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06/07/2023 Nuisance Abatement Board Meeting Minutes June 7, 2023 City of Clearwater Main Library- Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 r Meeting Minutes Wednesday, June 7, 2023 3:00 PM Main Library - Council Chambers Nuisance Abatement Board Page 1 City of Clearwater Nuisance Abatement Board Meeting Minutes June 7, 2023 Roll Call Present 4 - Chair Gary Baker, Board Member Leanne Grayston, Board Member Meg Taylor, and Board Member Frank Persechino Absent 3 - Board Member Nancy O'Neill, Vice Chair Leslie Coley, and Board Member MaryAnn Lane Also Present: Melissa Isabel —Assistant City Attorney, Rosemarie Call — City Clerk, Thomas Trask— Board Attorney, and Stephanie Beruvides - Paralegal To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. 1. Call to Order— Chair Baker The meeting was called to order at 3:00 p.m. 2. Approval of Minutes 2.1 Approve the minutes of the September 7, 2022 Nuisance Abatement Board meeting as submitted in written summation by the City Clerk. Board Member Persechino moved to approve the minutes of the September 7, 2022 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 Case No. 2022-01 - City of Clearwater v. Estate of Josephine Dixon Witnesses were sworn in prior to their testimony. Mr. Luke Lirot said he represents the entirety of the estate, with the agreement of all who appeared today. Assistant City Attorney Melissa Isabel presented the case. She called forward Lt. Wannos. Lt. Wannos reviewed his training and professional background. He said he was familiar with the property located at 207 Pennsylvania Avenue, which is located within the city of Page 2 City of Clearwater Nuisance Abatement Board Meeting Minutes June 7, 2023 Clearwater. Lt. Wannos said narcotics are illicit drugs that are illegal. The subject property has been identified as a public nuisance because there have been six narcotics search warrants issued at the residence during his employment with Clearwater Police Department. He said, in order to obtain a search warrant, at least two purchases of narcotics must have occurred at the residence. Lt. Wannos said the Chief of Police drafted a letter to the property owner, in this case the estate, that included instructions to contact Lt. Wannos within ten days to establish a mitigation plan for the identified nuisance. The letter was sent via certified mail. He said Kimberly Johnson contacted him on August 18, 2022 and identified that she was in custody of the property. He met with Ms. Johnson and two other family members. He said the mitigation plan included removing the front fence on the north side. He said during his meeting with Ms. Johnson, she stated that cameras were going to be installed and that individuals would be trespassed from the property, she stated no one was residing at the property. Lt. Wannos said, with the exception of trespassing individuals, he was not aware of any of the mitigation efforts being implemented. The fence was taken down. He said there were at least two additional narcotic sales and a subsequent search warrant was executed on the residence. Mr. Lirot cross-examined Lt. Wannos. In response to questions, Lt. Wannos said the statute requires the unlawful sale of narcotics. The State Attorney's office would make the determination if a drug transaction was unlawful through a prosecution. He said he had no involvement in the cases that predicated today's case and was not aware of the outcome of any of the cases that were made pursuant to the efforts undertaken by CPD (Clearwater Police Department) and listed as the predicates for this complaint. Mitigation efforts included taking down the fence, which was done. Ms. Kimberly Johnson said she had planned to renovate the property, trespass individuals, and install a surveillance system. Lt. Wannos said, to the best of knowledge, the surveillance system was not installed. He said he had no knowledge of when CPD last investigated the property. Ms. Isabel called forward Undercover Detective #1. The Detective reviewed his training and professional background. He said he was familiar with the property located at 207 Pennsylvania Avenue. CPD conducted multiple narcotics investigations at the subject property. CPD conducted two investigations on June 1, 2022. The first investigation utilized an undercover informant who purchased cocaine from Freddie Patterson. The drugs obtained form the Cl (Confidential Informant) were field tested and Page 3 City of Clearwater Nuisance Abatement Board Meeting Minutes June 7, 2023 sent to Pinellas County Sheriffs Office for lab testing. The substance obtained tested positive for cocaine and its associated weight was 0.30 grams. Freddy Patterson was charged with sale and possession with intention to sell cocaine, Mr. Patterson plead guilty in February. The cost associated with the investigation was $234.88. The second investigation on June 1, 2022 at the subject property involved a Cl purchasing crack cocaine from Jamayn Johnson. The investigative costs associated with the investigation was $314.98. CPD conducted another investigation at the subject property on June 6, 2022 that involved a Cl purchasing 0.22 grams cocaine from Jamar Johnson. He said the investigative costs associated with this investigation was $264.12. CPD conducted another investigation on the subject property on June 13, 2022 that utilized a Cl to purchase crack cocaine from Carlton Brye. The purchase field tested positive for cocaine and was sent to Pinellas County Sherrifs Office where it tested positive for 0.4 grams of cocaine. The investigative costs associated with the investigation was $314.98. He said CPD conducted an investigation on June 20, 2022 that involved utilizing a Cl to purchase cocaine from Carlton Brye. The purchase field tested positive for cocaine. The investigative costs associated with the investigation was $234.98. CPD conducted an investigation at the subject property on July 11, 2022 where 13.1 grams of MDMA, and 3.75 grams of cocaine and 8.6 grams of cocaine were obtained, Jamayn and Jamar Johnson were arrested. The investigative costs associated with the case was $349.68. CPD conducted an investigation at the subject property on September 20, 2022 that utilized a Cl to purchase crack cocaine from Jamayn Johnson. The purchase was field tested and sent to the lab where it tested positive for cocaine. The investigative costs associated with the investigation was $254.98. CPD conducted a search warrant investigation on September 23, 2022 at the subject property. The Detective said he was involved with a search warrant that was executed on November 3, 2022 at the subject property, there was a seizure of cocaine, MDMA, and drug paraphernalia. The investigative costs associated with the case was $407.96 and$1165.60 for the SWAT Team. Mr. Lirot cross-examined. In response to questions, the Detective said the first case involved Freddy Patterson and he was arrested on February 6, 2023. The second case involved Jamayn Johnson. The Detective said he was not aware of the outcome of that case and was not aware of a no information filed. The third case involved Jamar Johnson, the Detective was not aware if the case went to judgement or if a no information was filed. He said only the State Attorney's office and a court of competent jurisdiction can determine with finality whether something is unlawful. The fourth case Page 4 City of Clearwater Nuisance Abatement Board Meeting Minutes June 7, 2023 involved Carlton Brye and he had no knowledge of the conclusion of the case. The fifth case also involved Carlton Brye and he was not aware of the conclusion of the case. He said the July 11, 2022 case involved two defendants, Jamayn and Jamar Johnson. He was not aware of the conclusion of the case. The Detective said a no information filing is when the State finds no probable cause to prosecute the case. The eighth case occurred on September 20, 2022 and involved Jamayn Johnson, he was not aware if a no information was filed. The Detective said the November 3, 2022 case involved the SWAT Team and the DEA and was filed in state court. The search warrant was predicated on the events of September 20, 2022. Ms. Isabel called forward Undercover Detective #2. The Detective reviewed his training and professional experience. The Detective said he became aware of the subject property when he first became an officer during his patrol time. He said CPD conducted an investigation on June 2, 2022 at the subject property where a Cl was used to purchase $100 of crack cocaine. The Cl purchased directly from Carlton Brye. He said the purchased substance was field tested and sent to the lab where it tested positive for.5 grams of cocaine. The investigative costs associated with the investigation was $294.98. Mr. Lirot cross-examined. In response to questions, the Detective said the incident involving Carlton Brye occurred on June 2, 2022. He said a no information was filed on the case. Ms. Isabel called forward Undercover Detective #3. The Detective reviewed his training and professional experience. He became aware of the subject property when he first started with CPD as a patrol officer. He was involved in two controlled narcotics purchases at the subject property. On September 23, 2022, he said a Cl conducted a controlled purchase of crack cocaine at the location. The Cl purchased .3 grams of crack cocaine from Jamayn Johnson. The substance was field tested and sent to a lab for testing, the substance tested positive for.3 grams of cocaine. The investigative costs associated with the investigation was $157.56. Mr. Lirot cross-examined. In response to questions, the Detective said the investigation occurred on Page 5 City of Clearwater Nuisance Abatement Board Meeting Minutes June 7, 2023 September 23, 2022. He was not aware if the State Attorney's office filed a no information on the case or the outcome of the case. The Detective said he was also involved in a prior investigation at the subject property that involved a controlled purchase of crack cocaine from the residence. The investigation that occurred on September 23, 2022 was the only investigation inquired of him today. Ms. Isabel entered the following documents into the record: Felony Information Charging Documents for Cases 22-06752-CF-D, 22-06712-CF-8, and 22-06717-CF-8. Mr. Lirot said Ms. Dixon was a hard-working woman and had a huge family. Unfortunately, the house has been left in some state of disrepair and inattention. He said the individuals named as heirs present today and those he represents are not mentioned in any of the cases. He said he made an argument toward no information because in order for something to be found unlawful, which is the language included in the statute, there needs to be a final conclusion that the conduct at issue is unlawful. While police officers predicate their determinations on findings of probable cause, if there is a no information filed that means, "the State Attorney, having taken testimony under oath at a State Attorney investigation, concludes that the facts and circumstances revealed do not warrant prosecution at this time."He said something has occurred in the case that has inspired the state Attorney not to pursue a conviction in the case. Mr. Lirot requested consideration, in an effort to alleviate the issue, that a significant fine not be imposed on all who are present but to reach an agreement that would allow the monies associated with a fine to implement a mitigation plan that would eliminate the variables that led to the problem. Kimberly Johnson said she was Ms. Dixon's youngest daughter. She said the house holds six generations. She met with Lt. Wannos regarding the fence, which was removed and security cameras were installed later. She started attending neighborhood watch meetings and asked attendees to call the police if they saw anyone at the house. She said she has trespassed her nephews, Jamayn and Jamar Johnson. She and her siblings are working together to invest what they can into the house. The individuals who were selling the drugs are gone. In response to questions, Ms. Johnson said the house is not currently under lease or occupied, it is vacant. The house is currently being renovated. She said the locks on the house have been changed. A surveillance camera has been installed. She said she worked with Code Inspector Greg Dixon regarding the fence. Ms. Johnson said the family Page 6 City of Clearwater Nuisance Abatement Board Meeting Minutes June 7, 2023 does not know Carlton Brye. She said Freddie Patterson and Jamayn and Jamar Johnson are free, all of Jamayn and Jamar's charges, except one, were dropped. Mr. Lirot said an estate was not established and there was no probate, he is working with the relatives listed on the complaint to provide the local sisters with quitclaim deeds, reducing the ownership to three individuals. Ms. Johnson said the house is used as a gathering place for holidays and family functions. Mr. Lirot provided copies of the following No Information Filings- 22-06850-CF-D, 22-06847-CF-D, 22-06851-CF-D, 22-06849-CF-D, 22-06848-CF, 22-06718-CF-B, 22-06713-CF-B, 22-06711-CF-B, 21-00525-CF-C, 22-06750-CF-D, 22-06750-CF-D, and 22-06751-CF-D. Ms. Isabel said based on the testimony presented today, there are nine events that occurred where the City has provided clear and convincing evidence, which is required by ordinance. The City is asking the following: 1) find the property is a nuisance, 2) determine if a fine ($250 per incident), as well as investigative costs ($5,002.84 in total, plus an attorney fee of$500), are to be imposed, and 3) if deemed appropriate, identify actions the property needs to take to move forward (i.e., install surveillance cameras and provide CPD access to video, install motion-detected lights). Ms. Isabel said if the mitigation plan is implemented within a certain timeframe, such as 60 days, the City will be willing to suspend fine amount. In response to questions, Ms. Isabel said the investigative costs are for the officer's time, not for the controlled purchase. There are some code enforcement issues with the exterior of the building but they were not raised today as they are outside of the Board's jurisdiction. Some of the transactions occurred out in the yard but the search warrant was executed in the house. Mr. Lirot requested consideration to suspend the fine and provide a 90- day-probation period. Board Member Grayston moved to declare the property a public nuisance. The motion was duly seconded and carried unanimously. Attorney Trask said the Board needs to determine if there are any remedies for the property owners to take (i.e., surveillance cameras with shared video system and motion detected lights). He said the third motion would be to address the cost, the fines, and the fees. Page 7 City of Clearwater Nuisance Abatement Board Meeting Minutes June 7, 2023 Board Member Grayston moved to implement the strategies suggested by the attorney regarding the mitigation strategy and provide 60 days. The motion was duly seconded. Mr. Trask said the recommendations provided by the city attorney were to install motion detected lights and cameras with a shared system with CPD, or verify the cameras are existing and can be shared. Discussion ensued with comments made that it is a condition of the property owners to prove within 60 days that the surveillance system is shareable. Upon the vote being taken, the motion carried unanimously. Board Member Grayston moved to institute a $2,250 fine that will be suspended until the next meeting when a decision will be made; should the property not be in compliance with the two mitigation remedies (i.e., install motion detected lights, and cameras with a shared system with CPD), the fine will stand, otherwise it will be waived. The motion was duly seconded and carried unanimously. Board Member Grayston moved to implement the $500 attorney fee and ask the respondent to pay the fee. The motion was duly seconded and carried unanimously. Discussion ensued regarding implementing the investigative costs with concerns expressed that the family members were aware of the problem for some time and did not get together until a hearing was called. In response to a suggestion, Attorney Trask said the Board can authorize the requirement for the payment of the investigative fees that were testified to after August 3, 2022. Board Member Persechino moved to charge only the fees that accrued after the property owners were notified on August 3, 2022. The motion was duly seconded and carried unanimously. Attorney Trask said he will prepare the Order for the Chair's review and signature. Once signed, the order will be provided to Mr. Lirot within five days, per city code. In response to questions, Attorney Trask said the Board will meet again to determine if the property owners are in compliance and determine if Page 8 City of Clearwater Nuisance Abatement Board 5. Adjourn Meeting Minutes June 7, 2023 the $2,250 fine will go away. The $500 -fine, per city code, must be paid immediately upon entry of the order. The City Clerk was directed to confirm with the Board Members their availability for the next meeting. The meeting adjourned at 4:33 p.m. Attest '.11-C-k14-dak. 0- 1JX City Clerk City of Clearwater C air Nuisance Ab.tement Board Page 9