made
this keyboard slightly smaller, width-wise,
and that may take some getting used to.
Function keys across the top are two-
thirds the size of the alphabet keys--larger
and more convenient than the miniature
buttons used on other notebooks. The
embedded numeric keypad ca~n be supple-
~rnentect by a-~i49 ~xtemal keypad.
DeWs exemplary power-management
capabilities let you switch the machine
into standby mode through a convenient
AUGUST 1991 PC MAGAZINE
Weighing under 8 pounds and capable of 3 hours of battery life, the
Dell System 320N took second place on our Battery Rundown tests.
switch or use the built-in setup program to
change the settings for automatic switch-
ing into standby after specified periods of '
unuse. A touch of the keyboard or mouse
wakes the screen again, but the hard disk
can remain sleeping until your application
calls for disk access.
When you close the case, you auto-
mafically put the machine into sleep mode,
and Dell claims that it can remain in that
mode for 12 hours if the battery is fully
Dell System 320N
Dell Computer Corp., 9505 Arboretum Blvd.,
,. Austin, TX 78759-7299; 800-426-5150.
List Price: $4,082.
Tested Configuration: 3MB RAM, 60MB
Conner hard disk, 1,44MB floppy disk drive,
VGA LCD, DOS 4.01, carrying case.
Options: 40MB unit, $3,782.1MB RAM
upgrade, $149; 2MB RAM upgrade, $249;
4MB RAM upgrade, $498; 803678X/20, $349.
External floppy disk drive, $349; 2,400-bps
modem with send/receive fax, $399; extra
battery, $79.95; AC power adapter, $69.95;
car battery adapter, $129; network adapter,
$429; external CRT adapter, $249; numeric
keypad. $149.
CtRCLE 428 ON READER SERVICE CARD
~ PC MAGAZINE AUGUST 1991
charged. You can set the interval for auto-
matic video and hard disk time-out any-
where from 30 seconds to 30 minutes, and
you can tell the machine to conserve power
only when you use the battery, not the AC
adapter.
A reserve power supply gives you 2
minutes' leeway to replace the internal
battery without exiting an application.
Unfortunately, you can't recharge the
battery while using the computer, and
recharging takes about 3 hours. An op-
tional $269 external recharger lets you
recharge two batteries at once. - I
· OPEN AND SHUT ADD-INS ~ ~
Ail internal options, such as a math
cop~cessor~L additional RAM, and the
jumper that enables password protection
are available under a sliding cover~Yo~u
e~sily a~dRAM by plugging in proprie-
tary I MB ($149) or 2MB ($249) modules,
up to a total of 5MB. Installing the data/
fax modem is equally simple: You press
down on a panel at the bbttom of the
machine., slide in the modem,, and press
the panel back into place. Two phone
.jacks are placed on the left side of. the
~. Computer, near the back, where they're
easy to reach but won't get in your way.
Dell's service ~>olicy is close to ideaL.
Forgone ye, ar you ~et next-day, on-site,
~epiac.e,_ment 9f [he whole machin~ throtmh
X~rox s s~er~ice networlq. The technician
wa try to transf-er data from the defective
unit to the replacement. Everything about
this computer, from its thoughtful design
through its superb power management,
inspires confidence--and Dell's on-site
replacement policy inspires even more.
Rival manufacturers may decide that this
is the one to beat.
EPSON
NB3s
by Greg Pastrick
The Epson NB3s may be one of the light-
est and most conveniently expandable
386SX notebook computers around.
Though adding on its many options is
expensive, the expense is balanced by
increased functionality and performance.
$4,297 buys a system that matches our 16-
MHz standard configuration: 2MB RAM,
20MB hard disk. Epson goes other manu-
facturers one better by making the hard
disk removable and the backlit LCD de-
tachable. A 1.44MB floppy disk drive,
DOS 4.01, and two 1-hour nickel cad-
mium batteries are also standard. Epson
also sent along an expansion chassis that
had two full-size slots and a removable
120MB hard disk, which would make the
NB3s truly desktop ready, if not pricey, at
$6,296.
The NB3s is slim (1.8 by 11.5 by 8.3
inches), and its removable_component:;
are small and light as well. The 2.5-inCh
Conner/Seiko-Epson hard disks ire
Epson NB3s
Epson AmeriCa inc., 20770 Madron~ Ave.,
Torrance, CA 90503; 800-289-:3776.
List Price: $4,297.
Tested Configuration: 2MB RAM, 20MB
removable Conner/Seiko-Epson hard disk,
1.44MB floppy disk drive, VGA LCD, DOS
4.01.
Options: 1MB RAM upgrade, $299; 4MB
RAM upgrade, $1,199; upgrade to 40MB hard
disk, $1,150; upgrade to 60MB hard disk,
$1.550, 1201vid removable hard disk, $1,299.
2,400-bps modem with MNP 5 data
compression, $399. Battery charger, $299; car
battery adapter, $149; numeric keypad, $149;
expansion chassis, $699; standard carrying .
case, $99.
CIRCLE 429 ON READER SERVICE CARD
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
Bid Award for Golf
De~. Origin Finance tIA~)
Date ~~ 11/04/91
~ ~3e~a o~ 11_~_~/~ 91
E~h{h[ts: Bid Tabulation
571.00
720.00
Three bids were received to provide and install a security alarm system at the
Golf Course. All bidders were asked to sut~it two options, one to purchase
outright and one for a lease option. The low bidder, Southern Security Systems
of Fort Pierce, was found to be both qualified and capable of perform~ to
specifications. ~ne Golf Course Pro/Manager r~ed the lease option for
five (5) years. One main advantage the City has under this option is the ability
of non-appropriation's to void the lease if the equipment or service proves
unsatisfactory in any manner, or if there is major technology improvement in
equipment. The cost will be about $48.00 per month and adequate funds are
budgeted.
Move to aware the bid for the Golf Course Alarm System to the lowest and best
bidder, Southern Security Systems of Fort Pierce, Inc., exercising the lease
option in the amount of $571.00 per year or $2,855 over the five (5) years.
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City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
Bid Award for Golf
Cart Batteries
)
) D~. Origin Finance(LWN)
)
) Dat~ 9,~itted ~91
)
) Fca? ~ of ~91
)
) Exhibits: Bid Tabulation
)
)
)
EXP~ITURE
R~Q[T/lq~D: $14,091.00
~XZ~D: $15,000. O0
Two bids were received to supply three hundred sixty six (366) new batteries for
sixty one (61) golf course golf carts. The apparent low bidder, Hale's Auto
Electric, did not meet the specifications in at least three (3) areas
specifically listed as follows: 103 minute capacity instead of 108, 62 pounds
instead of 64 pounds in weight, and the speed caps would have to be strapped
around the batteries. The weight differential is very important i~ that it
relates directly to the length of life for the batteries. The second bidder,
Jeffrey Allen, Inc., met or exceeded all specifications and has been supplying
the majority of the batteries and other golf cart parts for a number of years in
a very satisfactory manner. Adequate funds are budgeted.
Move to awar~ the bid for three hundred sixty six (366) new golf cart batteries
to the best bidder, Jeffrey Allen, Inc., of Bradenton, Florida in the amount of
$14,091.00.
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City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
Bid Award for Fairway
Mowers
)
)
) Date ~,t~tted
)
)
)
) Extd~its:
)
)
)
Finance(INN)
~91
11/13/91
Bid Tabulation
EXP~IT~
F~3~J~: $ 37,296.00
~:R~n: $ 42,000.00
Three bids were received for two (2) fairway mowers. One is for the Parks
Department and is budgeted in the Capital Improvement fund, the second is for the
Golf Course and budgeted in the Capital Improvement section of that fund. A
total of $42,000.00 is budgeted, $21,000.00 in each fund. ~ne apparent low
bidder, Lesco, Inc. did not meet the specifications in several areas, two (2) of
the most important being: adjustable spring applied down pressure system is not
available on the Lesco model and the unit has only three (3) tires and not four
(4) as specified. Hector Turf bid Toro units which make up most of the Golf
Course fleet and parts are readily available and the service is excellent.
Move to award the bid for two (2) fairway mowers to the best bidder, Hector Turf
of Deerfield Beach, Florida, for $18,648.00 each or a total of $37,296.00.
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City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
Bid Award for Mataway
Verti Cutter
)
)
) Date
)
)
)
) Emhibits:
)
)
)
Fina~
11/06/91
11,13/91
Bid Tabulation
2,783.00
B[IXlEI~D: $ 3,000.00
Three bids were received for the Golf Course walk behind mataway verti cutter.
All three bidders bid comparable equipment meeting all of the specifications.
Adequate funds are budgeted in the Golf Course fund.
Move to aurard the bid for a mataway verti cutter to the lowest and best bidder-,
DeBra Turf & Industrial Equipment Ccmpany of Ft. Lauderdale, in the amount of
$ 2,783.00.
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City of Sebastian
POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
Bid Award for Tractor ) /~ No.
with Loader & Backhoe )
) Date
FJ_nanoe fI_~l
11/06/91
11~13/91
Bid Tabulation
EXP~ND~
l~lJnq~D: $ 15,500.00
20,000.00
Three bids were received for a tractor with a loader and backhoe attachment for
the Golf Course. Sunrise Ford Tractor Co. Inc., of Ft. Pierce, was the low
bidder with a Kubota L2650 and it meets or exceeds all of the specifications.
Adequate funds are budgeted in the Golf Course fund.
Move to award the bid for a tractor with a loader and a backhoe to the lowest and
best bidder, Sunrise Ford Tractor Co. Inc., of Ft. Pierce, for a Kubota L2650
tractor in the amount of $15,500.00
II
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City of Sebastian
POST OFFICE BOX 780127 [~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
Bid Award for Golf
Course ~er
)
) ~.~
)
) Date SU~mi~
)
) R= ~a ~
)
) E~ibite:
)
)
)
Finance (LWN)
11/13/91
Bid Tabulation
12,164.00
]~~J~: $ 16,000.00
Four bids were received for a green~x~mr for the Golf Course. The apparent low
bidder, Lesco inc., did not meet all of the specifications. Two of the most
important are listed: no hydraulic leak detector and the bedknife to reel
adjustment is a screw type and not a single point control knob. The next
apparent low bidder, Pifer Inc., did not meet all of the specifications either.
Two of the most important being no hydraulic leak detector and a belt drive
system instead of a hydraulic drive pump system. Hector Turf bid a Toro
Greensmaster 3100 which meets or exceeds all of the specifications and they'
provide excellent service and parts are more readily available. Adequate funds
are budgeted in the Golf Course fund.
Move to award the bid for a golf course greensmower to the best bidder, Hector
Turf of Deerfield Beach, Florida, in the amount of $12,164.00
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City of Sebastian
POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
Bid Award for Golf
Course Sod Cutter
) Dat.
)
)
)
) Exhibits:
)
)
)
5/7
Finance (LWN)
11/06/91 ......
~/1,/91 .
Bid Tabulation
EXP~D~
R~J~: $ 2,740.00
500.00
Two bids were received for a sod cutter for the Golf Course. Both bidders bid'
exactly the same piece of equipment within $10.00 of each other. Although the
bid exceeds the amount budgeted by some $240.00, the Golf Course fund has
adequate funds for thispurchase.
ACTION
Move to award the bid for a sod cutter for the Golf Course to the lowest and best
bidder, Pifer Inc., of Jupiter, Florida, in the amount of $2,740.00
City of Sebastian
POSt OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
Rejection of bids for
5 mower reels
)
) ~-~
)
) Dat~ ~,~itted
)
)
)
)
)
)
11/07/91
11/13/91 ....
Bid Tabulation
Memo from Golf Course
Superintendent
NONE ~BEr~vn: $ 2,000.00
Two bids were received for five (5) mower reels for the Golf Oourse. Both
bidders failed to meet at least three (3) important specifications and the reels
as bid will not work on the existing Toro mower. Please refer to the attached
memo frc~ the Golf Course Superintendent. Staff therefore recommends a rejection
of both bids for the mower reels pursuant to city code section 2-64 (d), as the
public interest will be best served thereby. A recommermlation for further action
will follow later.
Move to reject both bids for the five (5) mower reels as neither met all of the
specifications.
0
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City of Sebastian
POST OFFICE BOX 780127 rn SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 t3 FAX (407) 589-5570
Robert McClary, city Manager
Chris McCarthy, Golf Oourse Super~ent
November 7, 1991
I recommend we reject the two bids frc~ Imsco and DeBra for the mower
reels. These bids did not meet the specifications I wrote up. The Lesco
bid failed to meet the 11 blade reel, bedknife to reel adjustment and
differential specifications. The DeBra bid did not meet the 11 blade reel,
bedknife to reel adjustment and reel construction specifications.
~hese reels will go on our Toro Parkmaster mower. The reels from DeBra and
Lesco will not fit on this mower. The Toro distributer says they sent a
bid but it was not received. I will negotiate with other vendors and get
back to you with a rec~t~ndation at a later date.
CODE ENFORCEMENT BOARD
CI~Y OE SEBA, S~I AN
iNDIAN RIVER COUNTY, FL~DRIDA
IN ~HE ~AT~£R OF:
NANCY L. EE SAUNDERS and
VERNON SbAV£N
B2! Jamaica Avenue, Sebastian, FL, 32958
L~ E G AL, DFSCRIP~ION:
CASE NO.
L, ot I I , Block }46, SEBASTIAN HIGNbANDS
UNI [ #3, of Indian River County, Florida.
ORDER FINDING VIOL, A¥ION
IH) S CAUSE originally came to be heard after due Notice to
the Respondent at a vie latlon hearing conducted by the Codn
Enforcement Board of the City of Sebastian on lO/l 6/9)
regarding violation of an ordinance/the band Development Code of
the City of Sebastian prohibiting/describing lange -trucks and
heavy equipment Specifically the violation involved Chapter
5.16.1, Section 20A.
FIND) NGS OF FAC~
~he Board determined upon the evidence presented that the
vie later kept a wrecker on the residential pnoperty in violation
of the above-neferenced ordtnar~ce.
CONCbUSIONS OF hAW
[he above-reFerenced individual was found to be in violation
et' said ordinance and a $]00.00 fine is levied. Additional ly the
violator has 72 hours
$250.00 a day is levied.
to co~nply with the ordinance or a fine of
ORDER
1. UPON COHPL, I ANCE, RESPONDENT SNAL, L, NOEl FY ~1~ CODE
ENFORCEMENT OFFICER, Robert NIchoison, WHO SHAL, L, DIRECT AN
)NSPECTION OF ~HE PROPERTY AND NO~) FY ~HE CODE 'ENFORCE~EN~ BOARD
AS ~0 CORRECTION OF THE VIObA~ION.
2. ) f Respondent causes a reoccurrence of the violation.
this Board shall reconvene in the Council Chambers to hea~
further evidence on thc issue of compliance and to impose a fine
of up to the maximum amount of $500.00 per day fen each day the
violation continues. In the event of a future violation of this
order after the aforementioned date, Respondent sba 11 be
renottfted of a new compliance hearing, at which the Board
review the evidence and impose the fine provided herein if said
violation is de=ermined to have again occurmed.
3. TAKE ND~ICE ~HAT ANY Fi NE ]MPOSED BY ZH) S BOARD AGAi NS~
YOU CONStitUtES A bi EN AGAI NS~ THE REAb PROPERTY UPON WHICH
VIObA~ION EXISqS, OR iF YOU DO NO~ OWN ~HE PROPERIY, ~NEN AGAINST
ANY REAb OR PERSONAb PROPERTY WHICH YOU DO OWN. YOUR =ON~I NUED
NONCOMPbl ANCE CAN RESUbq 1N FORECbOSURE, JUDICI Ab SANE, AND bOSS
Of YOUR PROP£R~Y. [HEREFORE, IF FOR ANY REASON YOU ARE UNABbE [0
~HE SEALED ~IHE, PHRASE NOTIFY [H£ CODE' INSPECTOR
COMPbY
)MMEDI A~EbY.
DONE AND ORDERED
session at the
Florida.
this
Counci)
day
Chamber,
of "~:~'"C~L~ 1991 in opcn
) 225 Main Street, Sebastian,
· ~',~"Z '.'''''['''2 '""' -
Chairman
Code Enforcement Board
Nunc Pro T, unc'
ATT, EST:
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
FEE WAIVER FOR ST. ELIZABETH'S
EPISCOPAL CHURCH
Approved For Submittal By:
City Manager
) Agenda Number: ~/~
)
) Dept. Origin: Community Development /.~
)
Submitted: 10/18/91 (BC~/~-YF-~L
) Date
)
) For Agenda Of: 11~13/91
)
) Exhibits: Letter dated 10/07/91
) from Florence Holzman
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The St. Elizabeth's Episcopal Church is requesting a fee waiver from City
Council for a sign permit to erect a directional sign at Sebastian Lakes
Planned Unit Development. The sign permit is permissible under the Land
Development Code and their request is customary for churches.
RECOMMENDED ACTION
Move to approve the fee waiver for St. Elizabeth's Episcopal Church for a
sign permit.
R~C~IVEI] OCT 0 9 ;991.
October 7, 1991
Attention: Mayor of the City of Sebastian
Dear Sir:
Please accept this request for consideration to have
the permit fee waived for the directional sign for the
church of St. Elizabeth's, We have received approval
for this from the owners of Sebastian Lakes property.
Thank you for your kind attention.
Respectfully,
Florence Holzman
St. Elizabeth's Episcopal Church
901 Clearmont St.
Sebastian, Fl. 32958
City of Sebastian
POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
REQUEST TO REMOVE SPECIMEN TREE
FROM AMERON HOMES
Approved For Submittal By:
City Manager ~~
) Agenda Number:
)
) Dept. Origin: Communit~ Development
) (BC[~
) Date Submitted: 11/04/91
)
) For Agenda Of: 11/13/91
)
) Exhibits:
) Application for tree removal
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Pursuant to the City Council's direction at its regular meeting of May 22,
1991, the City of Sebastian Building Department requires a tree removal
permit to be obtained prior to clearing of any lots. The applicant,
Ameron Homes, is requesting to construct a single family residence on Lot
30, Block 379, Sebastian Highlands Unit 11. The construction will
necessitate the removal of one (1) pine tree over 20 inches in diameter
due to the proposed building location and improvements.
RECOMMENDED ACTION
Move to approve the removal of one pine tree over 20 inches in diameter
located on Lot 30, Block 379, Sebastian Highlands Unit 11.
CiTY OF SEBASTIAN / APPLICATION FOR CLEARING AND
REMOVAL AND/OR RELOCATION OF TREES
STREET AOORESS: 0 2To y H V£ m b k.
LOT NO.: 30 BLOCK NO.:. 377 UNiT NO.: //
ZIP:
SUBDIVISION:
CONTRACTOR:
ADDRESS: ~
PHONE:
SUB-CONTRACTOR:
ADDRESS:
PHONE:
REASON FOR THE PERMIT:.~'o
ZIP:
OWNER OF PROPERTY: /,,. ~.?.-o A/ b ~- ~HfR~-~V /--, -~RT-D
ADDRESS: ~O[ Co~/~//% ~Z)~ CE~/$~';7~ fi. ZiP
PHONE NO.: ~.,f,.,-L.~./~LI
I certify that all the foregoing information is accurate and
that all work will be done in compliance with the Land
Development Code ( Article XIV )
Signatur~~~;' ~ J ,~.~
APPLICATION MUST INCLUDE:
1. On a survey, locate all specimen trees (20 inch
diameter or more). Indicate which trees to be
removed and/or relocated. Indicate the species of
each tree. All specimen.trees (20 inch diameter or
more) to be removed or relocated must obtain the
approval of the Sebastian City Council. A sur~%y
indicating all improvements must be submitted in
relation to the removal of the specimen trees.
Applicant must tag all specimen trees with a bright
ribbon around the tree approximately 6 feet above
the grade.
Office Use Only
SITE iNSPECTION BY:~
APPROVED FOR PERMIt: 'YESES.· NO:
MUST OBTAIN CITY COUNCIL APPROVAL: YES:
IF YES, DATE OF CITY COUNCIL APPROVAL:
· ~f- LL ""~'.~'~
(H) ~HE^SURED
closed traverse
Z~.~~ R/~RJ Zh~-of-W~v
DESC=Descciption
NEAS=Measured
O}A4~Overhaad wires
I]LEV =El.eva t ion ~
DESCRIPTION
F f-'.o Po $
YACAAIT
7~:
~c' '~"~ LOT CONTAINS 10OOO ~square~eet
~[- O.~3acres :.ore o~ less.
LOT ~0, BLOCK 379, SEBASTIAN IIIGHLANDS UNIT Il,
according to the Plat thereof as recorded in Plat
Book 7, .Page 56H., Public Records o~ Indian River
County; Florida.
P~t'cet ]ie.~ iii Sec.25,Twp.31S.,Rng,38E.
BOUNDARY SURVI':Y WI'I'll I. MPl,~O\qsMF, N'I'S
}"OR
LF, ON I). & SIIIRI, EY L. BARTO
^hSO CERTIFIEI) TO: COMblERCIAb TITLE SF, RV[CES,INC.
Job No. 91-160,5
Field Book No. o068-tOl-t03
BREVARD SURVBY~qO, INC.
1743 CANOVA ST. S.E.
PALM BAY FL, 32909
1/4071729-0196
SIIRVI,;YOR ' ,'-; NOTES:
I . B¢~lc i, tlF.:~ based on P, cc;ord P.inl: ].J.iw: ;is shown
u. above sketch of SUl:Vey J.l~ticn~ed by (BASIS
OF BI{ARING LINE).
2.Loc;it. iol~ of undergrout~d uLJlities and under-
ground [ouadatJ. ons ara not gl:stracted and have
3.Property situated in Flood Zone "X"
accordiTff% to FIRM MAP of INDIAN RIVER COUNTY
Florida ,map m~mber 12061C007~E.
5.This SUl:VCy was pcepared without benefit of
a current title report and tt,erefore may not
5ndical:e ail encumbrances affecting sobject
Cl,;wr I I,'iCh'l~ I ON
I IIEREBY (;ERT]FY:Ttm~ I:his Pla[ of Land 3urvey,represents a field
survey p~formed on 8/23/9l and recently prepared by the under-
s igned,meer, s the MINIMUM TECHNICAL ST~DARDS for land surveying
Jn the St:,te of Florida,as set forth by the3tqrida Board of
~;.:.rc~s},.;,a]} Land Smrveyo,'s,m~d pursoant [~ 47~.O27 FLORIDA STATIITES,
~URVEYOR'S SI,;M, i~)I~B-RIiGIwrRNI~ION NU.f~5(F~
CiTY OF SEBASTIAN
RENTAL PERMIT APPLICATION
COMMUNITY CENTER Yes YACHT CLUB Mo
Name of Renter/~rganization Sebastian River Shrine Club
Number of Persons conetituting group or orgsnizstion:
Reason for Rental Charter NiEht Party
Requested Date Friday; April 10:1992
Time of Day: From 6:30 pm To 10:30 pm
Please answer YES or NO:
1)
2)
3)
4)
Are kitchen facilities required?
Are you e resident of Sebastian?
Will decorations be put up?
No
Yes
No
Will there be an admission or door charge? No '
Will alcoholic beverages be eerved? Yes
(s)
75
If answer to fi5 is yes - //~/~1/~
permittee's proof of age 69 (Flor!da Dr!~er~ License)
If alcohol is tO be earved, permission is required bF the
City Council. Your request will ba presented to Council
on
(b)
of Rental ~--O, CO 7% Tax: ,
Amount
Security DepoSit: 8 On han~ Total Rental!
Name of Permittee:John C. Z.~ek.v J~
"Address of Permittee! 83~ ~entwn~th Rt~. ~.~t~9. Fi_
Telephone No,~(40?) 589-29Z~,, Date of Application~_t_23~
Make checks payable to: CITY OF SEBASTIAN
city
APPROVED/DISAPPROVED
TO BE FILLED IN BY CITY ~L~,S OFFICE
by Check ~ / ~.-~. (date)or Csshin the amount of
initial
Rental Fee paid on (date) in the amount of
by Check ~ or Cash
initial
Alcoholic Beverage Request heard at the Council Meeting on
(date). Request APPROVED/DENIED.
Fee Waiver Request heard at the Council MeetinG on
(date). Request APPROVED/DENIED.
Key Pickup Date Key Return Date
Security Deposit returned by City Check ~
amount of on
Amount kept for damages (if applicable).
\ws-form\rentapp
in the
(da~e).
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
Sebastian Area Civic Assoc.
APPROVED FOR SU[~4ITTAL BY:
City Manager: ~
)
) Dept. Origin ~ Clerk
)
) Date Submitted 11/7/91
)
) For A~enda Of 11/13/91
)
) Exhibits: Application
Phelan Letter dated 11/4/91
EXPENDITURE AlViJ3NT APPROPRIATION
~RED: BLDG'ETED: ~RED:
S~ STATSb~NT
The City ODuncil b~ historically waived ~be rental fee for the Sebastian
Area Civic Association use of the Yacht Club for distribution of checks %o
charitable organizations. We currently hold a $100 security deposit for
all of the group's functions.
~ED ACTION
Fore ~o waive ~he rental fee for use of ~he Yacht Club by the Sebastian
Area Civic Association on December 6, 1991 from 9:00 a.m. to 11:30 a.m.
1
CITY OF SEBASTIAN
RENTAL PERMIT APPLICATION .j
COMMUNITY CENTER YACHT CLUB
Number of Persons constituting group or organization: ~ 0 ~--~--.
Reason for Rental
Requested Date
Time of Day: From
Please answer YES or NO:
1) Are kitchen facilities required?
2) Are you a resident of Sebastian?
3) Will decorations be put up?
4) Will there be an admission or door charge?
5) Will alcoholic beverage~ be served? ~
(a)
(b)
If answer to frs is yes -
permittee'e proof of age
If alcohol is tq be served, permission is required by the
City Council. Your request will be presented to Council
on
Amount of Rental /' · J . W~ 7% Tax:
Security Deposit $/~,,Q ,~-~
Name of P.rmittee? ~~.~ ~,~~
"Address of Permittee!
Tel.phone
Make checks payable %o: CITY OF S~BASTIAN
APPROVED/DISAPPROVED
City Clerk
TO BE FILLED IN BY CITY CLERK'S OFFICE
Security Deposit paid on
6y Check
(date) in the amount of
or Cash
initial
Rental Fee paid on
by Check
(date) in the amount of
or Cash
initial
Alcoholic Beverage Request heard at the Council Meeting on
(date). Request APPROVED/DENIED.
Fee Waiver Request heard at the Council Meeting on
(date). Request APPROVED/DENIED.
Key Pickup Date
Key Return Date
Security Deposit returned by City Check
amount o£ on
Amount kept for damages (if applicable).
\ws-form\rentapp
in the
(date).
Sebastian Area Civio ,4ssoc,, Inc,
P.O. BOX 674
SEBASTIAN, FLORIDA 32958
November
Sebastian City Council
Sebastian City Hall
Sebastian, FI. 32958
Gentlemen:
The Sebastian Area C~vic Association requests
the use of the"Sebasti~n §acht Club for the
morning hours ~f Friday, December 6, 1991 to
distribute donation ch~cks to the local charitable
organizations. This Is a function we have annually.
Also~ it ~ould be ~very~much appreciated if this use
was r~nt fre¢o
~ery truly yours,
vice President-City Li_aison.
794 Schumann Drive
S~bastian, FI. 32958
TeI.~ 589-2222
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
PROJECT OWNER'S REPRESENTATIVE
FOR THE POLICE STATION
Approved For Submittal By:
City Manager
) Agenda Number: q/.25~
)
) Dept. Origin: Community Development ~..~.
) ( BC )~.~___
) Date Submitted: 11/07/91
For Agenda Of:
Exhibits:
11/13/91
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular meeting of November 6, 1991, the City .Council expressed
interest in hiring an individual to serve as a Project Owner's
Representative for the Police Station. Staff does concur with the Vice
Mayor's suggestion~nd recommend the following language be placed for
recruitment of this position:
Wanted-Project Owner's Representative for new Police Station facility.
This would be a temporary position up to the completion of the project
(approximately 7 months) and will work up to 40 hours a week, if needed.
Salary is up to $300.00 per week ($7.50 per hour). This position will
serve as Project Owners Representative under the supervision of Director
of Community Development and must possess a current or inactive
certification through the Department of Professional Regulation as a
General Contractor and have extensive experience in commercial
construction. As a temporary employee, this position would not be
eligible for benefits afforded to the full time employees within the City
of Sebastian.
RECOMMENDED ACTION
Move to approve the City Manager hiring a Project Owner's Representative
for the Police Station.
GaJtv B. FI~SE~f
JAMES H. FALI~.¢E
VINCENT G. ~O~Y, JI~
~c~ $. To~
GREGORY S.
J. PATmCK ANDE~ON
~U~ L. ~DE~ON
WILLL~ A- GmMM
COUNSEL
]~R_ESE, FALLAOE. NASH & TORPY. r. A~
ATTORNEYS AT LAW
VIA TELECOPIER ]kND U.S. MAIL
Telecopier # 589-5570
Robert S. McClary, City Manager
city of Sebastian
P.O. Box 780127
Sebastian, FL 32958-0127
Elkcam Dam Matter
Our File No. 91-7581
Re:
November 7, 1991
930 S. ~oa CiTY BLVD.
SUITE 505
MELBOUlt/~E, FLORIDA 32901
(407) 984-3300
FAX (407) 95L3741
T~T~o~
Dear Robb:
This letter will serve to confirm our telephone conference of today
wherein I advised you that it is my opinion and direction that no
person affiliated with the city of Sebastian, including employees,
independent contractors and elected officials, should make any
comment concerning the incident involving the Elkcam waterway dam.
In addition, I will be engaging an expert in dam and waterway
engineering to provide my office with advice and technical
information concerning the incident. Obviously, the expense
incurred by our law firm shall be passed through to the City as
part of our legal services.
If you or any o,ther City official has any questions concerning this
matter, please be advised that James H. Fallace of our law firm
will be the primary attorney involved in representing the City with
respect to this matter. It is my understanding that Michael G.
Hudkins, Finance Director, is our primary person of contact on
behalf of the City in this regard.
Very truly yours,
cIcN/niz
: Michael G.
FRESE/FALLACE, NASH & TORPY, P.A.
Charles Ian Nash
city Attorney
Hudkins, Finance Director
ORDINANCE NO.: 0-91-28
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, CREATING A NEW CHAPTER 32 OF THE CODE
OF ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO
THE REGULATION OF GARAGE SALES; PROVIDING DEFINITIONS;
SPECIFYING PERSONS EXEMPTED FROM PROVISIONS OF CHAPTER
32; REQUIRING PERMIT; PROVIDING PERMIT APPLICATION
PROCEDURES AND FEE THEREFORE; PROVIDING PERMIT
CONDITIONS AND RESTRICTIONS; REQUIRING DISPLAY OF
PERMIT; REGULATING PROPERTY PERMITTED TO BE SOLD;
REGULATING HOURS OF OPERATION; REGULATING WHERE
PROPERTY MAY BE DISPLAYED AND SOLD; REQUIRING CONTROL
OF PARKING; IMPOSING RESPONSIBILITY FOR CONDUCT OF
SALE; PROVIDING REGULATIONS GOVERNING THE NUMBER,
LOCATION, SIZE AND DURATION OF SIGNS ADVERTISING SALE;
PROVIDING FOR ENFORCEMENT; PROVIDING PENALTIES FOR
VIOLATION; 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 sales of personal property taking
place in residential areas, commonly known as "garage sales"; and
WHEREAS, the City Council of the City of Sebastian has
determined that unregulated garage sales cause congestion of
streets in residential areas of the City, disturb the peace and
quiet enjoyment of residential areas, cause annoyance to citizens
of the City and compete with licensed businesses lawfully engaged-
in the sale of personal property within the City; and
WHEREAS, the City Council has determined that in order to
prevent these problems, garage sales must be regulated; and
WHEREAS, the establishment of a garage sales 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.
1
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. The Code of Ordinances of the City of Sebastian,
Florida, is hereby amended to create Chapter 32 to read as
follows:
"CHAPTER 32
GARAGE SALES
Sec. 32-1. Definitions.
(a) Garage sale means all general sales open to the
public, from or on residential premises located in any
zoning district of the City of Sebastian zoned
residential, multi-family residential, mobile home,
commercial office residential, marine commercial and
residential, and commercial resort residential, for the
purpose of disposing of personal property, including,
but not limited to, all sales entitled "garage,"
"lawn," "yard", "attic," "porch," "room," "backyard,"
"patio," "flea market," or "rummage" sales. This
definition shall not include a situation where no more
than five (5) specific items of personal property are
held out for sale, none of the items, except for motor
vehicles and vessels, are displayed outside of the
residence, and all advertisement of such sale speci-
fically names those items to be sold;
(b) Person means an individual, child, firm,
association, Joint venture, partnership, estate, trust,
business trust, syndicate, fiduciary, corporation, and
all other groups or combinations; or
(c) Personal property means property which is owned,
utilized and maintained by an individual or members or
his/her residence and acquired in the normal course of
living in or maintaining a residence. Personal
property shall not include merchandise which was pur-
chased for resale or obtained on consignment or food or
beverages.
2
Sec. 32-2. Persons Exempted from Chapter provisions.
The provisions of this Chapter shall not apply to or
affect the following:
(a) Persons selling goods pursuant to an order or a
process of a court of competent jurisdiction;
(b) Persons acting in accordance with their powers and
duties as public officials;
(c) Any sale conducted by any merchant or mercantile
or other business establishment from or at a place of
business wherein such sale would be permitted under the
Land Development Code of the City of Sebastian or under
the protection of the non-conforming use section
thereof, or any other sale conducted by a manufacturer,
dealer, or vendor, which sale would be conducted from
properly zoned premises and not otherwise prohibited in
other provisions contained in the Code of Ordinances or
in the Land Development Code; or
(d) Any bona fide charitable, educational, cultural,
or governmental institution or organization, recognized
as such under Section 501(c)(3) of the Internal Revenue
Code of 1986, as amended, when the proceeds from the
sale are used directly for the charitable purposes of
the institution or organization, and the goods or
articles are not sold on a consignment basis.
Sec. 32-3. Permit required; contents of application
for permit; application fee; consent.
(a) Required. No garage sale shall be conducted
unless and until the person designated to conduct such
sale shall obtain a garage sale permit from the
Community Development Department.
(b) Permit application. Prior to issuance of any
garage sale permit, the person conducting such sa~
shall file a written application with the Community
Development Department in advance of the proposed sale,
setting forth the following information:
1. Full name and address of applicant.
The location at which the proposed garage
sale is to be held.
The date, or dates, upon which the sale shall
be held.
The date, or dates, of any other garage sales
held at the same location within the current
calendar year.
3
An affirmative statement by the applicant
that the property to be sold was owned by the
applicant as his/her own personal property
and was neither acquired nor consigned for
the purpose of resale.
An affirmative statement by the applicant
that he/she understands that the garage sale
permit will expire in three (3) days from the
time and date of its issuance or effective
date and that the applicant understands that
he/she is entitled to conduct only one (1)
garage sale pursuant to any such permit which
sale shall only be conducted at the location
stated in the application.
(c) Permit fee. There shall be an administrative
processing fee of Two Dollars and 00/100 Dollars
($2.00) for the issuance of a garage sale permit.
(d) Consent. By applying for a garage sale. permit
under this Chapter, the applicant shall be deemed to
have consented to the provisions of this Chapter and to
the exercise by the Community Development Department of
its responsibilities under this Chapter.
Sec. 32-4. Investigation of permit applicant. Before
issuing a permit, the Community Development Department
may conduct an investigation as may reasonably be
necessary to determine if there is compliance with this
Chapter.
Sec. 32-5. Permit conditions; restrictions. The
garage sale permit shall set forth and restrict the
time and location of the garage sale. No more than
· four (4) garage sale permits may be issued to any one
(1) residence and/or family household during any
calendar year. If members of more than one (1) resi-
dence 3oin in requesting a garage sale permit, theh
such permit shall be considered as having been issued
for each and all such residences.
Sec. 32-6. Display of permit. The garage sale permit
must be clearly displayed and visible for a distance of
six (6) feet from the curb line or nearest edge of the
paved portion of the street or right-of-way abutting
the property upon which the garage sale is to be
conducted.
Sec. 32-7. Property permitted to be sold. It shall be
unlawful for any person to sell or offer for sale,
under authority granted by this Chapter, property other
than personal property.
4
Sec. 32-8. Hours of operation. Garage sales shall be
limited in time to no more than the daylight hours of
three (3) consecutive days.
Sec. 32-9. Display of sale property. Personal
property offered for sale may be displayed within a
residence, in a garage, carport and/or front yard but
only in such areas. No personal property offered for
sale at a garage sale shall be displayed in the side or
rear yard areas of any such premises or in any public
right-of-way. Provided, however, that a vehicle
offered for sale may be displayed on a permanently
constructed driveway within such front or side yards.
Sec. 32-10. Provision, control of parking. The person
to whom a garage sale permit is issued shall provide
for the parking of vehicles in such a way as to avoid
creation of a hazardous or unsafe condition and shall
not permit vehicles to impede the passage of traffic on
any roads or streets in the area of the property upon
which the garage sale is conducted.
Sec. 32-11. Responsibility for conduct of persons on
the premises. The person to whom a garage sale permit
is issued and the owner or tenant of the property on
which such sale or activity is conducted shall be
3ointly and severally responsible for the maintenance
of good order and decorum on the premises during
all hours of such sale or activity. No such person
shall permit any loud or boisterous conduct on said
premises.
Sec. 32-12. Advertising, signs.
(a) Number, location and size of signs permitted.
Only the following specified signs may be displayed in
relation to a pending garage sale: one (1) sign of not
more than four (4) square feet shall be permitted to be
displayed on the property of the residence where the
garage sale is being conducted. --
(b) Time limitation on exhibition of signs. No sign
as provided in Section 32-12(a) shall be exhibited
except during the hours of operation.
(c) Removal of signs. Signs must be removed each day
at the close of the garage sale activities or by the
end of daylight, whichever occurs first.
Sec. 32-13. Enforcement.
(a) The City Council of the City of Sebastian may
enact by resolution reasonable rules and regulations to
implement and carry out the provisions of this Chapter.
5
(b) In addition to all other available legal and
equitable remedies, the City Council of the City of
Sebastian may bring suit to restrain, enjoin, or
otherwise to prevent the violation of this Chapter.
Sec. 32-14. Fines and Penalties. Violations of any of
the provisions of this Chapter shall be punishable as
provided in Sec. 1-10 of this Code. In addition, if
any person is found to have willfully violated any
provision of this Chapter, the Community Development
Department is instructed to cancel any existing garage
sale permit held by such person and not to issue such
person another garage sale permit for a period of two
(2) years from the date of the finding of willful
violation nor to issue any member of such person's
household a garage sale permit to conduct a garage sale
from the same location where the violation occurred for
a period of two (2) years from the finding of a willful
violation."
Section 2. CONFLICT. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 3. 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
may be renumbered or relettered to accomplish such intention; and
the word "Ordinance" may be changed to "Section," "Article" or
other appropriate designations.
Section 4. SEVERABILITY. In the event a court of competent'.
jurisdiction shall hold or determine that any part of this Or-
dinance 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
6
provision, thereby causing said remainder to remain in full force
and effect.
Section 5. 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
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
· 1991, 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
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: )
FIRST READING OF ORDINANCE 0-91-13 )
AND 0-91-14, ADULT ENTERTAINMENT
ORDINANCES
Approved For Submittal
City Manager
Agenda Number: ¢/,/~/
) Dept. Origin: Community Develo.pment ~
) 91 (BC)/~/
) Date Submitted: 11/07/
)
) For Agenda Of: 11/13/91
)
) Exhibits: Ordinance 0-91h13,
) Ordinance 0-91-14 and Memorandum
) dated 10/21/91 from P & Z
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular workshop meeting of June 5, 1991, the City Council reviewed
Ordinances 0-91-13 and 0-91-14 which proposes to further regulate adult
entertainment establishments. At its regular meeting of October 17, 1991,
the Planning and Zoning Commission held a public hearing and has
recommended the two ordinances be approved.
Ordinance 0-91-13 is to promulgate restrictions on adult entertainment
establishments and the text of the ordinance consists of five ~eparate
articles which are as follows:
2.
3.
4.
5.
General Provisions
Licensing Requirements
Employee Restrictions
Specifications For Adult Entertainment Establishments
Criminal Provisions For Any Violations.
Ordinance 0-91-14 provides for a zoning amendment to restrict the land use
category of adult entertainment establishments as a conditional use only
within the Commerical General zone classification.
Since Ordinance O-91-14 is a zoning amendment and affects less than five
percent of the total land area of the City of Sebastian, the Florida
Statute will require the City Clerk to notify all property owners affected
by this zoning change of the proposed public hearing. In addition to the
notification requirements by Florida Statute, the Land Development Code
'7//5/
Page 2
will require notification of all property owners within 300 feet of the
zoning change. Due to the extensive amount of research to notify all
property owners and a minimum of 30 day notification prior to the public
hearing, City staff is requesting the public hearing to be held on January
8, 1992.
RECOMMENDED ACTION
Move to approve first reading of Ordinance 0-91-13 and 0-91-14 and set the
public hearing for January 8, 1992.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
DATE
October ~1 ~
~ 1991
TO:
Mayor and City Council
THROUGH:
FROM:
Robert S. McClar'y
City Man ac_.l er.
Linda Ki nchen_~~_
P~annin~ and Zoning Secretary
RE: 0-91-1.3 and 0--91-14 Adult En'Lertainment Ordinances
Please be ~.c, vised that at their regular~ meetin~ held on
October 1.?~ 1991 the P]annin.q and Zonincd Commission held the
necessary Pub] ic Hearings in c)rder- to take action on the
above two ordinances.
There were no comments by the public at these hearings.
motion to r, ecommend approval o+ Or~dinance 0-91--13 and 0--91-
as presented was made by Mr. Mahoney with a second by Mr.
Lir-,dsey and passed unanimous]y.
Should you have any furthe~~ questions, please feel free to
contact me r"egarding th'i.s matter-.
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 AND 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 AND 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
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.
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:
Section 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.- GENERAL PROVISIONS
Sec. 10-1.1. Title.
known ~hd may
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
En%~'~'tainment Code Sh~ll be liberally
construed %o 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
singular number shall include the plural
number, unless the context suggests otherwise.
Sec. 10-3. Purpose. The intent of the City
council of the cit~ 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.
Sec. 10-4. Findings of Fact. Based upon
~vldence and ~estimony presented at public
hearings before the City Council of the City
of Sebastian, and on the findings incorporated
in the United States Attorney General's
Commission on Pornography (1986), and "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.
(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
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.
~ainment Code, u~ess
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 otherS'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 paraphernaliawhich 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" means the Adult Entertainment
Code.
(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)
premises,
"Establishment" means a site or
or portion thereof, upon which
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:
region; or
(A)
(B)
buttocks; or
human genitals or pubic
cleavage of the human
(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.
Code;
(w)
"Specified criminal act" means:
(1) A criminal violation of this
(2) Any felony;
(3) An offense under Chapter 794,
Florida Statutes (Sexual Battery);
11
(4) An offense under Chapter 796,
Florida Statutes (Prostitution);
(5) An offense under Chapter 800,
Florida Statutes (Lewdness; Indecent
Exposure);
(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 erotic
touching of human genitals, pubic region,
buttock, anus or female breast; or
(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. Regulation of Obscenity Subject to
Stat~ Law. It kS no~ the in£ent of the City
Council {o legislate with respect to matters
of obscenity. These matters are regulated by
state law, including Chapter 847, Florida
Statutes.
Sec. 10-7. Regulation of Massage Establish-
ments. Subject to State Law. It is not the
inten~ 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
%his 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,
F--~-~nS~ Department, .P6i'iCe Department and
community Development Department. Ultimate
~esponsibility fo~ 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
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; Classi~lcati~n Of.
(a) Requirement. No adult entertain-
ment estab~ishmen~ ~hall be permitted to
operate without having been first granted an
adult entertainment license by the Finance
Department under this Code.
(b) Classifications. 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) S~ngle Classification of License.
An adult entertainment license "for a
particular adult entertainment establishment
shall be limited to one classification of
license.
Sec. 10-11. Application Required for Adult
Entertainment License; Contents of; Applica
tion Fee; 'R~Je~tion of 'incomPlete Applica
~ion; Consent by Applicant.
(a) Required. Any person desiring to
adult entertainment establishment
operate an
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 appli6ation 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) %he 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)
applicant; @and
a recent photograph of the
(10) either the applicant's
driver's license number or his state or
federally-issued identification card number.
(c) Application 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~ode, 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
summariz~d 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 %he 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; Denial; Appeal.
(a) Time Period for Granting or Denying
License. ~e ~inance Departm'~n% shall gran{
6r '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) Grantin~ of Application for License.
If all de~ar'{ments approve.the applicat'i°n'
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-ii(c).
(c) D~en¥1ng 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-ii(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; RenewaI~; Expiration; Cancellation.
(a) Contents. An adult entertainment
license sha~e 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 expiration.
(b) Term. All licenses issued under
this Code,---~cept 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 N°v~mbe~ 30 shall be cancelled
summarily by the Finance Department.
Sec. 10-15. Annual License Fees; Levy of;
Reguiato'ry in ~ature.
(a) Levy of License Fees. There are
hereby levied {he "f°lfowing 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
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 Regulatory.. in
Nature. The annual license fees collected
un---~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.
Sec. 10-16.
Licensee.
Records and Reports; 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) Consent. 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) Requirements for Transfer. A
licensee shall not t'~ans'fer '"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-
ii(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,
29.
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 trahsfer 0~
a license el{her 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 Building, Fire,
Health, or ~oning §tatute, COde, Ordinance or
RegUlation. In th~ eveh{ a dep'~tment learns
or fin---d~ 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) Ii!~91 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 ~ode.
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 Suspension. Ail
periods of suspeh'sion 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 for%h-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, t~e licensee s~ll 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) Effective Date of Revocation. The
revocation s~ll 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 III. EMPLOYEE PROVISIONS
Sec. 10-20. Records for Employees.
(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..~gquirements. 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
t-~ 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 Dancing 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. Operation of~ Establishment
Without Valid Adult Entertainmeh~ LidehS~. ~t
shall b~ 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. 10-26. Allowing Employeeto Engage in
Prohibited Acts. It shall be unlawful for an
operator of an adult entertainment establish-
ment, regardless of whether it is licensed
30
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) %o 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. Advertising 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 Signs. It shall be
UnlaWful for any opera~or 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
unla~'ful 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 Beverage~ Prohibited.
It 'shall be unlawful for an opera~6~ 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. Working at Establishment Which
Does ~ Have Valid Ad6i~' Entertainment
License. It shell"be unlawful for any person
to ~6t 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 Required.
~ Shall be unia~ful ~6 be an operator of an
32
adult entertainment establishment, regardless
of whether it is licensed under this Code, at
which the records of employxees 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 covered, 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 Dressinq
Rooms. Notwiths%ahding any provision
in--~ating to the contrary, it shall not be
unlawful for any employee of an adult enter-
tainment esta]blishment, 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. Hours 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.
Sec. 10-38. Alteration of License or Permit.
It ~hall be UnlAwful for any person Go alt~r
or otherwise change the contents of an adult
entertainment license.
Sec. 10-39. False Statement or False
Informatio~ in Applying fo~ License. it Shall
be u~law~ul 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
Ci~ of sebas~ian~ The city ~ouncil may bring
Suit in t~e Circuit Court to restrain, enjoin
or otherwise prevent the violation of this
Code.
Sec. 10-42. Effective Date. This Code shall
~'~ke 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
· 1991.
CITY OF SEBASTIAN, FLORIDA
By:
W.E. Conyers, Mayor
36
ATTEST:
~ath~yn 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 , 1991,
and that following said public--ring this Ordinance was passed
by the City Council.
K~thryn M. O'Hall0ran,
CMC/AAE, City Clerk
Approved as to Form and Content:
C~ha~les 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 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, 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~tatement
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 ~~/~_ , 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
WHEREAS, this Ordinance regulates uses within less than five
percent (5%) of the total land area of the City of Sebastian; and
WHEREAS, 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
WHEREAS, 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
establ£shmenfs, b~rs and lounges, drive-
through facilities, farmers market, funeral
homes, hotels and motels, indoor theaters
(other than adult theaters) and other enclosg~
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 Zoning Districts: Adult
entertainment establishments sh~ll be
permitted as a conditional use within the
following zoning districts: CG.
b. Conditional Use Criteria:
(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 wik%
effectuate the same purpose as a sign(s). All
windows, doors and other apertures shall be
blacked or otherwise obstructed so as
prevent viewing of the interior of the
establishment from without.
(6)
applicable
ordinances.
The use shall comply with all
state and local codes and
(7) Necessary measures shall be
taken to ensure that the operation of the
facility will not disturb adjacent property
3
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
s~lls 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, fil~s, 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 est--=
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.
4
Adult Dancing .Establishment means
est~blishment' where any empl0ye~:
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,
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.
Adult Entertainment Establishment means an
ad61t"theater, an ~dult' book'fore', 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
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,
~Sed' 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
5
activities or specified anatomical areas (as
defined in sections 10-5(t) 'and (v) of the
code of Ordinances of the City of Sebastian).
Adult Theater means an establishment which,
except' as ~et' 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. All 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
0rdinance 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 7. EFFECTIVE DATE. This Ordinance shall become
effective immediately upon its adoption.
The foregoing Ordinance was moved for adoption by Councilman
The motion wa~ 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 Lonni~ 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
~th~yn M. O,H~llo~an,
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)1. of Florida Statutes, that a public hearing
was held on this Ordinance at 7:00 p.m. on the day of
7
, 1991, and that following the public hearing
~dinance was passed by the City Council.
~a%hryn M. OIRa~loran,
CMC/AAE, City Clerk
Approved as to Form and Content:
~haries Ian Nash,
City Attorney
8
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
SUBJECT: Bond Counsel for
Golf Course Revenue Bond
Refunding, series 1985
Approved for Submittal By:
City Manager
MEMO
) Agenda No. ql~0¢
)
) Dept. Origin Finance (MLH)
)
) Date Submitted 11/07/91
)
) For Agenda of 11/13/91
)
) Exhibits: Letter from proposing
) counsel.
)
)
Expenditure Amount
Required: Budgeted: N/A
$18,500
SUMMARY STATEMENT
Refunding golf course revenue bonds series 1985 produces substantial annual savings of interest,
and as an alternate, will produce significant cash returns that can be used to enhance the golf course
or other capital projects. Refunding will require the assistance of bond counsel (lawyers), and an
underwriting firm. We are currently interviewing several underwriting firms, but have completed
the selection process for bond counsel.
Our auditors have referred us several reputable law firms specializing in bond counsel servi~s.
The fees ranged from $16,000 plus out of pocket expenses to a minimum fee of $40,000. Nabors,
Giblin & Nickerson,P.A. proposed their fee at $16,000 plus out of pocket expenses not to exceed
$2,500. After review of the resumes of the three top firms, we have selected Nabors, Giblin &
Nickerson, P.A. as one of the best qualified and most cost effective of the firms reviewed.
RECOMMENDED ACTION
Approve Nabors, Giblin & Nickerson, P.A. as bond counsel to represent the City in the Refunding
of the Golf Course Revenue Bonds, series 1985.
BARAH M. BLr--AKLEY
THOMAS H. DUFF'Y
L, THOMAS GIBLIN
MARK G. LAW~ON
MARK T. MUSTIAN
ROBERT L. NABORS
GEORGE H. NICKERSON.
~RE~ORY T. ~TEWART
~OHN R. ~TOKE~
NABORS, GiBLIN & NICKER$ON, P.A.
ATTORNF"y'=, AT LAW
BARNETT BANK BUILDING, SUITE
315 SOUTH CALHOUN STREET
TALI. AHAS ~. EE, FLORIDA
TELEPHONE (~04)
TELECOPY (~04) 224-4073
September 25, 1991
THE POINTE, E~UITE 1060
2B02 ROCKY POINT DRIVE
TAMPA, FLORIDA 33607
TELECOPY {813) 281 - 01;:'9
Larry Napier
Assistant Finance Director
City of Sebastian, Florida
P.O. Box 780127
Sebastian, Florida 32978
Dear Mr. Napier:
Pursuant to our conversation, we are providing this letter
with respect to our serving as bond counsel for the City's upcoming
refunding of its existing golf course revenue bonds and the
issuance of additional bonds. Our proposed fee for serving as bond
counsel for such issue is $16,000, plus our out-of-pocket expenses
for photocopying, travel, long distance telephone and courier
service, such expenses not to exceed $2,500.
Please feel free to call if I may be of any further
assistance.
Us r~y/~u l~.y ,~. r s ,.//
MTM/tlr
City of Sebastian
POST OFFICE l~OX 7~0t~7 ~ 8~I~AgTIAN, FLOFiIDA ~297B
TELlePHONE (407) 589-5330 n FAX (407) 589-5570
~UI~JECT !
Tr'affic Cir"culation
Study Awapd ef
DepE. Orlgtn
For Agenda O~ 1,1-I~.--9~
~xhtbl ~u ~
Contr'act
Document,~ for
Mayer' Signatur'e ,,
:I.':4.9 ,~ 800.
(County £)~'t~or, Gas Tax)
SUI~4~Y 8TATEHEHT
staff has completed r~egot.i, ations ~:i,'t"h Kim!ey 14ot~n and
Associates,: Inc. fop the Tpaffic. CiF'c:u]atic~n Study for"
the' City of Sebastian. The Tr-aff:i.c C'i.r'cL~latior'~ F'lan k~il]
develop a major" thorough4ar'e Plan ~.'tJ'"~ t:i. me al !ott. e)c!
the study and techr'~icai suppor't o~ the County Road 512
"TwiF~ paiF's' iSSUe, The City Art. or'ney ha~- r',evie~ed the
cor'~tr*act documents and ~ound them acc:eptab]e and r"eady
fop execuation. The pr'oposed lump sum ~ee o~ ¢:49,~800 is
within the $50~000 budgeted for-this study in the coLsnty
OptiC)Fi ~i:;a~ T~:/:.( FLu'Id. 'Fhi~ afnoLt~t is *khe
negoti"atior~s in ~r"itin~; the "Scope of Ser-vices"~
deter'minir'~e ppiol"'itie~ and pev:i.e~ine the
o.f 'bhe c:onsu]tant to pr'epare the r-epor't.
Move t.o authomize and direct the Mayor' and C:Lty Clef'.. to
e;.-'.ecut'e the coni:r-act with Kiml'ey 1-4or'r'~ and Ass.~(::)c'i..-'.~tes ~
Inc~ for" a Tr'aff'i.c Cipculation Study,
Kimley-Horn and Associates, Inc.
ENGINEERS · PLANNERS ~, SURVEYORS
Barnett Bank Building, 601-21st Street, Suite 400, Veto Beach, Florida 32960 407 562-7981 Facsimile 407 562-9689
September 19, 1991
9.50.15
Mr. Daniel C. Eckis, P.E.
City Engineer
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32958
Dear Mr. Eckis:
Kimley-Horn and Associates, Inc. is pleased to provide this proposal to provide professional transportation
engineering services for the City of Sebastian, Florida. The basic Scope of work is designed to address the
issues raised in your Comprehensive Plan in providing a Master Transportation Plan. We have also identified
a number of related tasks which the City may desire to include in this Study.
Our proposed scope of services, schedule and fee follow.
SCOPE OF SERVICES
Task 1 - Inventory_
In order to maximize the use of existing data, therefore minimi?ing additional traffic count needs, an
assessment of available traffic data will be performed. For the intersections identified in Table 1, the
Engineer will assemble and review available turning movement counts.
Available link data will be compiled, and a determination will be made by the Engineer, in consultation with_
City staff, as to additional link volume counts required to effectively analyze the City's transportation system. -
Up to seven (7) one day machine traffic counts will be collected to supplement available data.
Charlotte * Dallas * Fort Lauderdale · Fort Myers *, Las Vegas * Orange * Orlando · Phoenix
Raleigh · San Diego * Stuart ~, Tampa · Vero Beach * Virginia Beach * West Palm Beach
6 u lid i n g client relationships since 1967
Mr. Daniel C. Eckis
September 19, 1991
TABLE 1
STUDY INTER~ONS
CR 512 at Roseland Avenue (CR 505)
CR 512 at Barber Street
CR 512 at Wimbrow Drive
CR 512 at Easy Street
CR 512 at Vocelle Avenue
CR 512 at Louisiana Avenue
CR 512 at Wimbrow Drive East
CR 512 at US 1
Schumann Drive at US 1
Schumann Drive at Barber Street
CR 505 at Vocelle Avenue
Vocelle Avenue at Fleming Street
CR 505 at Cn'bson Street
Main Street at US 1
The City will provide copies of the most recent, uncontrolled aerial photography of the project area.
The Engineer will review and incorporate available 2010 land use data into the transportation demand
computer model, FSUTMS for indian River County outside of Sebastian. If currently available, the
consultant will also obtain "build-out" zonal data for this area. The City will provide City land use data to
be used in the' transportation demand modelling:
Single-Family Dwelling Units, Population, Vacancies, Percent by 0, 1, and 2+
Autos.
Multi-Family Dwelling Units, Population, Vacancies, Percent by 0, 1, and 2+
Autos.
Hotel/Motel Rooms, Occupancies --
Commercial Employees
Service Employees
industrial Employees
Student Population
Average Income.
The Engineer will conduct a workshop meeting with members of the City Staff, and other officials for the
purpose of identifying specific operational concerns to be addressed in the study. After a review of available
data, and input from the workshop, the Engineer will conduct a field review of the study area roadways.
Mr. Daniel C. Eckis
September 19, 1991
Task 2 - Service Volumes and Level of Selvice
The existing and long-range transportation network identified in the City's adopted Comprehensive Plan will
be evaluated. Using methodologies identified in the Florida's Highway System Plan, published by the Florida
Department of Transportation, the service volumes for the City's major street system will be defined using
the FDOT generalized Level of Service tables. The analysis will identify existing service volumes and
projected service volumes consistent with the Future Traffic Circulation System of the Traffic Circulation
Element.
Existing Levels of Service will be evaluated based on the identified sendce volumes. Projected volumes
generated in Task 4 will be utilized to compute Levels of Service for the year 2010.
A circulation map will be provided, displaying the following data for arterials, collectors, and major local
streets:
Current Traffic Volumes
Functional Classification
Current Levels of Service
These data will also be tabulated. The Table will include these dates plus count data and available capacity
at the adopted Levels of Service.
Task 3 - Forecast Demands
The Engineer will refine and further define the zonal structure of the existing Indian River County FSUTMS
model. Socio-economic data obtained from the City/County will be reviewed and used to update the existing
FSUTMS model. --
1. Workshop:
A workshop session will be held between the Engineer and the City to:
Ascertain the reasonableness of the 2010 traffic volumes as currently modeled.
Define further the traffic zonal structure used in the current FSUTMS model.
Determine the extent of the zonal modifications so the City can segregate the socio-
economic data accordingly.
2. Model Run
Upon receipt of the refined zonal data from the City, the refined model will be run and
subsequently used to forecast 2010 and "build-out" link volumes for the base network described
in Task 4.
Mr. Daniel C. Eckis
I Kimley'HOrn ,J
-4- September 19, 1991
T~k 4- Thorough, fare Network Devolomnent
The transportation network model as refined in Task 3, the Future Land Use Map, social and environmental
data, and all relevant assembled data, will be used by the Engineer to generate up to three (3) alternative
thoroughfare networks, including the initial full network alternative. The initial alternative network will
consider potential local road improvements outlined in Table II-3 of the Traffic Circulation Element of the
City's Comprehensive Plan.
The other two alternative networks will be developed with emphasis on the following items, which may
influence specific recommended improvement utilization:
1. Socioeconomic Features - Public and Private Development
2. Natural Features - Significant Features Which Could Be Impacted by the Project
3. Compatibility with Future Land Use
4. Implementation Costs
5. Maintenance of Adopted Level of Service Standards
Prior to testing of alternatives, the Engineer will review the results of the initial 2010 network test and the
build-out run with City staff. The Engineer will identify potential links to be added or deleted for subsequent
2010 alternative network tests. The 2010 alternatives will be selected jointly by the Engineer and City staff.
The "build-out" run is being provided as a guide to identify ultimate network needs to allow effective
evaluation of the 2010 roadway network and help assure consistency with the long-term transportation system.
Task 5 - Implementation Plan
Recommend Final Network/Sta~ing
Subsequent to the review meeting in Task 4, the Engineer will recommend a preferred thoroughfare
network to the City. Each of the recommended new facilities and/or improvements will be described.
The functional classification of the new facilities as well as the existing network will be d~termined-
and/or reevaluated to seek an efficient operating street networL The Engineer will prepare a map'
showing the recommended thoroughfare network. The map will identify the functional classification
and the projected Level of Service for each link in the network. The Engineer will prepare a schedule
showing when each of the improvements should be implemented based on straight line traffic growth
projections between 1990 and 2010.
Bo
Pedestrian/Bi, cie Considerations
The Engineer will develop recommendations to include in the implementation plan that address the
method in which bicycle and pedestrians should be accommodated on various roadways within the
City. Also considered will be the geographic locations of facilities and the potential for bicycle and
pedestrian aetMty.
I Kimley. Horn I
Mr. Daniel C. Eckis
September 19, 1991
Define lmorovement Costs
Projected costs for identified improvements will be provided by the City.
Funding
The City will identify expected revenue from motor fuel taxes and county impact fees.
Task 6 - Final Retort
A summary final report will be prepared The report will summarize project analyses and recommendations.
Ten copies of a draft report will be prepared for review by the City. Twenty copies of the final report will
be provided.
Task 7 - Public Involvement Program
The Engineer will assist the City in a public involvement program which will be initiated after receipt of the
Notice to Proceed and will continue throughout the duration of the project. Three public workshops will be
held with City Council.
A public involvement workshop will be held during Task 1, following the Staff/Agency Workshop. The
purpose of this public workshop will be to inform the residents of Sebastian of the objectives of the study and
to identify any specific areas of concern that residents desire to bring to the consultant's attention.
A second workshop will be held with City residents after alternatives have been tested to report the results
of the alternative evaluation and to gain citizen input before a final transportation network is recommended.
Once the transportation plan has been completed in draft form, a third workshop will be held to inform-
residents of the staging of improvements and the potential cost implications of implementing the
transportation plan. Comments received at this workshop will be reflected in the draft final report.
All meetings will be held at City Hall. The City will schedule and provide notice for all meetings. The City
will provide a summary of the comments received at the meetings.
IKimley. Horn I
Mr. Daniel C. Eckis
September 19, 1991
Task 8 - Future Traffic Counting Program
The Engineer will provide consultation to the City Engineer and recommend an ongoing traffic counting
program. The long-range transportation analysis will identify those roads that have the potential for requiring
improvement. Only those roads will be identified for periodic traffic counting. The Engineer will provide
guidance on the frequency with which these counts need to be performed based on existing volumes and
projected growth rates for each facility. Data on potential cost of acquiring traffic count equipment for
conducting the counts in-house versus using outside contractors will be provided.
Task 9 - CR 512 Consultation
The Engineer will review work undertaken to date on CR 512 and provide technical guidance to the City
Engineer on definition of short-term and long-term traffic needs. Consultation will be provided on geometric
considerations for alternative improvements. Up to three (3) man-days of consultation will be provided in
this task
Task 10 - Additional Services
The Engineer will provide additional services, not included in Tasks 1 through 9 as requested and authorized
in writing by the city.
Mr. Daniel C. Eelds
-7-
September 19, 1991
SCHED~
The Engineer will complete Tasks 1 through 9 within five (5) months from receipt of Notice To Proceed.
This schedule assumes that land use data will be provided by the City within two (2) weeks of request by the
Engineer.
The Engineer will accomplish the services outline in Tasks 1 through 9 for the lump sum fee of $49,800. Fees
for additional services as may be requested by the City will be conducted on a lump sum basis, the fees for
which will be agreed upon prior to the City's authorization of the task. Fees are payable on a monthly basis,
with billing based upon the percentage complete. Billing will be due and payable within 25 days.
(This space not used).
Mr. Daniel C. Eckis
-8-
September 19, 1991
CLOSURE
In addition to the matters set forth herein, our Agreement shall include, and shall be subject to, the Standard
Provisions attached hereto and hereby incorporated herein. The term "the Client", as used in the attached
Standard Provisions, shall refer to the City of Sebastian, Florida.
If you concur in the foregoing and wish to direct ns to proceed with the aforementioned services, please
execute the enclosed copy of this letter agreement in the space provided and return the same to the
undersigned. Fees and times mated in this Agreement are valid for sixty (60) days after the'date of
agreement by Engineer.
We appreciate this opportunity to submit a proposal. Please contact me if you have any questions.
SGCc. rh
Attachment: Standard Provisions
Agreed to this ~ day of ~ 1991.
City of Sebastian, Florida
By:
Title:
Witness:
Very truly yours,
St~enEi-HORN AND ASSOCiATES, INC.
Principal
mkt03~sebastia, rs
KIMLEY-HORN AND ASSOCIATES, INC.
STANDARD PROVISIONS
(l) Scope of Services The undertaking of the Engineer to perform professional services under this Agreement extends only
to those services specifically described herein. However, if requested by the Client and agreed to by the Engineer, the
Engineer will perform additional services ("Additional Services") hereunder and shall be compensated therefor az set forth
below. In addition, the Engineer is authorised to perform Additional Services for which the Engineer will be similarly
compensated for those services arising due to emergencies, errors or other unanticipated actions by the Client's contractor(s),
revised regulations governing the Engineer's services, and when, in the Engineer's opinion, Additional Services are advisable aa
a result of other factors required by other authorities and such Additional Services are clearly in the Client's interest and
advance authorization cannot be obtained. In the event of the performance of such Additional Services, the Engineer will
notify the Client az soon az practical of the necessity and inception of the services.
(2) Client's Responsibilities In addition to any responsibilities specifically described herein, the Client shall have the
following responsibilities to the Engineer:
(a) Designate in writing a person to act az his representative with respect to this Agreement, such person having complete
authority to transmit instructions, receive information, and make or interpret the Client's decisions.
(b) Provide all information and criteria aa to the Client's requirements, objectives, and expectations for the project. These
data shall include all numerical criteria that are to be met and all standards of development, design, or construction that are
to be followed.
(c) Provide to the Engineer all previous studies, plans, or other documents pertaining to the project and all new data
reasonably necessary, in the Engineer's opinion, such as site survey and engineering data, environmental impact assessments or
statements, zoning or other land use regulations, etc., upon all of which the Engineer may rely.
(d) Arrange for access to the site and other private or public property a~ required for the Engineer to provide the services
under this Agreement.
(e) Review all documents or verbal reports presented by the Engineer and render in writing decisions pertaining thereto
within a reasonable time so az not to delay the services of the Engineer.
(f) Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and
consents from other parties az may be necessary' for completion of the Engineer's services.
(g) Provide such independent accounting, legal, insurance, cost estimating, and overall feasibility services beyond the scope of
this Agreement aa the Client may require or the Engineer may reasonably request with regard to the professional fields listed
above.
(h) Give prompt written notice to the Engineer whenever the Client becomes aware of any development that affects the scope
and timing of the Engineer's services or any defect or noncompliance in any aspect of the project.
(i) Bear all costs incident to the responsibilities of the Client.
(3) Period of Services Unless otherwise provided herein, the Engineer will begin work promptly after receipt of a fully
executed copy of this Agreement and, unless specified otherwise herein, shall complete the services within a reasonable length
of time. The provisions of this section and the compensation to the Engineer included in this Agreement have been agreed to
in anticipation of a continuous and orderly progress through the completion of the Engineer's services.
(a) Times for performance agreed to herein shall be extended to the extent necessary for delays due to natural disasters,
strikes, or other circumstances over which the Engineer does not have control.
CD141-Dl.wp (05/90) 1
(b) If the Engineer's services are delayed or suspended in whole or in part, the times of performance shall be extended to
the extent of such delay or suspension; such suspension shall not terminate this Agreement unless the Engineer elects to
terminate by written notice in accordance with other provisions of this Agreement. If such delay or suspension extends for
more than six months (cummulatively) for rea~,ons beyond the Engineer's control, the various rates of compensation provided
for elsewhere in this Agreement shall be subject to renegotiation.
(4} Compensation for Services Unless specifically agreed to herein, the following standard provisions ~ to compensation
amounts shall be applicable.
(a) The ]~ngineer shall be compensated for the services specifically described in accordance herewith.
(b) If the Engineer. performs Additional Services, the Client shall pay the Engineer for the performance of those Services an
amount (in addition to all other amounts payable under this Agreement) b~,ed upon the Engineer's current hourly rates for the
actual time spent by the Engineer in providing such Additional Services plus an amount to cover certain direct expenses for
the project which would include in-house duplicating, facsimile, local mileage, telephone, postage, in-house blueprinting and
word processing. In addition, other direct expenses will be billed at 1.15 times costs. Technical use of computer~ for
analysis, design graphics, etc., will be billed at $25.00 per hour.
(c) In addition to amounts payable by the Client to the Engineer hereunderp the Client shall be invoiced for and shall pay
to the Engineer in accordance with paragraph (5) all taxes, if any, whether state, local, or federal, levied with respect to such
amounts,
(5) Payments for Services Compensation shall be paid to the Engineer in accordance with the following provisions:
(a) Invoices will be submitted by the Engineer to the Client monthly for services performed and expenses incurred pursuant
to this Agreement during the prior month. Payment of each such invoice will be due within twenty-five (25) days of the
receipt thereof. A service charge will be added to delinquent ~ccounts at the m~ximum rate allowed by law for each month of
delinquency.
(b) If the Client fails to make any payment due the Engineer for services and expenses within thirty (30) days after the
Engineer's transmittal of its invoice therefor, the Engineer may, after giving seven (7) days' written notice to the Clientp
suspend services under this Agreement until all amounts due hereunder are paid in full.
the Engineer may initiate legal proceedings to collect the ~~a_mount_s _due and p~yable
including accrued interest, its ~ng.. $.uch.expe. nse~ shall
include, but shall not ' ' · cost, determined at the Engineer's normal hourly billing rates, of the time devoted to
(d) The Client acknowledges ~d agrees that the payment for services rendered and expenses incurred by the Engineer
pursuant to this Agreement is not subject to any contingency or conditions unless expressly set forth in th~s Agreement.
(6) Reuse of Documents All documents, including but not limited to drawing, specifications and data or programs stored
electronically, prepared by the Engineer pursuant to this Agreement are related exclusively to the services described herein.
They are not intended or represented to be suitable for reuse by the Client or other~ on extensions of this project or on any
other project. Azty reuse without written verification or ~laptation by the Engineer to specific purposes intended will be at
the Client's sole risk and without liability or legal exposure to the Engineer; ~nd the Client shall indemnifY and hold the
Engineer harmless from all clain~, damages, losses ~nd expenses, including but not limited to attorneys' fees, axlsing out of or
resulting therefrom. Any such verification or ~daptation will entitle the Engineer to further compensation at rates to be
agreed upon by the Client and the Engineer.
CD14I-Di.wp (05/90) 2
(7) Termination The obligation to provide further services under this Agreement may be terminated by either party upon
seven (7) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms
hereof through no fault of the terminating party. In the event of any termination, the Engineer will be paid for all services
rendered to the date of termination, all expenses subject to reimbursement hereunder, and other reasonable expenses incurred
by the Engineer az a result of such termination. In the event the Engineer's compensation under this Agreement is a fixed
fee, upon such termination the amount payable to the Engineer for services rendered will be a proportional amount of the
total fee based on the ratio of the amount of the work done, az reasonably determined by the Engineer, to the total amount
of services which was to have been performed, less prior partial payments, if any, which have been made.
(8) Liability The Engineer is protected by Worken' Compensation Insurance (and/or employer's liability insurance),
professional liability insurance, and by public liability insurance for bodily injury and property damage and will furnish
certificates of insurance upon request. The Engineer agrees to hold the Client harmless from loss, dam-,ge, injury, or liability
arising dlrect]y from and to the extent of the negligent acts or omissions of the Engineer, its employees, agents,
subcontractors and their employees and agents but only to the extent that the same is actually covered and paid under the
foregoing policies of insurance. If the Client specifically directs the Engineer to obtain increased insurance coverage, or if
the nature of the Engineer's activities requires additional Workers' Compensation or similar insurance coverage, the Engineer
will take out such additional insurance, if obtainable, at the Client's expense.
(9) Standard of Care In performing its professional services hereunder, the Engineer will use that degree of care and
skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing at this time in the
same or similar locality. No other warranty, express or implied, is made or intended by the Engineer's undertaking herein or
the Engineer on account of any and al~ defects, errors, omissions, or professional negligence t~he ~~actu~lly paid in~
compensation for, or with re'peet to, such liability, claim, cost, or expense under an~..~or policies of professional
liability insurance maintained by the Engineer. Further, the Client agrees ~o no~if~ontr~tor or subcontractor who may
perform work in connection with any design, report, or study pr~p~red?~E~.~Enginee~on for defects, errors,
omi..ion~, or profes.ionM negligence, .nd require ~ . ~~orm~nc~ of .uch -ork
limitation of liability provision ~ t~~n~er ha~l~s for
liability related to error,
liability of the
p~i
for e costs or other consequences due to changed conditions or for costs related to the failure of the contractor or
against the Engineer by th~ Client, its contractor~, or subcontractors~ e~ with the entry of ~ final
judgment favorable t ' er
expenses related to .... uch expenses shall include~ but shall not be limited to, the cost, determined at the
arising out of this Agreement or the breach thereof shall be decided by binding arbitrati, on~e with the
Construction Industry Rules of the American Arbitration Association then obtaining~s retion of the Engineer.
Notice of demand for arbitration must be filed in writing with ~nt. and wit. h .the American
Arbitration Association no later than that date wh~t~or equitable proceedings based on such claim, dispute,
or other matter in question would b~~tration proceedin~
shall include by consol d
arbltratio d
to includ other issue. The restrictions of the previous sentence as to parties to and issues of the arbitration
CD141-DI.wp (05/90) 3
(12) Assignment and Subcontracting NothingunderthisAgreementshallbeconstruedtogiveanyrightsorbenefitsinthis
Agreement to ,~nyone other than the Client and the Engineer, and all duties and responsibilities undertaken pursuant to this
Agreement will b~ for the sole and exclusive benefit of the Client and the Engineer and not for the benefit of any other
party, Neither the Client nor the Engineer shall azslgn, sublet, or transfer any rights under or interests in this Agreement
without the written consent of the other. However, nothing contained herein shall prevent or restrict the Engineer from
employing independent professional a~soclates or consultants az the Engineer may deem appropriate to a~sist in the
performance of services hereunder.
(13) Confidentiality The Client hereby consents to the use and dissemination by the Engineer of photographs of the
Project and to the use by the Engineer of facts, data and information obtained by the Engineer in the routine performance of
the services hereunder. Notwithstanding the foregoing, with respect to any facts, data or information specifically identified in
writing by the Client, the Engineer shall use reasonable care to maintain the confidentiality of such identified material.
(14) Contiolli.ng La.w This Agreement is to be ggv. erned by the !aw of the. State of F~rida. The parr ie.s. hereto
agree that t~e vgn~ue for any action, ~tp zgce~rpre~ qr~znr.o, rce~any.~rov~s~on or
this a~reement sRa£1 be brought ana l~e zn nrevara oouncy~ ~'£or~a.
(is) Binding 'Effect This Agreement shall bind, and the benefits thereof shall inure to the respective parties hereto, their
legal representatives, executors, administrators, successor~ and a~signs.
(16} Merger; Amendment This Agreement constitutes the entire Agreement between the Engineer and the Client, and
negotiatlons, written, and oral under~tandino between the parties are merged herein. This Agreement can be supplemented
and/or amended only by a written document executed by both the Engineer and the Client.
(17) Severability and Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without
invalidating the remaining provisions hereof or affecting the validity or enforceability of such provision in any other
jurisdiction~ Also, the non;enforcement of any provision by either party shall not constitute a waiver of that provision nor
shall it affect the enforceability of that provision or of the remainder of this Agreement.
Engineer shall pay the Client the amount f · transmittal to the Engineer of a signed
CD141-Dl.wp (05/90) 4
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
Waiver of Bidding
Procedure for Computer
Systems and Software
) Extd its:
)
)
)
F L,'ance ( )
11/07/91
11/13/91
hardware and software;
Auditors letter of
system review.
EXP~DIRTE~
1~: $ 75,535.00
$87,320.00
The capital improvements fund has appropriations of $87,320 for the purchase of a
new computer system to include all hardware, and systems and operations software.
The system should be state of the art and capable of expansion to a~te
increased demand as the city grows. The system should be available to all
departments wishing to utilize it, although additional terminals, wiring, and
software to acc~ut~date those needs are not covered in this appropria_t_ion. The
hardware vendor should be national in scope to insure continuing maintenance and
serviceability beyond the expected useful life of th& systems. The software
should be responsive to the current needs of the city, improve productivity, and
avail modules for utility billings at the appropriate time. The software vendor
should be a national vendor in the governmental market to insure continuing
innovation and support of the software, and should resolve all reported audit
deficiencies in data processing and financial reporting controls.
The attached exhibits describe the systems as reo~u~nded to include IBM hardware
and Mentor operations software. Both of these vendors are covered under GSA
pricing terms and are sufficiently unique in their configurations to be
considered sole source. Of the original budget figure of $87,320, $11,785 has
been allocated to purc.ha~qe srmle of the components of this configuration.
PAGE 2
The balance of the unexpired budget for this purchase is $75,535. Pursuant to
city Code Section 2-64 (j), "The city Council may waive or modify the bidding
procedure on specific contracts for good cause".
Grant a waiver of bidding procedure and authorize the purchase of the computer
hardware, systsm~ and operations software as specified above.
EXeUnT i
File Server:
IBM RS/6000 Model 530H
1.2 Gigat~ SCSI Disk Drive
(2) 16 Port Async Adapters
(2) 16 Port Cable A~{ EIA232
3~B M~mory Select Option
SCSI High Performance Int/Ext I/O
150MB External 1/4" Tape Drive
AIX Operatir~ Syste~ 1-32 Users
Peripherals:
(1) Park3snic 270 20MB Hard Drive
(7) I~M 315 / Dual Sess.Mon. Terminals
(1) I~M 4226 / 533 CPS/Dot Matrix Printer
(1) Hayes 2400 Baud Modem
Miscellaneous
Uniplex II Plus office Automation
Municipal Accounting;
Commar~ Module
Report Writer
Accounting Manager
Project Accounting Sub System
Payroll Accountant
Purchas~ Agent
Asset Manager
Materials Manager (Inventory)
Vehicle Manager
$ 23,940
6,080
2,204
1,207
--0--
947
1,573
5,355
$ 41,306
$ 1,700
3,850
1,606
350
673
$ 8,179
$ 49.485
$ 2,800
4,500
1,250
5,500
2,500
2,500
1,250
1,750
2,000
2,000
$ 26.050
$ 75,535
- HOYMAN, DOBSON & COMPANY, P.A.
CERTIFIED PUBLIC ACCOUNTANTS
6767 North Wickham Rd., Suite 500, Melbourne, Florida 32940 (407) 255-0088 Fax (407) 259-8648
Charles W. Hoyman, Jr.
'Roger W. Dobson
Barbara j. Oswalt
Eugene K. Bjerning
Thomas L. Kirk
Karen E. Kirkland
November 6, 1991
Mr. Michael Hudkins, CPA
Finance Director
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978
Dear Mr. Hudkins:
OBJECTIVE
As requested by_ the City Council, we have reviewed the Mentor Systems, In¢.'s accounting
software for governmental entities. The objectives of our review were to:
Determine if the Mentor. software will meet the identified accounting reqUirements for
the City of Sebastian.
Determine if the Mentor software will answer prior year audit deficiencies regarding the
integrity of.computer processed accounting data.
SCOPE
We reviewed the Mentor software to determine if it meets the City's objectives.
We performed our work in accordance with the Statements on Standards for Management
Advisory Services set forth by the American Institute of Certified Public Accountants.
PROCEDURES AND ANALYSIS
We interviewed Mentor staff and obtained user manuals for Mentor's budgetary
accounting general system and payroll applications.
We obtained information necessary to evaluate the Mentor software from the
International City Manager's Association (ICMA) Software Selection Guide, the
American Institute of Certified Public Accountants (AICPA) and the Governmental
Finance Officers Association (GFOA).
American Institute of Certified Public Accountants · Florida Institute of Certified Public Accountants
Private Companies Practice Section of the A.I.C.P.A. ~. Accounting Firms Associated., Inc.
City of. Sebastian
Page Two
® We attended vendor demonstrations to gain an understanding of the software applications.
· We reviewed vendor documentation and evaluated user manuals.
We utilized various checklists of the AICPA to evaluate the vendor, the software
documentation and various accounting application functions.
We selected eight' current governmental and "not-for-profit" entities in Florida which are
presently using Mentor systems (attached EXHIBIT A).
We conducted a telephone survey of these users to determine their assessment of the
systems' ability in practice to meet 'their needs, the degree of vendor customer support,
including timeliness of customer support, and finally, if they would purchase the Mentor
system again. The results are tabulated at-EXHIBIT A. The comments are information
provided in response to our queries about customer support, and are in addition to
technical responses.
We researched and evaluated information obtained in the steps outlined above and, in
addition, drew on' our experience with similar clients.
We determined that Mentor software has numerous hardware configurations that will
provide the City of Sebastian substantial flexibility in choosing compatible vendor
computer hardware.
CONCLUSION AND RECOMMENDATION
It is our opinion that the Mentor system will meet the City's needs and answer prior year audit
comments regarding computer software deficiencies.
This-conclusion is based on the assumption that the City will acquire compatible computer
hardware as identified by Mentor.
We do not receive fees, commissions, or other compensation in any form from computer
software or hardware vendors.
Please call Marilyn P. Swichkow, CPA or. Roger W. Dobson, CPA if you have any qUestions
or desire additional information.
HOYMAN, DOBSON & COMPANY, P.A.
City/Entity:
Contact:
Software:
Acquired:
-Comments:
Jefferson CoUnty; .Monticello, Florida
Ms. Annie Charron - (904) 997-3596
Budgetary Accounting, Payroll, A/R, Fixed AsSets, and Traffic (Police,
Ticketing, and Small Claims)
Payroll - November, 1985 (up and running in lanuary, 1986)
1. "Their customer support is fantastic. They are not hard to deal
with; very patient and they do not act superior to you when you
call with dumb questions".
2. "At the end of September we wanted to change a fund number, so
I ordered a special program from Mentor to do it; it took three
days because we moved five years of information, changing
account numbers, etc,, but it worked, just beautifully. I was very
nervous during the whole three days and I kept .calling them, but
they were patient and reassuring each time".
3. "If you go with them, I hope you will be as happy as I am"..
City/Entity:
Contact:
Software:
.Acquired:
Comments:
Suwannee River Economic Council; Live Oak, Florida
Ms. Marietta'Boatright - (407) 362-4115
Budgetary Accounting, Payroll, and' Custom Cost Allocation package (for
shared funding needs).
"LOGOS" packages installed in 1986 (on-line in 1987); upgraded to
"PSAS" packages in 1990.
1. "All three packages integrate very well".
2. "I recommend them without reservations. We have their
maintenance agreement and I find that their customer support is
excellent. They are always willing to answer our questions and
usually get back to us within 1 to 2 hours if they cannot answer
something immediately".
3. "We alsO have their "DASH" agreement, which allows them to
hook-up with our system via a modem to correct a problem if we
cannot fix it ourselves with their phone assistance, but we have
never had to use it".
4. "They have an annual user's conference in September. We have
never gone, but we have made recommendations for changes. I
feel they build their annual updates based on client needs".
5. "We are currently expanding to larger hardware capabilities. They
(Mentor staff) have really gone beyond the call of duty in working
with us and the IBM people to help us expand".
City/Entity:
Contact:
Software:
Acquired:
Comments:
Collier Health Services' (Not-for-profit); Immokolee, Florida
Ms. Joann Landrum (813) 657-3663
Payroll/Personnel and Budgetary Accounting.
1987
Response time on problems is good. "Their help line is the best. It is'
great to know that.they are always there if you ever run into a problem".
City~ntity:
Contact:
Software:
Acquired:
Comments:
City of Blountstown, Florida
Mr. Grant Gentry - (904) 674-5488
Budgetary Accounting, Payroll, and Utilities packages.
Mentor's "PUB~ system since 1985; presently converting to Mentor's
"PASAS'.
1. ~They are quite willing to help" if problems arise.
2. "They call you right back" if an answer is not immediately
available.
3. Updates are sent in a timely manner and "they are easy to install".
City/Entity:
Contact:
Software:
Acquired:
Comments:
Plant City, Florida
Mr. Steven Cottrell' - (813) 752-3125
Payroll/Personnel and Utility Billing
1991, has used Payroll package since February. Has been running Utility
package parallel for eight months, just now "weaning" off the old system.
1. Mentor, s "customer support is second to nOne". They have "more
than adequate staff to respond and they attack problems quickly,
which is a real plus".
2. "We are thinking about acquiring some of their other packages'for
police (computer aided dispatch), when they make it available for
our hardware".
3. "There is no way to avoid all problems in converting from one
system'to another, but we have just about gotten all of the bugs out
now. It has been a reasonable conversion".
City/Entity:
Contact:
Software:
Acquired:
Comments:
City of Williston, Florida
Ms. Terry Summers (904) 528-3060
Payroll and Utilities packages
1987
1.
t
"Customer support is really good. The help line has ~otten a lot
better than when we first started".
"It took us a long time to put all of our accounts into the utility
system and get it on-line, because we have a lot of accounts, but
payroll was really quick to do as we have only 50 people on staff".
"Basically we are happy with their system. We are converting
over to their newer system in January".
City/Entity:
Contact:
Software:
Acquired:
Comments:
City of Satellite Beach
Ms. Norma Tetrault (407) 773-4407
Budgetary Accounting, Payroll. Acquiring occupational licenses package
for City Clerk.
Installed in June, 1991. Have had Mentor software since 1982.
Mentor's customer support is "outstanding" and "I like the software very
much".
City/EntitY:
Contact:
Software:
Acquired:
Comments:
Hamilton County, Florida
Ms. Evelyn Smith - (904) 792-1288
Budgetary/Accounting and Payroll'
1988
Customer Service - "I love it. They are very helpful and I love the
programs (software), too".