HomeMy WebLinkAboutCharter Board 1962 Minutes 1
MINUTES OF THE MEETING OF THE CHARTER BOARD
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August 23, 1962
The first meeting of the Charter Board of the City of Cape
Canaveral was held at the Recreation Hall of the Cocoa Palms Trailer
Park at 6:00 PM, August 23, 1962.
Present were the following members: W. R. King, C. F. Cook,
W. Greaney Jr., E. J. Jandreau and R. R. Thurm. Mrs. Hurck, Acting
City Clerk took the minutes of the meeting.
A Motion was made, and seconded by Mr. Jandreau and passed
unanimously that Mr. Cook act as Temporary Chairman of the meeting.
Mr. Cook then opened the meeting and extended welcome to
visitors that may or may not be present. Mr. Cook then proceeded to
business.
The first business before the meeting was to discuss and
adopt a group of By-laws under which to work. A copy of the proposed
By-laws were then presented. Mr. King made a Motion and it was
seconded by Mr. Greaney that the By-laws be accepted as read. The
Motion was passed unanimously.
V. The next order of business was the election of a permanent
Chairman as stated in the By-laws. Mr. King was nominated by Mr.
Jandreau and it was seconded and passed unanimously. Mr. King
accepted the office of Chairman and took over the meeting.
Mr. King then read to the Board the Florida State Statutes
1961, Chapter 166, establishing the duties, rights and limitations
of the board.
It was stated that the Board must meet within 30 days after
the election and this Board had convened within 15 days. The Charter
must be concluded within 90 days after the election and posted for
public notice in a local newspaper for 25 days before the public
'vote.
The Chairman then asked for comments from the Board. Mr.
Cook made a Motion and it was seconded and passed that the By-Laws
be signed and given to the Clerk and made a part of the Minutes.
(See attachment) .
The next item of discussion was the time and location of
the next public meeting. It was dediced that the next meeting would
be held at 7:00 PM at the Recreation Hall of the Cocoa Palms Trailer
Park.
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Page 2.
Minutes of Charter Board Meeting, August 23, 1962 `_
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The Chairman stated that these meetings were being held with
the intent of the Board hearing the ideas and thoughts of the people.
There are two ways for the public to make their wishes known, either
by attending the meetings in person or writing to the Board, c/o P. 0.
Box 12, Cape Canaveral, and the Board is interested in hearing the
desires of the people.
The first topic in preparing the Charter is the formation
of the City. The Chairman then read from the Minutes of the First
Incorporation of the Town of Cape Canaveral wherein the territorial
limits were established. Subject to verification of the copy with
county records, the description was accepted and became a part of
the minutes as attached.
Mr. Greaney then read a brief resume of the Preamble for
the Charter outlining what the Charter entails. Article # 1 establishes
the type of government, lays down the metes and bounds and the rights
of the City to become a governing unit.
A general discussion followed in which the matter of the
type of city government such as Mayor/Council or City Manager,Council
was presented. It was agreed to take this under advisement and each
member was to investigate further and report at the next meeting.
Mr. King stated there was no further business and made a
Motion which was seconded and passed unanimously that the meeting be
adjourned.
Chairman of Charter Bbard
C/Mit./X/ 4/AL
Acting City Clerk
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BYLAWS OF THE
CHARTER BOARD,OF THE
CITY OF CAPE CAFFVERAL
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ARTICLE I
HANE AND PURPOSE
A. NAME
This board shall be known as the Charter Board of the City of Cape Canaveral.
B. Purpose
The board shall have as its purpose to prepere s. charter under which the
people and the government of the city can live, 'mirk, and -row in a progressive
atmosphere.
ARTICLE TI
CHAIRMAN
A. ELECTION OF CHAIRMAN
The board shall select from its members one who will serve as Chairman.
B. DUTIES
1. The Chairman shall preside at all meetir-s of the board.
2. It shall be the duty of the Chairman to coordinate the activities of
the board in any manner required by the board.
3. The Chairman shall notify all members of all general and special meetings.
C. ABSENCE OF THE CHAIRMAN
In the absence of the Chairman the other members of the board shall select
a Chairman Pro Tem to conduct the duties of the Chairman during his absence.
ARTICLE III
tor, ODYMITTEES
A. The board select from its several members such committeesas the law
may require and in the manner prescribed by law.
B. The board nay create such other committees as the board shall deem necessary
for the sucessful conclusion of its duties.
ARTICLE IV
SECRETARY
A. APPOINTMENT OF SECRETARY
The City Clerk shall serve as the secretary of the board as required by the
laws of the State of Florida.
B. DUTIES OF THE SECRETARY
The secretary of the board shall perform the duties prescribed by law and in
the manner prescribed by law.
C. ABSENCE OF THE SECRETARY
In the absence or inability of the City Clerk to perform the duties of the
secretary he shall, in the wanner prescribed by law, appoint a deputy who
shall then perform the duties of the secretary.
ARTICLE V
MEETINGS
A. SCHEDULE OF MEETINGS
The Charter Board shall conduct weekly meetings from the time their first
meeting is declared until their work is completed or until such time as
necessity does not require. Special meetings may be called and shall be
called upon an affirmative vote of a majority of the members of the board.
All such meetings shall be open to the public.
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B. rO TIFICATION OF MEETINGS
1. At least twenty—four hours prior to any general weekly meeting of the board
the board will cause to be posted in the City Hall an agenda of the topics
to be considered at such general meeting.
2. As early as practical before any special meeting the board will cause to be
posted in the City Hall an agenda of the topics to be considered at such
special meeting.
C. LIMITATION OF DISCUSSION AND DEBATE
1. The Chairman of the board may, at his discretion, place such limits on
discussion or debate as are herein provided.
2. On the failure of the Chairman to exercise his powers provided by this section
the same may be imposed on an affirmative vote of a majority of the board
members present.
3. Debate and discussion may be limited to thirty minutes on any one topic
and to five minutes by any one individual on one topic.
D. QUORUM
Three of the members of the board shall constitute a quorum.
E. PARTICIPATION IN DISCUSSION
1. Participation in discussion shall require the recognition of the Chairman.
2. All Discussion and comment shall be directed to the Chairman.
3. At no time shall the Chairman be deprived of the right to participate in
discussion by virture of his position as Chairman.
F. RULES OF ORDER
1. Except as herein provided all meetings shall be conducted in accordance with
Roberts Rules of Order, Revised.
2. In the event of conflict between the Bylaws of the Charter Board of the City
of Cape Canaveral and Roberts Rules of Order, the said bylaws shall prevail.
ARTICLE VI
LEGAL REQUIREMENTS AND LIMITATIONS
The board shall make itself cognizant of the various requirements and limitations
placed on it by law as regards formation, meetings, elections, filing of charter,
and time and shall abide by such requirements and limitations at all times.
ARTICLE VII
UNDUE INFLUENCE
It shall be the duty of the several members of the board to report at the next
public meeting of the board any attempt by any party or parties to extract any
promise of certain action in return for which any consideration shall be promised.
ARTICLE VIII
AMENDMENT
These bylaws may be amended on an affirmative vote of a majority of the board members.
Subscribed to this day of ( Y" 1962.
C. F. C K MEMBER W. R. K G MEMBER
W. GREANEY, JR MEMBER R. R. THURM MEMBER
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E. JI J`►"JREAU MEMBER
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MINUTES OF THE MEETING OF THE CHARTER BOARD
August 30, 1962
The meeting of the Charter Board of the City of Cape Canaveral
was called to order at 7:00 PM at the recreation hall of the Cocoa Palms
Trailer Park on August 29, 1962.
Present were Mr. Jandreau, Mr. Greaney, Mr. Thurm, Mr. Cook,
and Mr. King. Mrs Hurck took the minutes of the meeting.
The first order of business was the reading of the Minutes
of the meeting of August 23, 1962. A Motion was made, seconded and
passed unanimously that the minutes be accepted as presented.
Mr. King then stated that each member had copies of the
Charter for various cities in the surrounding area which would be used
as the basis of outlining the Charter for the City of Cape Canaveral.
The first step would be to establish a tenative listing by Article
of the items to be contained in the Charter.
It was agreed that the following tenative format be used:
Article # 1./ City of Cape Canaveral, General Provisions.
To include the formation of the City, metes
and bounds, type of government, right of
perpetual succession.
Article # 2.✓ General Powers of Government.
Article # 3. Officers, Qualifications and Terms
Article # 4. Mayor, Powers and Duties
Article # 5. Council, Organization and Powers
Article # 6. City Manager, Powers and Duties (if appointed)
Article # 7. City Attorney
Article # 8. City Clerk
Article # 9. Tax Collector
Article # 10. Tax Assesor
Article # 11. City Treasurer
Article # 12. Municipal Courts
Article # 13. Police Department
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Article # 14. Fire Department
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Minutes of Charter Board Meeting - August 30, 1962
Article # 15. Public Works
Article # 16. Boards and Agencies
A Motion was made and seconded by Mr. Greaney that Articles
16 thru 25 (as attached) of the Cocoa Charter, Table of Contents be
utilized as part of the outline of the Charter of the City of Cape
Canaveral.
Mr. King then read proposed sections of the Charter for
comments and recommendations of the Board:
Section # 1. Type of government and method of election.
Section # 2. Time and meeting place of the Council.
Section # 3. Rules of Procedure of Members of the Council
Section # 4. Residency Requirements and Qualifications of
the Mayor and Council.
Section # 5. Council - Rules of Procedure of Election and
Recall to Expel Councilman.
Section # 6. Qualification of Electors - Rules and Regulations
Section # 7. Council - Power to appoint or remove certain
officers ( not elected) .
Section # 8. Length of Term of Mayor and Councilmen
Section # 9. Appointment of City Manager (if advisable) by
the Council - Qualifications, term of office
and salary.
Section # 10. City Manager, Powers and Duties (if appointed(
Section # 11. Duties of Mayor ( if city government includes
no city manager)
Section # 12. Mayor - Powers and Duties as titular head.
Section # 13. Council and Mayor - Provision for compensation
and terms.
Section # 14. Power of Mayor to propose legislation to the
Council for efficent operation of the City
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Minutes of Charter Meeting - August 30, 1962
As each section was read, the board members commented on
suggested changes. The meeting was then opened for general questions
from the public.
On Motion made by Mr. Greaney, seconded by Mr. Jandreau and
passed unanimously, the meeting was adjourned.
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Chairman of Charter Bo 64-1S
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Deputy Clerk
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COCOA CHARTER
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TABLE OF CONTENTS
PREAMBLE Page 1
PURPOSE
1
ARTICLE 1 ABOLISH EXISTING MUNICIPALITY V
1 to 2
ARTICLE 2 ESTABLISHMENT OF NEW MUNICIPALITY
2 to 25
ARTICLE 3 OFFICERS, QUALIFICATIONS AND TERMS
25 to 28
ARTICLE 4 THE MAYOR, HIS POWERS AND DUTIES 28 to 29
ARTICLE 5 CITY COUNCIL, ITS ORGANIZATION AND POWERS 29 to 34
ARTICLE 6 CITY MANAGER '
34 to 36
ARTICLE 7 MUNICIPAL COURT 36 to 41
ARTICLE 8 CITY ATTORNEY 41 to 42
ARTICLE 9 POLICE DEPARTMENT 42 to 43
ARTICLE ' 10 DEPARTMENT OF PUBLIC WORKS 43 to 44
ARTICLE 11 WATER DEPARTMENT 44 to 45
ARTICLE 12 CITY CLERK 45
ARTICLE 13. CITY TAX COLLECTOR 45 to 46
ARTICLE 14 CITY TREASURER 46 to 47
ARTICLE 15 FIRE DEPARTMENT 47 to 48
ARTICLE 16 GENERAL FINANCE PROVISIONS, BUDGET, AUDIT, PURCHASING 48 to 52
ARTICLE ' 17 REVENUE AND TAXATION 52 to 58
ARTICLE 18 COLLECTION OF DELINQUENT TAXES 58 to 79
ARTICLE 19 SPECIAL ASSESSMENTS FOR PUBLIC IMPROVEMENTS 79 to 94
ARTICLE 20 BONDS AND CERTIFICATES OF INDEBTEDNESS 94 to 100
ARTICLE 21 COLLECTION, TREATMENT AND DISPOSAL OF SEWAGE 10C to 116
ARTICLE 22 REGULATION OF THE OPERATION OF TAXI CABS 116 to 11F
ems ARTIULE 23 ELECTIONS i to 2'4
ARTICLE 24 ABAT] 4ENT OF NUISANCES 129 to 133
ARTICLE 25 MISCELLANEo
7.T3 to 138
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MINUTES OF THE MEETING OF THE CHARTER BOARD
September 6, 1962
The meeting of the Charter Board of the City
of Cape Canaveral was called to order at 7:00 PM at the
Recreation Hall of the Cocoa Palms Trailer Park on
September 6, 1962.
Present were Mr. Jandreau, Mr. Greaney, Mr. Thum, Mr.
Cook and Mr. King. Mrs Hurck took the minutes of the
meeting.
The first order of business was the reading
of the Minutes of the Meeting of August 30, 1962. A
Motion was made, seconded and passed unanimously that
the minutes be accepted as presented.
Mr. King remaed from the Minutes the. copy of
the First Incorporation of the Town of Cape Canaveral to
check metes and bounds with County records and will re-
port at the next meeting.
The item under consideration by the board
was the "beneral powers of the city". It was stated
that these powers would' grant the right of the City
to operate, but did not necissarily mean the.:City had
to do all of these things.
Mr. King read the Article dealing with powers
from the Charter of the City of Cocoa Beach.and asked
for comments and discussion. It was agreed ,that the
section of the charter' dealing with powers be compiled
and be added too he necessary. These items were to
�.� be reported on at the next meeting.
The next meeting of the Charter Board will
be held at the City Nall at 7;30 PM on Thursday, `Sept.
13.
A Motion was made, seconded and passed that
the meeting be adjourned.
Chairman of the rd_f
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Depwty Clerk ,
MINUTES OF THE MEETING OF THE CHARTER BOARD
SEPTEMBER 13, 1962
The meeting of the Charter Board of the City of Cape
Canaveral was held at 7:30 PM at the Recreation Hall of the
Cocoa Palms Trailer Park. In the absence of Mr. King, Chairman,
Mr. Thurm nominated a temporary Chairman. The Motion was
seconded and passed unanimously that Mr. Greaney serve as
Chairman for this meeting.
Present were Mr. Jandreau, Mr. Cook, Mr. Thurm, Mr.
Greaney, absent, Mr. King. Mrs. Hurck took the minutes of the
meeting.
Mr. Greaney then took over the meeting and greeted
the public in attendence. The minutes of the meeting of Sept. 6
were then read and motion duly made and seconded were accepted
as read.
As stated in the Minutes of the meeting Sept. 6, Mr.
King had removed the copy of the First Incorporation of the Town
of Cape Canaveral from the minutes for verification with county
records as to accuracy of the legal description. In Mr. King's
absence, it was recommended that this business be continued
until the following meeting.
Cm; Mr. Greaney then read to the Board tenative outlines
of Article # 2, Powers of the City. Mr. Greaney asked for comments
from the Board and it was decided to further study the outline
before it becomes final.
Mr. Greaney then read a tenative outline of Article #
13, Police Department. Mr. DeFuniak requested time to present
his ideas and suggestions as to the law enforcement procedures
for the city. After general public discussion and questions from
Board members, Mr. Greaney stated that the suggestions as outlined
would be taken under consideration in writing the final Charter.
There being no further business, a Motion was made,
seconded and passed that the meeting be adjourned.
hairman of the Board 7
Gtit�t c�i /4e
Deputy Clerk
MINUTES OF THE MEETING OF THE CHARTER BOARD
SEPTEMBER 20, 1962
The meeting of the Charter Board of the City
of Cape Canaveral was held at the Recreation Hall of the
Cocoa Palms Trailer Park.
Mr. King announced:that there was not a quorum
of members present and no business could be transacted.
The meeting was therefore adjourned.
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C airman o t e Boar•/
Deputy Cler
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MINUTES OF THE MEETING OF THE CHARTER BOARD
SEPTEMBER 27, 1962
The meeting of the Charter Board of the City of
Cape Canaveral was held at 7:30 PM at the Recreation Hall
of the Cocoa Palms Trailer Park.
Present were Mr. King, Mr. Jandreau, Mr. Thurm,
Mr. Greaney, absent, Mr. Cook. Mrs. Hurck took the minutes
of the meeting.
The first order of business was the reading of
the minutes of September 13, and September 20, 1962.
Motions were made, seconded and passed unanimously that
the minutes be accepted as read.
There followed a reading of the rough draft of
the proposed first 14 Articles of the Charter. Mr. King
stated that these were not in final form and could be
ammended and corrected before being put into final form.
At the completion of the reading the meeting
(10was thrown open to general discussion. Mr. King answered
,,, questions from the general public.
There being no further business, a Motion was
made, seconded and passed that the meeting be adjourned.
Chairman of the Bo rd
a/4w 44
Deputy Clerk
Ar
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MINUTES OF THE MEETING OF THE CHARTER BOARD
OCTOBER 4 , 1962
The meeting of the Charter Board of the City
of Cape Canaveral was held at 7 : 30 PM at the Recreational
Hall of the Cocoa Palms Trailer Park.
Present were Mr. King, Mr. Jandreau, Mr. Cook,
and Mr. Thurm. Mrs. Hurck took the minutes of the meeting.
The first order of business was the reading of
the minutes of September 27 . A Motion was made , seconded
and passed unanimously that the minutes be accepted as
read.
Mr. King proposed to read further articles
in rough form to the public. He stated that at the
conclusion of the reading of each Article that there
would be a period of general discussion and that ideas
and comments from the public would be considered in
the Charter in it's final form.
There followed the reading of Articles 15
thru 20 , with a question and answer period.
There being no further discussion, a Motion
was made, seconded and passed that the meeting be
adjuorned.
(X)te,C,2g4is
airman of the Boa
a-t:u /(4
Deputy Cler
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CIO MINUTES OF THE MEETING OF THE CHARTER BOARD
OCTOBER 18, 1962
The meeting of the Charter Board of the City of Cape
Canaveral was held at 7:30 PM at the Recreational Hall of the
Cocoa Palms Trailer Park.
Present were Mr. King, Mr. Jandreau, Mr. Cook and
Mr. Thurm. Mrs. Hurck took the minutes of the meeting.
Mr. King read the minutes of the meeting of October
4, 1962, and upon Motion duly made, seconded and passed they
were accepted as read.
Mr. King then stated that he would begin the final
reading of the Charter. The readin proceeded thru Article
16. Mr. King said that due to the length of the Charter,
he would entertain a Motion that the final Article's be
read at next week's meeting.
Thereupon the Motion was duly made, seconded and
passed unanimously that remaining Articles be read at the
following meeting. The meeting was then adjourned.
Chairman of the Board
Deputy Clerk