##VIDEO ID:aDhh-PmOG1c## Special M we're going to recording so we'll be ready to go whenever you are all set on your end yep all right good morning everyone I'm going to call to order the town of Loach Grove special magistrate hearing it's September 18th it's 9:04 uh my name is AMD Barnard I'm the special magistrate for this morning's hearing it looks like in reviewing the agenda it looks like we have mostly um fine assessment and violation hearings so the way that that's going to work is when you hear your case called uh Town staff I believe will remain seated at the table to my right here uh you will come to the podium that is behind them to my right also when you hear your case called the town will go first they'll put on any evidence they have call any Witnesses they wish to call they'll show me their case File uh and any documents that they wish to be entered into the record once the town is finished it'll be your turn to speak to present any uh documents that you have any evidence that you have cross-examine any witnesses that the town puts on and at the end of that I will make a ruling which you will get an order that reflects uh my ruling in the mail after the hearing so with that said the first thing I'm going to do is I'm going to swear everybody in who's here to testify on any items on today's agenda and let me just ask the town do we have anybody on the computer today are we I believe Mr German was gonna be logging in and there he is okay good morning sir stand by since you're Council you don't technically have to be sworn I just want to make sure there was nobody else on the computer that needed to be sworn in so any anybody who's here in the room today that needs to be sworn in if you could stand if you're able and raise your right hands and I'll also swear in town staff at the same time Raise Your Right hands for me if you're here to speak on any items on today's agenda I see a couple other folks in the chairs out in front of me or if you're here to speak Now's the Time to get sworn do you all swear from him to tell the truth the whole truth and nothing but the truth thank you very much and with that I will turn it over to the town to call it first case and let me just before I'm sorry before you begin one uh uh one item that's on the agenda that I didn't deal with is the August 21st meeting minutes yes if I could ask the town to send me those I I got a copy up on the day when I got here this morning but there's some I think inconsistencies so if you could send me a copy of them um and I'll review them in Greater detail uh and I'll send you back any uh revisions and then if you could put them on next month's agenda for approval that'd be great absolutely thank you I'm sorry about that go ahead town thank you all right Craig laow Public Work superintendent um bringing case number 24620 1300d Road um response respondents name the SQ Farms LLC property address 1300d Road loat Florida 33470 this case was established based on a complaint that noov the no was served by certified mail on September 6 um was posted notice on September 6 on the property and at Town Hall a copy of the posted notice was mailed in the property owner personal service on September 6 2024 an initial inspection was conducted by former code inspector Mario and myself on SE June 6 November 2024 as a result code inspector Mario cited the property for the following in violation SE 30-6 keeping a fill on the property without the proper permits section 20-07 prohibited use of prohibited uses including but not limited to storing piles of lime on the property using a screening machine uh section 20-10 G1 outdoor storage included including but not limited to Containers junk vehicles and other items all right a conduct of a followup inspection on August 20th 2024 based on my u based on my observation the property remained in violation of the following code sections all the same um keeping the fill on the property without the proper permits section of 2017 prohibited use including but not limited storing the piles of the lime on the property using screening machine the outdoor storage including but not limited up to Containers junk Vehicles items um I took the the photos fairly and accurately representing the violation at the time I request the photographs to be entered into evidence along the entire case File I have and have not given the respondent an opportunity to review wait can you clarify did you give the respondent an opportunity to review the file we we did give them the the okay and the respondents represented by Council so did you have an opportunity to review the case File okay just let him finish and you'll get an opportunity to look at the file just stand by for one more second let him finish his testimony and then I'll make sure you see the file go ahead sir so magistrate the the photos are on the screen obviously they're not technically entered yet but I believe the foundation has been laid that they fairly and accurately depict the property so do you have an objection to allowing staff to talk about them at this point or do you let me ask physical case File there is okay and are the same photographs in that case File yes ma'am okay so let's you like this yes was that the end of your testimony there's just a little bit more on the back go ahead continue with your testimony and then then we'll deal with the documents after that staff contacted the owner representative the farm uh S farm to add any fact from staffs interaction from the respondent um the Code Compliance division recommends that the respond bonded be found in violation Los Groves code ldr section code section 30-6 keeping Phill on property 20-7 prohibited use 20- 010 outdoor storage and recommendations that the representative be given until October 22nd 2024 to correct the violations or be charged of f not to exceed 250 per day for each violation continues to exist it is also recommended that the cost incured by the code compliant division in the amount of 234 be assessed and ordered to be paid within 30 days of the date of this meeting a seasoned assist order for the for a period of five years is requested in the event of the code compliant division it is not or contacted as required ired and or the violation is not corrected it is recommended that a fine assessed assessment hearing be held before the special Magistrate on November 20 2024 at 9 P a.m at L gr Municipal complex of5 frro Loach gr Florida it is also recommended that no additional notifications of the intent to be imposed fin be given okay and spell your last name for me just since you are l r l w e r and your position was Public Work superintendent superintendent thank you all right now is it time let me see your case File if you have that let me take a look first and then we'll give it to respondents counsel we'll have him give his appearance and magistrate there is additional evidence that the town does want to present but I I we would like to do so after the file has been admitted properly okay and just so I'm clear about process this is listed as a fine assessment hearing but is this actually a violation it is actually a violation hearing ma'am okay um I okay e okay all right go ahead with your additional testimony before I turn it over to respondents are are we admitting the file formally well I need to show it to respondents first so you have any other Witnesses or you just have additional testimony from the code officer I have additional testimony from the code officer and because this case was initiated by an officer who's no longer present I have the initial complaint also who I would like to have her testify okay so what I'll do is let me ask you sir to hand this um file to respondents council and ask him to give his name for the record Steve Wallace Wallace law I represent the respond go ahead and take a look uh at that case File take as much time as you need to go through the documents and at the end if you could let me know if you have any objection to the documents that would be great well I guess my first objection is service because there's no Pro of service um it was there's there's a certified mail but was never return receip so there's an Affidavit of posting on the left side the last page I just main my objection okay any other objections yeah I have some issues with the photographs because these are just these are just there there's no uh time date stamp on any of these so you know again I I I appreciate that there um that these were taken based on the fact though I don't know if it's actually reflecting the time is of the time it's reflected on on these photographs they're all stand so I I don't have the physical file in front of me magistrate but the I think there were two in there I saw that also were not timestamped but the rest of them are time stamped August 20th stamp understood and then I also I guess my my only concern is like you know I I I see that their time stamp but you know I'm not really sure because there's there's a lot of agricultural Lots in in the town uh so I'm not really sure how how we can certify that these are the the subject property um you know also so we just received this literally like two minutes before the right after the testimony the the other thing I just I think it's so hold on let's not get into the merits yet let's stick stick with the documents so any further objection on the documents okay so I'm gonna let me ask you to have the code officer get the case File back please from him I'm going to admit uh the town's evidentiary Case Files composite exhibit one over objection uh noting the respondent's council's objection for the record if you could hand that back to me that would be great and then let me turn it to the town for their further uh testimony and then I'm going to turn the floor to you okay sir thank you thank you special magistrate so now that the photos are admitted and part of the evidentiary file I would ask the code officer to kind of walk us through what we're seeing in the photographs and kind of connect them back to the alleged violations all right as you see in this photo right here this is a a multiple vehicles of buses and trailers parked on the side of the on the back of the property right on the property line of it um this is one of the containers that is storage all the major containers on the property and the semi-trailers are all stored with hay on the property these are all the containers the trailers that are all being used for commercial this is more containers tropical containers on the property all storage same thing here as the same this is all all different containers now you can see right at that P one you see there was there was multiples across the whole property right here as I was on the property there was so many getting the hay out of the containers this is the person right here this trailer back up to this container as you see more storage for commercial use same thing here it's just all the different pictures of all the different containers to the whole property so wait hold on let me let me ask a question I don't I think that you're showing additional photographs on the screen that are not in the case File is that those are all the same day all the same day pictures right but all your photos need to be in the in the physical case File so is it possible for us to take a recess on this case and print out all those photographs uh and yes on this'll all right so you're okay with them on the screen seeing them on the screen okay okay and if I could ask the town to come up with a tally they appear to be and understood so so we'll make sure that we supplement the paper file with the photographs that you see on the screen special Magistrate great and if you could and the whoever's operating the computer if you could let me know a total on the photographs that you are showing on the screen so that uh I can make sure that the record is clear with how many photographs are being entered into the record the first patch that was 11 okay and the second patch and that was none for the second violation and is that it and then for the third violation there are four photos okay all right thank you uh for that go ahead and continue to scroll through them with the explanation and then all right as you see right here this is dirt being piled up on the side of the property along the south side of the property here this is more material that was being stored on the property as well you can see on the left there's Rock and other more piles of of material being stored there with the machines in the back this is the the big pile where they're bringing the material in they're Shifting the material with that big green machine there and P and it's all being stored there's a better picture of all the Machinery this is more material on the property being stored this is all the lime material that is on the the north side of the property that's being stored and piled up on the property line a different picture of it this was a pile of material that's obviously pushed out flattened on the property this is just more showing the other view of the pile that was pushed out on the property and this Wasing in that day this is for the third violation before yeah this is for all the all the machine I mean all the stuff that's just parked all over the property storage all there's all the trucks all the you know boats camper that's not being used a bus that's being stored on the property as well vehicles more junk material old parts of cars I think there was there was one actually in the case of showing loader tires that were stored on the property into one of the ditches as well not on there where's that that was in the case photo all right is that the final picture yes' so walk me through the the violations you've cited them for Section 30-6 which is the keeping of Phill yes you've cited them for 20-17 prohibited uses what's the alleged prohibited use prohibited use for the commercial the commercial use of the business okay and what's the what's the alleged operation the oper to bring material in hauling hauling the material in it out as a pretty much as a transfer station for material all the commercial use for all the storage containers they're using it as a business for all the hay coming in and out all the storage containers okay and 20 010 G1 is outside storage that one appears to be pretty evident the photographs okay any additional Witnesses um yes ma'am so we would want to call forward the initial complainant Miss back can you come forward please um sir she's going to unfortunately need to stand at the podium um can she sit right there at the chair where that microphone is microphone yeah if uh let's do a quick test to make sure the microphone's working if not we can switch them switch you out with code officers thank you hello hear me yep all right my name is aen Banky um I live adjacent to the property I've lived here 26 years and I've been part of this since 2018 when he first moved in and destroyed he took down all his trees and as he was doing that he took down my Swale that was part of on my survey and he just totally destroyed it to make the BM that he was covering up with the wood chips in the front so it just became an ongoing thing since then um he's been I've been at the courts they've been finding him and he would say that he'd fix it he brought contractors paper saying that they're going to fix it they never do every time we leave he looks at me goes I'm not doing it then what he's been doing is even more so now he's subleasing it the gentleman does not live on the property just so you know he's suing it to these businesses the hay farm that they come and go all day long they all these 18wheeler beds just sitting running just destroying it then now they have another business that's coming in and mixing dirt and they have they're using these massive equipment that have no permits and they're digging way down past the the T the water table and then they're mixing sand their their trucks are going in and out all day long and they they don't care again the gentleman does not live on the property and we see this go it's an ongoing thing that and I have neighbors here that are here sitting here today just for support but we've all been watching it and he it's not just something that he does he's doing other things that obviously he's not part of this hearing today but it's it's an ongoing thing that he keeps violating and doing more and more he doesn't let the code enforcement on the property but these businesses are being run and then they act like if they have the rule to do whatever they want but they have total disconcern of the noise what they're doing the damage to the their the land and he again does not live there nor does he care what's going on or what how it affects his neighbors for the town okay there there's a lot I'm jacking to just stand objection to you you'll get your your opportunity in just one second but we you know I have been here we have I it has been he is being fined each time that we've been at this hearing and he's just he's never yet corrected anything but he continues to do more okay all right anything further no that's it okay thank you for your testimony any further Witnesses from the town um no further Witnesses from the town uh I just would ask that we might be given an opportunity for a short rebuttal if only if necessary absolutely yeah sure no problem all right Mr Wallace you are up okay so so just historically this lot to my understanding as as agricultural residentials that I just I'm asking it's a question I just want to understand because that's my understanding that's I I don't know the answer to that that's a question for the town it that that's the current zoning okay so um under under that zoning um both under your code as well as uh the state rights to farm app there's certain inali rights that they have on that property um we have had multiple meetings um with the town most recently um I believe on August 20th and um you know the land owner is more than willing to and and desirable to resolve all of the issues that we have and again be a good neighbor um the concern we have is every time we have a meeting and we have an action plan to move forward the goal not I sorry to use a football reference but we're in football season right now the goal posts are moved past us we have asked for on many occasions because we've met with Co we met with the town we understand that there was a turnover right now there's a new code enforcement officer on this that we just want a clear and direct plan so that we're able to be compliant we've had multiple meetings and there's still really we're not we're not given a a a path to clear the violation we know that we're able to apply for permits to to be in compliance there's certain rights again as I mentioned to you both federally with the USDA and under with the state of Florida where we're allowed to conduct these operations on this problem but and and we've asked for the application and the paperwork for the town so that we're able to be compliant and we've never received anything we and and and just let me let me talk about number three my understanding is under your under and when you say number three you mean what you mean the outdoor storage Vehicles my understanding is there's a certain number um of RVs or other recreational vehicles which those are that were able to store on the proper we haven't gotten a clear answer from the town as recently as as the meeting that we had in August where there was a debate over what number of vehicles were able to store for the size of the lots and I I just want to stress that the land owner wants to be in compliant wants to be a good neighbor but when we meet with the town we meet with the code we want to do what we're supposed to do so we can be compliant and and we have rights for these two operations on this property as long as we apply for the proper permits we've never gotten the proper applications to even get the permits so that we can be compant um the facts are the facts we're not disputing the evidence that's been presented what we're disputing is the fact that we are we do want to be compliant we just a path to become compliant because we have rights on our property to operate those two operations because it's AG those are it's an agricultural laot and so we're able to do those under under the rights in the state of Florida as well as ferally now um you know what we would propose is that we we and again have have an extended time frame to become compliant there's there's no way and certainly with all of the um challenges that we have to get a path of direction from the town itself 30 days is certainly not enough I mean what we would ask for is if could have them into the end of the year uh to become compliant um certainly some of the life safety hazards and we and again I'm happy to set up a meeting with the town to to identify those there's certainly some of them that we we certainly can be compliant earlier than that but when we met with the town there was a variety of different paths and what we were told is propose something and and again I need your code to direct me how to become compliant special magistrate um at this time the town manager arrived at 927 and for the rebuttal um itself she would like to be at your at the pledge of the special magistrate to be sworn in okay let's let the respondent Finish since since I gave the town uh it's turn so let's let the respondent finish and then I'll turn back to the town yeah I mean again by right under under state and federal law were able to do those two operations so so let's be a little bit more clear about that under what state law do you have the authority to run these businesses okay and it says what you can do whatever you want on the property no we're able to do certain agricultural activities those two activities would fall under the state statute so selling what what are let me ask you what the activities are that you're doing so what are they it would be it would be screen it would be take importing so soil from offsite screening it and then transporting it off site again we don't there's no there's no digging on this property there's no excavation on this property what's what's being done as soil is being brought in from outside screened and then transported out for for distribution and then the other thing is we have a is it being sold uh I will I will defer to my to my Witnesses on that okay and then what what about the hay what's going on with the is just it's just stored on the on the property and again I'll I'll let I'll let my witness you if you would if you need so inclined just again for them to again detail the operation okay that'd be great but but I just want to stress these fall into the office of Agriculture so I mean they they each of these two operations are agricultural type of businesses under the state statutes all right go ahead and call up whoever you have with you that you're going to have explain to me what's going on with the operations all right so I have the soil business sure give me your name first ran F Ryan Fowler y okay so basically we truck in truck in material green it process it and make top soil with it and then distribute to local nurseries in the area okay and what's the name of that business doesn't have name right now okay and you actually make the top soil on the site yeah producing top soil okay all organic no chemicals or that all all organic so do your is it your trucks that transport the material offsite or do people come to the site to pick up the site they're your trucks okay okay okay anything further okay thank you for that explanation I just want to put a point of verification it's clear from the photos 13d road is is a vacant lot so it's it falls under the office of add residential but there's no residence on his site so to to think that anybody would live there is is somewhat abur yeah no yeah I hear that okay I just want to be clear on that the record then I'm have the other chn morning morning sir your name please Dan puit Dan puit all right go ahead and you're affiliated with the hay yeah outfit okay so what's so it's a homebased business uh that I started in Wellington and uh I actually uh Supply you know SQ has has horses and then with season and stuff you know people rent you know space to have horses so I supply all of them with a and whatnot um as well as it's just kind of turned into storage area for me um that you know like I said so are are those are the container like the cargo containers are those your containers or is okay and do you do you lease space on the SQ site then you rent space from from the owner uh I mean I guess it's kind of um I mean I guess if there's that's my space or whatever um in exchange I feed their horses um you know okay so it's a a trade of sorts then okay okay because your home based business is out of Wellington right okay because there's no home on this site so okay okay anything further okay thank you for that additional clarification all right let me ask Mr Wallace so who the the miscellaneous items who whose items are those are those the your client SQ Farms is okay okay there's no rental of space there there not not those like buses and okay that's just older stuff their stuff and again um my understanding is that that the code provides and I never gotten a clear direction of how many vehicles we're able to store on because we've gotten two different numbers so again whatever the number is under the code that's simple we can be compliant but we have not gotten clear Direction because there was at one point there was a certain number of of RVs and and recreational vehicles that were're able to store and then ultimately that number Chang how how many things are there how many items are stored there now I'm gonna have to ask the uh it's okay represent okay is are they here he's here I guess not 100% I don't know I'll let him testify yeah whoa whoa whoa whoa whoa I'll mess that up big time spell your name for me s h h okay q r a e h i okay that name is familiar all right and you are who you you're the you represent SQ okay go ahead sir not sure the exact number not sure on the exact number of vehicles or okay but it's all your your equipment that's there your your vehicles your your older equipment buses and campers okay thank you for that I mean one of the challenges as you know in the town I mean it's it's an agricultural area so at times if the because again there's no caretaker on site at times I people you know and I'm sure this is this is a an issue in the town that people go ahead and dump on there so that's why he doesn't really have a clear idea of the number because I know these these lots are unattended so people go ahead and they they drop garbage or drop this one's gated though isn't it there a big gate in the front well one okay but I understand your point I the bigger properties I understand your point okay any further witnesses that you'd like to call Mr Wallace I do not thank you very much thank you and if I may just if I a close absolutely sure let me just ask you um now there are a total of 24 photos that have been entered on the uh screen any objection other than your standing objection to the date stamp I reviewed all of those and they all our dat St stamped so I'm going to admit those additional 24 photos uh and I'll rely on the town to the extent there's any duplication just to ensure that there is one complete set of photos in the hard copy uh file but I'll go ahead and introduce those uh as part of composite exhibit one again over respondents objection all right let me hear from the town um I heard some things from Mr Wallace about use and alleged use let me let me turn it back to the town for any additional test testimony in response from to what Mr Wallace said um yes ma'am so I I know that the town manager is present and she did ask to be heard in rebuttal so if we could go ahead and swear her in um I would I'd ask her to respond specifically to the points that were presented okay name for the record Francine Ralia I'm the town manager thank you do you swear from the truth the whole truth of nothing but the truth I do indeed thank you ma'am go ahead nice to see you Mr w thank you for acknowledging the transition that we're under with um Jack and John taking over for Mario all of the notices for the violations were sent to your client and we have asked code to provide you with all of those notices we do have code online so you could search by the property address online so you could see those violations and I wanted to enter enter into the record the August 20th meeting that you keep bringing up is one that I contined to call your client to get and I said that we were coming out to the property the following day I was able to reach sha and I got him to reach his father and you and his father came to meet with me at the very end of the day it was right before I had another meeting and with respect to items you mentioned we are going through the process of changing the number of RVs that are allowed we are in fact going to a second reading on that ordinance however in no case does any vacant AR land have an entitlement to having any RVs on the property a property would have to have a a residence on it to have an RV unless there were caretaker on that and that's under the new rules and you said I think very clearly that there is no caretaker on the property so therefore no RVs are allowed on that property in the change of the rules there is a change in the number of RVs on the property and the number of RVs in no case may be more than four regardless of how large your property is because once you hit five RVs you end up in the state law for RV puds so um RV parks so therefore the numbers are very clear zero because there's no residence on there or up to four if there were a residence based on the size of the property while I um acknowledge you may wish to have a caretaker on vacant property um that would be covered under the new rules which if they pass um on second reading would allow you a caretaker Cottage on the vacant property if I remember correctly but again it hasn't passed so it doesn't matter so right now zero RVs with respect to the businesses the property is AG classified it's classified for equestrian uses I don't know if it is the whole acreage that's classified for equestrian uses or just a portion of it the property has Wetlands the property has conservation eement not all of it is classified agriculturally but we would have to see from Papa what that footprint is and additionally it would only be for equestrian uses I do agree with you we are an agricultural community and we totally support agricultural businesses and farming um soil transfer is environmentally damaging and what I have stated to your client and I believe on the date we met August 20th briefly that it would be great to see whatever your legal opinion is on that because again soil farming is damaging environmentally um further there is no name of that company it is not registered in sunbiz if there is no lease with the property owner and I heard some kind of inine transfer that's wonderful but it wouldn't even be able to be permitted to have a business because all businesses would need a BTR even if you don't have the appropriate zoning so I do agree that you would need more time to understand our rules but they've been very clear violations and the numbers are clear and we are always willing to work with your property owner because they're lovely people however um that meeting that you referenced wasn't to come try to work it out with us it was one I called because we could no longer wait to proceed with the code violations the previous month that the code violations um were continued was because the property owner was out of the country and so we agreed to continue the reason that you came to meet with me is because we were not going to continue your request to me was to continue to the 18th I believe I offered you a different date you said no you'd be ready on the 18th if you did not have the information you needed and I do understand the transition and if you didn't get the files or didn't have the time to to be ready for today you could have requested a continuance I did not see a request for continuance I did not see any you know um forward motion with regard to this now with respect to giving you more time you certainly appear to need it and again like I said had you requested a continuance we probably would have given it to you again because of the transition and because you had not been involved until I requested that me meeting on August 20th so um magistrate um I would certainly be willing on the town's behalf to consider a short continuance perhaps to October so that um Mr Wallace could get up to speed but um I think you know my my testimony is clear in summary no RVs on the property in summary no unpermitted business this is not equestri use the hay business while it is related to horses no question is um a rental of this property for that use and there is no rental agreement nor is that business operating if you will under a business license here in town there are about five or six businesses uh registered in sunbiz to that address I don't know if five or six is the right number if we were to understand what those businesses were they may be permitted uses but we do not know because we do not have btrs for them and we do not understand those businesses so with regard to the three things that were presented to you today I believe that um Mr Low's testimony um our previous violations and hopefully the clarification of my testimony will help you make a decision and I am willing on behalf of the town to continue for a short period okay okay thank you for that additional testimony Town attorney anything further from you well I I guess what I would ask is would be clarification from the town manager are you willing are you offering to have the magistrate Reserve ruling and continue the matter or are you offering to give them additional time to comply in the event the M magistrate finds a violation that is a wonderful question and I should be very clear on that I think the property needs to be found in violation because we have definitely shown zero RVs and that these are unpermitted businesses because they are not equestrian businesses and I believe the miscellaneous storage was clearly demonstrated in the picture so the property pictures the property is definitely in violation I would urge the magistrate to find it as such but I would be willing for the property to work with the town to come into compliance in a very short period before we would um impose another running fine because the property is currently running fines but not for these code sections correct no okay I don't believe so ma'am that right and that's why I was very clear in my answer to our attorney Okay so will cross that bridge as far as setting a fine assessment hearing when necessary that would be my recommendation thank you for clarification magistrate is there um let me ask you a couple questions I guess let me ask the town a couple questions whoever wants to answer so the the the outdoor storage is very clear the code section says that all outdoor storage shall only be permitted when incidental to the use located on the premises it's that's a very clear section but so compliance in that one is very clear um as it relates to the other two alleged violations keeping a fill on the property and prohibited uses what constitutes compliance on the part of the town or or in the town's eyes this property has a classification for equestrian use these businesses are unregistered so if this property had an ad classification for another use Andor if these businesses were um operating with I I don't actually see the businesses coming into compliance because the way our code reads the way our code reads um I don't believe that the business would be um allowed under our code and I definitely do agree that Florida statute 604 provides for the right to form however um this business is not registered in sunbiz it does not have a name it there is no rental agreement with the property I it is not the property owner's business um the property owner does not live on the property if you go through our zoning code um our community is very protective of agricultural uses but it's an agricultural residential use so I mean it it I don't know that these businesses could be permitted I'm willing to consider that they might be so going back to the original noov special magistrate um the corrective action listed was for the respondent to cease all unpermitted activities and uses and or obtain appropriate zoning approval so at this point in time I I think the evidence demonstrates that there are uses on the property that are other than Bonafide agricultural uses um other than the specific equestrian use designation given by the Property Appraiser's office and um therefore the respondent um is operating a commercial establishment on AR zoned property um that's essentially the town's residential district so the the town's position inciting the case was that the respondent did not have the proper zoning authority to operate the establishments that are ongoing and that the respondent has violated the code with respect to keeping Phill on the property so wait let me stop you there I'm sorry to interrupt you let me stop you there about the the the corrective action and the notice of violation says obtain zoning approval what does that mean that means a rezoning of the property or that means a text Amendment yeah either they've got to stop the unpermitted uses remove the fill stop the commercial establish ments or obtain zoning approval whether that be a comp plan Amendment text Amendment um whatever they need to do to come into compliance that that's what they would need to do and unfortunately they're because of the way the town zoning code is written they're not alone in that there are other respondents that have been that are currently moving through that process to try to obtain appropriate approval for their ongoing activities okay okay so so compliance in the eyes of the town is remove the fill and remove the uh hay storage that's occurring on the property correct okay all right Mr Wallace let me give you some additional time just a couple points of clarification when we met in August 20th there was no discussion of me seeking an additional contain I certainly would have because obviously you're hearing what I'm saying that there's still a lot of clarity I I went to the meeting on the 20th they told me show up on on September 18th I said okay I'll be there on September 18th certainly I mean you guys can shake your head all you want but I mean I'm just rep again I'm an officer of the court I'm reporting what I'm told we need additional time however whatever format that is we are more than willing to be compined we said that on numerous occasions but every statement every other sentence it's it's the ball is moved we want to do what we have to do Under the code under the state statute but every time every next every other sentence is a different determination do we have to remove it can we get a permit can we seek a zoning I just want to know the process I'm very you know me I'm very linear I want to get to the Finish Line we want to be compliant yes so and I appreciate that even aware that the town even knows how how we can become compliant well I I think and I think some of that you know my job here is is to hear both sides and and and make a ruling um but but what I'm hearing is even from your own witnesses that there are businesses but they're sort of on the side handshake deals so I'm not hearing from your side what right so for the from the town side just be respectful that it's not that they're not coming up with the information the information is not there because there are no businesses that are tied to this address for what's being done at the property is what I've heard right it's just a matter of these guys are not legal mindes like right but I just don't want your assertion to be that that's somehow the town not giving you a clear answer the town can only evaluate what it's given and what is on division of Corporation and so if that doesn't exist there just like I'm having it that's why I asked you to call your your uh clients because I was having a hard time understanding what exactly was happening there all again they're not legal minds they all everything will be properly documented and presented to the town that's what the process is to and I'm certainly willing to give you time the thing I do have to be sensitive to is that um I think you were given 90 days from the notice so this notice was written in June you guys met on August 20th right right because the the principal of the business he's travels overseas and I I guess maybe it be helpful Min understanding is sha you're local right okay so if we can exchange information with the town because Sha's local Sha's okay it's just a matter of communication because again the minute I was aware of a meeting I made sure Mr KES and I went to meet with the town and we met upon 24 hours notice to meet with the town okay okay and again we I just want to stress again that we want to become compliant we're not thumbing our nose at the town we just need to understand what the path is and I'm hearing bits and pieces of how we can get there but again it's not going to be done in I hope I mean again I would ask that it's okay understood thank you does the town have any response to the uh time specified I'm just so the town knows I'm inclined to give them some time I think it benefits everybody if if there's a reasonable amount of time to be given come into compliance especially with regard to what has to happen with uh the fill there's no it's not a small amount there so um any response before I make my ruling um let me just confer quickly magistrate starting off with a bang this morning here in Code Enforcement you know I always try to make it interesting never day code enforcement that's right so special magistrate I I confer with the town manager the town reps 90 days which is longer than what was originally presented by the code officer so that's December dates is what you're targeting yes ma'am and that tracks with Mr Wallace uh in terms of I appreciate willing to work with us we really appreciate it again we have a local contact now I'm not far we want to get to the okay get it done right okay I appreciate uh everyone's uh willingness to to see some compromise there uh because again my goal is is to to help you guys uh get to compliance that's the goal so uh and this one is a little bit more complicated so I think some additional time is is necessary uh I did see a hand go up I did hear your testimony ma'am so I'm gon to I'm not going to entertain any further testimony I I've heard both sides I think it's very clear from the photographs from your testimony from even the testimony of the respondents at this point um what's going on so I I appreciate the hand going up but I'm going to keep it limited uh to your previous testimony uh for the sake of all the other cases on today's agenda anything further from either side it's the Speak now or for hold your piece portion of the case no ma' all right thank you very much so with that in case 246 002 which is uh violation hearing for 1300d Road I've entered the uh composite evidentiary case File I will find I didn't make a prior finding but I'm going to officially find that based on the uh notice documents in the case File specifically the Affidavit of service uh that the town had good service for this morning's hearing I'm going to find based on the testimony that's been presented by the town's witnesses as well as the respondent and his uh witnesses as well as the documents in the case File that the respondent is in violation of sections 30-6 20-17 and 20-10 G1 for the uh commercial uses on the property with regard to uh creating um soil and and transporting soil on and off the property uh as well as top soil I guess is the actual name of it as well as the uh storing and uh movement of hay on the property um also finding violations based on the uh storage of miscellaneous uh buses uh older RVs and boats uh and vehicles on the property so photographs clearly uh show violations of each of those code sections uh with mutual agreement of the parties I'm going to essentially give the requested 90 days I'm going to require the respondents to comply with those code sections honor before December 16th and appear at what's going to be a status fine assessment hearing on December 18th what I'm going to ask you to do Mr Wallace is in the event that there is non-compliance I'm going to ask you to come to that December 18th hearing uh with any evidence to demonstrate to me that uh you've done everything in in good faith from the moment you leave this room today uh until December 18th and show me kind of a chronology of what's gone on um if you come to that hearing and you told me you tell me that you met with the town on on December 5th you know very late in the game in terms of the 90 days I'm going to be less willing to give you uh any additional time but if you come and you show me that over these three months you're uh diligently working to get into compliance and and get into agreement with the town I'm I'm certainly willing to hear that uh testimony and and um May at that time Grant you additional time to comply but uh come to that hearing with all the uh ammunition if you will that you need to demonstrate to me that you've been moving towards compliance in good faith uh in the event that there resp doesn't comply with those code sections by the specified date I'm going to um assess a fine of up to $250 per day uh at that fine assessment hearing status fine assessment hearing and because I have found respondents in violation I have to award the town it's administrative cost for today's hearing those are in the amount of $234 5 and those are payable within 30 days so you'll get an order that reflects all of that I certainly wish you luck in getting uh toward compliance and hopefully with all due respect I don't see you again because that means you work it out with the town okay thank you all right next case special magistrate the next case is Lantana Holdings LLC it's number two on the docket and it has two case numbers 230 1 03 and 2301 00006 believe we have Council on Zoom good morning special magistrate how you doing good morning sir I I recognize your voice and I recognize your face but go ahead and uh give your name just for the record please yes Cody German on behalf of the tenant in the space and just so the the the special magistrate in the town is aware the the owner of the property is aware of today's hearing as well and they are they they are aware that you're representing your client at this hearing essentially representing them yes and and just as a point of fact and transparency for everyone I think that the town is aware this might at least advise the town attorney uh my client's in the process of buying the property as well so this split will likely not be an issue going forward in the next couple months okay so special magistrate the town did forward uh proposed agreed orders uh assessing fines in this case um uh We've not heard anything back from the respondents on those so I guess my question is this case is not really in a hearing posture um we're just continuing to negotiate it and bring it back at a regular at regular intervals um given that would it be your preference to pull it and bring it back when the parties have an agreement so I guess in terms of let me ask Mr German the I think at the last I don't have a case File but I think the last hearing all I did was reset this for today given uh a finding of good service for the for the prior hearing I don't remember if that was last month or the month before but um Mr German are you in agreement with what the town attorney just said that that you're still working behind the scenes and perhaps this may need to come before me at a later date um for yes agreed orders yeah and and I also agree with the town attorney as far as she submitted a proposal to me and I just haven't had a chance and all in all honesty to review it thoroughly discuss with my client and get it back to her I plan to do so in the in the coming days I've just had a chaotic couple weeks from a work perspective okay as an October date you think you can get agreement within 30 days such as for the next yeah yeah and theoretically I believe the biggest issue we are in agreement with in concept which is that my client will maintain the bond that's in place until okay and I'll leave I'll leave all those details with regard to the Merit of the case to you all to deal with right um let me just ask you let's see October 16th is the date are you available Mr German on that date give me one second I appear to be available okay um well it's actually not the best day I can what time is it is that 9:00 am yes is there another option I don't want to push this out too far either but I do have what's your what's your conflict do you have a nine yeah I have a 9:00 am uh court hearing on a summary judgment Motion in a civil case of 9M what's is the town still doing uh intending to do Monday hearings I believe we we're not but we can do a special if if your honor can make it out here we would prefer to get this resolved I don't want listen I don't want people to have to come out here especially for me or my client I'm not I'm not trying to put people out in that respect um what what you could do Mr German I mean I guess if if it's what was what was sent a stipulated order or an agreed order yes ma'am so two agreed orders yeah don't give me the substance just give me the what the form correct and and I suppose if Mr German would be willing to send me an email confirming that I can speak with that's what I was just going to say Mr German if this is a matter of the parties are in in mutual agreement and and you you know ideally you would get to the next hearing and I would have a signed order that's been signed by yourself and by uh Miss early uh and then just an email from you I mean your signature is going to be enough on on the agreed order um so I don't know that your presence is is necessary if if in fact you get to the point um that you have an agreed STI ated order what are your thoughts there it's that's fine with me okay and you in your in previous hearings you waved uh any future service so I guess technically if if for some reason this needed to be heard on the 16th um I certainly would be amenable to just resetting it to the next month's hearing at that date with with an understanding that I won't proceed in anything with having to do with substance uh in your absence so if hopefully there there'll be an agreed order that comes to me on the 16th um if if it's not an agreed order then with your prior waiver and hopefully you'll give me an additional waiver today um I'll just reset it to the next hearing and and not hear it obviously in your absence perfect okay you're in agreement with that yes okay anything further from the town no ma'am okay I guess let me WR the book here is the previous order in one of these files does the town think um I I'm I'm not familiar with how that file is set up and I know it's rather lengthy let me do this Mr German they they gave me the case File but it appears to be the entire thing which as you know is a quite uh lengthy at this point um you're at the hearing you were at the PRI hearing so you had actual notice of to today's hearing are you again willing to stipulate to service for today's hearing yes okay all right anything further Mr German and all I'm going to do is reset this for the October 16th date and hopefully uh I'll see some signed orders at that date anything further Mr German nothing for me I appreciate everyone's time all right anything further from the town no ma'am thank you thank you all right in cases 2301 003 and 2301 00006 uh with Mr waiver of service uh and actually his actual service having been present at the prior hearing I'll find that there's good service for today's hearing I'll reset this um violation hearing for October 16th at 9:00 am. thank you thank you Mr German have a good one so special magistrate i' I'd like to go ahead and call the next case and that's number 11 on your docket that's case number 230 40032 jackland LLC is the respondent and I believe their council's present is the town gonna present this so this is going to be a stipulated continuance uh do you want us to go ahead and put notice on the record I do need to have uh service although I believe Miss Taylor was here at the previous hearing but yes please give your get your uh notice documents on the record your notice testimony yes ma'am so I I believe I believe code officer Sor has the file do you have the paper file over there I okay um are you able to walk the magistrate through uh how the respondent was served for today is there an affidavit in the file and while he's doing that I'll just update you that that this case does have a pending application for vested rights um we met with Council both in person and um via email um since the last hearing date before your honor and we're continuing to gather information with respect to their application or they're they're gathering information to provide to the town rather um so I I think again similar to the last case rather than doing quick resets it might make sense to set this one out to December okay all right so that's same December 18 all right you have the service info do your honor it was mailed out certified mail let me hold on I'm interrupt you give me your name for the record sorry your honor John Suarez for the T lock satue grov cour enforcement officer thank you go ahead so it was mailed out certified on September 6 2024 and it was also posted on the property same day September 6 2024 and that was the prior order is what was sent um noce fearing no is a violation okay with the order yes okay let me go ahead and see that case File if I could thank you and this is another one let me ask the town just to refresh my memory but this is another one where there has there been a violation of a finding in this case or not yet you know I feel like it's been continued so many times I think we I I don't think there has been a finding let me I'll find a previous order here hold on and Miss Taylor can correct me if I'm wrong I correctly I believe there was okay so I this this actually precedes my work in code enforcement for the town so all right so it looks like the last order was from what hearing were you last at was it August it was August yeah let's see could have been July the last order that's in the file is from June and I don't believe that's it's thank you all right I guess let's do it this way um I presume you're not going to have any objection to the December date is you're in agreement with that date okay and did I have you state your name for the record I obviously know who you are but just so the record is clear thank you and not seeing the PRI order in the the most recent order in the file are you willing to stipulate uh I I believe you have actual service having been here at the prior hearing but are you willing to on the record wave service yeah thank you okay continu yeah the previous order was setting fine assessment hearing so this must have there are there already is a violation finding okay so are the parties amendable to the same uh compliant a new I need to set a new Appliance St well if the parties are in agreement I'll set the same uh December 16th does that work okay is the town amendable to that okay okay anything further Miss Taylor okay anything further from the town no man all right in case 2304 40032 uh with waiver of uh service on the part of respondents council and I believe actual service though the file doesn't I don't have that paperwork in front of me um with that waiver I'll I'll find that the town had good service for today's hearing and I will uh continue the fine assessment hearing establishing a new compliance date for respondent uh with regard to the violation of sections 30-5 and 45010 uh new compliance date of December 16th will be ordered and then a new fine assessment hearing date of December 18th I'll maintain the same uh fine amounts that were in the previous order and I'll Reserve any administrative costs for today's hearing hopefully you all um that that should be plenty of time for everybody to get done what they need to get done so um go ahead sure yesterday the section post section reference on the agenda is not theod section reference oh it's the agenda is wrong thank you for that correction this is a this is a use violation correct of 20-17 thank you for that correction because I did misstate that based on the agenda thank you uh so for the record uh the violated code section is 20- 017 um so the obviously the continuance order will reflect that that section thank you for that correction that's very helpful okay thank you thank you so special magistrate the the next case we'd like to call is number four on the docket and that's uh case number 24510 the respondents are James savnik and Cynthia Vargas um and let me just ask code officer Suarez to go ahead and explain to the magistrate um what discussions you've had with the respondent what the town is seeking and to put notice on the record yes your honor um you know it's a transition for us so I've been been speaking with the owner James Mr James snik for a couple weeks now since I've been here he's diligently working to obtain the proper per permits the FDA and the enclosure he has applied fees paid so the town is just requesting a continu of 90 days see if he comes in compliance with those things so that's the same December time frame yes okay okay and all the the work that is unpermitted remains there remains in violation yes until the permits uned okay okay and is a respond present okay can you come to the podium sir good morning good morning your name for the record James sack thank you and let me ask the town just stay there for me one second sir let me ask the town for the case File yes and I guess did you um before you come over here I guess get your service testimony on the record did you send the previous order certified mail I presume you did and post yes I sent a true copy certified mail on September 6 2024 and also posted a copy on same date September 6 2024 okay thank you okay there's an affidavit approach thing okay let me ask you to show Mr savnik the case File same thing is at the previous hearing if you could take a look this looks like the same case File just the new documents are right on the front there for today's hearing any objection to that case File being entered sir okay thank you so you've heard what the town is saying they're they're telling me that you're you've applied for the permit and paid the fees and you're working toward compliance and they're willing to give you 90 more days I presume you're in agreement with that corre okay you think that's enough time for you to get through the process and get the required permits issued residential app for K 0010 completed and submitted in entirety it's just waiting for plan review and approval K s22 well that's the next one we'll get to that one so let's stay with this one for right now but okay so that should be more than enough time if it's not and you've been diligent like I told the prior respondent if you come back to me in December and you still don't have the permits but you've done everything you can I'm happy to give you more time yeah I don't I don't expect you're going to need that additional time um anything further you'd like me to hear on just this case Okay anything further from the town on just this case no ma'am all right in case 24510 I'll enter the towns evidentiary Case Files composite exhibit one without objection I'll find based on the Affidavit of service that the town had good service for today's hearing I'll find based on the uh testimony of Town staff that the respondent remains in violation of section 05- 040 A and B uh but is working toward compliance so I'll Grant the requested continuance establishing a new compliance date of December 16th or appearance at the December 18th fine assessment hearing I'll maintain the prior fine amount um up to $250 per day and I'll Reserve any administrative cost for today's hearing so best of luck to you on that case but don't go anywhere because you're on the next one too I believe um so I I actually will go backwards we're on item four now we're going to item three case number 24400 five again okay not Mr stabnick next case oh wait no I'm sorry forget I said that special Magistrate I don't usually call the cases so this is definitely out of practice for me we are going to number five so next in the list case number 24622 The respondents James savnik and Cynthia Vargas on all right Senate true copy via certified mail of the notice violation notice a hearing on September 6 2024 and also posted a copy on the property at 13281 24th Court lock girls 334 70 same date September 6 2024 and just a clarification that you I think you probably sent the prior order is that right not a new notice of violation uh not a new one prior order okay very good yes okay perfect thank you all right you're still Mr savick is that correct correct all right what's the town asking for in this case is this the same yes okay all right so they're willing to give you the same additional time to comply any objection to that are you in agreement with that time this one just a little bit more trickier um we do have the topographical survey company coming out perform that next Monday which then I have to wait for them to boost uh that topical graphical survey and then turn it over to the engineer for his review and then uh his comments prior to generating St sealed set plans to which then I have to fill out the application here to town so it'll be close okay what what I'll do on this one is I'll set the the 18th for status fine assessment in the event that you like you've been doing or being diligent uh continue to be that way and if if on the 18th you need a little bit more time I'm happy to give it if it's just a matter of getting you through the process but just like I told the prior person don't submit stuff on the 17th the day before the hearing and expect me to give you um additional time but I I don't expect that from you so um but I'm happy to give you more time if if you've done everything you can and and you're still not in compliance um I guess just from the town's perspective is there a permit that's been submitted for yet or are you still waiting because he's still working on documents okay okay and that's your understanding as well Mr savnik you haven't submitted submitted for uh this particular yeah this is the FDA permits okay subm until I have Sur okay okay okay anything further Mr stavik on this one all right in case anything further from the town in this one no yna okay in case 24622 I'll enter the town's evidentiary Case Files composite exhibit one oh let me show this to you I'm sorry Mr savic this is the same thing um go ahead and take a look just a new notice documents on the top over there take a look at that before I enter that into the record and let me know if you have any objection okay no objection all right with that I'll enter the town evidentiary Case Files composite exhibit one without objection I'll find again based on the Affidavit of hting that the town had good service for today's hearing I'll find based on the testimony uh on the record this morning that the uh respondent remains in violation of the listed code sections 17510 175 170 and 175 240 and I'll Grant the additional time establishing a new compliance date of December 16th or appearance at the status fine assessment hearing on December 18th I'll maintain the prior fine amount of up to $250 per day and I'll Reserve administrative costs for today's hearing all right thank you Mr Sav best of luck to you so now we're going back to number three um this is case number two4 44005 15349 collecting Canal Road Stephen and Cynthia scrunchy sceny um I'm gonna ask the code officers to um advise what the posture of this case is regarding case 24510 uh town is asking for in continuance to November 20th believe there was I'm gonna let yeah believe there was like a service on the case Okay so if if there is a service issue we would ask that it just be pulled for today all right for the record case number three is being pulled sorry um so the next case is item number six 2 420011 15449 Los Angeles Drive araga gbon court and Daniel S your honor the town is asking for another continues for November 20th the FDA has been it's under review fees paid but just ask for continuance can you uh go ahead and put the service on the record and um anything else U you want the magistrate to know L there is um there was posted a copy of the order of continuance uh July 25th 20124 sorry your honor but as far as um service for this hearing I do not see it I believe there's like a service for this is awesome then continu we'd ask that it just be pulled at this point if if and they weren't here at that were they can I see that y they were present at for our hearing but I'll defer to the town if you want it to be pulled and you want to R notice it uh in an abundance of caution and that's okay fa okay so you're pulling item six yes ma'am okay we'll go ahead and and ren notice that for a future hearing date that's fine um so the next item is item seven case number two4 0 60051 1557 e Road Travers Farm LLC your honor that case has been uh complied so you're pulling that one yes ma'am okay and the next case on the docket is case number is item number 8 230 600006 3384 C Road Maria E fonte and Rob Roberto Perez again your honor there's lack of service on that we'd like to rehear November 20th so we'd like to pull it in Reen notice then okay pull in re notice all right on the violation hearings it looks like so the next case is item nine uh case number 248001 15369 Los Angeles Drive uh Boaz Patricia Boaz and Stephen C Boaz your honor that case has been complied also prior to the agenda being written or after the agenda was written all right Paul has complied yes ma'am okay uh the next item is item 10 case number 2493 14916 22nd Road Michael L Ward respondent and you're under the has been complied also all right we're moving along now item 10's pulled as well for the record thank you and so I believe that brings us to the last case item 12 24531 14199 Tangerine Drive mccor mcoles LLC yes your honor we have the pull that one as well for service issues all right so that was easy too so 12 is pulled I'm just double checking to make sure I don't see anything further either so anything further from the town nothing further all right hearing none I'll adjourn this hearing at 10:31 no it's fine oh you're yeah how do you turn it off like that just press stop no problem thanks hi how you doing good nice to see you good to see you too appreciate that the oh okay all right you know they're back in ag ag tourism meetings and you guys basically did a great job the first time I don't know if they're going to want to hear from you again I mean that we killed it last time but you know things don't here yeah so what council meeting do you think that would be at and I'll try to get