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02/05/2020 Nuisance Abatement Board Meeting Minutes February 5, 2020 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 e Meeting Minutes Wednesday, February 5, 2020 3:00 PM Main Library - Council Chambers Nuisance Abatement Board Page 1 City of Clearwater Nuisance Abatement Board Meeting Minutes February 5, 2020 Roll Call Present 6 - Chair Leanne Grayston, Board Member Nancy O'Neill, Board Member Gary Baker, Board Member MaryAnn Lane, Board Member Meg Taylor, and Board Member Greg Brown Absent 1 - Vice Chair Susan Oliveto Also Present: Matthew Smith —Assistant City Attorney, Rosemarie Call — City Clerk, Thomas Trask— Board Attorney, and Stephanie Stutz - Paralegal To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. 1. Call to Order— Chair Grayston The meeting was called to order at 3:00 p.m. in Council Chambers at the Main Library. 2. Approval of Minutes 2.1 Approve the minutes of the June 5, 2019 Nuisance Abatement Board meeting as submitted in written summation by the City Clerk. Board Member Baker moved to approve the minutes of the June 5, 2019 Nuisance Abatement Board meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 3. Citizens to be Heard Regarding Items Not on the Agenda — None. 4. New Business Items 4.1 Elect Chair and Vice Chair As required by the Board's Rules of Procedure, the Chair and Vice Chair shall be elected at the annual organizational meeting. Page 2 City of Clearwater Nuisance Abatement Board Meeting Minutes February 5, 2020 Attorney Tom Trask reviewed the Board's nomination process for the Chair and Vice Chair. Members O'Neill and Brown nominated Member Grayston as Chair. Mr. Trask said having no other nominations on the floor, a motion is not needed. Member Grayston will remain as Chair for the next year. Chair Grayston nominated Member Oliveto as Vice Chair. Mr. Trask said having no other nominations, Member Oliveto will remain as Vice Chair for the next year. 4.2 Case No. 2020-01 - City v. Wendy S. Solomon Witnesses were sworn prior to their testimony. Assistant City Attorney Matthew Smith presented the case. He called forward the Undercover Narcotics Sergeant. The Sergeant reviewed his training and professional background. He said when narcotics activity comes to the Unit's attention, it is determined if the activity fits the ordinance and statute definitions before it is referred to the Legal Department. If Legal determines the activity falls within the ordinance and statute criteria, the Police Chief will authorize a letter to the property owner or operator to meet with the District Lt. The Sergeant said his role was to supervise the Vice and Narcotics undercover detectives who were conducting the controlled purchases of narcotics outlined in the complaint. The Sergeant said he was familiar with the property located at 1576 S. Washington Avenue, Clearwater, FL. The property had been an issue for residents for some time. The narcotics activity came to his attention on June 20, 2019 when the first narcotics purchase from the location was conducted. A confidential informant identified the site as a location where drugs were sold. He said the District Lt. also informed him that several complaints were received about the property and requested the unit to attempt a controlled purchase if a confidential informant was available. He said he was informed that the site attracted large crowds, loud music, and frequent visitors who were believed to be purchasing narcotics from several subjects at the site. The Sergeant prepared a statement of costs associated with the drug related investigations conducted on June 20, 2019, June 28, 2019 and July 9, 2019, the total cost to the Department was $823.22. Page 3 City of Clearwater Nuisance Abatement Board Meeting Minutes February 5, 2020 Mr. Trask explained the cross-examination process. Property Owner Wendy Humphrey said she had no questions to ask. In response to a question, Ms. Humphrey said 'Solomon' was her former name. Mr. Smith called forward Lt. Natalia Illich-Hailey. Lt. Illich-Hailey reviewed her professional experience. She said the letter sent to the property owner by the Police Chief instructed the property owner to contact Sergeant Steven Baginski in order to discuss how to mitigate the identified nuisances. The property owner was informed if the criminal activity continued, she would be brought before the Nuisance Abatement Board. Lt. Illich-Hailey said she was familiar with the activities at the subject site, which triggered the threshold to send a letter to the property owner. She said the Chiefs letter informs the property owner that criminal activity on the property was observed and needed to be resolved. The property owner was instructed to contact Sgt. Baginski since she was out of the office for training. Ms. Solomon had no objections for Exhibit 1 being accepted into evidence. Chair Grayston accepted Exhibit 1 into evidence. In response to questions, Lt. Illich-Hailey said she was advised by staff that the certified letter(Exhibit 1) was received. She met with Sgt. Baginski when she returned to the office, Sgt. Baginski was not contacted by the property owner. On April 4, 2019, Lt. Illich-Hailey went to the property to initiate contact with the property owner. She sent an email to the Department's internal group advising them of her meeting with Ms. Solomon, summarizing her discussion. During the meeting, Ms. Solomon acknowledged she believed Mr. William "Chill" Wilson was the problem tenant. Ms. Solomon also acknowledged the noise and drug complaints associated with her property. Lt. Illich-Hailey said not renting to Mr. Wilson was discussed as part of the mitigation strategy, Ms. Solomon stated that Mr. Wilson's lease expired and she did not have an updated lease. Ms. Solomon also stated that she would not evict Mr. Wilson because he said he was moving out. She said they discussed the need to include language in the lease that states any illegal criminal activity will lead to immediate eviction. It was also suggested that tenants provide photographic identification with the lease and full background checks on future tenants be conducted. She said adding exterior lighting to the property and addressing the exterior appearance were also Page 4 City of Clearwater Nuisance Abatement Board Meeting Minutes February 5, 2020 recommended as part of the mitigation strategy. Lt. Illich-Hailey said Ms. Solomon stated that Mr. Wilson was no longer paying the monthly rent. She met with Ms. Solomon on January 9, 2020, the only rental agreement she was able to produce was dated 2017. She said Ms. Solomon has not provided an updated rental agreement that includes language addressing illegal criminal activity. Lt. Illich-Hailey said she was not aware if Ms. Solomon had taken any action to evict Mr. Wilson, Mr. Wilson was in jail during the January 9 meeting for unrelated charges. She was advised on June 18, 2019 by Officer Fredrick that Ms. Solomon gave him a copy of a 3-day eviction notice for Mr. Wilson. Mr. Wilson did not accept the eviction notice and Ms. Solomon did not file a formal eviction in court. Lt. Illich-Hailey said she was not aware if Ms. Solomon conducted background checks on tenants or had a current list of tenants. To date, exterior lighting had not been installed. A lot of the exterior trash was addressed. Ms. Solomon did not object to submitting Exhibit 2 into evidence. Chair Grayston accepted Exhibit 2 into evidence. In response to questions, Lt. Illich-Hailey said she met with Ms. Solomon on May 7, 2019 and sent an email to the internal group summarizing the discussion. She said Ms. Solomon informed her that a written lease was still not in place because she was still working out the rules. Mr. Wilson was still a tenant but not consistently paying rent. Lt. Illich-Hailey said she reiterated the recommendations made prior and noted no progress had been made. Ms. Solomon did not object to submitting Exhibit 3 into evidence. Chair Grayston accepted Exhibit 3 into evidence. In response to questions, Lt. Illich-Hailey said, as of May 2019, Ms. Solomon had a clear understating of what the expectations were to mitigate the identified issues. She said some of the code enforcement issues were addressed but the problem tenant was not addressed and measures to correct the narcotic activity did not occur. She last met with Ms. Solomon on January 9, 2020; Ms. Solomon was aware that Mr. Wilson had been arrested. Lt. Illich-Hailey said she was not aware of any additional narcotics activity on the property since January 2020. She was not Page 5 City of Clearwater Nuisance Abatement Board Meeting Minutes February 5, 2020 aware if any of the recommendations in the mitigation strategy were implemented since meeting Ms. Solomon on January 9. Ms. Solomon cross-examined Lt. Illich-Hailey. In response to questions, Lt. Illich-Hailey said Ms. Solomon addressed the identified exterior code violations but the recommendations related to the problem tenant, Mr. Wilson, were not adhered to. Ms. Solomon was not willing to evict the tenant if he did not move out on his own. The recommendations about having valid and current lease agreements were not addressed. She said Mr. Wilson was never required to submit an updated lease agreement. She said she was first made aware of the 3-day eviction notice when Officer Fredrick provided her a copy of the notice in June 2019. She said as of July 2019, the eviction process was never filed in the courts. During the January meeting with Ms. Solomon, she said Mr. Wilson was still the tenant based on the only lease Ms. Solomon has for that property. It was suggested Ms. Solomon provide the eviction to Mr. Wilson while he was in jail since his location was known. Lt. Illich-Hailey said if she thought Ms. Solomon was following through with the eviction, she would not have explained how to evict Mr. Wilson while he was in jail. Mr. Smith called forward the Undercover Narcotics Detective. The Detective reviewed his training and professional background. He said he was familiar with the property located at 1576 S. Washington Avenue, Clearwater, FL. He said he was the lead detective and debriefed an informant who had information regarding the illegal activity at the residence. Information provided by the informant lead the unit to investigate the property several times. He said an undercover narcotics investigation occurred at the subject property on June 20, 2019. He said he met with a confidential informant on that day and discussed the activity going on at the property and conducted a controlled purchase at the subject residence. The informant made contact with Mr. Wilson and purchased$40 worth of crack cocaine. He said a confidential informant is a citizen who agrees to assist anonymously in a criminal investigation, the individual provides information that assists with the investigation. On June 20, 2019, the informant indicated that they could purchase drugs from William Wilson at 1576 S. Washington Avenue and that Mr. Wilson resided at that address. He said the confidential informant was searched prior and after the controlled purchase to ensure they did not have any illegal substances or money in their possession,- the ossession,the informant possessed only the Clearwater Police Department funds Page 6 City of Clearwater Nuisance Abatement Board Meeting Minutes February 5, 2020 given to conduct the controlled purchase. He said the informant was under continuous surveillance. The confidential informant reported they approached the property and told Mr. Wilson they wanted to purchase a "40"($40 in crack cocaine). After the informant provided Mr. Wilson the $40, Mr. Wilson told Terrell Bell to get the crack cocaine, which was located in the residence's laundry room. He said Mr. Bell came back and gave the crack cocaine to the confidential informant. The Detective said Mr. Bell was known to also be a resident at the subject property and that Messrs. Wilson and Bell were known to be engaged in narcotics activity at the residence. The investigation on June 20 confirmed that Messrs. Wilson and Bell engaged in narcotic activity at the subject property. A presumptive test proved that the purchased narcotics was crack cocaine,- the ocaine,the substance was sent to the Pinellas County Forensic Laboratory, where it tested positive for cocaine. Based on the undercover observations of June 20, 2019, he said the crimes committed at the premises were possession and sale of cocaine, which constitutes a felony in the state of Florida. The Detective said the case has been referred to the state attorney. He said another controlled purchase was conducted on June 28, 2019 with the assistance of a confidential informant. The confidential informant was searched and prepared in the same manner as on June 20. The informant believed they could purchase illegal drugs at the subject property. The informant was under surveillance the entire time. The Detective said on this occasion there were several people loitering out front. The informant asked for "Chill"(Mr. Wilson) and purchased $40 worth of crack cocaine. The controlled purchase tested presumptive positive for crack cocaine and then sent to the Pinellas County Forensic Lab for testing, where it tested positive for cocaine. He said the possession or sale of cocaine in the state of Florida is a felony. The crimes committed on June 28 consisted of possession and sale of crack cocaine, which are felonies. The Detective said another undercover investigation occurred on July 9, 2019 at the subject site. The confidential informant was searched and prepared for the controlled purchased in the same manner as the previous investigations. The informant was provided funds to conduct the controlled purchase and was under surveillance the entire time. The confidential informant went to the subject property and approached Mr. Wilson and asked for a "40"($40 worth of crack cocaine). It was reported that Mr. Wilson reached into his pocket and pulled out a sandwich bag with substance that appeared to be crack cocaine. He said Mr. Wilson handed over pieces of crack cocaine to the informant in exchange for the $40. The Detective said that the confidential informant handed over the presumptive illegal substance to him. A presumptive field test was conducted, the illegal substance tested positive for cocaine. He said the illegal substance was also sent to the Pinellas County Forensic Laboratory and tested positive for cocaine. The possession or sale of Page 7 City of Clearwater Nuisance Abatement Board Meeting Minutes February 5, 2020 cocaine in the state of Florida is a felony. The Detective said the crimes committed on July 9, 2019 were the possession and sale of cocaine,- the ocaine,the case has been referred to the state attorney. The Detective said after the cases were referred to the state attorney's office, there is an ongoing investigation of the possession and sale of methamphetamines at the subject property. Although Mr. Wilson was arrested, illegal narcotics activity has continued at the site. Ms. Solomon had no questions for the Detective. Ms. Solomon said she wants to do what is right. She said she started the eviction process and filed the eviction notice at the court on June 4, 2019. She said the eviction process has been ongoing since January and that 5 days were added to the eviction process because a notarization was needed. She has tried to contact Lt. Illich-Hailey to confirm everything was fine and that she started a second eviction notice. She said the exterior area of the property has been cleaned up. Ms. Solomon said she has not witnessed any drugs on the property. In response to questions, Ms. Solomon said she filed an eviction notice against Mr. Wilson and that the final 5-day process has begun. She did not have any records on her person regarding the current eviction notice. She had no witnesses on her behalf. Attorney Smith provided a PowerPoint presentation outlining staffs recommendations to the Nuisance Abatement Board. Ms. Solomon said the recommended fines were too high and that she could not afford to pay the fines. She said she forgot to bring copies of the current eviction notice. Chair Grayston moved 1) to declare 1576 S. Washington Avenue an unlawful public nuisance, 2) to order discontinuation of the nuisance drug activity per city code, Section 20.02(11)(c)1, and 3) to prohibit owner from renting any unit to William Wilson or Terrell Bell and begin eviction proceedings in the event any named individual still resides at or intends to return to premises. The motion was duly seconded and carried unanimously. Chair Grayston moved to implement the following mitigation strategies: • Have a written rental agreement, with verbiage stating that any illegal criminal activity will lead to immediate eviction process; Page 8 City of Clearwater Nuisance Abatement Board Meeting Minutes February 5, 2020 • Require tenants to show photographic identification and attach a copy or photograph of that identification to the lease; • Add exterior lighting; • Improve outside appearance (lots of trash, rubbish, vehicles parked on the property itself). The motion was duly seconded and carried unanimously. Chair Grayston moved to impose a fine of$750 ($250 x 3 days) for each day nuisance activity occurred (June 20, 2019, June 28, 2019 and July 9, 2019). The motion was duly seconded and carried Unanimously. In response to questions, Attorney Smith said the costs associated with the case were as follows: June 20, 2019 - $203.98 for 4 detectives, $28.14, $11.00 evidence submission cost, $40.00 used for the controlled purchase June 28, 2019 - $233.12 for 5 detectives, $11.00 evidence submission cost, $40.00 used for the controlled purchase July 9, 2019 - $233.12 for 5 detectives, $11.00 evidence submission cost, $40.00 used for the controlled purchase It was stated that it was not appropriate to charge the defendant with the cost of the narcotics operation. Chair Grayston moved to award reasonable costs associated with the investigation of $823.22 per the Narcotics Sergeant's testimony. The motion was duly seconded and carried with the following vote: Ayes: Chair Grayston and Board Members Lane, O'Neill and Brown; Nays: Board Members Baker and Taylor. Motion carried. Chair Grayston moved to award reasonable costs associated with the hearing/attorneys' fees/investigative costs/ costs of recording order of $587.30 per the Clerk. The motion was duly seconded and carried unanimously. Page 9 City of Clearwater Nuisance Abatement Board Meeting Minutes February 5, 2020 Attorney Trask said the order will be executed within ten days. The property owner will be obligated to comply. He directed Ms. Solomon to contact Attorney Smith with any questions. 4.3 Case No. 2020-02 - City of Clearwater v. DEVOM LLC. 5. Adjourn Attest jA4-LIVUth-, City Clerk City of Clearwater Assistant City Attorney Matthew Smith said Mr. Patel, the property owner, was not present and requested the Board continue the hearing to the next meeting. Chair Grayston moved to Case No. 2020-02 - City of Clearwater v. DEVOM LLC to the next meeting. The motion was duly seconded and carried unanimously. The meeting adjourned at 4:39 p.m. it uisance Aba Page 10 ent Board