[00:00:02]
OKAY, WE'RE GOOD TO GO. ALL RIGHT. THANK YOU. ALRIGHT. I'LL CALL THE ORDER. THE MAGISTRATE HEARING FOR THE VILLAGE OF INDIAN TOWN FOR TUESDAY, SEPTEMBER 20TH 2022. I WOULD LIKE TO JOIN ME ON PLEASURABLE. I DON'T UNDERSTAND TO AMERICA. THE REPUBLICAN POPULATION.
LIBERTY AND THE OTHERS. PLEASE BE SEATED. WE ACTUALLY HAVE THREE CONTINUANCE CASES THIS
[1. September Docket 2022]
MORNING AND I'M GOING TO CALL THE ESPECIALLY SAT ONE FIRST, UM THIS IS THE CABRERA CAN TEAR A CASE. IT'S 22-61. AND IT, UH, HIS BACK. UM PRIMARILY BECAUSE I GRANTED A SECOND CONTINUANCE IN THE CASE. DIRECTING THE VILLAGE TO CONTACT. THOMAS GRAYTON, WHO WAS LAND SURVEYOR WHO ACTUALLY SURVEYED BOTH OF THE PROPERTIES THAT ARE IN QUESTION HERE. AND. AND I UNDERSTAND, UM, FROM VERY BRIEF PHONE CONVERSATION WITH MR PEREZ YESTERDAY. THAT MR GRAYTON WAS NOT ABLE TO COME TO A CONCLUSION AT THIS POINT AND STILL NEEDED ADDITIONAL TIME. IS THAT CORRECT? ALL RIGHT. ALL RIGHT. SO LET ME JUST SWEAR YOU AND GET YOU ENOUGH SAY ALL THAT ON THE RECORD. DO YOU SWEAR? AFFIRM THE TESTIMONY, BUT IT WILL BE THE TRUTH. ALL TRUTH AND NOTHING BUT THE TRUTH. SO HELP YOU GOD. YES SIR. MAYBE JUST RELATE YOUR CONVERSATION WITH MR GRAYTON. AND EXPLAIN HIS NEEDS.I DID. TELL YOU YESTERDAY THAT MR BRITAIN DID NOT NEED TO APPEAR AND SEE. I THINK WHEN YOU HEAR THE EXPLANATION, GO AHEAD, OKAY? YES SO I THE REQUEST OF THE ORDER THAT WE PASSED? WE'VE BEEN IN COMMUNICATION WITH MR GRAYTON. UM, FROM. ABOUT THE LAST MONTH OR SO. AND IN THROUGHOUT THIS PROCESS, HE'S COME ACROSS THE APPLY. UH, IT WAS A PLAN THAT WAS DEVELOPED.
UM WHEN OUR PRIOR TO THE DEVELOPMENT OF THE QUARTER PARK AREA OF WHICH ARE COMPLAINING ON THIS CASE, MISS MARIA PEREZ RESIDES IN AND THIS IS WHERE HE'S, UH GOING TO BE STUDYING THIS PLAT A LITTLE BIT MORE JUST TO GET A LITTLE BIT MORE INFORMATION AS TO THE PROPERTY LINES ON MS MARIA PEREZ PROPERTY , AND HIS INTENTION IS TO PROVIDE HER WITH A NEW SURVEY.
UM THAT ACCURATELY REFLECTS NOT ONLY THE INFORMATION THAT'S ON HER PLATT, BUT ALSO, UM IT WOULD HARMONIZE BOTH THE CABRERA PROPERTY AND MISS MARIA'S PROPERTY IN ORDER TO COME TO A BETTER DETERMINATION OR UM YOU KNOW, BETTER FINDING OF MM HMM. KNOWLEDGE HAS MR GRAYTON CONCLUDED ANYTHING? NO NO, HE HAS NOT. MAYBE THAT'S JUST THE WAY IT'S YEAH, FOR A LITTLE WHILE UNTIL HE ACTUALLY ASSEMBLES ALL THE DATA. UM OKAY? ALL RIGHT. HIGH AS YOU KNOW, I'M GOING TO BE AWAY FOR THE NEXT COUPLE OF HEARINGS AND THERE WILL BE A SUBSTITUTE MAGISTRATE HERE. AND I AM THINKING THAT IT PROBABLY IS BETTER IF I HEAR THIS. CONTINUE TO HEAR IT RATHER THAN THEN I ASKED HOW THE OTHER MAGISTRATE TO DO IT. SO. MY PROPOSAL WOULD BE TO CONTINUE THIS UNTIL DECEMBER HEARING. THAT SHOULD GIVE MR GRIT IN PLENTY OF TIME TO UM, ANALYZED.
THE LAND DOCUMENTS. UH HUH. HISTORICALLY. AND COME TO SOME CONCLUSION, AND HOPEFULLY IT'S A IT'S A CONCLUSION THAT. THAT AT LEAST THE SURVEYORS WILL AGREE TO SO OKAY? SO I'M GOING TO GRANT A THIRD CONTINUANCE BASED UPON NEW YORK TESTIMONY, MS PRESS DO YOU HAVE ANYTHING YOU NEED TO TELL ME? OKAY? ALRIGHT COME ON UP TO THE PODIUM. DO YOU SWEAR OR AFFIRM THE TESTIMONY ABOUT TO GIVE WILL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH SO HELP YOU GOD! YES YES. MY NAME IS MARIA PARIS. JUST I KNOW WE CAN WAIT TILL DECEMBER, BUT I DIDN'T MENTION UM TO MR ROBERT WHEN HE CALLED ME YESTERDAY THAT IT MAYBE IF HE COMES SO CONCLUSION BY NOW, I DON'T KNOW A MONTH OR BEFORE DECEMBER. I'M SURE HE PROBABLY WILL NOT FIGHT US. UM OR I WILL BE NOT A FIRED OR WHAT WAS THE OUTCOME? YOU KNOW, IN THAT CASE, IF I'M LET'S SAY I'M RIGHT OR MR
[00:05:07]
CONTRERAS, RIGHT? OR WHOEVER, WHICHEVER THE CONCLUSION IS, WOULD THEY NOW TAKE PROCESS OF, UM BEING IN ORDER LIKE THE FENCE. IT'S ON MY PROPERTY WOULD BUT THEN, ARE WE WAITING UNTIL THIS SUMMER. I AM IT DOESN'T MATTER TO ME IF THE VILLAGE WANTS TO UM, PUBLISH WHATEVER INFORMATION IT HAS EARLIER. THAT'S THAT'S NOT, UM. AN ISSUE AND, FRANKLY, UNDER THE OPEN RECORDS LAWS ONCE THE VILLAGE GETS THE DOCUMENT, IT'S A PUBLIC RECORD AND COULD BE DISCLOSED TO ANYONE, HOWEVER. IT'S NOT GOING TO BE. JUDITH SKATED UNTIL I WRITE UNTIL I DO IT. SO WHILE YOU MAY HAVE SOME. A GOOD INKLING OF WHAT'S GOING TO HAPPEN ONE WAY OR THE OTHER, RIGHT? AND THAT'S FINE. YOU'RE WELCOME TO DO THAT. UM IT'S REALLY NOT GOING TO BE OFFICIAL UNTIL I LOOK AT IT AND MAKE UP MY OWN MIND AND TALK TO MR GRAYDON. RIGHT? I UNDERSTAND, OKAY. SO I'M GONNA I'M GONNA GO AHEAD AND GRANT THE CONTINUANCE AND THAT WILL TAKE US TO LET ME SEE IF I'VE GOT. YOU DON'T HAPPEN TO KNOW THE DATA THAT DECEMBER 20TH. 20TH ALRIGHT, SO THAT'S GOING TO TAKE US TO THE DECEMBER 20TH HEARING. YEAH. AND, UM. AND I'LL GET AN ORDER OUT TODAY. ALL RIGHT. NO. THE NEXT CASES BACK NUMBER ONE ON THE DOCKET. IT'S NBC COAST. 17 LLC. IT'S CASE NUMBER 22 DAYS. 078 HOUR. I'D LIKE TO ADD IT SEEMS LIKE WE HAVE A RESPONDENT FOR, UM THESE SECOND SPECIAL SET CASE FOR THE NEW JERUSALEM LOCAL CHURCH, ALL RIGHT. ALRIGHT SO SOMEONE'S HERE ON BEHALF OF THAT ONE? YES, SIR. OKAY. UM WELL, WE CAN CALL THAT ONE. IT'S 22 DAYS . 065 NEW JERUSALEM EVANGELICAL CHURCH INC. THE PROPERTY OF THE 14 5 32 SOUTHWEST. DR MARTIN LUTHER KING JR DRIVE. ALL RIGHT, AND WE HAD GRANTED A CONTINUANCE UNTIL TODAY. IN THAT CASE, YES, SIR. UM THE BASIS FOR THE CONTINUANCE WAS TOO HAVE. LET'S SEE A QUALIFIED RUFER OBTAIN A BUILDING PERMIT. AND THEN WE WOULD COME BACK TO HEAR THE CASE. OKAY SO SORT OF YOU RAISE YOUR RIGHT HAND. DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU'RE ABOUT TO GIVE WILL BE THE TRUTH.THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD. OKAY, GOOD. SO UM AND I'M NOT REMEMBERING. DID I TAKE EVIDENCE IN THIS CASE? WE DIDN'T AND I DO HAVE A PROPOSAL FOR MAYBE A SECOND CONTINUANCE HERE AND SOLELY BECAUSE IT IS PENDING. UNFORTUNATELY BUILDING OFFICIAL TONY GIARDINO HAS HAD TO TAKE A LEAVE OF ABSENCE AND, UM, I DID DO A FOLLOW UP INSPECTION AND IT IT DOES APPEAR THAT THE CONCERN ON THE ROOF HAS BEEN ADDRESSED, BUT I WOULD LIKE OUR BUILDING OFFICIAL TO FORMALLY INSPECT AND, YOU KNOW. ACKNOWLEDGE THE FACT THAT THE STRUCTURE IS NOW NO LONGER UNSAFE. AND WHATEVER THE CASE MAY BE, JUST BECAUSE TONY HAD MADE THE INITIAL, UM DETERMINATION THAT THE STRUCTURE WOULD WAS UNSAFE DUE TO THE DAMAGE ON THE ROOF. YAHOO! SIR LET ME ASK YOU TO JUST INTRODUCE YOURSELF AND THEN TELL ME UM THE STATUS OF THE MATTER AS YOU KNOW, IT. YES SINCE I LAST TIME AGAIN, TELL ME YOUR NAME NAME IS FRANCISCO GASPAR AND YOUR AFFILIATION WITH THE CHURCH REPRESENTED THAT THE CHURCH, OKAY? GO AHEAD. TELL ME WHAT'S GOING ON SINCE THEN, UH, BEING U KNOW? IN THE TIME WENT BY, AND THEN THE SECOND ONE OF BEING, YOU KNOW. IT WENT. SEE THERE. AND UH, THEN TIME WENT BY UNTIL LESS LAST WEEK. PUT INTO BECAUSE I CAME. YOU KNOW, I WANTED TO GET THE PERMISSION. TOO CUTE TO DO IT. BUT SINCE THE PLACE IS, UH COMMERCIAL SO WE COULDN'T GET YOU CAN'T DO IT YOURSELF. YOU HAVE TO HAVE A CONTRACTOR. SO
[00:10:06]
THAT'S WHY THE TIME WENT BY. AND WHICH STILL, YOU KNOW, THE LAST CONTRACTOR. IT'S JUST SPREAD TH.YOU KNOW, I DON'T KNOW HOW HOW MUCH MORE TIME WE CAN'T GET. BUT WELL. AND THIS MAY BE YOUR LUCKY DAY. I AM GOING TO BE ABSENT. FOR THE OCTOBER AND NOVEMBER HEARINGS. AND SO YOU MAY GET AN EARLY CHRISTMAS PRESENT. I WON'T BE BACK UNTIL DECEMBER, 20TH. AND SINCE I'VE ALREADY HEARD SOME OF THIS CASE, I PROBABLY WILL RETAIN IT. OKAY, SO. MY ADMONITION TO YOU IS. TO UM, GET YOURSELF A CONTRACTOR GET THE PERMIT APPLICATION FILED. GET IT PAID FORGET. WHATEVER PERMITTING YOU NEED IN PLACE. UM ULTIMATELY THAT BUYS YOU. TIME TO COMPLETE THE WORK IF THAT NEEDS TO BE DONE. BUT UM, BUT IF YOU ARE NOT ABLE TO DO THAT, IN THE NEXT TWO MODS THEN I'M GONNA FINISH UP HEARING THIS CASE HERE ALL OF THE EVIDENCE AND THEN ADJUDICATED ONE WAY OR THE OTHER. AND I'M ASSUMING THERE ISN'T TOO MUCH QUESTION ABOUT THE NEED FOR REPAIR OF THIS ROOF. I MEAN, YOU DON'T SEEM TO DISPUTE THAT, DO YOU? WELL THEY CHECKED THE ROOF, THE ROOF ITSELF. IT'S DONE. IT'S NOT VERY JUST WHAT THEY CALL FASHION. YEAH. YOU KNOW, OKAY. WELL IN OUR BUILDING OFFICIAL FOR THE VILLAGE SEEMS TO HAVE SOME OTHER OPINION. BUT OF COURSE HE'S NOT HERE TO TESTIFY EITHER. SO ALRIGHT, SO I'M GOING TO CONTINUE THIS ONE UNTIL DECEMBER, 20TH TWO, BUT IN THE MEANTIME, I WOULD I WOULD TELL YOU YOU NEED DO ALL OF THE THINGS YOU NEED TO DO FIND THE CONTRACTOR. CONTRACT WITH THAT CONTRACTOR. GET IT. BUILDING PERMIT APPLICATIONS FILED AND LOOKED AT IN HERE. SO JUST MAKE SURE YOU DO ALL OF THAT. OKAY? YES BUT SINCE WE BEGIN WITH THAT, I MEAN SHOULD HAVE ENOUGH TIME. OKAY ALRIGHT. SO DECEMBER 20TH UM. WE WILL EITHER SEE YOU BACK HERE OR THE CASE WILL HAVE BEEN DISMISSED BY THE VILLAGE.
IF IT'S IN COMPLIANCE, OKAY? OKAY? OKAY NOW WE'RE BACK TO THE TOP OF THE DARK ENDED SOME MDC COAST 17 L L C. AND IT'S CASE NUMBER 2 TO 078. YEAH, AND THAT'S FOR THE PROPERTY AT 16 5 OH ONE SOUTHWEST WARFIELD'S BOULEVARD.
THIS IS A REQUEST FOR CONTINUOUS. YES, SIR. UM SO THE ISSUE HERE WE HAVE IS SIGNAGE.
UM THERE'S SOME ISSUES WITH THE TYPE OF SIGNAGE IS BEING USED IN THE EXTENT OF TIME THAT THEY'RE BEING USED FOR. IT'S CONSIDERED TEMPORARY SIGNAGE, AND THEY ARE IN NEED OF A PERMIT. UM IN ORDER TO HAVE THIS TYPE OF SIGNAGE UP AND SOME OF THE SIGNS AND ARE, I THINK IT'S REALLY JUST YOU KNOW THEY'RE LOOKING AT TRY TO MARKET OR ADVERTISE BUSINESS, AND THERE'S SOME OF THE SIGNAGE THAT'S BEING USED AS PROHIBITED WITHIN OUR TOWN. SO UM, I DID RECEIVE A CALL FROM THIS, UM, REPRESENTATIVE FROM THE MDC 17 LLC. UM AND THEY ARE FROM OUT OF STATE, AND THEY ARE MAKING ARRANGEMENTS TO SPEAK WITH MANAGEMENT. THIS HAPPENS TO BE THE NEW TRACTOR SUPPLY. PROPERTY THAT'S IN TOWN. UM AND SO THEY'RE TRYING TO MAKE ARRANGEMENTS TO GET IN CONTACT WITH MANAGEMENT THERE AND, YOU KNOW, MAKE SURE THAT EVERYBODY'S ON THE SAME PAGE WITH REGARDS TO WHAT TYPE OF SIGNAGE IS PERMITTED, UM, WITHIN THE TOWN, SO I WANTED TO GIVE THEM SOME
[00:15:04]
MORE TIME JUST TO COMPLY AND HOPEFULLY, YOU KNOW WE CAN GAIN AN UNDERSTANDING HERE OR WHAT TYPE OF SIGNAGE IS PERMITTED. UM SO IF WE CAN, I DON'T FORESEE THIS BEING SOMETHING THAT NEEDS TO BE, YOU KNOW, YOU KNOW. DELAYED OR STRETCHED OUT TO DECEMBER. IF WE COULD JUST DO ABOUT A 30 DAY CONTINUANCE ON THIS, I THINK IT SHOULD BE GOOD, SO I'M GOING TO CONTINUE THE CASE UNTIL OCTOBER, 18TH OKAY, THAT CAN BE HEARD THEM. ALL RIGHT. ALRIGHT SO THE NEXT, OKAY? UM 22-81 PETROLEUM VENTURES LLC. DOING BUSINESS AS JOHN LEONARD PROPERTIES HOW L. C UM. IT'S UH, I'M SORRY. UM IT'S GONNA BE 22 SQUARE GROW INCORRECTLY, OKAY? IT'S. ALRIGHT SO IT'S 22 DAYS. 080 VILLAGE SQUARE TO LLC SORRY. PROPERTIES 15 9 35 SOUTHWEST WARFIELD'S OVER HEAD. UM SO THIS PROPERTY, UM I DID RECEIVE A CALL BACK FROM THE REGISTERED AGENT OF THE VILLAGE SQUARE TO LOC, MR. DANIELSON, HAYEK AND, UM UNFORTUNATELY, HE'S OUT OF OUT OF THE STATE. UM BUT HE IS GOING TO BE COMING BACK INTO TOWN WITHIN THE NEXT FEW DAYS AND HAS MADE ARRANGEMENTS TO MEET WITH ME THERE AT THE SITE. JUST TO GO OVER THESE VIOLATIONS ONE BY ONE, SOME OF WHICH HAVE ALREADY BEEN ADDRESSED. UM, BUT THERE ARE A FEW THAT HE'D LIKE TO SPEAK WITH ME AND MORE DETAIL. UM IN ORDER TO COMPLY. SO ON THIS CASE, WE ALSO WANTED TO REQUEST A 30 DAY CONTINUANCE. UM WHICH WOULD PUT US OFF TO OCTOBER 18TH. ALRIGHT SO I'M GOING TO CONTINUE THIS CASE UNTIL OCTOBER, 18TH, OKAY? OR ANYTHING ELSE TO COME BEFORE US KNOW EVERYTHING ELSE HAS BEEN COMPLIED. GOOD. THAT'S. EXCELLENT SO OUR NEXT HEARING IS OCTOBER 18TH HERE IN CHAMBERS AT 10 A.M. AND, UM. THERE'S ANYTHING ELSE. THANKS. RIGHT? YEP, THAT'S IT, AND, UM MAGISTRATE WILLIAMS WILL BE HERE BOTH FOR THE OCTOBER AND* This transcript was compiled from uncorrected Closed Captioning.