P1  AGENDA Charter Review Committee Thursday, September. 23, 2021 5:30 pm Town Office  1. 2. 3. 4.  CALLTOORDER PLEDGE OF ALLEGIANCE ROLLCALL INTRODUCTION OF MEMBERS themselves tot the Committee. SUNSHINE LAW) REVIEW attached to the agenda.  Permanent Record/Scan Copy  A complete list of Committee members is attached to the agenda. Each member is asked to self-introduce  5.  City Attorney Morris Richardson will provide a review on the Florida Sunshine laws, a copy of which is  6. 7. 8.  ORGANIZATION OF CHARTER REVIEW COMMITTEE The Committee. is askedt tos select a Chair and Vice-Chair. A copy oft the meeting schedule is attached1 tot the agenda. INITIAL: REVIEW OF CURRENT CHARTER  MEETING SCHEDULE  City Attorney) Morris Richardson will provide ar review oft the current Charter, which is attached to the  agenda. PUBLIC COMMENTS 10. ADJOURNMENT  9.  Ifani individual decides to appeal any decision made by the Town commission withi respect to any matter consideredat this meeting, ai record oft the proceedings will be required and the individual will need to ensure. that a verbatim transcript ofthe proceedings is made, which recordi includes the testimony ande evidence upon which the appeal is based (FS2 286.0105). Such! person must provide Inc accordance with the. Americans. Disabilities Act and Section 286.26, Florida. Statutes, persons needing special accommodations) for this meeting shall, within ai reasonable time prior to the meeting, contact the Ofice ofthe Town Clerk (321)  ai method for recording the proceedings verbatim.  723-8300.  Y-AGENDASICommissiontPrior YearsIFY 18-19120210923 charter review committee.docx    P2  2  ) 6    :  P3  Prospective* Charter Review Committee  Meeting Schedule  First Meeting Thursday, September 23, 2021, 5:30 p.m.  Thursday, October 21, 2021, 5:30 p.m. Thursday, November 18, 2021, 5:30 p.m. Thursday, December 16, 2021, 5:30 p.m. Thursday, January 20, 2022, 5:30 p.m.  Note: Charter recommendations to Town Commission  Completed by April/May 2022.  *Can be re-organized by Charter Chairperson    P4  PARTI  CHARTER  ARTCIEI-CRFATONA AND POWERS  SECTION 1.01. CREATIONAND POWERS OF THE TOWN.  The Town ofMelbourne Village in Brevard County, Florida, incorporated May 13, 1957 under Chapter 57-1578, Special Laws of Florida, shall have all powers possible for a municipality to have under the constitution and Laws oft the State of Florida as fully and completely as though they were enumerated! in detail under this charter, in addition to any powers specifically sO enumerated.  SECTION 1.02. CORPORATELIMTS.  The following area shall constitute the corporate limits of the Town of Melbourne Village,  hereafter known as the' Town:  The Southwest one-quarter (SW 1/4) of the Northeast one-quarter (NE 1/4); the Southwest one-quarter (SW 1/4); the West one-half (W 1/2) ofthe Southeast one-quarter (SE 1/4, all in Section 31, Township 27 South, Range 37 East; Lots 25 and 26 of Florida Indian River Land Company Subdivision of Section 6, Township 28 South, Range 371 East, as found recorded inl Book 1, page 164; the West one-half(W 1/2) of] East one-half(E 1/2) of the Northwest one-quarter (NW 1/4) of Section 6, Township 28 South, Range 37 East: Lot 23 of Fiorida Indian River Land Company Subdivision of    P5  Section 6, Township 28 South, Range 37 East, as found recorded in Book 1, at page 164, all situated  inl Brevard County, Florida.  SECTION1.03. INTERGOVERMMENTAL. RELATIONS.  The Town may exercise any ofits powers or perform any ofits functions, and may participate int the financing thereof, jointly ori in cooperation, by contract or otherwise, with any one or more: states or agencies thereof, other counties or municipalities of the United States or agencies thereof, or  agencies ofthel Federal Government, to the fullest extent permitted byl Law.  * Editor's note: Charter adopted by referendum onl November 4, 1980; effective November 13, 1980,  SECTION1.04. CONSTRUCTION.  The powers of the Town under this charter shall be construed liberally in favor oft the Town, and the specific mention of particular powers in this charter shall not be construed as limiting in any  way the general powers stated in this article.  ABIGHI-TORCONIRSNON  SECTION2.01. GENERALPOWERS, ANDDUTIES.  All powers of the Town shall be vested in the Town commission, hereafter known as the commission, except as otherwise provided by law or provisions of this charter, and the commission  2    P6  CHARTER  shall provide for the exercise thereof and for all duties and obligations imposed on the' Town byl law. The commission shall make provisions to secure the general health, safety and welfare oft the Town and its citizens. This enumeration of certain powers and duties does not in any way exclude any and all  powers ofthe Town as granted by the constitution and laws oft the State ofFlorida.  SECTION2.02. COMPOSTTIONANDS OUALIFICATIONS  (1) The' Town shall be governed by a commission consisting of(7) seven members, elected by the qualified voters ofthe' Town at large. Included int this number is the mayor-commssioner, hereafter  known as the mayor.  (2) Members oft the commission shall have been residents oft the Town for at least (1) one year  prior to the date of qualification for office, and shall have the qualifications ofa Town elector.  Electors may qualify for the seat of either the mayor or a commission member. All qualifications and elections for the office shall be conducted on a nonpartisan basis, without regard for, or designation of, political party affiliation of any nominee on any nomination petition or ballot.  SECTION2.03. JUDGE OF QUALIFICATIONS.  The commission shall bet thej judge oft the election and qualifications of candidates.  3    P7  MEBOURNE VLLAGE  SECTION2.04. TERMS..  Commission members, including the mayor, shall serye for terms oft two (2) years or until their successors are elected and qualified, except when elected to fill vacancies with unexpired terms ofl less than two (2) years. Terms of office shall be staggered so that at least three (3) commission members shall be elected each year. There shall be no restriction on the number of terms for which a member  may! ber re-elected.  SECTION 2.05. VICEMAYOR.  Annually, at the first regular meeting following the Town's regular election, the commission shall elect from among its members a vice mayor. He shall preside at meetings during the temporary absence of the mayor, and as interim mayor in the event the office of the mayor becomes vacant, pending election ofai mayor by the commission under provisions of Sec. 2.07 ofthis Article.  SECTION:2.06. MAYOR.  The mayor shall qualify and runt fort the oflice ofmayor for a term oftwo years. He shall bei the presiding officer and a voting member of the commission. The mayor is recognized as head of the Town for ceremonial purposes and for the purpose of civil process and for purpose of military law. Ther mayor shall appoint all Town employees and appointive administrative officers, and members to all Town boards and committees, subject to the advice and consent of the commission. When deemed  4    P8  CHARTER  necessary for the good oft the Town, the mayor may temporarily suspend or remove any employee or appointive officer, except as otherwise provided by law and make temporary appointments to fill vacancies, reporting his action and reasons therefor to the commission at the next regular or special commission meeting for its approval or rejection. He shall have general supervision and control over all Town officers and employees, except members oft the commission and, with similar exceptions, may at all times examine into the conditions of their respective offices, books, papers and records therein, and the manner of conducting their official business, and may call upon any officer or employee for information in any matter pertaining to his office, shall communicate to the commission such information and recommend such measures as may in his judgement tend to the improvement and bei in the best interest of the Town. He shall not have the power to appoint or suspend members of the commission. The mayor may authorize any administrative offiçer who is subject to his direction and supervision to exercise stated powers with respect to subordinates in that officer's department, office or agency. The mayor shall, in conjunction with the members of the commission, insure that all laws, ordinances and provisions oft this charter are faithfully executed. He shall execute all legal instruments to which the Town is aj party as the commission may direct, unless otherwise provided by charter or by law. He shall present to the commission the annual budget int the form prescribed by charter or by law. He may convene special commission meetings and workshops. He shall be an ex officio member of Town committees and boards, with the exception of the board of adjustment; but is not obligated to attend meetings, is not counted in determining ifa quorum is present, and may not preside or vote.  )  5    P9  MELBOURNE VLLAGE  SECTION 2.07. VACANCIES: FORFEITURE OF OFFICE: FILLING OF VACANCIES.  (1) Vacancies: The offiçe ofa commission member, including that oft the mayor, shall become vacant upon his death, resignation, removal from office in any manner authorized by law or forfeiture ofoffice, such forfeiture to be declared only by thei remaining members ofthe commission.  (2) Forfeiture of office: The commission shall declare a commission seat forfeited if a  commission member:  (a) Lacks at any time during the term of his office any qualifications for office  prescribed by this charter or by law;  (b) Violates any express prohibition ofthis charter;  (c) Misses three (3) consecutive regular scheduled meetings of the commission  without being excused by the commission;  (d) Ceases to residei int the' Town; (e) Isnol longer qualified as a' Town elector.  Injudging the grounds for forfeiture of office the commission shall have the power to subpoena witnesses, administer oaths and require the production of evidence. A member of the commission charged with conduct constituting grounds for forfeiture oft the office held by such ai member shall be entitled to a public hearing on demand, and notice of such hearing shall be published at least one (1) week in advance oft the hearing. Decisions made by the Town commission under this section shall be  subject to review by the courts.  6    P10  CHARTER  (3) Fillingofvacancis: Ifmore than ninety (90) days remain int thet term ofoffice, a vacancy in the office of commission member or mayor shall be filled by affirmative vote of not less than a majority of the remaining membership within sixty (60) days from the date on which the vacancy occurred with any qualified elector, who shall serve until his successor is elected by the Town electors at the next regular Town election to fill the unexpired term, ifany, of the commission member whose vacancy is being filled. In the event the mayor's office becomes vacant the vice mayor shall become interim mayor with full powers and duties ofthe mayor as provided by this charter, pending election of amayor by the commission to serve until his successor is elected by the Town electors at the next regular Town election to fill the unexpired term, if any, oft the: mayor's ofice whose vacancy is being filled. The service oft the vice-mayor in the capacity of mayor during the interim vacancy in the office ofmayor shall not create a vacancy in the office of the vice-mayor. Ifthe vacated seat is that oft the vice mayor, upon election of a new commission member, the commission shall elect one of their  members tol hold the position so vacated.  Ifless than ninety (90) days remain in the term of office, the commission members may elect  not to fill the vacancy as ani interim measure.  (4) Extraordinary vacancies: In the event of multiple vacancies which reduce the actual membership to less than four (4), the Governor oft the State shall appoint an interim commission that shall call a special election to be held not sooner than sixty (60) days nor more than ninety (90) days following the appointment of the interim commission. Said interim commission may, by emergency  7    P11  MEBOURNE UILAGE  ordinance, establish procedures for said election, where in their opinion, the same are necessary, to  effectuatei intention ofthis charter.  SECTION2.08. COMPENSATIONAND EXPENSES.  Members oft the commission, including the mayor, shall serve without salary. The commission may approve payment of actual and necessary expenses incurred by members in the performance of  their duties ofoffice.  SECTION2.09. PROCEDURES.  (1) Meetings: The commission shall meet at the' Town Hall at such times asi it may prescribe, but in no event less than once each month. All meetings shall be open to the public. Special meetings limited to subjects specified in the call may be convened by the mayor, or by three (3) members oft the commission and, when practicable, upon not less than twelve (12) hours notice to each commission  member and thej public.  (2) Rules and journal: Transactions of business in meetings, and the duties of officers in connection therewith, will be governed by Robert's Rules of Order (latest revision) which shall be the commission's parliamentary authority. The commission shall keep written minutes of all regular and  special meetings, which shall be aj public record.  8    P12  CHARTER  (3) Voting: Four (4) members of the commission constitute a quorum, and no action ofthe commission shall bei binding or valid unless adopted by the affirmative vote ofar majority ofthe quorum present, except that five (5). members must vote affirmatively to enact an emergency ordinance. AlI actions of the commission shall be taken by ordinance, resolution or motion. Voting on ordinances, resolutions, the expenditure of money, and as requested by a member on other items, shall be by roll  call and shall be entered in the minutes.  SECTION2.10. BOARDS AND COMMITTEES.  (1) The commission shall establish boards and committees which shall be advisory except as otherwise specified. Members shall be residents oft the Town, appointed by the mayor with the advice and consent of the commission, with such terms and method of reappointment as established by the commission. Appointments shall be without compensation, terminable at the pleasure of the commission. No contractual or fiscal authority shall be delegated to boards or committees except as  may be authorized by ordinance.  (2) The commission shall define the functions, duties and responsibilities of each board by  ordinance.  9    P13  MELBOURNE VILLAGE  SECTION2.11. ACTIONS REQUIRINGANORDMANCE:  In addition to other acts required by law or by specific provisions this charter to be done by  ordinance, those acts ofthe' Town commission shall be by ordinance which: (1) Establish the Town budget for the forthcoming fiscal year.  (2) Provide for ai fine or other penalty, or establish a rule or regulation for violation of which a fine or  other penalty isi imposed.  (3) Levy taxes authorized by general law. (4) Grant, renew or extend ai franchise.  (5) Set service or user charges for municipal services or grant administrative authority for such  charges.  (6) Authorize the borrowing of money not inconsistent with the limitations established in the  constitution and general laws ofthes state.  (7) Convey, lease or authorize by administrative action the conveyance or lease or any lands of the  Town.  (8) Amend, revise or repeal any ordinance previously adopted, except as otherwise provided herein.  Acts other than those referred to in the preceding enumeration may be done either by ordinance,  resolution or motion.  10    P14  CHARTER  SECTION2.12. ORDINANCESAND RESOLUTIONSI IN GENERAL  (1) Form: Every ordinance or resolution shall be introduced in writing and in the form required for final adoption. Each ordinance shall contain but one subject and matters properly connected therewith, which shall be clearly stated in its title. No ordinance shall be revised, amended orr repealed by reference toi its title only, ordinances to revise or amend shall set out ini full thei revised or  amended act or section or subsection or paragraph ofas section or subsection.  (2) Procedure: An ordinance may be introduced by any member of the commission at any regular or special meeting. Upon introduction of any ordinance a copy shall be distributed to each commission member and ai reasonable number of copies shall be available in the Town oflice and such other public places as the commission may designate. A proposed ordinance shall be read on at least two (2) separate days. The first reading shall be in full, and the second may be by title or in full. Ordinances shall, at least seven (7) days prior to adoption, be noticed once in a newspaper of general circulation int the' Town and be noticed on the Town bulletin board. The newspaper notice of proposed enactment shall state the date, time and place oft the meeting, the title or titles of proposed ordinances, and the place within the Town where such proposed ordinances may be inspected by the public. Said notices shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. A proposed ordinance may be amended or revised at either meeting. However such ordinance shall not be amended or revised sO as to change its intent without a full  reading at least one (1) week later.  11    P15  MELBOURNE VLAGE  (3) Adoption: Four members oft the commission shall constitute a quorum, and an affirmative vote of a majority of a quorum present shall be necessary to enact any ordinance or adopt any resolution, except that an affirmative vote of five members of the commission is required to enact an emergency ordinance. On final passage the result of the vote shall be entered on the official record of  the meeting.  (4) Effective date: All ordinances or resolutions shall become effective upon passage, unless  otherwise specified therein.  SECTION2.13. AMIERGINCYORDMANCIS  (1) Purpose: To meet a public emergency affecting life, health, property or the public peace, the commission may adopt one or more emergency ordinances, but such ordinances shall not levy taxes; grant, renew or extend a franchise; set service or user charges for any municipal service or authorize the borrowing ofmoney except as provided under the emergency appropriation provisions of Article VI, Financiall Procedures, ofthis charter; or enact or amend land use plans or rezone private real  property.  (2) Form: An emergency ordinance shall bei introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly stated in the preamble that it is an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and  describing iti in clear and specific terms.  12    P16  CHARTER  (3) Procedure: An emergency ordinance may be adopted on a single reading with or without amendment, or rejected at the meeting at which it isi introduced. Emergency ordinances shall become  effective upon adoption or at such other date as may be specified in the ordinance.  (4) Repeal: Every emergency ordinance, except emergency appropriations, shall automatically stand repealed as ofthe sixty-first (61) day following the date on which it was adopted, but this shall not prevent re-enactment oft the ordinance under regular procedures or, ifthe emergency still exists, in the manner specified in this section. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of  emergency ordinances.  SECTION2.14. CODES OETIAGINECALRKGILATONS  The commission may adopt any standard code of technical regulations by reference thereto in ans adoptingordinance. Thej procedure and requirements governing such an enacting ordinance shall be as prescribed for ordinances generally, except that the requirement for filing copies of the ordinance shall be construed to include copies of the code of techniçal regulations as well as of the adopting ordinance, and a copy of each adopted code of technical regulations as well as of the adopting  ordinance shall be duly authenticated and recorded.  13    P17  MELBOURNE VILLAGE  SECTION2.15. AUTHENTICATIONAND RECORDING: CODMICATON:IRIMING (1) Authentication and recording: The mayor and the Town clerk shall authenticate by  signature, under the Town seal, all ordinances and resolutions adopted by the commission.  (2) Official records indexed: The Town cierk shall keep properly resolutions and copies of codes oftechnical regulations having the force and effect oflaw. This compilation shall constitute and be designated the "Code of Ordinances of the Town of1 Melbourne Village, Florida," and may be sO  cited. Such Code may also be cited as the' Melbourne Village' Town Code."  (3) Codification: Within two (2) years after the effective date oft this revised charter, and at least once every five (5) years thereafter, the commission: shall provide fort the general codification ofa all Town ordinances and resolutions have the force and effect oflaw. The general codifiçation shall be adopted by ordinance and shall be published promptly in bound or loose-leaf form, together with the charter and any amendments or revisions thereto, pertinent provisions of the constitution and other state. laws, and such codes oft technical regulations and other rules and regulations as the commission  mays specify.  (4) Printing ofordinances and resolutions: The commission shall cause each ordinance and resolution having thei force and effect oflaw and each amendment to this charter to bej printed promptly following its adoption, and the printed ordinances, resolutions and charter amendments shall be distributed to' Town officers. Copies may! be purchased by the public at a reasonable price fixed by the  commission.  14    P18  CHARTER  ARTICLEIL ADMINITRATVEOITICES  SECTION3.01. GENERAL PROVISIONS.  (1) Thec commission: may establish or discontinue departments, offices or agencies oft the Town in addition to those created by this charter, and may prescribe the functions of all such departments,  offices or agencies.  (2) Officers and employees shall be appointed by the mayor, with the advice and consent oft the commission, and shall hold office during the pleasure of the commission, at such salaries as may be fixed byi it, and may be discharged from office or position by the commission at anytime, except where provided by law or charter. The commission shall have the power to prescribe the duties and responsibilities ofa all such officers and employees oft the Town except those prescribed by law.  SECTION3.02. TOWN ATTORNEY.  There shall be al legal oficer appointed who shall serve as legal advisor to the commission, and all Town departments, offices and agencies. The legal officer shall also represent the Town in legal proceedings and shall perform such other duties as are prescribed by this charter or by ordinance.  15    P19  MELBOURNE MLAGE  SECTION3.03. TOMNCIRKIBFASIRES  There shall be a Town clerk-treasurer appointed whose primary duties include, but are not limited to, administering the daily functions oft the Town office, giving notice of commission meetings, maintaining the journal of the commission, preparing reports of financial transactions and Town activities, peromingaccounting: and bookkeeping functions ofthe' Town's financial activities, and such  other duties as may bej prescribed byt the commission.  ARTICLEIV. ELECTIONS  SECTION 4.01. QUALIEICATIONS.  Any person who is a resident of the Town and registered through the Brevard County Voter  Registration System shall be an elector ofthe' Town.  SECTION 4.02. REGULATINGORDINANCE.  The laws, rules and regulations for the registration of voters and for holding and certifying regular and special municipal elections shall be prescribed by Town ordinance, the same not to be in conflict with the general laws of the State of Florida relating to elections and registration of persons  qualified to vote therein.  16    P20  CHARTER  SECTION 4.03, TIMEANDI MARNEROEEIACTIONS  Regular Town elections shall be held on the first Tuesday after the first Monday in November ofeach year. Candidates for the' Town Commission, shall run at large, and the candidate for the office of mayor shall also run at large. Elected members shall take office at the first regular commission  meetingi immediately following the election.  SECTION 4.04. INITIATIVEAND REFERENDUM.  The electors oft the Town shall have thej power toj propose ordinances to the commission and, if the commission fails to adopt aj proposed ordinance without substantive change, to adopt or reject it at a Town election. The electors of the Town shall have the power to require reconsideration by the commission of any adopted ordinance and, if the commission fails to repeal an ordinance so reconsidered, to approve or reject it at a' Town election, No power specified in this article shall extend to the budget or to any ordinance. relating to appropriation ofr money, to any levy oftaxes, or to salaries ofTown officers or employees. The commission, by ordinance, shall provide a system for the exercise oft the powers granted by this article to the' Town electors. The ordinance shall provide that petitions for the exercise oft these powers must be signed by not less than twenty-five percent (25%) ofthet total  number of qualified electors registered to vote at thel last regular Town election.  17    P21  MELBOURNE VLLAGE  SECTION4.06. RECALLELECTION.  Any member of the commission may be recalled by the electors of the Town. Grounds for recall are limited to: malfeasance; misfeasance; neglect of duty; drunkenness; incompetence and  permanent inability toj perform official duties.  Petitions for recall shall name the person to be recalled, contain a statement of grounds for recall in not more than 200 words, and be signed by not less than twenty-five (25%) of the total number of qualified electors registered to vote at the last regular Town election. The commission shall by ordinance establish standards and procedures for conducting a recall election, the same not to bei in  conflict with State laws.  SECTION4.06. OATHOFC OFFICE.  Before entering upon the discharge oft their duties, elected officers shall take before an officer  authorized to administer oaths, an Oath ofOffice substantially int the following form:  "I,  do solemnly swear (or affirm) that Iwill  support, protect and defend the Constitution of the United States and oft the State ofFlorida, and the Charter and Laws of the Town of Melboume Village against all enemies, domestic or foreign, and that I will bear faith, loyalty and allegiance to the same; that I will faithfully perform all the duties ofthe office  18    P22  CHARTER  of_  in the' Town of Melbourne Village, upon which  Iam about to enter, sol help me God."  ARICIEV-FIANNING, AND ZONING  SECTION5.01. COMPREHENSIVEFIAN.  (1) Content: The commission shall adopt, and may from time to time modify, a comprehensive plan setting forth in graphic and textual form policies to gover the future physical development ofthe Town. Such plan may cover the entire Town and all its functions and services or may consist of a combination of plans govering specific geographic areas which together cover the  entire' Town and all ofits functions and services.  (2) Adoption: Upon receipt from the planning and zoning board of a proposed comprehensive plan or proposed modification of the existing plan, the commission shall consider the recommendations and shall hold aj public hearing on the proposed comprehensive plan or modification  thereofand may thereafter adopt it byr resolution with or without amendment.  (3) Effect: The comprehensive plan shall serve as a guide to all future commission action concerning land use and development regulations, expenditures for capital improvements, and urban  renewal programs.  (4) Review: This comprehensive plan shall be reviewed at least every three (3); years.  19    P23  MELBOURNE MILLAGE  SECTION 5.02. IMPLEMENTATION OFTHE COMPREHENSIVEPIAN.  (1) Land use and development regulations: The commission may, by ordinance, adopt land use and development regulations, including but not limited to an official map and zoning and  subdivision regulations.  (2) Urban renewal: The commission may, by ordinance, provide for redevelopment, rehabilitation, conservation and renewal programs for: (a) the alleviation or prevention of slums, obsolescence, blight or other conditions of deterioration, and (b) the achievement of the most  appropriate use ofland.  (3) Commission action: Before acting on any proposed ordinance concering land use and development regulations, urban renewal or expenditures for capital improvements where such ordinance refers to a matter covered by the comprehensive plan, the commission shall refer the proposal to the planning and zoning board, which shali, within the time specified by the commission and prior to the public hearing on the proposed ordinance, report its recommendations thereon. Upon adopting any such ordinance, the commission shall make findings and report on the relationship between the ordinançe and the comprehensive plan and, in the event the ordinance does not accord witht the comprehensive plan, the plan shall be deemed to be amended in accordance with such findings  and report.  20    P24  CHANTEN  SECTION5.03. PLANNINGAND ZONINGBOARD.  The commission shall by ordinance establish a planning and zoning board which shail make recommendations to the commission on all matters affècting the physical development and improvement oft the Town, or any portion thereof, and the location of parks, streets, playgrounds and public works within the Town, and for the adoption of zoning regulations. The board shall constitute thel Local Planning Agency for the Town regarding the development, implementation and modification ofac comprehensive plan as provided in Sec. 5.01 and 5.02, and shall exercise all other responsibilities  ast may be prescribed byl law.  SECTION5.04. BOARD OF ADJUSTMENT.  The commission shall by ordinance establish a board ofa adjustment and shall provide standards and procedures for such board to hear and decide appeals from administrative decisions, petitions for variances int the case of peculiar and unusual circumstances which would prevent the reasonable use of land and such special exceptions as are specifically authorized under the terms oft the zoning ordinance  and state law.  21    P25  MELBOURNE VILAGE  ARTICLEVI. FINANCIALI PROCEDURES  SECTION 6.01. FISCALYEAR.  The fiscal year of the Town shall begin on the first day of October and end on the last day of  September.  SECTION 6.02. SUBMISSION OF BUDGET AND BUDGETMESSAGE.  Thel Finance committee shall submit tot the commission ati its first meeting in. July of each year a  proposed budget for the ensuing fiscal year and an accompanying message.  SECTION 6.03. BUDGETMESSAGE  The message shall explain the proposed budget both in fiscal terms and in terms of the work programs. It shall outline the proposed financial policies of the Town for the ensuing fiscal year, 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' Town's debt position andi include such other material as thel Finance committee deems appropriate.  22    P26  CHARTER  SECTION6.04. BUDGETI FORMAND CONTENTS.  The proposed budget shall provide a complete plan of all Town funds and activities for the ensuing fiscal year and shall bei ins such form as the commission shall designate. The organization ofthe budget shall show the breakdown of anticipated revenue and budgeted expenditures by the categories used by the Town in its accounting format with necessary annotations for clarifications. The budget shall be so arranged as to show comparative figures for actual and estimated income and expenditures  for thej previous fiscal year. It shall indicate in separate sections:  (1) Proposed expenditures for current operations during the ensuing fiscal year, detailed by offices and departments in terms of their respective programs, and the method proposed of financing  such expenditures.  (2) Proposed capital expenditures during the ensuing fiscal year detailing by office, department  or project the proposed method oft financing each such capital expenditure.  SECTION6.05. COABIBSPMACIONPEINOAN BUDGET,  (1) Notice and hearing: Following a review of the proposed budget the commission shall publish a notice indicating the time and place where copies of the message and proposed budget are available for inspection by the public; and the time and place, not less than two (2) weeks following  such publication, for aj public hearing on the budget.  23    P27  MELBOURNE VLLAGE  (2) Amendment before adoption: After the public hearing, the commission may adopt the budget with or without amendments. In amending the budget it may add or increase programs or amounts, and may delete or decrease any programs or amounts, except expenditures required by law or for debt service or for estimated cash deficits, provided that no amendment to thel budget shall increase  the estimated expenditures to an amount greater than the total of estimated income.  (3) Adoption of budget: The commission shall, by ordinance, adopt the budget on or before the last day of September of each year. Ifit fails to adopt the budget by this date, the amounts appropriated for current operations for the fiscal year shall be deemed adopted for the ensuring fiscal year on a month-to-month basis, with all items in it prorated accordingly, until such time as the  commission adopts al budget for the ensuing fiscal year.  SECTIONG 6.06. EFFECTOFI FINALBUDGET: TAXLEVY.  From the effective date ofthef final budget the amounts stated therein as proposed expenditures shall be and become appropriated to the designated purpose and objects, and the amounts stated therein as amounts to be raised by taxes shall constitute determinations oft the amount oft tax levies for Town government purposes for the fiscal year. Taxes sO levied shall be enacted by resolution upon  adoption ofthe final budget.  24    P28  CHARTER  SECTION6.07. AMENDMENTSAFTERADOPTION,  (1) Supplemental appropriations: If, during the fiscal year the Finance committee certifies that there are available for appropriation revenues in excess of those estimated in the budget, the commission by ordinance may make supplemental appropriations for the year up to the amount ofsuch  excess.  (2) Emeenseperoriaions: Tomeet aj public emergency affecting life, health, property or the public peace, the commission may make emergency appropriations. Such appropriations may be made by emergency ordinance in accordance with provisions of section 2.13 of this charter. To the extent that there are no available unappropriated revenues to meet such appropriations, the commission may be such emergency ordinançe authorize the issuance ofe emergency notes, which may be renewed from time to time, but the emergency notes and renewals of any fiscal year shall be paid not later than the last day oft the fiscal year next succeeding that iny which the mergentyaPpropnaton was made.  (3) Reduction ofappropriation: If, at any time during the fiscal yeari it appears probable that the revenues available will be insufficient to meet the amount appropriated same shall be reported to the commission by the Finance committee without delay. Such report shall indicate the estimated amount oft the deficit, and indicate appropriate remedial action. The commission shall then take such action as it deems necessary to prevent or minimize any deficit, and for that purpose it may, by  resolution reduce one (1) ormoreappropriations  25    P29  MELBOURNE VILLAGE  (4) Transfer between appropriations: At any time during the fiscal year the commission may, by resolution, transfer part or all of any unencumbered appropriation balance from one department,  office or program to another.  (5) Limitations; effective date: No appropriation for debt service may be reduced or transferred except that such reduction or transfer be surplus. No appropriation may be reduced below any amount required by law tol be appropriated by more than the unencumbered balance thereof. The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by  this section may be made effectivei immediately upon adoption.  SECTION 6.08. LAPSEOF APPROPRIATIONS  Every appropriation, except appropriation for capital expenditure or balance thereof, shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. An appropriation for a capital expenditure shall continue in force until the purpose for which it was made has been accomplished or abandoned; the purpose of any such appropriation shall be deemed abandoned if three (3) years pass without any disbursement from, or encumbrance of, the  appropriation.  26    P30  CHARTER  SECTION 6.09. BUDGETA ADMINISTRATIONS:  (1) Work programs and allotments: The Town commission is responsible for the administration oft the budget, and at such times as it shall specify, each department, office or agency shall submit work programs for the ensuring fiscal year showing the requested allotments of its appropriation by periods within the year. The Finance committee shall review such allotments and recommend toi the commission such allotments with or without revision as early as possible in the fiscal year. The Finance committee may recommend that the commission revise such allotments during the year ifit deems it desirable, and the commission shall revise them to accord with any supplemental,  emergency reduced, or transferred appropriations made pursuant to section 6.07.  (2) Payments and obligations prohibited: No payment shall be made or obligation incurred against any allotment or appropriation except in accordance with appropriations duly made and unless the Treasurer first certifies that there is a sufficient unencumbered balance in such allotment or appropriation, and that sufficient funds therefrom are or will be available to cover the claim or meet the obligation when it becomes due and payable. Any authorization of payment or incurring of obligation in violation oft the provisions oft the charter shall be void and any payment so made illegal; such action shall be cause: for removal of any offiçer who knowingly authorized or made such payment ori incurred such obligation, and he shall also be liable to the Town for any amount sO paid. However except where prohibited by law, nothing in this charter shall be construed toj prevent the making or authorizing of payments or making of contracts for capital improvements to be financed wholly or partly by the  27    P31  MELBOURNE VLLAGE  issuance ofbonds or to prevent the: making of any contract or lease providing for payment beyond the  end ofthei fiscal year, provided that such action is made or approved by ordinance.  SECTION 6.10. TAXAUTHORITY.  The commission shall have the full power and authority to levy taxes upon all property, privileges, and professions which are taxable in accordance with the laws of the State and of Town  ordinances.  SECTION 6.11. TAX ASSESSMENTANDCOLLECTION.  The commission is authorized to provide by ordinance for the assessment or collection, or both, ofTown ad valorem taxes by the Brevard County Tax Collector and Assessor. Taxes assessed against property shall constitute a lien against the property, and tax liens may be enforced and taxes  collected as authorized by law.  SECTION6.12. SPECIALASSIESSMENTS  The commission is authorized to provide improvements, and to levy and collect special assessments against the property benefitted as prescribed by Florida laws and Town ordinances. Special assessments against property shall constitute al lien against the property, equal in status to ai tax  lien, and may be enforced and collected as authorized by law.  28    P32  CHARTER  SECTION6.13. DEPOSITARIES AND INVESTMENTS.  Depositaries ofTown funds for demand deposit and time deposit accounts shall be selected by the commission. The policy for investments of Town funds shall be established by commission  resolution.  SECTION6.14. SURETY BONDING.  The commission shall establish which Town positions shall be bonded, and the amount ofs such  bond.  SECTION6.15. AUDITS.  The commission shall designate a qualified certified public accountant who shall make an independent audit ofaccounts and financial transactions ofthe Town government as oft the end ofe each fiscal year. Should the State ofl Florida make such an audit, the commission may accept such audit as  satisfying the requirement oft this section.  29    P33  MEBOURNE VILAGE  ARTICLE VI. GENERALPROVISIONS  SECTION7.01. SEPARABILINYCIAUSE,  Ifany section or part of section of this charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this charter nor the context in which such section or part ofs section sol held invalid may appear, except to the extent that an entire section or part ofas section may bei inseparably connected in meaning and effect with the section or part ofs section to  which such holding shall directly apply.  SECTION7.02. LEGALITY.  When any section of any article oft this charter is rendered invalid, ori is subsequently prohibited by federal or state laws, or by a decision of a court of last resort, the commission shall by resolution amend this charter and related ordinançe provisions to be in agreement with said legal decisions  without employing the provisions ofSec. 7.04 for amending the charter.  SECTION7.03. HEADINGSAND: SUBHEADINGS.  The headings and subheadings as used herein are: for reference purposes only and shall not be  construed to limit any oft the sections, paragraphs or provisions hereof.  30    P34  CHARTER  SECTION7.04. GIARTPRANERPMIRTEAND REVISIONS. This charter may be amended or revised in either oftwo ways:  (1) Initiation by ordinance: The commission may, by ordinance, propose amendments or revisions to any part or all of this charter, except prescribing boundaries, and upon passage of the initiating ordinance shall place the proposed amendment or revisions to a vote ofthe' Town electors at the next regular election held within the Town, or at a special election called for that purpose. Amendment ofboundaries resulting from annexation done in accordance with general law shall be by ordinance of the commission and shall not be subject to a vote of the electors except as provided by  general law.  (2) Initiation bypetition: The electors ofthe Town may propose amendments or revisions to this charter by written petition signed by at least twenty-five percent (25%) of the total number of  qualified voters registered to votei int thel last regular Town election.  (a) Form and content: All papers ofaj petition shall be uniform in size and style and: shall be assembled as one (1) instrument for fling. Each signature shall be executed in ink and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto  throughout their circulation the full text oft the proposed charter amendment.  (b) Affidavit of circulator: Each paper ofa petition shall have attached to it when filed an affidavit executed under oath by the circulator thereof stating that he personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in his presence, that he believes  31    P35  MELBOURNE MLAGE  them tot bet the genuine signatures oft the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text ofthe proposed charter amendment or revision. (c) Certification oft petition: Upon certification ofthe sufficiency of the petition by the Town clerk, such certification toi include the validity ofthei names on the petition as qualified voters registered to vote in the last regular Town election, the commission shall place the proposed amendment or revision to a vote of the electors not less than sixty (60) days after certification at a regular Town  election or at as special election called for such purpose.  Upon adoption of an amendment or revision to the Town charter by a majority oft the electors voting in a referendum, the commission shall have the amendment or revision incorporated into the charter and shall file the revised or amended charter with the Department of State, at which time the  revised or amended charter shall take effect.  SECTION7.05. STATEIAWSASAMENDD  All references to specific statel laws shall be construed to mean such state laws as amended.  SECTION7.06. PENALTIES.  Violations ofordinances shall be punishable in accordance with the uniform fines and penalties  set by general law and the ordinances ofthe Town.  32    P36  CHARTER  SECTION7.07. ETHICSCODE.  Elected officials and employees of the Town shall be subject to the standards of conduct for public officers and employées set by general law. in addition, the commission may, by ordinance, establish a code of ethics for officials and employees of the Town which may be supplemental to  general law, but whichi in no case diminish thej provisions of general law.  SECTION7.08. BIRDSANCTUARY,  All territory embraced within the corporate limits oft the Town shall be al bird sanctuary.  ARTICLE VII. TRANSITIONAL PROVISIONS  SECTION 8.01. FORMER CHARTER PROVISIONS: CONFLICT WITH GENERAL  LAWS.  All provisions of Chap. 57-1578, as amended, when not embraçed herein in original or modified form shall become ordinançes of the Town, subject to modification or repeal in the same manner as other ordinances; except that any provision in conflict with general laws of the State of  Florida is automatically repealed.  33    P37  MELBOURNE MILLAGE  SECTION 8.02. ORDINANCES AND REOLITONSIRISERVID  All Town ordinances and resolutions or parts thereof in effect upon the adoption of this charter, to the extent not inconsistent with it, shall remain ini force until modified or repealed as herein  provided.  SECTION8.03. ORDINANCESING CONFLICTWITHTHISCHARTER,  Any ordinance or parts of ordinances in conflict with this charter shall be amended to be in agreement with this charter, with the charter provisions prevailing pending modification or repeal of  said ordinance or parts of ordinances int the manner. herein prescribed.  SECTION 8.04. PENDINGI MATTERS.  All rights, claims, actions, orders, contracts and legal or administrative proceedings involving the Town shall continue and remain in full force and efect, except as modified pursuant to the provisions of this charter. All right, title and interest in property, real or personal, uncollected taxes due, claims, judgements, decrees, liens, suits, actions and choses in action, held or owned by the existing Town shall pass to, and the same are hereby vested in, the Town continued under this revised  charter.  34    P38  CHARTER  SECTION 8.05. OBLIGATIONSAND CONTRACTSNOTI MPAIRED.  No debt or obligation of contract oft the Town shall be impaired as a result of the adoption of this charter, but all such debts and obligations shall pass to and be binding upon the Town which is  hereby organized and continued.  SECTION 8.06. RIGHTSOFOFHICERSI MPLOTISANDAGFNTS  Nothing in this charter, except as otherwise specifically provided, shall affect or impair the rights or privileges of persons who are Town officers or employees at the time of adoption. Elected officers shall continue to hold their offices and discharge the duties thereof until their successors are  elected and qualified ast the result ofe either a special or regular election.  SECTION8.07. DMETOROrOROITmTANS  The commission shall have the power by resolution to delete from this Article any section, including this one, when all events to which the section to be deleted is, or could become, applicable  have occurred.  35    P39  MELBOURNE ULAGE  SECTION8 8.08. EFFECTIVE DATEOFTISCHARTER  This charter shall become effective when approved by the Town electors and filed with the Secretary of State ofFloridai int the manner prescribed by law, such filing to occur within seven (7) days  subsequent to the affirmative vote oft the' Town electorate.  36