The Inglis' Town Commission Regular Commission Meeting JUNE 14, 2022 @ 6:001 PM  Present Were:  Mayor White (ABSENT), Comm. S. Schwing (ABSENT) Comm. Young, Comm. J. Schwing, Comm. Tully Attorney Christopher. Anderson Secretary Cery Logeman Prayer & Pledge  Motion by Commissioner Joyce Schwing to modify agenda - Second by Commissioner Pat' Tully to modify agenda and move item 81 to item 1. Item 8 is the replacement of Scott Levesque as Commissioner. Motion by Commissioner Joyce Schwing to approve consent agenda with corrections: Financials present but minutes are not by Commissioner. J. Schwing Second by Commissioner Isaac Young.  TOWN AGENDA  1.1 DISCUSS SELECTING COMMISSIONER TOREPLACE COMMISSIONER SCOTT Motion by Commissioner Pat' Tully to consider Veronica Reardon as Town Commissioner to replace Motion by Commissioner Joyce Schwing to interview other individuals for the open Commission seat Attorney Christopher Anderson reviews Charter requirements for replacement of open Commission seat. Commissioner. Joyce Schwing asked. Attorney Christopher Anderson ift there are any guideline restrictions regarding the commissioners voting Veronica Reardon in tonight. Attorney Christopher Anderson states he is not aware ofany restrictions, but he would need to review to the guidelines for verification. Motion by Commissioner Joyce Schwing to place the nomination for Veronica Reardon on hold until guidelines can be verified by Attorney Christopher Anderson - Second by Commissioner Pat Tully. 2.ORDINANCES/RESRESOLUTIONS: READ INTO RECORD BY ATTORNEY CHRISTOPHER Attorney Christopher Anderson read Ordinance Number 05-22 for the second reading. An ordinance in the Town ofInglis FL: relating to an amendment of 50 or less acres of land to the future land use plan map oft the Town of Inglis comprehensive plan. Pursuant to an application CPA 22-01 by the property owners ofs said acreage under the amendment procedures established in Sections 163.3161 - 163.3248 Florida statute as amended providing for a change in land use classification from conservation (1 dwelling unit per 5 acres) to single family residential (1 dwelling unit per 1 acre) of certain lands within the corporate limits within the Town ofInglis FL providing severability, repealing all ordinances and conflict and  LEVESQUE  Commissioner Scott Levesque - Second by Commissioner Joyce Schwing.  Second by Commissioner Pat Tully.  Attorney Christopher Anderson questions residency dates for Veronica Reardon.  ANDERSON  providing an effective date.    Motion by Commissioner Joyce Schwing to accept Ordinance Number 05-22 concerning an amendment  tot the future land use plan map of the comprehensive plan. Vote taken by Town Clerk Cery Logeman Commissioner Isaac Young-) Yes Commissioner Joyce Schwing No Commissioner Pat Tully-No Motion denied 2-1  Attorney Christopher Anderson read Ordinance Number 06-22 for the second reading. An ordinance of the Town ofInglis FL amending the zoning map of the Town of Inglis land development regulations relating to the rezoning ofl less than 10 continuous acres of land pursuant to an application Z22-01 by the property owners of said acreage providing for rezoning from residential-conservation (RC-1)t toi residence (R-1) of certain lands within the corporate limits oft the Town of Inglis FL providing severability, Motion by Commissioner. Joyce Schwing to accept Ordinance! Number 06-22 concerning an amendment  repealing all ordinances and conflict and providing an effective date. to the zoning map ofthe land development regulations. Vote taken by Town Clerk Cery Logeman Commissioner Isaac Young- Yes Commissioner Joyce Schwing-N No Commissioner Pat Tully - No Motion denied 2-1  Attorney Christopher Anderson read Ordinance Number 2022-07 for the first reading. An ordinance relating to the provision of public services and facilities int the Town of] Inglis FL authorizing the imposition and collection of assessments against the property within the incorporated area within the Town ofI Inglis providing certain definitions and defining the term assessment, establishing the procedures fori imposing assessments, providing that assessments constitute al lien on assessed properties upon adoption of the assessment rule, providing that the lien for an assessment collected pursuant to Sections 197.3632 and 197.3635 Florida statutes. Upon perfection, shall attach to thej property on the prior January 1st the lien date for ad valorem taxes, providing that aj perfected lien shall be equal ini rank and dignity with the liens from all state, county, district or municipal taxes and assessments and superior in dignity to all other prior liens, mortgages, titles, and claims. Providing procedures for collection of assessments, providing ai mechanism for thei imposition of assessments on government property, providing for exemptions and hardship instances, repealing all prior conflicting ordinances, and providing Commissioner Joyce Schwing asked Attorney Christopher Anderson ifh he had found anything regarding the qualifications fora a candidate for commissioner. Attorney Christopher. Anderson states that Article5, Section 2 oft the charter pertains to the qualification ofcandidates says the time and manner of qualifying as candidate for the office oftown commissioner and for the office ofr mayor in any election shall be regulated by ordinance oft the Town of Inglis but only such qualified persons as herein provided for shall be eligible to become a candidate. Section 22-5 ofcode. says any qualified elector ofthe town may  an effective date.    qualify for any elective office oft the town upon meeting the requirements oft the section and then it goes on and says that part oft the oath you have to take to run in an election is that you do have to solemnly swear or affirm that I am at least 18 years of age, that Iam a resident oft the' Town of Inglis, that I am registered to vote in Levy County and that I am qualified to vote and hold office under the laws ofthe state of Florida and of the Town of Inglis. So, it says as a candidate you have to state under oath that you are qualified to vote int the' Town of Inglis which requires 61 months. The last provision that I would point out would be Article 2, Section 3 which is the one that specifically relates to filling vacancies. It says in the event ofa vacancy occurring for any reason whatsoever in the members of the town commission or the office oft thei mayor, except for the close of a regular term, shall be the duty oft the remaining members oft the town commission at thei next regular meeting or as soon thereafter as possible following the declaration of such vacancy to select a duly qualified citizen to fill said vacancy until the general election. And so, reading all oft that together, Iv would say to determine what "a duly qualified citizen" is, Iwould say that iti is both a qualified voter or somebody that would otherwise be qualified tol be a candidate. Commissioner Joyce Schwing asks Veronica Reardon ifs she has anything to say. Veronica Reardon states that per Levy County she is eligible to vote and would liket tol know where its states you have to be a resident for 61 months before you can vote. Attorney Christopher. Anderson states that Article 5, Section 3 of the Charter, it's titled Holding of Elections, thei first general municipal election and specifies when it was then it states no person shall be allowed to vote in any election who is not a qualified voter ofLevy County and who has not resided in the town for 61 months immediately preceding such election. And then itg goes on to say that the town commission shall prescribe by ordinance the method and manner of holding all elections ins said town and shall provide when and how special elections shall be called and held. Which are not provided by the terms oft this Charter and all elections shall be conducted substantially on the principal adopted for state elections in sO far as there are no conflicts with the terms Helen asked ift this ifjust for elections or for elections and appointments. Attorney Christopher Anderson answered that what Id didi isI read the portion that talked about appointments that used the phrase anybody can be appointed thati is a duly qualified citizen and I used the other provisions ofti the charter and codes to determine what that phrase means. Helen states that ifs she is already qualified to vote in) Levy County then I guess I am missing something. Attorney Christopher Anderson stated Ic don'tknow what else to Motion by Commissioner Joyce Schwing to put the commissioner appointment on the agenda for. July and asked Town Clerk Cery Logeman to advertise the open commission seat - Second by Commissioner Isaac  oft this Charter.  say.  Young.  Vote taken by Town Clerk Cery Logeman Commissioner Pat' Tully-No Commissioner Joyce Schwing- Yes Commissioner Isaac Young-Yes Motion approved 2-1  Commissioner Pat Tully asked if there is an ordinance that states that we. have to show up for our meetings and special meetings that we are supposed to be here since we are drawing aj paycheck from the town? Attorney Christopher Anderson states he thinks we talked about this int the last special meeting that there is a provision in the Charter that says its incumbent upon the commission to determine whether each member, whether it is the commission or the mayor, is in compliance with their obligations to the town. It's ultimately incumbent upon the commission to make that determination and ifthere is any kind of sanction or discipline that the commission would enforce, Ithink it has to bel by 4/5 ofai majority vote.    Commissioner Isaac Young asked ifthere is a guideline and Attorney Christopher Anderson states there ist not one. laid out in the Charter, it would be whatever the commission deems. Commissioner Joyce Schwing states she recalls it being different for the mayor versus the commissioners that the commission would vote ift they wanted to discipline a commissioner, but] Idon'tremember what the details were: for the mayor, but it wasn't the same. Attorney Christopher. Anderson states he doesn'tknow ifthis refers to the mayor but that Article 4, Section 2 states that judge of members qualifications for removal, thei town commission shall be the judge ofqualifications, election and return of its own members. Itmay enact rules and procedures and may prescribe penalties for the nonattendance or disorderly conduct ofi its members and enforce the same. With 4/5 of its members concurring, it may expel a member for improper  conducti in office.  3. JOE CAPPORELLI-CAPITAL CITYINVESIMENIS (ABSENT) 4. JEFF ADAMS- -JESUS IS MINISTRIES MISSION 5. EDUCATE COMMUNITY FOR HURRICANE PREPAREDNESS 2022  6.F FFY 2019 CDBG GRANT  7.1 REQUEST' TO WAITVE VARIANCE FEE: FOR 5FT CHAIN-LINK FENCE AT 101  HAMMOCK: ROAD  Motion by Commissioner Joyce Schwing to waive the $250.00 variance fee for 5ft chain-link fence at 101  Hammock Road Second by Commissioner Isaac Young. Vote taken by Town Clerk Cery Logeman Commissioner Pat' Tully - Nay Commissioner. Joyce Schwing - Yes Commissioner Isaac Young - Nay  Motion denied 2-1  8. APPOINT WAYNE CREWS TO CODE ENFORCEMENT BOARD  Motion by Commissioner Joyce Schwing to appoint Wayne Crews to Code. Enforcement Board - Second  by Commissioner Pat Tully. Vote taken by Town Clerk Cery Logeman Commissioner Isaac Young-) Yes Commissioner Joyce Schwing- Yes Commissioner Pat Tully - Yes Motion approved unanimously  9. THIRD PARTY BILL PAYMENT OPTIONS FOR WATER PAYMENTS    10. DAWN GURTNER REQUESTING SCHOLARSHIP FUND FOR NEEDY KIDS IN THE  AREA  Discussion with commissioners and audience without any motions  11. DISCUSS CONTRACT: REGARDING PROPERTY AT 25] HUDSON ST,] INGLIS FL34449 Commissioner Pat Tully asked Attorney Christopher Anderson if when aj property is foreclosed upon by the bank, does the bank get everything that is on that property. Attorney Christopher Anderson said his understanding when he came aboard is that there was already ai final judgment and public sale because no one bid on the property. There was no schedule as to how any personal property would be removed. It was on appeal, meaning that Mayor White had filed an appeal. One oft the first things I did when I came on and noted int that email, as well as a number of other places, was that there was 1 active case, and this was the 1 active case. The mayor had gotten elected about ai month beforel I came on and my attorney fee agreement provided that he was my supervisor because under the Charter all the mayors execute contracts solhad indicated at the time that ifthe town was gonna take any position whatsoever on that property that I was going tor recuse: myselfbecause regardless ofv what Ic didi it would look suspicious because he is my supervisor. Imade that clear either the first or second meeting and I'vet tried to: make that clear. I think one oft the things that you have was a communication or email that II had wherel Itried to: make that clear. Commissioner Pat Tully stated that she does have that. Commissioner Pat' Tully also stated that as far as appeals go, from what she sees the appeal was June 30, 2021, and he had 30 days. Attorney Christopher Anderson stated that it was extended ai numbered of times. Most district courts won't dismiss aj pleading or an action, they will give them time to file an initial brief. They went through a number of times, Ithink at one point int time, he sent a letter that the district court construed as an extension oftime of which they granted, but ultimately, they dismissed it earlier this year because he never filed an initial brief. The only reason II knew that is because somebody on behalf oft the town had to appear and again, my special appearance in the district court made clear that ifthere was an initial brief that the town was  going to file an answer brief that he was going toi retain other council.  PUBLIC COMMENTS DEPARTMENT REPORTS  Budget/Finance (Commissioner Tully) Financial report for the month ofl May 2022 Fire report for the month of May 2022  Maintenance/Road and Bridge Commisioer/Schwine) Public Works report for the month ofl May 2022 Road and bridge report for the month of May 2022  Water, Law Enforcement, Animal Control (Commissioner S Schwing)  Law Enforcement report for the month of] May 2022 Water report for the month ofl May 2022  Report Given by Cery Logeman Report Given by Cery Logeman    Health, Welfare and Recreation Commisionerlyoung, Recreation report for the month ofl May 2022  Planning, Zoning, Code Enforcement (Commissioner Vacant Seat)  Code Enforcement report for the month of May 2022 Report Given by Phillip' Thompson  PUBLIC COMMENTS  Attorney Christopher Anderson states that he was asked by the commissioners at the last meeting to look into the issue of rescheduling the elections to coincide with every other municipality. What] I have done I haven't drafted up the draft ordinance, but what I have done is propose right along with some ofthe changes that It think should be made. Most of them relate to changing the election from sometime in March to the first Tuesday in April which is what I think iti is and then the next meeting, the next' Tuesday would be when the mayor and commissioner coming in would be sworn in. Iwill schedule it for 5 o'clock sO that it could all be done before the 60 o'clock meeting day. So, that'st thei main thing, the only other thing that I wanted to do al little bit ofi is that there was a little bit of language that created al huge issue the last time wel had a special election. So, P've tried to eliminate that issue and basically said that an election had to bel held within 30 days oft the passage oft the enabling ordinance. The issue was that in talking to Ms.. Jones, who did an enormous amount of stufft to help us when we were bumping up against the special election that we had, what that did is that it created a timelinei that was impossible for us to do the qualification and notice that is required by the state statute, sO what I have done is Ihave eliminated that 30 day restriction SO1 that we. have plenty oft time to put on aj proper special election. So, those are the main things that Ihave done. Ican go ahead and hand it out to the commission and ift the commission is okay with it then I will go ahead and enforce an ordinance the next time, but with the draft, hopefully if you have some comments,; you can get with me and let mel know before then. Commissioner. Joyce Schwing asked. Attorney Christopher. Anderson ifhej just wanted them to get back with him individually and he replied, ifyou can. Due to the hour, it will be easier to do it that way. Commissioner Pat' Tully asked! him which way ist the cheapest way to contact him. He replied that he willl be happy to get off the phone earlier but ift there are no issues toj just email him. He replied, ift there are issues he is always happy to come early. He said one oft the things hes suggested a while ago is that hei is committed to come for the regular meetings every month and that is a set rate and that another way to save money that hel has tried to raise a number oftimes is that if we can get like ai mobile appearance that he can come for some oft the code enforcement meetings that I don'th have to drive out here, that will save al lot ofr money too. So, those are the things that Iknow, there was an issue with thei internet, but if that can be setup in a way that] I can appear remotely. Commissioner Joyce Schwing advised it should be setup shortly. Attorney Christopher Anderson states that would be one way to save money and hei is always wanting to save) you guys money as much as possible because ultimately that means I can bill for clients that have al higher rate for what I  bill.  Attested By: Town Clerk  Approved By: Mayor  Transcribed by Tammy Ballinger, Accounts Payable