okay okay and now you have to hit go live yes you are my daughter watch yeah you should she'll love it she'll see Dad welcome I turn thank you yeah you're good up all right I'm going to call to order the town of locki groves special magistrate code enforcement hearing today is April 30th It Is by Verizon's time 3:31 my name is AMD Barnard I'm going to be the special magistrate for today's hearing I guess in terms of process are these violation hearings um special magistrate if I may kind of give you some background go ahead um and there is one housekeeping matter that I would like to handle um before we go too far into this hearing but by way of background um both of the case numbers that are before you today relate to the same respondent and both of those were um cases where violations have been found on both properties as to both case numbers uh they were included in one stipulation that was uh adopted by the special magistrate okay let me stop you let me ask you to pause there just in terms of the process because now I know I think I know what what we're doing here I guess I'll find out in a few more minutes but um before anybody gets too much more on the record um it sounds like this is going to be what is going to be similar in process to either a violation hearing or a fine assessment hearing so uh for those of you who are here on behalf of the respondents the town is going to go first I presume these may be handled together if they are great if they're not in each case the town will go first you will then get an opportunity to um present any documents any evidence you have cross-examine any Witnesses the on the part of the town that the town call um at the end of that I may or may not make a ruling depending on what the request is between the parties here today given what's on the agenda but um let me start first by swearing in anybody who's here to testify on any items on today's agenda so if you're here if you could stand and raise your right hands thank you do you all swear from to tell the truth the whole truth and nothing about the truth I do I do okay thank you and I guess with that thank you for letting me make those introductory comments now that I understand where we're headed uh with that I'll turn to the town to call its first case um yes ma'am before I go too much further um I wanted to just get on the record um the respondant in both cases is Lantana land Holdings LLC um I know that we have um and in almost I believe every hearing with regard to these case numbers we've had the entity that is operating on the property um but not the actual property owner here and represented um um so I wanted to just inquire if anyone who actually owns the property is here and if not whether the parties present have the authority to represent the property owners go ahead sir give me your name I know who you are but just so the record is clear attorney Co attorney C uh I'm on behalf of the operator and the operator name is FP I have been in contact has served as of information facto agent for the land previously they haven't the hears do they know you're here today okay let me I guess let me ask the town who called this hearing so I arguably it was jointly it was jointly called or it was the town's recommendation that we have a hearing um but the special set was requested by Mr German in order to expedite the process and there in lies the problem because it was special set um staff did not have an opportunity to personally serve the listed respondent and property owner um and therefore while I think Mr German can certainly accept service on behalf of his client to the extent his client is not the property holder or the property owner I think we're you know I feel uncomfortable moving forward without um specific Authority from the actual property owner let me say that differently um if Mr German represented Lana land Holdings LLC directly I think he could have said I'll accept service by email on behalf of this entity but because he doesn't I think Lantana land Holdings LLC should have been served pursuant to the requirements of 162 and I they were not because they were not personally served and it was set in Too Short a time frame for um certified mail and or posting at the property um so I'm concerned with that and I wanted to put that on the record okay so I guess let me ask and this is probably going to be a little bit more direct than is is typical in Code Enforcement but I guess I'm questioning how did an agenda get set um how did the town agree to that if if there wasn't service we agreed to it with the understanding that they would be served personally and they were not Mr German your response I've been with agent this process I'm Comfort they know it never the difference today as I'm hearing it though and I don't know if there's a case File to be presented but the difference that I'm hearing is in every other hearing I've had service to confirm that the legal requirements of chapter 162 have been followed um and then without something from the property owner um giving you the authority to stipulate to service I'm concerned about proceeding forward um given the formalities of 162 have not been followed is is what I'm hearing is there a way to get the property owner on the phone do you have that ability as we sit here now and no response okay might I suggest that we send them the zoom link they can join the meeting with that special magistrate I would ask if we can take a recess until such time as we can get the actual respondent um either involved in the hearing or given uh specific permission to go forward um to Mr German Mr German are you okay okay with recessing for 5 minutes to see if you can get the respondent on the phone yeah okay with that I'll recess e e e e e e e e e e e e e being the hearing at 3:46 Mr German any uh luck getting into contact with the property owner cellone number all right um with that I don't think there's any other choice but to have a a formal notice of hearing um set sent out to the property owner um if you don't actually represent Lantana Holdings um without them on the phone today I can't proceed uh and with a finding of service I guess let me ask the town attorney I mean these are these are notated on the agenda as joint code enforcement stipulated agreement so if if there's to be a stipulated agreement that can certainly be brought to me at a later date and I'm not sure um that you need a special set hearing for me to approve that that could be done at the next regularly scheduled either Monday or Wednesday and understood I think it's the opposite right now there there is a stipulation in place and there's a dispute over whether or not um the respondent is in compliance with the stipulation as to both cases which is why I think the service issue is important okay and then without um given that I can't make a finding on service today I'm going to request that no additional uh commentary with regard to the merits to be put on the record um Mr German I appreciate the fact and I guess I didn't understand in the communication that this was um requested by you um I certainly don't mind just so both parties know I don't mind reconvening as soon as is possible to effectuate Legal Service um but that does need to be step one given your representation of the um tenant if you will rather than the property owner without service I there can't be any merits we can't even get I can't even get into the merits of the case today U without a finding of formal service and legal service um the things talk about I'm gonna have to stop you there if if this if this is a disputed matter and if this is not a um both parties have agreed to a Jo joint stipulation without service I I can't hear anything um otherwise the that's just that would not that would not be prudent of of me to allow you to continue on so in staff's defense they did attempt to achieve personal service pursuant to chapter 162 and they just weren't able to get it done in the time frame so I just want to put that on the record um I think the only option that we can do on the record at this time is to reset the hearing um I understand that everybody's present here we're we're more than happy to talk offline um outside of the presence of the magistrate to see um I would certainly encourage that uh if if there's a path forward but if if this isn't just a matter of me acknowledging a joint joint stipulation uh um you can send the certified mail is easy to send and you can you can get posting with 10 days notice but um without either assign green card um actual service hand delivery one one of the methods prescribed in 162 uh I I can't proceed any further today so with that I'll adjourn this hearing at 3:49 I'll leave the room I would certainly encourage the parties to uh continue discussing um given that I've adjourned at 3:49 I would request that the uh zoom and all of this technological stuff be discontinued as if the hearing is over because the hearing is over uh so to the extent you discuss it it needs to be just an informal uh discussion um with that I expect I will see you all soon thank you yes ma'am