HomeMy WebLinkAboutcocc_ordinance_no_03-2020_202010201 ORDINANCE NO. 03-2020
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3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING
5 SECTIONS 2-57 AND 2-58 REGARDING SCHEDULING COUNCIL
6 MEETINGS; PROVIDING A CONFORMING AMENDMENT TO
7 SECTION 18-1 RELATED TO THE DEFINITION OF CIVIL
8 EMERGENCIES; PROVIDING FOR THE REPEAL OF PRIOR
9 INCONSISTENT ORDINANCES AND RESOLUTIONS,
10 INCORPORATION INTO THE CODE, SEVERABILITY, AND AN
11 EFFECTIVE DATE.
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13 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
14 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
15 law; and
16 WHEREAS, pursuant to Section 2.11(a) of the City Charter, the City Council may conduct
17 special meetings on the call of three or more members and, whenever practicable, upon no less
18 than 12 hours' notice to each member; and
19 WHEREAS, the City Council desires to amend the City Code related to scheduling and
20 conducting special meetings and emergency meetings in order to promote the efficient conduct
21 of City business; and
22 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
23 Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
24 Cape Canaveral.
25 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE
26 CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
27 Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference as
28 legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral.
29 Section 2. Chapter 2 Code Amendment. Chapter 2 of the Code of Ordinances, City of Cape
30 Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions to the City
31 Code and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the
32 Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the
33 asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior
34 to adoption of this Ordinance):
35 CHAPTER 2 — ADMINISTRATION
City of Cape Canaveral
Ordinance No. 03-2020
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4 DIVISION 3. - Meetings.
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ARTICLE II. — CITY COUNCIL
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6 Sec. 2-57. - Special and emergency meetings.
7 (a) A special meeting of the city council may be initiated by any of the following means:
8 (1) Council Decision at Meeting. The city council can initiate or approve a request for a special
9 meeting by an affirmative vote of a majority or unanimous consensus of the city council at a
10 council meeting pursuant to the Charter, article II, section 2.11.
11 (2) By serving the city manager or the city clerk notice in writing and signed by a majority of the
12 city council. The clerk shall immediately give verbal or written notice of to each member of the
13 council stating the date and hour of the meeting and the purpose for which such meeting is called,
14 and no other business shall be enacted at that meeting. The clerk in the notice of a special meeting
15 initiated in this manner shall allow at least 211 hours to elapse between the call of the meeting and
16 thc date and hour of the meeting. Notice shall be posted at City Hall and on the city website.
17 (2) Initiated by Councilmember. A councilmember may request a special meeting by filing a
18 written notice (including by email) with the city clerk. The written notice shall specify the purpose
19 and reason for requesting the meeting, the action item(s) requested to be considered by council,
20 and a proposed date(s) and time(s) for the meeting. Upon receipt of the notice, the clerk shall
21 immediately provide a copy of the notice by email or hand delivery to each member of the council
22 and determine whether at least a majority of the council agrees in writing to schedule a special
23 meeting to consider the action item(s). However, a meeting will not be scheduled by the clerk's
24 office unless a majority of the city council has agreed in writing to attend the meeting and consider
25 the action item(s) no later than forty-eight (48) hours from the date that the notice was delivered
26 by the clerk. If a majority of the council does not agree within said time period, the clerk shall
27 notify the councilmember initiating the request that the request is deemed expired and no further
28 action will be taken by the clerk to attempt to schedule the requested special meeting.
29 (3) Initiated by City Manager. As the administrative head of the City, the city manager shall
30 request of the city council from time to time such decisions or actions of the city council which
31 the city manager may determine are reasonably necessary for the successful accomplishment of
32 the duties of the city manager. In furtherance of these duties, the city manager may request a
33 special meeting if deemed necessary for the effective administration of the City. Such request
34 may be made by notifying each member of council, verbally or in writing (including by email),
35 about the purpose and reason for requesting the meeting, description of the action item(s) to be
City of Cape Canaveral
Ordinance No. 03-2020
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1 considered by council, and proposed date(s) and times(s) for the meeting. However, a meeting
2 will not be scheduled by the clerk's office unless a majority of the city council has agreed verbally
3 or in writing to attend the meeting and consider the action item(s).
4 (34) Emergencies. By verbal notice to thc city clerk or thc city manager by a majority of the city
5 council wWhenever an emergency exists which requires immediate, urgent or extraordinary action
6 by the council due to exigent circumstances affecting life safety, property damage, the business
7 affairs of the City, the environment, or an emergency measure required to be addressed under
8 chapter 18 of the City Code, the city council, mayor or city manager may call an emergency
9 meeting. Emergency meetings will be scheduled as soon as possible to address the exigent
10 circumstances. The clerk shall immediately attempt to give verbal or written notice (including by
11 email) to each member of the council stating the hour of the emergency meeting and the purpose
12 for which such meeting is called, and no other business shall be enacted at that meeting. If, after
13 reasonable diligence, it is impossible to give notice to each councilmember, such failure shall not
14 affect the legality of thc meeting.
15 (b) Special and emergency meetings shall be limited to the purpose and scope of the item(s)
16 publicly noticed and placed on the meeting agenda. No other item(s) may be discussed or
17 decided by the city council at these meetings.
18 (c) Special meetings shall only be requested when there is an action item(s) to present to the
19 city council for discussion and action. Adequate time should be afforded city staff to research and
20 prepare an appropriate city council agenda item(s) (including if necessary, any related
21 documentation, ordinance, resolution or legal instrument) before a special meeting is scheduled
22 so the city council is well-informed and prepared before taking final action. Special meetings
23 should not be requested for an agenda item(s) that can be placed on a regular council agenda for
24 timely consideration except if such agenda item(s) and special meeting is approved by the city
25 council at a council meeting.
26 (d) Special meetings shall require a minimum of twenty-four (24) hours public notice and shall
27 be subject to other applicable notice requirements provided by law. There shall be no minimum
28 public notice requirements for emergency meetings unless otherwise provided by law. However,
29 public notice of emergency meetings shall be given in advance of the meeting to maximum extent
30 practicable given the emergency circumstances. Additionally, if, after reasonable diligence, it is
31 impossible to give notice of a meeting to each councilmember as required by this section, such
32 failure shall not affect the legality of the meeting.
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34 (e) All special and emergency meetings shall be held in the City Hall unless otherwise
35 determined by the city council or City Hall is not available. such other place as designated by a
36 majority of thc council in open session an4 All meetings shall be open to the public and the press
37 unless otherwise provided by law. If the city council has not determined otherwise, the city
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1 manager may schedule the special or emergency meeting at another appropriate location if City
2 Hall is not available. The city council may also conduct meetings by using communication media
3 technology if authorized by law.
4 (f) Notice of meetings called under this section shall be posted at City Hall and on the city
5 website, and may to the extent deemed practical and available by the clerk, be posted on suitable
6 city social media platform(s)
7 (g) The clerk shall be responsible for maintaining the city council's master meeting schedule
8 and coordinating schedules of the councilmembers, city manager and other city officials for
9 purposes of scheduling council meetings called under this section. When scheduling council
10 meetings, the clerk may freely propose alternative dates and times deemed appropriate to
11 schedule special and emergency council meetings based on the availability of the
12 councilmembers, city manager and other city officials.
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14 Sec. 2-58. - Workshop meetings.
15 Workshop meetings may be called in the same manner as a special meeting to informally discuss
16 matters relating the [to] to city business. Workshop meetings shall be held in the place so
17 designated by council to be the locations of workshop meetings and shall be open to the public
18 and press. Notice of workshop meetings shall be posted at least 24 hours in advance at the City
19 Hall and on the city website, and may to the extent practical and available, be posted on suitable
20 city social media platform(s). Minutes of the workshop meeting shall be preparcd and distributed
21 to council members.
22 * * *
23 Section 3. Section 18-1 Conforming Code Amendments. Section 18-1 of the Code of
24 Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type
25 indicates additions to the City Code and strikeout type indicates deletions, while asterisks (* * *)
26 indicate a deletion from the Ordinance of text existing in Section 18-1. It is intended that the text
27 in Section 18-1 denoted by the asterisks and set forth in this Ordinance shall remain unchanged
28 from the language existing prior to adoption of this Ordinance):
29 Sec. 18-1. - Definitions.
30 The following words, terms and phrases, when used in this chapter, shall have the meanings
31 ascribed to them in this section, except where the context clearly indicates a different meaning:
32 Civil emergency means: Any serious incident, situation or combination of serious
33 circumstances resulting in a state that calls for immediate, urgent or extraordinary policy
34 considerations and decisions by the city to protect the public health, safety and welfare, property,
35 environment or the function of city operations including:
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1 (1) A riot or unlawful assembly characterized by the use of actual force or violence or any
2 threat to use force if accompanied by immediate power to execute by three or more
3 persons acting together without authority of law, or act of terrorism or war.
4 (2) Any natural disaster or manmade calamity, including flood, conflagration, cyclone,
5 tornado, hurricane, earthquake or explosion, within or near the corporate limits of the
6 city resulting in, or having the high probability of causing, the death or injury of persons
7 or the destruction of property to such an extent that urgent or extraordinary measures
8 must be taken to protect the public health, safety and welfare.
9 (3) Any incident that poses an immediate threat to life, health, property, or environment.
10 (4) Any incident that has already caused loss of, or has a high probability of escalating to
11 cause immediate danger to, life, public health, property damage, or environmental
12 damage.
13 (5) Any serious medical emergency to the community such as a pandemic, plague, cholera,
14 ebola, malaria and other outbreaks of disease.
15 (6) Any incident that has caused, or poses an immediate threat to, the function of the city
16 such that city services are, or will be, seriously disrupted.
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18 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
19 ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
20 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
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22 Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
23 Canaveral City Code and any section or paragraph, number or letter and any heading may be
24 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and
25 like errors may be corrected and additions, alterations, and omissions, not affecting the
26 construction or meaning of this Ordinance and the City Code may be freely made.
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28 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision
29 of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
30 jurisdiction, whether for substantive, procedural or any other reason, such portion shall be deemed
31 a separate, distinct and independent provision, and such holding shall not affect the validity of
32 the remaining portions of this Ordinance.
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34 Section 7. Effective Date. This Ordinance shall become effective immediately upon
35 adoption.
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City of Cape Canaveral
Ordinance No. 03-2020
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1 ADOPTED by the City Council of the City of Cape Canaveral this 20th day of October, 2020.
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5 Bob Hoog, Mayor
7 ATTEST:
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11 Mia Goforth, CMC
12 City Clerk
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16 First Reading: September 15, 2020
17 Advertisement: October 8, 2020
18 Second Reading: October 20, 2020
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20 Approved as to legal form and sufficiency
21 for City of Cape Canaveral only by:
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24 Anthony A. Garganese, City Attorney
For Against
Mike Brown Motion
Robert Hoog X
Mickie Kellum X
Wes Morrison X
Angela Raymond Second
City of Cape Canaveral
Ordinance No. 03-2020
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