HomeMy WebLinkAbout06-16-1993 Special Workshop• •
CITY COUNCIL
SPECIAL WORKSHOP MEETING
June 16, 1993
A Special Workshop Meeting of the Cape Canaveral City Council was
held on June 16, 1993, at the City Hall Annex, 111 Polk Avenue,
Cape Canaveral, Florida. The meeting was called to order at 6:02
P.M. by Mayor Salamone.
ROLL CALL:
Mayor
Mayor Pro Tem
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Clerk
BUSINESS:
Joy Salamone
John Porter
Arthur Berger
Joan Calvert
Rocky Randels
Bennett Boucher
John Kancilia
Faith Miller
Present
Present
Present
Present
Present
Present
Present
Present
1. Discussion & Review of Recodification of City's Code of
Ordinances, Land Development and Zoning Regulations as prepared by
Municipal Code Corporation.
Council began its review process by discussing the proposed changes
to the City Charter. Mr. Kancilia explained that the City Charter
had been adopted by a Special Act of the Legislature in 1963. In
1973, the enactment of municipal home rule allowed municipalities
to amend its charter by ordinary ordinance except for seven areas.
The seven areas include: creation or existence of the
municipality; establishment of the form of government; grants of
extraterritorial powers or powers affecting any area which includes
lands outside the municipality; establishment of terms of elected
officials and the manner of their election; distribution of powers
among elected officials; matters relating to appointed boards; and
any rights of municipal employees. Provisions related to the seven
aforementioned areas could only be changed by referendum. Mr.
Kancilia explained that several sections that did not pertain to
the seven areas had been pulled from the Charter and placed in the
Code of Ordinances.
Mayor Salamone stated that she had a problem with the terms used
for Councilmember including "Councilman, Councilmen,
Councilperson ". She asked that the wording be gender neutral
throughout the Charter and Code and refer to only "Councilperson"
and "Boardmember ". Mr. Boucher advised that Municipal Code had
stated that "Councilman" would be changed to "Councilmember ". Mr.
Kancilia advised that several sections of the Charter had been
enacted by referendum and could not be changed without a
referendum. There was extensive discussion regarding the gender
specific nouns included in the Charter and whether or not Council
wanted to place the matter as a referendum question on the November
ballot.
There was also discussion regarding placing corrections within the
text in brackets to clarify any items which needed to be changed,
such as the " Councilmember" wording. There was also discussion
regarding the spelling and grammatical errors included in the
Charter.
There was general discussion regarding the provisions included in
the Charter which were historical only and were not practices which
the City currently adhered to, for example, Article I, Sec. 5,
Reorganization of Officers, and Article V, Sec. 3, Election of
Mayor. Mayor Salamone questioned if it would be possible to bold
print the wording that was current. Mr. Kancilia advised that
Municipal Code would be consulted to determine if it was possible
to bold print portions of the Charter.
City of Cape Canaveral, Florida
City Council Special Workshop Meeting
June 16, 1993
Page 2
There was discussion regarding how supplements to the Code would be
added in the future. Extensive discussion ensued regarding the
reasoning behind revising the outdated ordinances and Charter
through the recodification and supplement processes.
Mayor Salamone advised that she did not have a copy of Florida
Statutes, Chapter 166, and requested same. Mr. Kancilia stated
that basically Chapter 166 provided that municipalities had all
powers that had not been specifically reserved to the State. He
stated that the Charter had been written at a time when
municipalities only had powers granted to them by special act and
the Charter was a special act. Mayor Salamone expressed her
concerns regarding the importance of the Charter. Mr. Kancilia
stated that State law had superseded a number of provisions in the
Charter for the past twenty years. Discussion followed regarding
the provisions deleted from the City Charter due to conflict with
State law. Council would be given copies of all Florida Statute
chapters that were referenced in the City Charter.
There was discussion regarding Article V, Section 3, pertaining to
the election of mayor and mayor pro tem. The provisions included
in the section were historical and related to the manner of
election and would have to be placed as a referendum issue in order
to be amended.
There was discussion relative to Article VI, City Manager, Section
1, Appointment of the City Manager. Mayor Salamone questioned if
a residency requirement could be added for the City Manager. Mr.
Kancilia stated that there was case law regarding residency
requirements and it had been found unconstitutional to require
residency of appointed officials.
Mayor Salamone stated that there were three different versions
included in the Charter and ordinances which provided for
appointment of another person due to the City Manager's absence or
sickness. Mr. Boucher stated that there was an ordinance which
provided that the City Clerk would serve as City Manager during his
absence. Mrs. Calvert suggested appointing a Deputy City Manager.
Mr. Kancilia stated that wherever ordinances conflicted with the
Charter, the Charter would take precedence. Ms. Miller advised
that Section 2 -102 of the Code of Ordinances, provided that the
City Clerk "may be deputy city manager ". Mr. Kancilia stated the
provision did not conflict because of the "may" language. Mrs.
Calvert stated that there should always be a "deputy city manager"
to fall back on if the city manager was absent. Mr. Kancilia
stated that Council may want to delete any reference in the
ordinance to say that it may be one person or another and just have
the appointment as a continuing resolution. He stated that the
resolution should designate "the person" not "the position ".
After a ten - minute break, the meeting was reconvened.
There was discussion relative to Article IX, City Tax Assessor and
Article X, City Tax Collector. Mr. Boucher stated that the old
articles provided that the City Tax Assessor prepared tax maps,
assessed the properties, etc. Those provisions were statutory
responsibilities of the State and its counties.
There was discussion regarding the editor's notes included by
Municipal Code Corporation for clarification purposes on sections
that were editorially deleted. Mr. Randels felt that the editor's
notes provided a paper trail and a history of why certain sections
of the original Charter were amended or deleted.
• 1
City of Cape Canaveral, Florida
City Council Special Workshop Meeting
June 16, 1993
Page 3
Mayor Salamone questioned the section (Article XVI, Section 2)
which provided for a Budget Committee appointed by Council each
fiscal year. This section could be deleted by referendum. Council
asked that formal action to appoint a Budget Committee be placed on
the next Council workshop.
There was discussion regarding Article XXI, Elections, Section 7,
Registration Fee, whereby the City Clerk had added the word "Voter"
to the title of this section. Since this was a manner of election
provision it could not be changed. There was discussion regarding
Section 16, Referendum Ballot Form, which had obsolete wording
regarding the form of the ballot. The City Clerk would check with
Municipal Code to determine whether or not the wording could be
removed.
There was discussion regarding Article XXIV, Miscellaneous,
Sections 5 and 6, which included language that conflicted with
State law. Mr. Kancilia stated that he would check with Municipal
Code to determine if these sections could be amended because there
was a provision that allowed for removal of wording from a Charter
which violated State law or constitution.
There was general discussion regarding whether or not changes to
the Charter should be placed as a referendum issue on the November
ballot.
There was discussion regarding Article XXIV, Miscellaneous, Section
7, Investigative Procedures, regarding wording that the City
Manager wanted added to allow that only an "appointed" officer or
employer could be investigated by the City Council or appointed
advisory board. Mayor Salamone felt that the wording should remain
that "any" officer or employee could be investigated by the City
Council or appointed advisory board. Mr. Boucher explained why he
felt that the wording should refer only to "appointed" employees.
Mr. Kancilia felt that it was dangerous to leave the wording intact
because of potential liability problems with Council appointing
investigation committees to do things which may breach union
contracts.
There -bei g°,no:',
er..business, the meeting adjourned at 8:02 P.M.
Faith. G. Miner,- 5•'_ AAE
City Clerk