[00:00:01]
ME. UM. ALRIGHT I'M GOING TO CALL TO ORDER THE VILLAGE OF INDIAN TOWN. UM MAGISTRATE HEARING FOR DECEMBER. 20TH 2022 , IF YOUR CARE TO JOIN ME IN THE PLEDGE OF ALLEGIANCE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION. WELL WITH LIBERTY. ALRIGHT, BE SEATED. THIS CANTERO. I SEE YOU'RE HERE
[1. December Docket 2022]
IN THE AUDIENCE, AND I UM. THIS IS OUR PEREZ. IT'S BEEN THREE MONTHS. I I'M GETTING EVERYBODY MIXED UP. UM ALRIGHT. SO MS PEREZ UM, LET'S SEE. SHE SHE IS FOR THAT CASE YOU ARE I RECOGNIZED YOU, BUT. OKAY? I QUESTION I WAS GOING TO TAKE THIS CASE LATER. BUT I SINCE YOU WERE FIRST IN, UM WHAT? I AM LEARNING. IS THAT MR GRIFFIN IS NOT IN ATTENDANCE. AND I HEAR IS NOT APPARENTLY MADE THE COMPARISON THAT I'VE REQUESTED THAT HE MAKE SO WHAT I'M ANTICIPATING IS THAT WE ARE GOING TO CALL HIM PUT HIM ON SPEAKERPHONE. OKAY AND THEN LET'S SEE IF WE CAN GET A HOLD OF HIM AND FIND OUT WHAT THE STORY IS. UM NOT THAT I ANTICIPATE HIM MAKING A DECISION, BUT I DO ANTICIPATE HIM COMING IN. AND PREPARING A REPORT. OKAY, SO THAT. SO THAT THE PARTIES I MEAN, WHO HAVE BEEN WAITING NOW FOR MONTHS, CAN YEAH. GET SOME SATISFACTION ONE WAY OR THE OTHER. OKAY. IF IT'S ALL RIGHT, I'M GONNA GO AHEAD AND TRY TO THANK YOU. IF YOU'RE ABLE TO REACH HIM, MAYBE WE'LL JUST PUT THE PUT THE PHONE HERE, SO THAT OKAY? I CAN SPEAK DIRECTLY TO HIM. HOW YOU DOING? UM, IS THERE ANY WAY I CAN SPEAK WITH THOMAS THOMAS GREEN? UM MY NAME IS ROB PEREZ. I'M WITH THE VILLAGE OF INDIAN TOWN CALLED COMPLIANCE DEPARTMENT AND YEAH. SO WE'RE CURRENTLY IN THE MIDST OF THIS, UM, SPECIAL MAGISTRATE HEARING AND OUR MAGISTRATE WOULD LIKE TO SPEAK WITH HIM DIRECTLY ON THE RECORD. IN ORDER TO GIVE GET SOME INSIGHT ON THE CIRCUMSTANCE. UM THAT THERE IS THERE ANY WAY THAT HE COULD POSSIBLY BE REACHED. YEAH. OKAY? NOT A PROBLEM. THANK YOU. SO THEY'RE GOING TO TRY TO REACH HIM. NOW HE'S OUT OF THEM IN THE FIELD, THEY SAID. THEY'RE GOING TO TRY TO REACH THEM. OKAY? WELL, THEN MAYBE YOU CAN CALL IN SO WE DON'T WIND UP WITH A OKAY, THREE WAY CALL. ALRIGHT IN THAT CASE, YOU YOU GO AHEAD. LET'S SEE IF I CAN. DO ONE OTHER THING WHILE WE'RE WAITING. THERE WAS A CASE NEW JERUSALEM EVANGELICAL CHURCH INC CASE NUMBER 22 DASH IT WAS 65 THAT I IN UH, SEPTEMBER GRANTED A CONTINUANCE TO YES, SIR. AND MY UNDERSTANDING IS THAT NOW THAT MATTER, WHICH INVOLVED. VIOLATIONS OF SECTION 21.75 POINT ONE UNSAFE STRUCTURE.21.75 POINT TWO ON SAFE EQUIPMENT AND 21.1 14 NEXT YEAR WALL DAMAGE IS NOW IN COMPLIANCE. YES, SIR. OKAY GREAT . SO WE WON'T BE HEARING THAT CASE. YES. WHY'D. ALL RIGHT, AND I'M GOING TO ASK THAT YOU PLACED UH, IN THE RECORDS SO THAT WE'V, SIR. MR GRAYTON. YES, SIR.
SPEAKING. OKAY? HMM. OKAY? OKAY WELL, LET ME LET ME IF YOU GIVE ME ONE SECOND. JUST GIVE ME ONE
[00:05:01]
SECOND HERE. SO THEY, UM THEY TRIED TO REACH HIM, BUT UNFORTUNATELY WE WEREN'T ABLE TO GET THROUGH TO HIM JUST YET. UM THE GENTLEMAN THAT'S ON THE PHONE HERE DID CONFIRM THAT THEY ARE EXPECTING HIM TO BE OR ONE OF THEIR REPRESENTATIVES TO BE VISITING THE SITE. UM TOMORROW IN ORDER TO GET SOME CLARIFICATION ON HARMONIZING THE SURVEYS, BUT HEARINGS TODAY SO YEAH, I'LL TELL YOU WHAT I THINK WHAT I'M GONNA DO IS GO AHEAD AND SUBPOENA HIM FOR THE NEXT FOR THE JANUARY HEARING. OKAY? JANUARY IT WILL BE JANUARY 17TH. OKAY, SO I'M GOING TO ISSUE A SUBPOENA TO MR BRITAIN. YEAH, REQUIRING HIM TO APPEAR. AND THEN WE'LL WE'LL GO FROM THERE.REPORTED. ACTUALLY, YOU'RE GONNA SERVE IT. WE'VE GOT TO SERVE IT ON SUBPOENA PERFORMANCE. DRESS UP. WELL, THAT. I MEAN PROCESS SHORTLY YEAR AFTER THE HEARING PROBLEM. SURE. HOW LONG DO YOU THINK IT'S ALL? I WOULD SAY YOU MEAN AS FAR AS TESTIMONY WAS AS FAR AS THE. AS FAR AS THE SUBPOENA BEING SERVED. HOW HOW LONG DO YOU THINK BECAUSE THEY WANT TO MAKE SURE THEY HAVE SOMEBODY AVAILABLE TO YOU CAN TELL THEM IT'S AT THE 17TH OF JANUARY. SO IT'LL BE. THE HEARING WILL BE IN THE 17TH OF JANUARY. 10 AM 10 AM HERE AT OUR AT OUR VILLAGE HALL. OKAY? OKAY? AND, UM, JUST JUST TO BE SURE. ADDRESS THERE.
IT'S PROBABLY BETTER. MR PRESIDENT, APOLOGIZE THAT WE'RE NOT ABLE TO HEAR THIS CASE TODAY AND I ANTICIPATED THAT WE WOULD BASED ON MY CONTINUANCE. BUT BASICALLY YOU'VE HEARD WHAT'S HAPPENED. I WILL ISSUE A SUBPOENA REQUIRING MR WRITTEN TO ATTEND THE NEXT HEARING. OKAY, SO. THAT'S I THINK ALL WE'RE GOING TO DO IN THAT CASE TODAY. SO THANK YOU VERY MUCH. ALL RIGHT, UM LET'S SEE. MISS FLETCHER. YOU'RE YOU'RE HERE, SO LET'S TAKE YOUR CASE NEXT. IF I'M GOING TO SWEAR IN THE CODE OFFICER AFTER HE TESTIFIES AND PRESENTS HIS EVIDENCE, CALL YOU UP TO THE PODIUM AND THEN I'LL SWEAR YOU IN ADAPT POINT, AND, UM, THE WAY IT PROGRESSES IS IT'S UP TO THE VILLAGE TO MAKE WHAT'S CALLED A PRIMA FACIE CASE, WHICH MEANS IF EVERYTHING HE SAYS IS, IS CORRECT AND ALL OF THE FACTS LINE UP. THEN THE BURDEN FLIPS BASICALLY TO YOU TO REFUTE IT, OR TO EXPLAIN TO MAKE A STATEMENT TO ASK QUESTIONS OF THE OFFICER TO PRESENT YOUR OWN EVIDENCE, IF THAT'S WHAT YOU WANT TO DO. OKAY? ALRIGHT SO WE'RE GONNA HEAR FROM FROM THE CODE OFFICER YOU'LL RAISE YOUR RIGHT HAND IS WHERE A FIRM TESTIMONY ABOUT THE GIVE WILL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH SO HELP YOU GOD! WHENEVER YOU'RE READY.
UM SO THIS CASE WE HAVE CASE NUMBER 22-10 TO, UH, FOR THE PROPERTY OF 16144 SOUTHWEST PINEVIEW AVENUE. UM AND WE HAVE A MR RONALD FLETCHER AND MISS MELISSA FLETCHER. WHO IS HERE PRESENT. UM THE CASES CONCERNING A VIOLATION OF SECTION 12-17 FOR PERMITS. AND IT'S PARTICULARLY IT'S REGARDING A SHED THAT WAS REPLACED ON THE PROPERTY. UM THE RESPONDENTS DID APPLY FOR A, UH
[00:10:05]
YOU KNOW A PERMANENT APPLICATION FOR THE REPLACEMENT OF THIS SHED . UM, AND THROUGH ITS PROCESS, IT WAS REJECTED FROM OUR THROUGH OUR ZONING DEPARTMENT. UM BECAUSE UNFORTUNATELY, IT DID NOT MEET THE SETBACKS AND NEEDED TO BE AT LEAST 10 FT, AWAY FROM THE PRIMARY STRUCTURE. UM AND SPEAKING WITH MISS FLETCHER. UM THE SHED THAT THEY WERE REPLACING HAPPENED TO BE, UM LESS THAN 10. FT. IT WAS ACTUALLY, YOU KNOW, PRETTY SNUGGED UP PRETTY CLOSE TO THE HOME. I DON'T KNOW EXACTLY HOW FAR IT WAS THE, UH, ORIGINAL SHARED, UM. SO IN ANY EVENT, IT WAS REJECTED THROUGH ZONING. UM AND IN SPEAKING WITH MISS FLETCHER. THEY KIND OF ALREADY HAD THIS PROCESS UNDERWAY WITH THIS SHED COMPANY. WHERE THEY WERE GOING TO BE DELIVERING THIS SHED, AND SHE WAS TRYING TO STALL IT FOR SOME TIME. TRY TO AH MEDIATE SOME OF THE ISSUES THAT THEY WERE HAVING WHEN IT WAS ORIGINALLY REJECTED AND ULTIMATELY SHE, UH SHE NEEDED TO HAVE THE SHED DELIVERED AND IT WAS, YOU KNOW, REPLACED AND, UM ARE BUILDING OFFICIAL AT THE TIME HAD VISITED THE SITE IN ORDER TO VERIFY THAT THE WORK HADN'T BEEN DONE. SEEING AS THE PERMIT WAS STILL THE STATUS WAS STILL REJECTED. AND OBVIOUSLY IT WAS NOTICED THAT THE WORK HAD BEEN DONE. UM SO WITH THIS CASE WHERE WE'RE AT IS, UM I HAD A PRETTY LENGTHY CONVERSATION WITH MISS FLETCHER YESTERDAY IS WHERE IN THE PROCESS OF TRYING TO GET A POTENTIALLY AN ADMINISTRATIVE VARIANTS FILED UM, IN ORDER TO, YOU KNOW, APPEASE THE RESPONDENT AND THEIR THEIR SITUATION BECAUSE IT'S A LITTLE DIFFICULT FOR THEM TO FIND AN ALTERNATE LOCATION FOR THIS SHED. UM AND OBVIOUSLY THAT'S GOING TO TAKE SOME TIME. SO WE WANTED TO GIVE THEM A CONTINUANCE TO ALLOT THEM ADDITIONAL TIME TO GET THIS WHOLE THING PROCESSED. AND UH AND THAT'S PRETTY MUCH IT FROM FROM US. THAT'S THAT'S WHAT WE WOULD LIKE TO REQUEST AT THIS TIME. MISS FLETCHER. COME ON UP TO THE PODIUM. THANK YOU OF YOUR RIGHTS. YOUR RIGHT HAND, YOU SWEAR OR AFFIRM THE TESTIMONY ABOUT TO GIVE WILL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH SO HELP YOU ALL RIGHT? SO WE'VE HEARD WHAT UM THE OFFICER HAS SAID. ANYTHING THAT YOU WOULD CHANGE OR DISPUTE.YES. UM I WAS FILLING OUT THE APPLICATIONS. UM, CAME IN PROBABLY SIX TIMES AND IT WAS REJECTED EVERY TIME FOR NOT HAVING LEGIBLE BLUEPRINTS OF THE SHED. AND THEN THEY SAID THERE WAS NO TIE DOWN STRAPS ON THE BLUEPRINTS. UM EVERY TIME I CAME IN AND LOOKED OVER THAT AND SHOWED THEM THAT THE THINGS WERE THERE. NOWHERE ON THE APPLICATION NOWHERE DURING THIS WHOLE TIME THAT I WAS COMING IN. DID ANYONE EVER TELL ME ABOUT A 10 FT SETBACK. UM IT'S NOT ON THE APPLICATION. IF YOU LOOK ON THE FENCE APPLICATION TELLS YOU WHAT SIZE WHAT MATERIALS WHERE IT HAS TO GO. EVERYTHING THERE'S NO SPECS ON YOUR PERMITTING PAPERWORK THAT SAYS A 10 FT SETBACK. SO THAT WAS NEVER AN ISSUE FOR US. SURE WE HAD THE SHED BOUGHT. WE HAD IT GETTING DELIVERED AND I WAS STUCK BETWEEN A ROCK AND A HARD PLACE BECAUSE I'VE ALREADY PAID FOR THE SHED. SO UM, I DID MENTION IT TO ONE OF THE LADIES IN THE OFFICE. AND SHE SAID, YOU KNOW, YOU'RE CORRECT. IT SHOULD SAY ON THE APPLICATION THAT THERE IS A 10 FT SETBACK. BUT IT'S NOT THERE. I'M SORRY. AND I WAS STUCK. YOU KNOW, I TRIED TO FOLLOW ALL THE RULES. UM AND YOU CAN GO THROUGH THE PAPERWORK AND SEE ALL OF THE PAPERS THAT THEY SENT ME. IT NEVER SAID ANYTHING ABOUT A SETBACK. IT WAS ALWAYS THEY NEED A NEWER BLUEPRINTS. THEY NEEDED BIGGER BLUEPRINTS, AND THEY NEEDED I EVEN SENT IN A MAP OF WHERE THE SHED WAS GOING TO SIT THAT NEVER GOT REJECTED.
OKAY SO I HAD NO IDEA TO THE VERY LAST MINUTE. OH, NO. YOU HAVE TO PUT IT 10 FT, AWAY FROM EVERYTHING. SO I WAS STUCK TO ALL RIGHT, UM. UM MR PREZ? YOU'VE HEARD THAT TESTIMONY? YES. ANYTHING YOU WANT TO REFUTE THEIR? UM NO, I MEAN AND. YOU KNOW, I WOULD LIKE IT TO BE NOTED, OBVIOUSLY IN IN A AND OUR PROCESS. I DON'T DIRECTLY. I DO DIRECTLY WORK WITH THE BUILDING DEPARTMENT, BUT I'M NOT IN ENTIRELY INVOLVED IN ALL THEIR PROCESSES. UM SO WHEN I GET INFORMED FROM OUR BUILDING OFFICIAL THAT THERE WAS WORK DONE WITHOUT A PERMIT, OBVIOUSLY RIGHT AWAY. IT GETS IT GETS CITED. AND THEN I STARTED, YOU KNOW. GETTING INTO THE ACTUAL BUILDING PERMIT AND DISSECTING EVERYTHING SPEAKING WITH MISS FLETCHER AND GETTING SOME OF
[00:15:06]
HER, UM INSIDE AND THIS IS REALLY WHY WE WANT TO TAKE THIS STEP TO GET HER ON THE RIGHT TRACK TO COMPLIANCE. I MEAN, WE COULD DEFINITELY SYMPATHIZE WITH WHAT SHE'S SAYING. WHAT I DO KNOW IS THE APPLICATION WAS FILED, OR AT LEAST FROM WHAT I'M SEEING IN OUR SYSTEM. IT WAS RECEIVED BACK IN MAY. UM AND SPEAKING WITH MY SUPERIOR, I KNOW THAT THERE WAS SOME REVISIONS MADE, UM TO OUR SHED AND SHED PERMIT APPLICATION SINCE THEN, UM SO I'M GONNA BE HOPEFULLY, BEING I'M GOING TO TRY TO PULL IT UP AND ENSURE THAT MAYBE THOSE THINGS HAVE BEEN DONE OKAY? AND I'LL ONLINE LAST WEEK. OKAY THE SAME. MAKE SURE I BRING THAT TO OUR OUR BUILDING DEPARTMENTS. UH ATTENTION, BUT OKAY AT THIS POINT, I MEAN IRREGARDLESS OF SETBACK IS IT'S 10 FT. FROM THE PRIMARY STRUCTURE. UM ACCORDING TO THE BURBAGE IN THE CODE FOR AN ADMINISTRATIVE VARIANTS IT IT DOESN'T PERMIT ANYTHING LESS THAN 50% OF THE ACTUAL SETBACK, SO THAT WOULD TAKE IT DOWN TO ABOUT FIVE FT. AWAY I KNOW. AND JUST IN THIS SMALL CONVERSATION I HAD WITH MS FLETCHER. THERE WAS SOME CONCERNS WITH THAT AS WELL. SO I JUST REALLY WOULD LIKE TO VISIT THIS WITH OUR BUILDING OFFICIAL AND SOME OF OUR ZONING OFFICIALS AND TRY TO GET HER ON THE RIGHT TRACK. WHAT I'M GOING TO DO IS KIND OF TREAT THIS LIKE A LIKE A STATUS CONFERENCE. WE HAVEN'T TAKEN ANY EVIDENCE THAT THE VILLAGE HASN'T PRESENTED ANY DOCUMENTS OR ANYTHING LIKE THAT. SO LET'S DO THIS. I WILL GO AHEAD CONTINUE THE CASE UNTIL THE JANUARY HEARING. AND THEN IF IT'S IN COMPLIANCE YOU DON'T NEED TO ATTEND. IF IT'S NOT IN WHAT THE VILLAGE CONSIDERS TO BE COMPLIANCE, THEN YOU WILL HAVE TO ATTEND WILL TAKE EVIDENCE.YOU CAN PRESENT YOUR DOCUMENTS AND ANYTHING ELSE YOU WANT TO PRESENT, THEN I'LL GO THROUGH IT, BUT HOPEFULLY HOPEFULLY, YOU'LL BE ABLE TO, UM WORK SOMETHING OUT AS FAR AS AN ADMINISTRATIVE VARIANTS WITH THE WAS IT JUST THE VILLAGE AND THEN THAT KIND OF NORMALIZES THAT SHED SO THAT IF YOU WERE TO SELL THE PROPERTY OR WHATEVER IT WOULD BE ILLEGAL USE AND LEGAL STRUCTURE. OKAY SO THAT'S KIND OF THE IMPORTANT PART OF THAT, RIGHT? ALRIGHT GOOD. SO THAT'S THAT'S WHAT WE'LL DO. I'LL JUST GO AHEAD AND CONTINUE TO UM. JANUARY 17, RIGHT? YES, SIR. AND 17. 23 HAPPENING FAST, OKAY? ALRIGHT SOMEBODY WILL NOTIFY ME BEFORE THAT BECAUSE I'M A TEACHER, SO I'LL BE CLASS AT THAT TIME, ACTUALLY AN ORDER THAT'S ISSUE. THAT'S A LITTLE ONE PAGE ORDER THAT THAT CONTINUES THIS YEAR RING. TO THAT DATE. OKAY OKAY, THEN YOU'LL GET A COPY OF THAT COULD ALSO HAND DELIVERED TO YOU, MISS FLETCHER. IF YOU'D LIKE. I KNOW YOU HAD SOME ISSUES YOU WERE SAYING WITH CERTIFIED MAILING, SO, YEAH. SO I COULD I COULD I MAKE SURE I HAND DELIVER IT TOO, SIR. TO HER PROPERTY. OKAY YEAH . THANK YOU. THANK YOU. GOOD LUCK. OKAY? LET'S SEE. AND THENM OR A SERVICIO MANTEO. ETESS MIRACLE IN PEREZ. IT'S 22-99.
AND WHAT ARE WE DOING WITH THAT CASE, SO THIS ONE IS ALSO GOING TO GET A CONTINUANCE? UM SIMILAR SITUATION WORK WITHOUT PERMIT. THEY'VE HAD SEVERAL MEETINGS WITH OUR BUILDING DEPARTMENT AND BUILDING OFFICIAL AND HAVE ACQUIRED A FEW OF THE PERMITS THAT THEY NEED ALREADY. THERE'S STILL A FEW THAT ARE UNDERWAY, SO WE JUST WANT TO GIVE THEM SOME ADDITIONAL TIME. UM MAYBE 30 DAY CONTINUANCE WOULD BE SUFFICIENT FOR THEM AS WELL. ALL RIGHT, AND, UM LET'S SEE WHAT KIND OF WORK WAS IT? WE HAVE A WHOLE LINE OF WORK GOING ON. THERE'S THERE WAS ELECTRICAL WORK FOR A NEW PANEL THAT WAS INSTALLED, UM, EXTERIOR DOORS AND WINDOWS THAT WERE REPLACED.
AND, UM, THEN PLUMBING AS WELL AS YEAH. SO THEY WERE PRETTY MUCH DOING A WHOLE RENOVATION OF THAT PROPERTY. OKAY SINCE THEN, THEY'VE BELIEVE ALREADY ACQUIRED THE EXTERIOR DOORS AND WINDOWS PERMIT. UM IN ARE IN THE PROCESS OF OBTAINING THE ELECTRICAL AND PLUMBING PERMITS. NOW WITH OUR BUILDING DEPARTMENT. ALL RIGHT. SO, UM. DO YOU? DO YOU THINK THAT THEY CAN GET THE PERMITS THEY NEED BY JANUARY. 17TH I BELIEVE SO. YES SIR. YES SIR. I SPOKE WITH BOTH THE BUILDING OFFICIAL AND A RESPONDENT SINCE THEN, AND THEY'VE ASSURED ME THAT THERE GOING TO BE GETTING ALL THE PERMIT APPLICATIONS AND EVERYTHING TURNED IN, UM, WITHIN THAT TIME FRAME. OKAY? ALRIGHT,
[00:20:05]
SO THAT'S THE. THAT'S THE FOUR CASES THAT WE'VE GOT TODAY. YES, SIR. OKAY. GOOD. UM. ANYTHING ELSE TO COME BEFORE US TODAY. NO, SIR. ALRIGHT SO THE NEXT HEARING IS JANUARY 17TH. 2023 AT 10 A.M. AND WE'LL SEE YOU ALL THEN. THANK YOU. THANK YOU HAVE YOUR HOLIDAYS TO YOU CHRISTMAS.HAPPY NEW
* This transcript was compiled from uncorrected Closed Captioning.