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HomeMy WebLinkAboutPacket 07-06-2010 Workshop��06*.A 61 1 City Jrf Cape Canaveral 'fills -IT Tel '11- J41AUT $11 1 11T .�#HARTER REVIEW COMMITTEE jAVERAL LIBRARY MEETING ROOM 201 Pol�k Avenue Tuesday July 6, 2010 1 Draft Revised City Charter Presented by the Charter Review Committee. Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the publ:ic that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need, a record of the proceedings, and for such purpose that person 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 based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. 105 Polk Avenue - Pom st Office Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 Fax: (321) 868-1248 www,cityofcapecanavera.l.org - email. ccapecanaveral@cfl.rr.com Draft Revised Charter as of 06-25-2010 Page 1 of 20 Preamble We the people of the City of Cape Canaveral, under the constitution and laws of the State of Florida, in order to secure the benefits of local self-government and to provide for an honest and accountable council-manager government do hereby adopt this charter and confer upon the city the following powers, subject to the following restrictions, and prescribed by the following procedures and governmental structure. By this action, we secure the benefits of home rule and affirm the values of representative democracy, professional management, strong political leadership, citizen participation, and regional cooperation. Article I POWERS OF THE CITY Section 1.01 Powers of the City. The city shall have all powers possible for a city to have under the constitution and laws of the state as fully and completely as though they were specifically enumerated in this charter. Section 1.02 Incorporation of the City of Cape Canaveral. That a municipal corporation under and by the name of City of Cape Canaveral is originally and hereby created, organized and established in the County of Brevard and in the State of Florida, and became a law without the Governor's approval. Filed in the Office of the Secretary of State on May 16, 1963, which said City shall embrace, include and have jurisdiction over all that territory in Brevard County described as follows: The tract of land situated in Sections 14, 15, 16, 17, 20, 21, 22, 23, 26, 27, 28 and 29 of Township 24 South, Range 37 East and being all of that land lying south of the South limits of the Cape Canaveral Missile Test Annex, now known as Canaveral Port Authority, extended westerly to the center line of the established ship channel in the Banana River, and extended easterly to a point in the Atlantic Ocean 1,000 feet east of the mean high water line of the Atlantic Ocean, and north of a line described as follows: Beginning at the intersection of a westerly extension of the South line of Lot 21 in Banana River Estates, as recorded in Plat Book 10, Page 1, of the Public Records of Brevard County, Florida, and the center line of the established channel of Banana River; thence along such westerly extension and the South line of Lot 21 in an easterly direction to the westerly right-of-way line of Palm Avenue (SR No. 401); thence continue along the easterly extension of the last described line to the East right-of-way line of Palm Avenue (SR No. 401); thence northerly along the East right-of-way line of said Palm Avenue (SR No. 401) approximately 2,440 feet to a point in the middle of Block 73, in the Avon -by -the -Sea subdivision which is the point separating Lot 1 and Lot 9 in said Block 73, thence easterly along the rear line of the lots in Blocks 73, 74, 75, and Draft Revised Charter as of 06-25-2010 Page 2 of 20 76, being the blocks bounded on the North by Johnson Avenue and on the South by Grant Avenue to the intersection of this line with the mean high water line of the Atlantic Ocean, thence East 1,000 feet to the East boundary line hereinafter set forth; and bounded on the West by the center line of the established ship channel in the Banana River, and on the East by a line paralleling the shoreline and 1,000 feet East of the mean high water line of the Atlantic Ocean; excepting the lands owned by the Canaveral Port Authority and/or any additional government-owned lands as of January 12, 1962, and including all littoral and riparian rights pertaining thereto. Together with: Lots 13 through 20 inclusive, Banana River Estates, as recorded in Plat Book 10, Page 1, of the Public Records of Brevard County, Florida. Together with: Lots Six (6) through Nine (9) inclusive, in Block Seventy-five (75) according to the Plat of Avon -By -The -Sea Subdivision, as recorded in Plat Book 3, Page 7, of the Public Records of Brevard County, Florida. Together with: Lots 9 through 12, Block 73, Avon -By -The -Sea Subdivision, as recorded in Plat Book 3, Page 7, of the Public Records of Brevard County, Florida. [Note Committee recommends _City_ Council have a surveyor review above to ensure _descr pt on_'is_correct ] Section 1.03 Construction. The powers of the city under this charter shall be construed liberally in favor of the city, and the specific mention of particular powers in the charter shall not be construed as limiting in any way the general power granted in this article. Section 1.04 Intergovernmental Relations. The city may participate by contract or otherwise with any governmental entity of this state or any other state or states or the United States in the performance of any activity which one or more of such entities has the authority to undertake. Article II CITY COUNCIL Section 2.01 General Powers and Duties. All powers of the city shall be vested in the City Council, except as otherwise provided by law or this charter, and the City Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the city by law. Draft Revised Charter as of 06-25-2010 Page 3 of 20 Section 2.02 Composition, Eligibility, Terms. (a) Composition. There shall be a City Council composed of a Mayor and four (4) council members elected by the voters of the city at large during a non-partisan election held in accordance with provisions of Article VI. (b) Eligibility. The Mayor and members of the City Council shall be residents of the City of Cape Canaveral and shall have and possess the qualifications of Registered Voters of the City of Cape Canaveral. Any member of the Council or any Mayor who shall cease to have and possess the qualifications imposed on such office or who shall, while in office, be convicted of a crime involving moral turpitude, shall forfeit his or her office and his or her seat shall immediately become vacant. Absence from three (3) consecutive regular meetings of the City Council, or from thirty percent (30%) of the meetings held annually, shall operate to vacate the seat of a member of the City Council or the office of the Mayor unless such absence shall be excused by a resolution duly adopted by the City Council. (c) Terms of Office. The term of office for the Mayor and City Council members shall be three (3) years elected in accordance with Article VI. There shall be no limit on the total number of terms the Mayor or Council members may serve, except that each shall be limited to two (2) consecutive elected terms of office. This limitation shall not prohibit a person who has served two (2) consecutive elected terms of office as Council member from qualifying and being elected as Mayor. Any person "termed -out" of office by this section, after having been out of office for a period of one (1) year, may qualify and be elected as Mayor or Council member. The accruing of consecutive terms shall include only those terms beginning with the November 2, 2010 general election and all other terms arising out of subsequent elections. (d) Elected Council Members. Any newly elected Mayor and City Council member shall assume the duties of office at the next regular meeting of the City Council following their election. Section 2.03 Mayor. (a) Powers and Duties. The Mayor shall be a voting member of the City Council and shall attend and preside at meetings of the City Council, represent the city in intergovernmental relationships, present an annual state of the city message, and perform other duties specified by the City Council. The Mayor shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law but shall have no administrative duties. Mayor Pro Tem. The City Council shall annually elect from its membership a Mayor Pro Tem, who shall act as the Mayor in the Mayor's absence. Draft Revised Charter as of 06-25-2010 Section 2.04. Compensation; Expenses. Page 4 of 20 The City Council may, by Ordinance, provide for the compensation of the Mayor, its members and its appointed officers, and the method of payment of the same. Section 2.05. Prohibitions. (a) Holding Other Office. Except where authorized by law, no council member shall hold any other elected public office during the term for which the member was elected to the council. No council member shall hold any other city office or city employment during the terms for which the member was elected to the council. No former council member shall hold any compensated appointive office or employment with the city until one year after expiration of the term for which the member was elected to the council, unless granted a waiver by the Florida Commission on Ethics. (b) Nothing in the section shall be construed to prohibit the council from selecting any current or former council member to represent the city on the governing board of any regional or other intergovernmental agency. (c) Appointments and Removals. Neither the city council nor any of its members shall in any manner control or demand the appointment or removal of any city administrative officer or employee whom the city manager or any subordinate to the City manager is empowered to appoint, but the council may express its views and fully and freely discuss with the city manager anything pertaining to appointment and removal of such offices and employees. (d) Interference with administration. Except for the purposes of inquiries, and investigations under § 2.09, the council or its members shall deal with city officers and employees who are subject to the direction of the supervision of the city manager solely through the city manager, and neither the council nor its members shall give orders to any such officer or employee, either publically or privately. Section 2.06 Vacancies; Forfeiture of Office; Filling of Vacancies. (a) Vacancies. The office of a council member shall become vacant upon the member's death, resignation, or removal from office or forfeiture of office in any manner authorized by law. (b) Forfeiture of Office. A council member shall forfeit that office if the council member: (1) Fails to meet the residency requirements, (2) Violates any express prohibition of this charter, (3) Is convicted of a crime involving moral turpitude, or Draft Revised Charter as of 06-25-2010 Page 5 of 20 (4) Fails to attend three (3) consecutive regular meetings of the council or thirty percent (30%) of all meetings held annually, without being excused by the council. (c) Filling of Vacancies. A vacancy in the city council shall be filled for the remainder of the unexpired term, if any, at the next regular election following not less than sixty days upon the occurrence of the vacancy, but the council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. If the council fails to do so within thirty days following the occurrence of the vacancy, the election authorities shall call a special election to fill the vacancy, to be held not sooner than ninety days and not later than 120 days following the occurrence of the vacancy, and to be otherwise governed by law. Notwithstanding the requirements in § 2.11(c), if at any time the membership of the council is reduced to less than four (4), the remaining members may by majority action appoint additional members to raise the membership to five (5). Section 2.07. Judge of Qualifications. The city council shall be the judge of the qualifications of its members, and of the grounds for forfeiture of their office. In order to exercise these powers, the council shall have power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more newspapers of general circulation in the city at least one week in advance of the hearing. Section 2.08. City Clerk. The city manager shall appoint an officer of the city who shall have the title of city clerk. The city clerk shall give notice of council meetings to its members and the public, keep a journal of its proceedings and perform such other duties as are assigned by this charter or by the council or by the state law. Section 2.09 Investigations. The city council may make investigations into the affairs of the city and the conduct of any city department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Failure or refusal to obey a lawful order issued in the exercise of these powers by the council. shall be a misdemeanor punishable by a fine of not more than $500.00, or by imprisonment for not more than 60 days or both. Section 2.10 Independent Audit. The city council shall provide for an independent annual audit of all city accounts consistent with the requirements of Florida law and may provide for more frequent audits as it deems necessary. Draft Revised Charter as of 06-25-2010 Section 2.11 Procedure. Page 6 of 20 (a) Meetings. The council shall meet regularly at least once in every month at such times and places as the council may prescribe by rule. Special meetings may be held on the call of three or more members and, whenever practicable, upon no less than twelve hours notice to each member. Except as allowed by state law, all meetings shall be public. (b) Rules and Journal. The city council shall determine its own rules and order of business and shall provide for [seeping a journal of its proceedings. This journal shall be a public record. (c) Voting. Voting, except on procedural motions, shall be by roll call and the ayes and nays shall be recorded in the journal. Three members of the council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the council. No action of the council, except as otherwise provided in the preceding sentence, in § 2.06(c) and Section 2.14 shall be valid or binding unless adopted by the affirmative vote of three (3) or more members of council. Section 2.12. Action Requiring an Ordinance. In addition to other acts required by law or by specific provision of this charter to be done by ordinance, those acts of the city council shall be by ordinance which: (1) Adopt or amend any administrative code or establish, alter, or abolish any city department, office, or agency. (2) Provided for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed; (3) Grant, renew or extend a franchise; (4) Regulate the rate charged for its services by a public utility; (5) Authorize the borrowing of money; (6) Convey or lease or authorize the conveyance or lease of any lands of the city; (7) Regulate land use and development; (S) Amend or repeal any ordinance previously adopted; or (9) Adopt, with or without amendment, ordinances proposed under the initiative power. Draft Revised Charter as of 06-25-2010 Page 7 of 20 Acts other than those referred to in the preceding sentence may be done either by ordinance or by resolution. Section 2.13. Ordinances in General. (a) Form. Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain more than one subject, which shall be clearly expressed in its title. The enacting clause shall be "The City of Cape Canaveral hereby ordains..." Any ordinance which repeals or amends an existing ordinance or part of the city code shall set out in full the ordinance, sections or subsections to be repealed or amended, and shall indicate matters to be omitted by enclosing it in brackets or by strikeout type and shall indicate new matters by underscoring or by italics. (b) Effective Date. Except as otherwise provided in this charter, every adopted ordinance shall become effective at the expiration of 10 (ten) days after adoption or any date specified in the ordinance. (c) Publication of Ordinances. Every proposed ordinance shall be published and advertised consistent with the requirements of Florida law. Section 2.14 Emergency Ordinances. To meet a public emergency affecting life, health, property or the public peace, the city council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew, or extend a franchise, regulate the rate charged by any public utility for its services or authorize the borrowing of money except as provided in § 5.07(b). An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least two-thirds (213) of the members present shall be required for adoption. After its adoption, the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance except one made pursuant to § 5.07(b) shall automatically stand repealed as of the sixty-first day following the date on which it was adopted, but this shall not prevent re-enactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in the section for adoption of emergency ordinances. Section 2.15. Codes of Technical Regulations. The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such an adopting ordinance shall be as prescribed for ordinances generally except that: Draft Revised Charter as of 06-25-2010 Page 8 of 20 (1) The requirements of § 2.13 for distribution and filing of copies of the ordinance shall be construed to include copies of the code of technical regulations as well as of the adopting ordinance, and (2) A copy of each adopted code of technical regulations as well as of the adopting ordinance shall be authenticated and recorded by the city clerk pursuant to § 2.16(a) Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for purchase at a reasonable price. Section 2.16. Authentication and Recording; Codification; Printing of Ordinances and Resolutions. (a) Authentication and Recording. The city clerk shall authenticate by signing and shall record in full in a properly indexed book kept for the purpose all ordinances and resolutions adopted by the city council. (b) Codification. Within five years after adoption of this charter and at least every fifteen to twenty years thereafter, the city council shall provide for the preparation of a general codification of all city ordinances having the force and effect of law. The general codification shall be adopted by the council by ordinance and shall be published, together with this charter and any amendments thereto, pertinent provisions of the constitution and other laws of the state of Florida, and such codes of technical regulations and other rules and regulations as the council may specify. This compilation shall be known and cited officially as the Cape Canaveral city code. Copies of the code shall be furnished to city officers, placed in libraries, public offices, and if available, in a web site for free public reference and made available for purchase by the public at a reasonable price fixed by the council. (c) Printing of Ordinances and Resolutions. The city council shall cause each ordinance and resolution having the force and effect of law and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances, resolutions and charter amendments shall be available to the public at reasonable prices consistent with provisions of Florida law. Following publication of the first Cape Canaveral city code and at all times thereafter, the ordinances, resolutions and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for integration there in. The council shall make such further arrangements as it deems desirable with respect to reproduction and distribution of any current changes in or additions to the provisions of the constitution and other laws of the state of Florida, or the codes and technical regulations and other rules and regulations included in the code. Article III CITY MANAGER The City Council shall, by majority vote, appoint a City Manager to be the administrative head of the government and shall be responsible for the effective administration of all Draft Revised Charter as of 06-25-2010 Page 9 of 20 departments of the City. The City Manager shall be chosen on the basis of executive and administrative qualifications. The City Manager may or may not be a resident of the City or of the State of Florida, at the time of appointment. The City Manager shall hold office at the will of the Council, and shall receive such salary as may be fixed by the Council. The duties of City Manager shall be established by the Council, by ordinance. By letter filed with the City Clerk, the City Manager shall designate, subject to approval of the City Council, a qualified city administrative officer to exercise the powers and perform the duties of City Manager during the City Manager's temporary absence or disability. During such absence or disability, the City Council may revoke such designation at any time and appoint another administrative officer of the city to serve until the City Manager shall return. Article IV DEPARTMENTS, OFFICES, AND AGENCIES Section 4.01 General Provisions. (a) Creation of Departments. The city council may establish city departments, offices, or agencies in addition to those created by this charter and may prescribe the functions of all departments, offices, and agencies. No function assigned by this charter to a particular department, office, or agency may be discontinued or unless this charter specifically so provides, assigned to any other. (b) Direction by City Manager. All departments, offices and agencies under the direction and supervision of the city manager shall be administered by an officer appointed by and subject to the direction and supervision of the manager. With the consent of council, the city manager may serve as the head of one or more such departments, offices, or agencies or may appoint one person as the head of two or more of them. Section 4.02 Personnel System (a) Merit Principle. All appointments and promotions of city officers and employees shall be made solely on the basis of merit and fitness demonstrated by a valid and reliable examination or other evidence of competence. (b) Merit System. Consistent with all applicable federal and state laws the city council shall provide for the establishment, regulation, and maintenance of a merit system governing personnel policies necessary to effective administration of the employees of the city's departments, offices and agencies, including but not limited to classification and pay plans, examinations, force reduction, removals, working conditions, provisional and exempt appointments, in-service training, grievances and relationships with employee organizations. Draft Revised Charter as of 06-25-2010 Section 4.03 Legal Officer. Page 10 of 20 (a) Appointment. The City Council shall appoint a City Attorney, and may appoint assistant city attorneys, who shall serve at the pleasure of the council, and who shall be compensated as determined by the council. The city attorney and assistant city attorneys, if any, shall be lawyers in good standing and licensed to practice in the state of Florida. (b) Duties. The city attorney shall serve as the chief legal advisor to the city council, all of the city's officers and the city departments in matters relating to their official duties. The city attorney or special counsel, as may be appointed by the city council, shall represent the city in all legal proceedings, shall prepare all contracts, bonds, ordinances and other instruments in writing in which the city is concerned, or shall endorse on each his or her approval of the form, language and execution thereof. The city attorney shall also perform any other duties prescribed by state law, by this charter or by ordinance. Section 4.04. Land Use, Development, and Environmental Planning. Consistent with all applicable federal and state laws with respect to land use, development, and environmental planning, the city council shall designate an agency or agencies to carry out the planning function. The designated agency, the city manager, and the mayor and council shall seek to act in cooperation with other jurisdictions and organizations in their region to promote integrated approaches to regional issues. Section 4.05. Fire Protection Services The council shall pass no ordinance, resolution, or motion obligating or authorizing the City to establish or operate a Fire Department without such plan or proposal having been first approved by a majority vote of the qualified electors of the City voting in a general election or one held for this purpose. Nothing herein shall prevent the City from entering into a Mutual Aid Agreement with any municipality, Brevard County or any private or federal agency for the purpose of supplementing the fire protection services. Further providing that any action previously taken by Resolution, motion or otherwise to establish or operate a Fire Department shall be terminated or stayed until brought into compliance with this Section. The council shall not formally commit the City to build or acquire a Fire Station until such time that the council holds a duly noticed public hearing. Article V FINANCIAL MANAGEMENT Section 5.01 Submission of Budget and Budget Message. On or before the 301' day of June of each year, the city manager shall submit to the city council a budget for the ensuing fiscal year and an accompanying message. Draft Revised Charter as of 06-25-2010 Section 5.02 Budget Message. Page 11 of 20 The city manager's message shall explain the budget both in fiscal terms and in terms of work programs, linking those programs to organizational goals and community priorities. It shall outline the proposed financial policies of the city for the ensuing fiscal year and the impact of those policies on future years. It shall describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures, and revenues together with the reasons for such changes, summarize the city's debt position, including factors affecting the ability to raise resources through debt issues, and include such other material as the city manager deems desirable. Section 5.03 Budget. The budget shall provide a complete financial plan of all city funds and activities for the ensuing fiscal year and, except as required by law or this charter, shall be in such form as the city manager deems desirable or the city council may require for effective management and an understanding of the relationship between the budget and the city's strategic goals. The budget shall begin with a clear general summary of its contents; shall show in detail all estimated income, indicating the proposed property tax levy, and ail proposed expenditures, including debt service, for the ensuing fiscal year; and shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the current fiscal year and actual income and expenditures of the preceding fiscal year. It shall indicate in separate sections: (1) The proposed goals and expenditures for current operations during the ensuing fiscal year, detailed for each fund by department or by other organization unit, and program, purpose or activity, method of financing such expenditures, and methods to measure outcomes and performance related to the goals; (2) Proposed longer-term goals and capital expenditures during the ensuing fiscal year, detailed for each fund by department or by other organizational unit when practicable, the proposed method of financing each such capital expenditure, and methods to measure outcomes and performance related to the goals; and (3) The proposed goals, anticipated income and expenses, profit and loss for the ensuing year for each utility or other enterprise fund or internal service fund operated by the city, and methods to measure outcomes and performance related to the goals. For any fund, the total of proposed expenditures shall not exceed the total of estimated income plus carried forward fund balance exclusive of reserves. Section 5.04 City Council Action on Budget. The City Council shall adopt the budget consistent with the requirements and procedures of Florida Law. Draft Revised Charter as of 06-25-2010 Page 12 of 20 Section 5.05 Appropriation and Revenue Ordinances. To implement the adopted budget, the city council shall adopt, prior to the beginning of the fiscal year; (a) An appropriation resolution making appropriations by department, fund, service, strategy or other organizational unit and authorizing an allocation for each program or activity; (b) A tax levy resolution authorizing the property tax levy or levies and setting the tax rate or rates; and (c) Any other resolutions required to authorize new revenue or to amend the rates or other features of existing taxes or other revenue sources. Section 5.06 Amendments after Adoption. (a) Supplemental Appropriations. If during or before the fiscal year the city manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the city council by resolution may make supplemental appropriations for the year up to the amount of such excess. (b) Emergency Appropriations. To address a public emergency affecting life, health, property or the public peace, the city council may make emergency appropriations. Such appropriations may be made by emergency resolution in accordance with the provision of § 2.14. To the extent that there are no available un- appropriated revenues or a sufficient fund balance to meet such appropriations, the council may by such emergency resolution authorize the issuance of emergency notes. These notes may be renewed from time to time. The emergency notes and note renewals shall be paid or refinanced as long-term debt no later than the last day of the next fiscal year in which the emergency appropriation was made. (c) Reduction of Appropriations. If at any time during the fiscal year it appears probable to the city manager that the revenues or fund balances available will be insufficient to finance the expenditures for which appropriations have been authorized, the manager shall report to the city council without delay, indicating the estimated amount of the deficit, any remedial action taken by the manager and recommendations as to any other steps to be taken. The council shall then take such further action as it deems necessary to prevent or reduce any deficit and for that purpose it may by resolutions reduce or eliminate one or more appropriations. (d) Transfer of Appropriations. At any time or before the fiscal year, the city council may by resolution transfer part or all of the unencumbered appropriation balance from one department, fund, service, strategy or organizational unit to the appropriation for other departments or organizational units or new appropriation. The manager may transfer funds among programs within a department, fund, service, strategy or organizational unit and shall report such transfers to the council in writing in a timely manner. Draft Revised Charter as of 06-25-2010 Page 13 of 20 (e) Limitation; Effective Date. No appropriation for debt service may be reduced or transferred, except to the extent that the debt is refinanced and less debt service is required, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption. Section 5.07 Financial Advisory Committee A Financial Advisory Committee comprised of three (3) citizen volunteers or business owners, who have financial background, shall be appointed by the City Manager. One member may be a business person from outside the city. The City Manager and the City Treasurer shall serve in an Ad Hoc Capacity. The purpose of the Committee is to provide input concerning: • The overall financial health of the City • The safety/profitability of the City's financial investments • The City's budgetary matters. Section 5.08 Capital Program. (a) Submission to City Council. The city manager shall prepare and submit to the city council a multi-year capital program no later than three months before the final date for submission of the budget. (b) Contents. The capital program shall include: (1) A clear general summary of its contents; (2) Identification of the long-term goals of the community; (3) A list of all capital improvements and other capital expenditures which are proposed to be undertaken during the fiscal years next ensuing; (4) Cost estimates and recommended time schedules for each improvement or other capital expenditure; (5) Method of financing upon which each capital expenditure is to be reliant; (6) The estimated annual cost of operating and maintaining the facilities to be constructed or acquired; (7) A commentary of how the plan addresses the sustainability of the community and the region of which it is a part; and (S) Methods to measure outcomes and performance of the capital plan related to the long-term goals of the community. Draft Revised Charter as of 06-25-2010 Page 14 of 20 The above shall be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition. Section 5.09 Notice, Hearing and Adoption of Capital Plan. The city council shall treat the Capital Program as part of the budget. Article VI ELECTIONS Section 6.01 City Elections. The regular municipal elections shall be held each year on the first Tuesday following the first Monday in November in accordance with the procedures of Florida Law. All City Elections shall be non-partisan. Section 6.02 Filing fee. There shall be a filing fee for candidates qualifying to have their names placed on the election ballot in the amount of $100.00 for each candidate. Section 6.03. Methods of electing Council Members. Terms for elected officials shall be staggered. Commencing with the general election of 2011, two (2) council seats shall be placed on the ballot for election; the Mayor shall be placed on the ballot for election in the next year; and two (2) council seats in the next year. This shall be a continuous 3 -year rotation. During council seat election years, the two (2) persons receiving the greatest number of votes shall be declared the winners. During mayoral elections, the person with the greatest number of votes shall be declared the winner. Section 6.04. Initiative and Citizen Referendum. (a) General Authority for Initiative and Citizen Referendum. (1) Initiative. The registered voters of the city shall have power to propose ordinances to the council and, if the council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a city election, but such power shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes or salaries of city officers or employees. (2) Citizen Referendum. The registered voters of the city shall have power to require reconsideration by the council of any adopted ordinance and, if the council fails to repeal an ordinance so reconsidered, to approve or reject it at a city election, but such power shall not extend to the budget or capital program or any emergency ordinance or ordinances relating to appropriation of money or levy of taxes. Draft Revised Charter as of 06-25-2010 Page 95 of 20 (b) Commencement of Proceeding; Petitioners' Committee; Affidavit. Any five registered voters may commence initiative or citizen referendum proceedings by filing with the city clerk an affidavit stating they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance, citing the ordinance sought to be reconsidered. (c) Petitions. (1) Number of Signature. Initiative and citizen referendum petition must be signed by registered voters of the city equal in number to at least 5 percent of the total number of registered voters to vote at the last regular election. (2) Form and Content. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Initiative and citizen referendum petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. (3) Affidavit of circulator. Each paper of a petition shall have attached to it when filed an affidavit executed by the person circulating it stating that he or she personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in his or her presence, that he or she believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity, before signing, to read the full text of the ordinance proposed or sought to be reconsidered. (4) Time for Filing Referendum. Referendum petitions must be filed within 30 days after adoption by the council of the ordinance sought to be reconsidered. (d) Procedure after Filing. (1) Certificate of Clerk; Amendment. Within five (5) calendar days of receipt of the petitioners' committee petition, the clerk shall forward same to the Supervisor of Elections for verification of signatures. Within ten (10) calendar days after the petition is returned from the Supervisor of Elections Office, the city clerk shall complete a certificate as to its sufficiency, specifying if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by certified mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intent to amend it with the clerk within two days after receiving the copy of his or her certificate and files a supplementary petition upon additional papers containing additional signatures within ten (10) calendar days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of paragraphs (2) and (3) of § 6.05(c), and within five (5) calendar days after the supplementary petition Draft Revised Charter as of 06-25-2010 Page 16 of 20 is returned from the Supervisor of Elections Office the city clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by certified mail as in the case of an original petition. If a petition or amended petition is certified sufficient or if a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request council review under paragraph (2) of this subsection within the time required, the clerk shall promptly present his or her certificate to the council and the certificate shall then be a final determination as to the sufficiency of the petition. (2) Council Review. If a petition has been certified insufficient and the petitioners committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two days after receiving the copy of such certificate, file a request that it be reviewed by the council. The council shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the council's determination shall then be a final determination as to the sufficiency of the petitions. (3) Court Review; New Petition. An aggrieved party may appeal a final determination as to the sufficiency of a petition to a court of competent jurisdiction. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose. (e) Referendum Petitions; Suspension of Effect of Ordinance. When a referendum petition is filed with the city clerk, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: (i) There is a final determination of insufficiency of the petition, or (ii) The petitioners' committee withdraws the petition, or (iii) The council repeals the ordinance, or (iv) Thirty days have elapsed after a vote of the city on the ordinance. (f) Action on Petitions. (1) Action by Council. When an initiative or referendum petition has been finally determined sufficient, the council shall promptly consider the proposed initiative ordinance in the manner provided in Article II or reconsider the referred ordinance by voting its repeal. If the council fails to adopt a proposed initiative ordinance without any change in substance within sixty days or fails to repeal the referred ordinance within thirty days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the city. (2) Submission to Voters of Proposed or Referred Ordinance. The vote on a proposed or referred ordinance shall be held at the next regularly scheduled election, provided the final council vote takes place more than 75 days prior to the date of the general election. Draft Revised Charter as of 06-25-2010 (g) Results of Election. Page 17 of 20 (1) Initiative. If a majority of the registered voters voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the council. if conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (2) Referendum. If a majority of the registered voters voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results. (h) Repeal of ordinances adopted by referendum. Ordinances adopted by referendum vote can be amended or repealed only by a referendum vote, but the proposition to amend or repeal such ordinances may be submitted to the voters in any regular election of the City, provided that the City Council shall cause notice of such reference to be published in a newspaper of general circulation published in the County of Brevard, Florida, using only the title of such ordinance in the notice if it is to be repealed, but the amendment in full if it is to be amended. Said notice shall be published according to the requirements of Florida Law. Section 6.05 Recall. Recall of council members shall be done in accordance with the general law of the State of Florida. Article VII GENERAL PROVISIONS Section 7.01. Conflicts of Interest and Ethics. Florida Statute Chapter 112, Part III, as may be amended, shall govern conduct related to conflicts of interest and ethics. (a) Ethics. The city council shall appropriate sufficient funds to provide, require and attend annual training and education of city officials, appointed officials, employees, volunteer advisory board/committee members and candidates for public office, regarding the ethics code. (b) Penalties. Any person convicted of a violation of this section shall be ineligible for a period of five years following such conviction to hold any city office or position and, if any officer or employee of the city, shall immediately forfeit his or her office or position. The city council shall establish by ordinance such further penalties as it may deem appropriate. Draft Revised Charter as of 06-25-2010 Section 7.02 Campaign Finance. Page 18 of 20 Chapter 106, Florida Statutes, as may be amended, shall govern conduct related to campaign finance. Section 7.03 Nepotism. (a) No member of the immediate family or a significant other of the Mayor or a member of the City Council shall be eligible to hold a paid position with the City of Cape Canaveral. Immediate family shall be deemed to include spouse, parent, child, grandparent, grandchild, niece, nephew and sibling of the whole or half blood. "Significant other' shall be deemed to include any person in a family -type living arrangement or domestic partnership with the Mayor or a member of the City Council, and who would constitute a spouse if married to the Mayor or a member of the City Council. (b) Except as stated in this section, Section 112.3135, Florida Statutes, as amended from time to time, or any successor statute, shall govern the appointment, employment, promotion and advancement of individuals in employment or to any position over which the City Council or members of the City staff exercise jurisdiction or control. State law references: Nepotism, F.S. § 112.3135. Article VIII CHARTER AMENDMENT Section 8.01 Proposal of Amendment. Amendments to this charter may be framed and proposed: (a) In the manner provided by law, or (b) By ordinance of the council containing the full text of the proposed amendment and effective upon adoption or (c) By the voters of the City. Proposal of an amendment by the voters of the city shall be by petition containing the full text of the propose amendment and shall be governed by the same procedures and requirements prescribed in Article VI for initiative petitions until such time as a final determination as to the sufficiency of the petition is made, except that there shall be no limitation as to the subject matter and that the petition must be signed by registered voters of the city equal in number to at least 10 percent of the total number of those registered to vote at the last regular city election. The petitioners' committee may withdraw the petition at any time before the fifteenth day immediately preceding the day scheduled for the city vote on the amendment. Draft Revised Charter as of 06-25-2010 Section 8.02 Election. Page 19 of 20 Upon delivery to the city clerk of the report of a charter commission or delivery by the city council of an adopted ordinance or a petition finally determined sufficient, proposing an amendment pursuant to § 8.01, the city clerk shall submit the proposed amendment to the voters of the city at the next regularly scheduled election, provided the receipt takes place more than 75 days prior to the date of the general election. The city clerk shall cause notice of such ballot items to be published according to Florida Law. Section 8.03. Adoption of Amendment. If a majority of those voting upon a proposed charter amendment vote in favor of it, the amendment shall become effective at the time fixed in the amendment or, if no time is therein fixed, 30 days after its adoption by the voters. Article IX TRANSITION AND SEVERABILITY Section 9.01 Pending Matters. All rights, claims, actions, orders, contracts, and legal administrative proceedings shall continue except as modified pursuant to the provisions of this charter and in each case shall be maintained, carried on or dealt with by the city department, office or agency appropriate under this charter. Section 9.02 State of Municipal Laws. In General. All city ordinances, resolutions, orders and regulations which are in force when this charter becomes fully effective are repealed to the extent that they are inconsistent or interfere with the effective operation of this charter or of ordinances or resolutions adopted pursuant thereto. Section 9.03. Schedule. (a) Election. Elections shall be conducted as outlined in Section 6.01. (b) Time of Taking Full Effect. This Charter shall take effect immediately upon adoption pursuant to the requirements of Florida law. (c) Salary of Mayor and Council Members. The mayor and council members shall receive compensation as established by ordinance and set forth in the city code. Section 9.04. Severability. If any provision of this charter is held invalid, the other provisions of the charter shall not be affected. If the application of the charter or any of its provisions to any person or Draft Revised Charter as of 06-25-2010 Page 20 of 20 circumstance is head invalid, the application of the charter and its provisions to other persons or circumstances shall not be affected. CITY OF CAPE CANAVERAL CHARTER REVIEW COMMITTEE MEETING MINUTES JUNE 24, 2010 5:30 PM A meeting of the Charter Review Committee of the City of Cape Canaveral, Florida was held on June 24, 2010, in the Cape Canaveral Library Meeting Room, at 201 Polk Avenue, Cape Canaveral, Florida. CALL TO ORDER: Chairman John Johanson called the meeting to order at 5:33 P.M. ROLL CALL: The Board Secretary called the roll. MEMBERS PRESENT: Frank Baker, Ronald Friedman, John Johanson, Adrienne Kessler, Harry Pearson and John Porter. MEMBERS ABSENT: Burt Bruns, Richard Clarke, Mark Morrison and David Schirtzinger. APPROVAL: 1. APPROVE THE MINUTES FROM JUNE 10, 2010 MEETING: Motion by Mr. Johanson, seconded by Mr. Porter, for approval. The motion carried unanimously after a roll call vote. DISCUSSION: 2. REVIEW DRAFT REVISED CHARTER: Discussion ensued and included notes and renewals of such; streamlining and simplification of language; term limits, staggered terms, appointments and special elections due to death or resignation of a Mayor regarding filling of vacancies The Committee reached the following consensuses: Section 6.03 — to delete the word "members" and replace with the word "seats"; and to make the word "winner" plural in the second to last sentence. Article III — to use the proposed language. Section 5.06 — to add language from the model charter. Section 5.06 (b) — to place a period (.) after the phrase "issuance of emergency notes" in the third sentence and after such, insert the following language: "These notes may be renewed from time Charter Review Committee June 24, 2010 Page 2 of 2 Sections 2.02 and 2.03 — to use the distributed alternative proposed Ianguage with the following changes: 1- Section 2.02 - correct the error of the order of words in the heading to "Composition, Eligibility and Terms"; and 2- Section 2.02 (c) - Place a period () at the end of the third sentence after Mayor and remove "however, any person who has served as Mayor for two (2) consecutive elected terms shall not be permitted to qualify and be elected as a Council member". 3. DISCUSSION OF PRESENTATION TO THE CITY COUNCIL: Discussion ensued and included ballot language voted on in previous meetings and ballot language recently prepared; City Council Charter workshops scheduled for July 6 and July 20, and August 3, 2010, if needed; presenting the charter as a whole to Council at the first meeting providing cross- references and guidance on sections dealing with term limits, fire department, elections, budget and districting; and posting of notices. The Committee reached the following consensuses: To provide the City Council with the Draft Revised Charter as of June 24, 2010, the minutes for this Charter Review Committee meeting, a conversion table/chart and ballot language. Chairperson John Johanson expressed the importance for all Charter Review Committee members to attend the City Council Joint Workshop Meeting with the Charter Review Committee on Tuesday, July 6, 2010. ADJOURNMENT: There being no further business the meeting adjourned at 6:37 PM. John Johanson, Chairperson Mia Goforth, Recording Secretary Charter Revision Section -by -Section Cross -Reference Chart PROPOSED REVISED CHARTER EXISTING CHARTER Preamble Art. I 1 Sec. 4 — Form of Government Article I — Powers of the City 1.01 Powers of the City Art. I / Sec. 3 — Sovereignty 1.02 Incorporation of the City of Cape Canaveral Art. I / Sec. 2 — Incorporation of the City of Cape Canaveral 1.03 Construction 1.04 Intergovernmental Relations Article I1— City Council 2.01 General Powers and Duties Art. I / Sec. 4 — Form of Government Art. II / Sec. 1— Extension of general Powers 2.02 Composition, Eligibility, Terms Art. III / Sec. 1 — Qualifications of Mayor and Councilmembers 2.03 Mayor Art. IV — The Mayor, Powers and Duties 2.04 Compensation; Expenses Art. III / Sec. 3 — Compensation of Officers 2.05 Prohibitions 2.06 Vacancies; Forfeiture of Office; Filling of Vacancies Art. III / Sec. 4 — Vacancies in Elected Offices 2.07 Judge of Qualifications 2.08 City Clerk Art. VIII — City Clerk 2.09 Investigations Art. XXIV / Sec. 7 — Investigative Procedures 2.10 Independent Audit 2.11 Procedure Art. V — City Council, Organization and Powers 2.12 Action Requiring an Ordinance 2.13 Ordinances in General 2.14 Emergency Ordinances 2.15 Codes of Technical Regulations 2.16 Authentication and Recording; Codification; Printing of Ordinances and Resolutions Article III — City Manager Art. VI — City Manager PROPOSED REVISED EXISTING CHARTER CHARTER Article IV — Departments, Offices and Agencies 4.01 General Provisions Art. XV 1 Sec. 1 — Creation of Department of Public Works 4.02 Personnel System 4.03 Legal Officer Art. VII — City Attorney 4.04 Land Use, Development, and Environmental Planning 4.05 Fire Protection Services Art. XIV / Sec. 4 — Fire Protection Services Article V — Financial Management 5.01 Submission of Budget and Budget Message 5.02 Budget Message 5.03 Budget 5.04 City Council Action on Budget 5.05 Appropriation and Revenue Ordinances 5.06 Amendments after Adoption 5.07 Financial Advisory Committee Art. XVII / Sec. 2 — Budget Committee 5.08 Capital Program 5.09 Notice, Hearing and Adoption of Capital Plan Article VI -- Elections 6.01 City Elections Art. XXI — Sec. 1 — Rules Prescribed by Ordinance & Sec. 2(A) — Voter Qualifications, et seq. Sec. 7 —Voter Registration Sec. 8 — Arrangements for Elections Sec. 9 — Voting Hours and Results 6.02 Filing Fee Art. XXI / Sec. 19 — Filing Fee 6.03 Methods of Electing Council Art. I 1 Sec. 5 — Reorganization of Officers Members 6.04 Initiative and Citizen Referendum Art. XXI — Sec. 12 — Initiative Petition for Ordinance Sec. 13 — Filing of Initiative Petition Sec. 14 — Procedure on Initiative Petition Sec. 15 — Petition Effect on Pending Ordinance Sec. 17 — Repeal of Ordinances Adopted by Referendum PROPOSED REVISED CHARTER EXISTING CHARTER 6.05 Recall Article VII — General Provisions 7.01 Conflicts of Interest and Ethics 7.02 Campaign Finance 7.03 Nepotism Art. XXIV 1 Sec. 8 — Nepotism Article VIII — Charter Amendment 8.01 Proposal of Amendment 8.02 Election 8.03 Adoption of Amendment Article IX — Transition and Severability 9.01 Pending Matters Art. XXIV / Sec. 3 — Transfer of Records 9.02 State of Municipal Laws Art. XXIV / Sec. 6 — Conflicting Laws 9.03 Schedule 9.04 Severability Art. XXIV / Sec. 2 — Constitutional Provision and Severability [DRAFT BALLOT LANGUAGE FOR COUNCIL REVIEW] Question 1: CITY OF CAPE CANAVERAL CHARTER AMENDMENT NEW CITY CHARTER Shall the current City Charter be repealed and replaced in its entirety with an updated and reorganized City Charter, based substantially on the latest edition of the National Civic League's Model City Charter and updating provisions in accordance with State law? Question 2: Yes, For Charter Amendment No, Against Charter Amendment CITY OF CAPE CANAVERAL CHARTER AMENDMENT TERM LIMITS Shall the City Charter be amended to impose term limits whereby individuals are limited to two consecutive elected terms of office? The amendment authorizes council members elected to two consecutive terms to immediately qualify and be elected as Mayor. The amendment allows individuals "termed -out" by this amendment to qualify again after being out of office for one year. Question 3: Yes, For Charter Amendment No, Against Charter Amendment CITY OF CAPE CANAVERAL CHARTER AMENDMENT FIRE PROTECTION SERVICES Shall the City Charter be amended to repeal the wording which prohibits the City Council's ability to contract for fire protection services with an entity other than the Cape Canaveral Volunteer Fire Department, Inc.? The proposed amendment does not modify the requirement that a majority of the City's electors vote to approve any decision of the City Council to establish or operate a fire department. Yes, For Charter Amendment No, Against Charter Amendment Revised Charter Review Schedule 6/10/10 Charter Review Committee meeting 6/24/10 Final Charter Review Committee meeting to review documents for submittal to City Council 7/6/10 Joint Workshop Meeting: City Council and Charter Review Committee Purpose: Presentation of proposed Charter amendments by Charter Review Committee and receive Public Input. 7/20/10 City Council Workshop Meeting: Purpose: Further discussion of proposed Charter amendments and receive Public Input 8/3/10 City Council Workshop Meeting, if needed Purpose: Further discussion of proposed Charter amendments and receive Public input 8/3/10 Regular City Council Meeting Purpose: First reading of proposed Ordinance for proposed Charter amendments 8/17/10 Regular City Council Meeting Purpose: Second reading of proposed Ordinance for proposed Charter amendments 8/24/10 Final Ballot Language due to Supervisor of Elections. Week of September 27th Referendum Advertisement for 5th week prior to Election Week of October 11th Referendum Advertisement for 3rd week prior to Election November 2, 2010 Election Day— Electorate votes on propose Charter amendments as outlined in Ordinance adopted by City Council.