The central issue of the meeting was a request for a 60-day continuance concerning alleged code violations by Javiar and Rosa Garcia, whose tenants include Immaculate Ways, Inc. and Santana Equestrian Private Financial, Inc. The case, identified as CE 25-64, cited various violations including improper manure storage practices. The request for a continuance was presented by Preston Fields, representing the tenants, who argued that the continuance was necessary to address changes in state law following the passage of House Bill 211. This bill redefined agricultural practices, specifically affecting the transport and processing of manure.

Fields detailed that his client, an agricultural company, was in the process of registering with the state and had undergone inspections which initially resulted in a clean bill of health. However, subsequent inspections identified issues such as the height of manure piles and their proximity to water bodies, necessitating adjustments. Fields highlighted the company’s collaboration with state agencies to develop a mitigation plan. He requested a 60-day continuance to ensure the company had adequate time to prepare its defense and comply with both state requirements and a stop work order issued previously.

The town objected to the continuance, noting that manure piles on the property reached heights of 15 to 20 feet, violating code R 175 110. Additionally, the piles were reportedly stored too close to open water bodies and potable water wells, making compliance with the 500-foot separation requirement impossible. The town emphasized ongoing violations and the history of citations against the property, dating back to a previous order issued on June 2.

Despite the town’s objections, the magistrate granted the continuance, allowing the tenants additional time to bring the property into compliance and finalize the mitigation plan with the state. The hearing was rescheduled for February 18, with the stop work order remaining in effect. The town’s representative emphasized the importance of the stop work order, noting that penalties would apply for any continued violations.

The meeting also addressed procedural aspects, including the service of notices related to the violations. Tiana Thomas, the town’s lead code officer, testified that notices were mailed to the property owners and posted at the property and town hall. An affidavit of service confirmed that all parties were informed of the proceedings. The respondents’ counsel acknowledged receipt of the notices, although representation for property owner Javiar Garcia remained unclear.

Discussion during the meeting also revealed that the property had been cited for violations earlier in the year, with the respondents expanding operations beyond the area permitted by their registration application. The town’s counsel noted that the stop work order had been issued on December 29 or 30, with respondents complying by halting manure imports but still facing allegations of violating FDA regulations and altering the land.

As the hearing concluded, the magistrate requested a examination of the case file. The continuance was granted with a stipulation that all related documentation, including the notice of violation, remain on record for the rescheduled hearing.