RYAN MANASSE, >>ORLANDO GUDES: ROLL CALL. >>BILL CARLSON: HERE. >>GUIDO MANISCALCO: HERE. >>JOSEPH CITRO: HERE. >>CHARLIE MIRANDA: HERE. >>ORLANDO GUDES: HERE WE HAVE A PHYSICAL QUORUM. >>ORLANDO GUDES: THANK YOU. ALL RIGHT. ITEM NUMBER 86. CITY STAFF? >> MY NAME IS KENDRICK DONNELLY, ASSISTANT CITY ATTORNEY, ON BEHALF OF THE CITY PRESENTING A REVIEW HEARING ON THE APPLICATION, LOCATED AT 3401 NORTH 15th STREET. AS A PRELIMINARY, WE CREATED EVIDENCE BINDERS FOR ALL THE COUNCIL MEMBERS. HOPEFULLY THEY ARE ALL UP THERE. >>ORLANDO GUDES: GET A LITTLE CLOSER TO THE MIKE. >>KENDRICK DONNELLY: I APOLOGIZE. I WANTED TO MAKE SURE EVERYBODY HAD A COPY OF THE BINDER. SO THERE WILL BE REFERENCES TOTAL BINDER IN THE PowerPoint PRESENTATION AND THE SPECIFIC TASKS WILL INDICATE WHAT WE ARE REFERENCING SO IF YOU WANT TO HAVE YOUR EYES ON THIS SPECIFIC DOCUMENT THEY WILL BE AVAILABLE FOR YOU HERE AS WELL. WE ARE HERE FOR THE PUBLIC HEARING ON THE CONSIDERATION OF THE SUSPENSION OF THE SALE OF ALCOHOL AT YBOR GROCERY STOP AGAIN LOCATED AT 3401 NORTH 15th STREET. YOU ALL HAVE HEARD HEARINGS LIKE THIS BEFORE. WE WILL BE DEALING WITH FOR THE MASK ISSUE FOR RESTAURANTS OR FOR BARS. THIS IS SPECIFICALLY FOR A CONVENIENCE STORE. SO IT'S A LITTLE DIFFERENT. THERE ARE SOME CRIMINAL VIOLATIONS THAT ARE INCLUDED IN THE VIOLATIONS THAT WE ARE PRESENTING TOD. IT'S A LITTLE DIFFERENT THAN THE ONE YOU HEARD PREVIOUSLY. BUT AS FAR AS THE SONGS SANSS, THE SANCTIONS ARE THE SAME AND WE ARE GOING TO GO THROUGH THOSE TOGETHER. AS A PRELIMINARY OVERVIEW, AGAIN, YBOR GROCERY. THIS HEARING IS GOVERNED BY CODE SECTION 27-318. THERE IS A COPY OF THAT IN THE DOCUMENT THAT'S LOCATED AT TAB B-1. WE WILL GOFF THROUGH THAT AGAIN LATER. THE FIRST THING WE ARE GOING TO TALK ABOUT AFTER WE TALK ABOUT THE CODE SECTION IS THE OWNERSHIP. WE ARE GOING TO PRESENT WHO THE PRERTYWNER IS, THE PARTIES INVOLVED, DISCUSS THE SPECIFIC AB PERMIT THE THAT IS GOING TO INCLUDE THE STATE PERMITS AS WELL AS THE LOCAL ORDINANCE THAT GRANTS THEM THE ABILITY TO SELL ALCOHOL AT THE LOCATION. THEN WE ARE GOING TO TALK ABOUT THE NOTICE REQUIREMENT UNDER 27-318 THAT WE HAVE TO PROVIDE FOR THOSE, TO THOSE INDIVIDUALS. AND THEN AS FAR AS THE VIOLATIONS WE ARE GOING TO START WITH CODE VIOLATIONS, AND THEN WE ARE GOING TO MOVE ON TO CRIMINAL VIOLATIONS, THERE'S GOING TO BE TWO SECTIONS, ONE RELATED TO DRUGS SPECIFICALLY AND THE OTHER RELATED TO FIREARMS. THE NEXT WE ARE GOING TO TALK ABOUT PRI NOTICE OF PROPERTY VIOLATIONS BECAUSE THERE HAVE BEEN PRIOR TIMES WHEN THEY HAVE BEEN NOTIFIED BY TPD THAT THERE ARE ISSUES ON THE PROPERTY IN AN EFFORT TO TRY TO REMEDY THOSE ISSUES. YOU WILL HAVE INFORMATION LATER FOR THAT. AND WE WILL ALSO HAVE -- TIME. >> [OFF MICROPHONE] RIGHT NOW I WOULD LIKE TO DIRECT YOUR ATTENTION TO THE SLIDE, THE FIRST SLIDE WHICH PROVIDES A MAP OF THE AREA SURROUNDING YBOR GROCERY. YOU CAN SEE THAT YBOR GROCERY LOCATED AT 3401 NORTH 15th STREET AND THIS IS IN THE INTERSECTION OF NORTH 15th STREET AND 22ND AVENUE, TAMPA. TO ORIENT YOU TO THIS NEIGHBORHOOD, AND FOR CONTEXT, THIS INTERSECTION IS LOCATED ABOUT ONE BLOCK SOUTH OF THE ORANGE GROVE MAGNET SCHOOL WHICH IS A MIDDLE SCHOOL WITH OVER 400 STUDENTS. HAS BEEN IN THE NEIGHBORHOOD SINCE 1926. IT'S LESS THAN A BLOCK FROM NEXT GENERATION KIDS EARLY CHILDHOOD LEARNING CENTER WHICH IS LOCATED ON SANCREST STREET, A PRE-K CHILD CARE FACILITY. IT'S ALSO LOCATED ABOUT FOUR BLOCKS SOUTH OF RAGAN PARK. MOST IMPORTANTLY, THOUGH, WHAT I WANT THIS VISUAL TO PROVIDE FOR YOU IS THIS LOCATION IS A COMMON CORE DO, 15th STREET IS A COMMON CORE DO, HOWEVER YBOR GROCERY IS ALMOST ENTIRELY SURROUNDED BY RESIDENTIAL AREA WHICH IS INCLUDED ON THIS MAP. OWNERSHIP. 3401 NORTH 15th STREET HAS BEEN OWNED B RITA GONZALEZ FERNANDEZ SINCE DECEMBER 17 OF 2003. IF I CAN DIRECT YOU TO SECTION A UNDER BINDER 2 THROUGH 5 THAT I AM CURRENTLY SPEAKING ABOUT, THE PROPERTY HAS BEEN LEASED TO MOHAMMAD SOBH, AND RAN HIS BUSINESS SINCE THAT TIME AND HE'S REGISTERED AS A REGISTERED AGENT OF YBOR GROCERY STOP. AT THIS POINT I WOULD LIKE TO CALL TO THE MIKE ERIC COTTON, WHO IS OUR DEVELOPMENT COORDINATION MANAGER FOR DEVELOPMENT AND GROWTH MANAGEMENT DEPARTMENT. HE'S GOING TO ORIENT YOU TO THE AB PERMITS THAT CURRENTLY EXIST FOR THIS PROPERTY. AND I BELIEVE HE'S PRESENT ON THE SECOND FLOOR. >>ERIC COTTON: ERIC COTTON, DEVELOPMENT COORDINATION. I HAVE BEEN SWORN. JUST A VERY BRIEF SUMMARY ON THE ZONING ISSUES, AND THEN THAN THE APPROVAL FOR THE SALE OF ALCOHOLIC BEVERAGES. THE PROPERTY ITSELF IS ZONED CI COMMERCIAL INTENSIVE, WHICH WOULD ALLOW FOR THE USE OF A RETAIL STOREHAT DOES SELL CONVENIENCE GOODS. THE UNDERLINING ZONING ALLOWS FOR THE PROPERTY. THE ZONING -- IT WAS CONSTRUCTED BACK IN 1946, AND CITY COUNCIL APPROVED A LOCATION FOR SALE OF BEER AND WINE WHICH IS A 2(APS) UNDER FILE L-7913, ADOPTED BY ORDINANCE 7265-A. THE CURRENT LAST ONE, THE STATE SIGNED OFF IN 2014. IF THERE ARE ANY QUESTIONS REGARDING THE UNDERLINING ZONING ISSUE? >> THANK YOU, ERIC. THESE TABS ARE THE INFORMATION THAT ERIC JUST PRESENTED IS LOCATED IN SECTION A TAB 6 AND 7 OF YOUR BINDERS IN CASE YOU WANTED TO FLIP TO THOSE DIRECT SECTIONS. SO ALCOHOLIC BEVERAGE LICENSE SUSPENSION HEARINGS ARE GOVERNED UNDER SECTION 27-318 C OF THE CITY OF TAMPA CODE OF ORDINANCES. THIS SPECIFIC SUBSECTION B OF 27-318 SPEAKS TO THE REVOCATION F ALCOHOLIC BEVERAGES FOR CAUSE. UNDER THIS SPECIFIC SUBSECTION IN ORDER FOR CITY COUNCIL TO SUSPEND OR REVOKE AN ALCOHOLIC LICENSE YOU MUST FIRST MAKE THE DETERMINATION THAT A PROPERTY OWNER, THE HOLDER OF THE BEVERAGE LICENSE, PRIORITIES OF THE ESTABLISHMENT, OR ANY AGENT OR EMPLOYEE THEREOF HAS BEEN FOUND TO HAVE VIOLATED OR HAS BEEN CONVICTED OF ONE OR MORE OF THE 14 QUALIFYING CRITERIA THAT ARE THEN LISTED IN SUBSECTION A THROUGH X. IN THIS CASE TONIGHT, WE ARE DIRECTING YOUR ATTENTION TO SUBSECTION E, C AND D SPECIFICALLY. B, C AND D. THEY ARE BEFORE YOU ON THE SCREEN SO YOU CAN FOLLOW ALONG. SUBSECTION B SPEAKS TO THE MAINTENANCE OF A NUISANCE ON THE PROPERTY. SUBSECTION C SPEAKS TO ENGAGING AND/OR PERMITTING DISORDERLY CONDUCT ON OR ABOUT THE PROPERTY. AND SUBSECTION D SPEAKS TO OPERATION OF THE ESTABLISHMENT IN A MANNER THAT REPEATEDLY OR ON GOING BASIS HAS NEGATIVE SECONDARY EFFECTS ON THE SURROUNDING PROPERTY. THES NEGATS CAN INCLUDE VIOLATIONS OF CITY CODE, ORDINANCE OF STATE LAW RELATING TO NOISE, PARKING OR TRASH AND DEBRIS AFTER HAVING HAD REASONABLE NOTICE TO TERMINATOR CORRECT ANY OF THOSE PROBLEMS. THE NEXT SLIDE SPEAKS TO NUISANCE DEFINITION. THIS IS HERE SO THAT IN UNDERSTANDING SUBSECTION D WHICH WAS JUST BEFORE YOU, IT INCLUDES THIS DEFINITION OF NUISANCE, BECAUSE WHAT WE ARE LOOKING FOR IS A KIN OF DEFINED BY CODE OR COMMON LAW. THIS ONE IS SPECIFICALLY POINTING YOU TOWARDS WINWARD VERSUS CITY OF DESTIN, A 1999 DCA CASE AND HOW THE TERM NUISANCE CERTAI IDENTIFIABLE HARM KLEUG PARTICULAR LAND USE MIGHT HAVE ON SAFETY OF THE PUBLIC AS A WHOLE AND THAT'S BASICALLY ONE OF THE PARTS WE ARE TALKING ABOUT TONIGHT. THAT'S A DEFINITION OF NUISANCE TO KEEP IN THE BACK OF YOUR MIND. FLIPPING BACK TO THIS, THIS EVENING YOU ARE GOING TO HEAR EVIDENCE OF THE PROPERTY OWNER AS WELL AS THE PRIORITIES OF THE ESTABLISHMENT HAS VIOLATED SUBSECTION B, C AND D, AND ONCE AGAIN, THAT NUISANCE, CONDUCT AND SECONDARY NEGATIVE EFFECTS IN THE NEIGHBORHOOD -- DISORDERLY CONDUCT. AND WE ARE GOING TO BE ASKING YOU TO MAKE A FINDING THAT THESE SUBSECTIONS HAVE BEEN VIOLATED. AND THEN AFTER THAT FINDING WE ARE GOING TO BE ASKING YOU TO SUSPEND THE ABILITY FOR THE ESTABLISHMENT TO SELL ALCOHOL FOR 30 DAYS. OKAY NOTICE. THIS IS POINTING YOU TO 27-318-D. WE WERE PREVIOUSLY TALKING ABOUT C. BUT D IS THE NOTICE OF GOING FORWARD WITH THE HEARING TONIGHT, AND REQUIRES THAT NOTICE OF AN ALCOHOLIC LICENSE SUSPENSION HEARING BE SENT BY CERTIFIED MAIL TO THE PROPERTY OWNER ANDWNER AT LEAST 30 DAYS BEFORE THE HEARING. IN THIS PARTICULAR INSTANCE, IN COMPLYING WITH THIS REQUIREMENT, BOTH THE PROPERTY OWNER RITA GONZALEZ AND THE OPERATOR OF THE ESTABLISHMENT MOHAMMAD SOBH, THEY RECEIVED FIFTY DAYS NOTICE BEFORE -- EXCUSE ME, 56 DAYS BEFORE TONIGHT. ADDITIONALLY, THIS MADE SURE THEY WERE FULLY ON NOTICE OF WAT WAS GOING TO BE HAPPENING. OUR PINIELLA DETECTIVE FOR TPD PROVIDED HAND DELIVERY OF BOTH INDIVIDUAL NOTICE AND OUR AMENDED NOTICE. I DIRECT YOU TO THE PROPERTY NERND BUSINESS OWNER. SECTION B-4. AT THIS POINT IN TIME WE'LL BEGIN ESTABLISHING THE FIRST OF THOSE THREE SUBSECTIONS WE DISCUSSED. WE ARE GOING TO DISCUSS NOW THE NUISANCE ON THE PROPERTY AND THE NEGATIVE SECONDARY EFFECTS ON SURROUNDING PROPERTY, BY CALLING TO YOUR ATTENTION THE PREVIOUS CODE ENFORCEMENT VIOLATIONS THAT OCCURRED. SO I WOULD LIKE TO AT THIS TIME CALL DETECTIVE CTIS WILLIAMS WITH THE TAMPA POLICE DEPARTMENT TO THE MICROPHONE. I BELIEVE HE'S ON THE SECOND FLOOR. >> GOOD EVENING. DETECTIVE CURTIS WILLIAMS. I HAVE BEEN SWORN. >>THE CLERK: PLEASE RAISE YOUR RIGHT HAND. (OATH ADMINISTERED BY CLERK). >> I DO. GOOD EVENING. I WILL GIVE A BRIEF SUMMARY OF MY EXPERIENCE -- >>ORLANDO GUDES: CAN YOU TURN THE VOLUME UP SO COUNCIL CAN HEAR? >> GOOD EVENING. IS THAT A LITTLE BETTER? >>ORLANDO GUDES: A LITTLE BETTER. >> I'LL GIVE YOU A BRIEF OF MY EXPERIENCE WITH THE PARTICULAR LOCATION. I HAVE BEEN IN LAW ENFORCEMENT FOR 24 YEARS, THE LAST 14 WITH TPD. MY FIRST SEVERAL YEARS WITH TPD WAS PATROLLING EAST TAMPA ON THE STREETS AT NIGHT. AND DURING THAT TIME, THIS PARTICULAR LOCATION INTERSECTION WAS NOT SYNONYMOUS WITH LAW ENFORCEMENT, WAS NOT A FREQUENT LOCATION FOR CALLS. UPON MY RETURN TWO YEARS AGO, THE EAST TAMPA, I WOULD BE CONFIDENT IN SAYING THAT THERE'S NOT AN OFFICER THAT WORKS IN EAST TAMPA THAT IS NOT FAMILIAR WITH THIS LOCATION DUE TO THE ACTIVITY. THAT'S GOING THERE. I CURRENTLY WORK ALONGSIDE THE EAST TAMPA CRA WHERE WE WORK TO REDUCE THE SLUM AND BLIGHT. BLIGHT COMMONLY REFERRED TO AS ANYTHING THAT SPOILS OR DAMAGES. I BELIEVE THIS MEETS THAT CRITERIA. THE BUSINESS IS OPEN 24/7, IT OPERATES MORE LIKE A CLUB THAN A CONVENIENCE STORE, AND THE FIRST REALLY CAME TO THE ATTENTION OF LAW ENFORCEMENT IN A MORE SEVERE SENSE IN JUNE OF 2020 WHEN OFFICERS WERE CALLED TO THAT LOCATION FOR SEVERAL HUNDRED SUBJECTS BEING ON THE PROPERTY, IN THE INTERSECTION, IT TK MORE THAN 100 OFFICERS RESPONDING TO HELP DISBURSE THE CROWDS THAT WERE THERE, AND RESULTED IN INJURY OF TWO POLICE OFFICERS. DUE TO THE PERSISTING ACTIVITY AT THE LOCATION AND MY CURRENT ASSIGNMENT, I ALWAYS TRY AND FIND A SOLUTION TO A PROBLEM AT THE LOWEST LEVEL POSSIBLE. SO AT THIS POINT, I WENT AND I ACTUALLY MET WITH MOHAMMAD SOBH AT THE BUSINESS LOCATION ALONG WITH CODE ENFORCEMENT OFFICER KRIS CAL RAMOS. WE HAD A CONVERSATION. WE EXPLORED THE BUSINESS INSIDE AND OUTSIDE AND WE DISCUSSED THE PROBLEM, POINTED THEM OUT AND MADE SOME SUGGESTIONS AT THAT TIME OF IDEAS THAT COULD PERHAPS ALLEVIATE THE ONGOING PROBLEM. I DON'T HAVE ANY OTHER WAY TO PUT IT THAN I LEFT THERE FEELING LIKE IT WHATS A LOT OF LIP SERVICE, SO I RETURNED SHORTLY AFTER, TALKED, AND AGAIN THE CROWDS WERE BACK HANGING OUT, SOME LEANING UP AGAINST THE WALL, WHICH IS COMMONPLACE ANYTIME OF DAY, EVEN AS EARLY AS 7:30 IN THE MORNING. THE OWNER OF THE PROPERTY WAS ALSO NOTIFIED ON THAT DAY. I BELIEVE OFFICER ELMORE CAN SPEAK ME ARE IN TO THAT OF THE ONGOING PROBLEMS. TODAY YOU ARE GOING TO HEAR FROM OFFICERS, CODE ENFORCEMENT AND THE PUBLIC ON THE CONCERNS THAT THIS BUSINESS CONTINUES TO OPERATE WITH DANGEROUS PROTOCOL. THIS BUSINESS LIKE WAS TOLD TO YOU IS ONE BLOCK AWAY FROM A DAYCARE CENTER, TWO BLOCKS AWAY FROM A MAGNET SCHOOL, AND I JUST REALLY WANT TO STRESS THAT ALTHOUGH THIS IS THE FIRST TIME COUNCIL IS HEARING THIS CODE, POLICE DEPARTMENT HAS WORKED DILIGENTLY ON TRYING TO REMEDY THE SITUATION. WITH THE EFFORT TO TRY AND NOT BE HERE TODAY. IF YOU HAVE ANY QUESTIONS I WOULD BE GLAD TO ANSWER. >> THANK YOU, CURTIS. AT THIS TIME WE ARE GOING TO CALL UP KRYSTAL RAMOS, ONE OF OUR CERTIFIED CODE ENFORCEMENT OFFICERS WITH THE NEIGHBORHOOD ENHANCEMENT DEPARTMENT. SHE'S GOING TO WALK YOU THROUGH SOME OF THE VIOLATIONS THAT HAVE PREVIOUSLY BEEN ISSUED AGAINST THIS PROPERTY, AND SHE'S ALSO GOING TO PRESENT PHOTOS. THE PHOTOS ARE GOING TO BE ON THE SCREEN BUT IT MIGHT BE DIFFICULT TO SEE THEM SO I AM GOING TO DIRECT YOU TO SECTION C TAB 3, AND ALL THE PHOTOS ARE GOING TO BE IN THE SAME ORDER THAT KRYSTAL IS PRESENTING. IF YOU WANT TO OPEN UP SECTION 3, SECTION D HAS THREE, SO YOU CAN FOLLOW ALONG WITH WHAT KRYSTAL WILL EXPLAIN TO YOU GUYS. AND I BELIEVE CRYSTAL HAS PREVIOUSLY BEEN SWORN. >> YES. >>ORLANDO GUDES: YOU MAY PROCEED. YOU MAY PROCEED. >> MY NAME IS KRYSTAL RAMOS, A CERTIFIED CODE ENFORCEMENT OFFICER WITH CITY OF TAMPA NEIGHBORHOOD ENHANCEMENT DIVISION. I HAVE BEEN A CODE OFFICER SINCE THE 2014. I HAVE BEEN AN OFFICER IN DISTRICT 3 SINCE 2019. I HAVE BEEN CERTIFIED BY THE ICC INTERNATIONAL CODE COUNCIL SINCE 2016. ON FEBRUARY 17, 2021 DETECTIVE WILLIAMS AND I CONDUCTED AN INSPECTION ALONG WITH TWO OTHER STATE OF FLORIDA AGENCIES WHICH ARE ALHOL AND TOBACCO AND LOTTERY DIVISION, AND FOUND TO BE IN VIOLATION FOR THE FOLLOWING TAMPA CODE SECTIONS. 19-273-A, G WALL CEILINGS, IJ ELECTRICAL, 19512, OPERATION OF A BUSINESS WHERE WIND CARRIES REFUSE INTO THE STREET, AND 5-105.1 BUILDING PERMIT REQUIRED. A NOTICE OF VIOLATION WAS ISSUED FOR SAID VIOLATIONS. THE NOTICE WAS GENERATED VIA CERTIFIED MAIL TO THE PROPERTY OWNER ONEBRUARY 17, 2021. THE CERTIFIED MAIL WAS RECEIVED AND SIGNED FOR ON FEBRUARY 22ND OF 2021. >> AND I WANT TO LET EVERYONE KNOW ONCE MORE, SHE'S NOW GOING TO BE SPEAKING SPECIFICALLY TO SECTION E SUBSECTION 3. SO YOU CAN FOLLOW ALONG WITH THOSE PHOTOS SO YOU UNDERSTAND WHAT'S GOING ON. GO AHEAD, KRYSTAL. >> PHOTO ONE IS THE FRONT ENTRANCE TO THE PROPERTY KNOWN AS YBOR GROCERIES. PHOTO TWO IS A PHOTO DEPICTING THE EXTENSION OF THE BUILDING, ROOFING AND ELECTRICAL THAT WAS ADDED TO THE ORIGINAL STRUCTURE INSTALLED WITH NO PERMITS. PHOTO THREE IS THE SECOND PHOTO SHOWING WHERE THE UNPERMITTED ADDITION IS ALSO IN VIOLATION OF ZONING SETBACKS PER CITY OF TAMPA CODE. FEET OF THE NEIGHBORING FIVE- RESIDENTIAL PROPERTY, WHICH IS IN VIOLATION OF SETBACK REGULATIONS. PHOTO FOUR IS SHOWING A NEW AC UNIT WITH ELECTRICAL CONNECTIONS WHICH WAS INSTALLED AT THE REAR SIDE OF THE EXTERIOR BUILDING. THE AC UNIT AND ELECTRICAL WAS NOT INSTALLED TO CODE AND NO PERMITS WERE OBTAINED. PHOTO FIVE IS A PHOTO OF THE EXTERIOR WEST WALL OF THE BUILDING. THIS WALL IS BEHIND THE FRONT COUNTER WHERE SERVICE IS PROVIDED TO PATRONS, A IN THIS PHOTO YOU CAN OBSERVE THE ELECTRICAL BOX WITH EXCESSIVE WIRING THAT IS BEING ROUTED BEHIND ANOTHER WALL AND CIRCUMVENTED THROUGH THE CEILING WHICH IS NOT TO CITY CODE OR PERMITTING. PHOTO SIX SHOWS INSTALLATION OF A COMMERCIAL RANGE THAT WAS INSTALLED ON THE FOOD COOKING AND PREVENTION AREA LOCATED IN FRONT OF THE STORE NEXT TO THE SALES COUNTER. THERE'S A TOTAL OF TWO UNPERMITTED COOKING STATIONS IN THIS BUILDING. THE ARE IN THIS PHOTO IS WHERE ALL THE DELI SANDWICHES ARE PREPARED AND SOLD TO PATRONS. PHOTO 7 IS A CLOSEUP PHOTO OF ELECTRICAL WIRING, CONDUIT INSTALLED BEING SIR CULL VENTED TO THE CEILING ABOVE COOKING STATION ONE. PHOTO EIGHT IS ANOTHER CLOSEUP PHOTO OF THE ELECTRICAL RECEPTACLE AND CONDUIT WIRING INSTALLED WITH NO PERMIT. PHOTO NINE IS AN INTERIOR PHOTO FACING SOUTH SIDE OF THE BUILDING WHICH LEADS TO THE UNPERMITTED SECOND COOKING STATION AND UNPERMITTED BACK FICE DEPICTED IN THE STORE WAY WITH EXPOSED FRAMEWORK WHICH WAS ADDED WITHOUT A PERMIT. PHOTO TEN IS AN INTERIOR PHOTO SHOWING THE EAST SIDE OF THE BUILDING WHERE THE SECOND ILLEGAL COOKING STATION WAS INSTALLED. IN THIS PHOTO YOU CAN ALSO VIEW THE UNFINISHED ROOFING, AC DUCT WORK, ELECTRICAL WIRING AND CONDUITS THAT WERE INSTALLED WITHOUT PERMITS. ALSO TO THE LEFT OF THE PHOTO YOU CAN VIEW THE UNFINISHED WALL ADDITION AND EXPOSED FRAMEWORK. PHOTO ELEVEN IS ANOTHER VIEW FROM THE SECOND COOKING STATION WHICH SHOWS TWO SEPARATE SINKS WITH PLUMBIN CONNECTIONS THAT WERE NEWLY INSTALLED WITHOUT A PERMIT. PHOTO TWELVE IS AN ADDITIONAL INTERIOR PHOTO NEXT TO THE SECOND COOKING STATION WHICH SHOWS THE INSTALLATION OF A WATER HEATER, A SECOND COMMERCIAL -- TO THE RIGHT OF THE PHOTO. ALSO UNFINISHED FRAMEWORK CAN BE VIEWED ALONG WITH NUMEROUS EXPOSED ELECTRICAL WIRING AND PLUMBING AND UNFINISHED CEILING INSTALLED WITH NO PERMIT. PHOTO 13, THIS IS AN INTERIOR PHOTO OF THE SECOND COOKING% STATION DEPICTING THE SECOND EXHAUST HOOD RANGE INSTALLED FOR THE FRIER AND STOVE. THE UNFINISHED CEILING WITH BE SEEN ALONG WITH EXPOSED ELECTRICAL CONDUITS AND WIRING. PHOTO 14, THIS IS AN INTERIOR PHOTO OF THE SECOND COOKING STATION SHOWING THE INSTALLATION OF A DEEP FRIER. THE FRIER IS DIRECTLY ATTACHED TO THE VENTILATION DUCT AND ELECTRICAL CONNECTIONS WHICH CAN BE SEEN RUNNING NEAR THE EDGE OF THE CEILING. PHOTO 15, THIS IS A CLOSEUP PHOTO TAKEN ABOVE THE SECOND COOKING STATION, UNFINISHED CEILING PLUMBING FRAME AND ELECTRICAL INSTALLED WITH NO PERMIT. ALSO THE DUCTS SHOWN IN THE PHOTO ARE CONNECTED TO THE DEEP FRIER BEING VENTED OUT TO AN UNKNOWN AREA. PHOTO 16, THIS IS A CLOSEUP PHOTO, SHOWS THE ORIGINAL PLUMBING TO THE BUILDING IN ADDITION TO THE NEW AND UNFINISHED PLUMBING CONNECTIONS THAT WERE INSTALLED BEHIND THE TWO SINKS AND THE SECOND COOKING AREA WITH NO PERMIT. PHOTO 17 IS A CLOSEUP PHOTO OF ELECTRICAL CONDUITS AND WIRING, CIRCUMVENTED THROUGH THE CEILING IN THE BACK OFFICE. ALSO A NEWLY ALTERED ENTRANCE THAT WAS INSTALLED WITH NO PERMITS. PHOTO ,HIS PHOTO WAS ALSO TAKEN IN THE BACK OFFICE WHEN ELECTRICAL RECEPTACLE AND CONDUIT WERE INSTALLED AND ARE BEING CIRCUMVENTED INTO THE CEILING WITH NO PERMIT. PHOTO 19, THIS EXTERIOR PHOTO SHOWS EXCESSIVE AND OVERFLOW OF TRASH AND DEBREE BRING FACING NORTH 15th WHICH DIRECT DIRECTLY AFFECTS TRAFFIC AND NEIGHBORING PROPERTIES. PHOTO 20, FINAL PHOTO OF TRASH ACCUMULATIONS WHICH CAN BE VIEWED FROM THE RESIDENTIAL FRONT PORCH AND NORTH 15th STREET. THE TRASH SPREADS INTO THE NEIGHBORHOOD AND CITY RIGHT-OF-WAY. THAT IS THE FINAL OF THE PHOTOS. THIS CAUSE WAS PRESENTED AND HEARD AT A PUBLIC HEARING BEFORE THE BUILDING SPECIAL MAGISTRATE ON JULY 14, 2021. THE PROPERTY WAS FOUND IN VIOLATION OF CITY OF TAMPA CODE AS DESCRIBED IN THE ORIGINAL NOTICE OF VIOLATION OBTAINED BY THE OWNER. THE RESPONDENT FOR THE OWNER WAS PRESENT AT THE TIME OF THE HEARING. AS OF TODAY'S DATE, AUGUST 26, 2021, NO PERMITS HAVE BEEN APPLIED FOR OR OBTAINED BY THE PROPERTY OWNER. >> SHEAN ANSWER ANY QUESTIONS FOR CITY COUNCIL. >>JOSEPH CITRO: YOU SAY THIS CASE CAME BEFORE A MAGISTRATE. WAS ANY TIME GIVEN FOR THE PROPERTY TO BE BROUGHT BACK INTO COMPLIANCE? >> YES. I HAVE THE NOTICE HERE. I BELIEVE IT'S 60 DAYS TIMELINE. OH, NO PROBLEM. >> THEY HAVE UNTIL OCTOBER 13 OF 2021 TO COME INTO COMPLIANCE WITH A $75 PER DAY FINE EACH DAY AFTER THAT, IF THEY DO NOT COME INTO COMPLIANCE. >>JOSEPH CITRO: $75 PER DAY UNTIL BROUGHT INTO COMPLIANCE? >> RIGHT. >>JOSEPH CITRO: THANK YOU VERY MUCH. >> YOU'RE WELCOME. >>ORLANDO GUDES: MS. RAMOS, THOSE ARE ALL THE VIOLATIONS UNDER THE MAGISTRATE'S CONTROL AT THIS PARTICULAR TIME? >> YES, IT IS. >>ORLANDO GUDES: THANK YOU. >>JOSEPH CITRO: MR. CHAIR, ONE MORE QUESTION. >>ORLANDO GUDES: YOU'RE RECOGNIZED. >> WAS THE PROPERTY OWNER CRATED ALSO? >> THE PROPERTY OWNER WAS CITED. >>JOSEPH CITRO: OY T PROPERTY OWNER? >> RIGHT. >>JOSEPH CITRO: THANK YOU, MR. CHAIR. >> YOU'RE WELCOME. >> ONE OF THE OFFICERS FROM PD IS GOING TO EXPLAIN -- THE FIRST ONE SAYS IS ROBERT -- HE'S ON THE SECOND FLOOR. (AWAY FROM MICROPHONE) >> GOOD AFTERNOON, COUNCIL. GOOD EVENING. MY NAME IS ROBERT PARKER WITH THE TAMPA POLICE DEPARTMENT, HAVE BEEN HERE FOR 19 YEARS, CURRENTLY ASSIGNED AS THE SERGEANT TOTAL VIOLENT CRIMES FOR DISTRICT 3 WHICH COVERS ALL OF EAST TAMPA. FROM MAY OF 2020 TO PRESENT, OUR UNDERCOVER SQUAD HAS CONDUCTED SEVEN SUCCESSFUL NARCOTICS BUYS OF COCAINE IN THIS AREA. IN ADDITION TO OFFICERS RESPONDING OUT TO THAT LOCATION, 153 TIMES FROM JANUARY 2020 TO JANUARY 2021. IN ADDITION TO OFFICERS RESPONDED OUT TO BE 13 SHOTS FIRED ACTIVATIONS IN THE AREA AND SHOTS FIRED ACTIVATIONS ARE -- IT'S A SOFTWARE PROGRAM THAT THE TAMPA POLICE DEPARTMENT HAS USED. IT DETECTS SHOTS THAT ARE FIRED, AND OFFICERS RESPOND TO THAT AREA, AND WILL GIVE US AN EXACT LOCATION WHERE THAT OCCURRED. OFFICERS THEN TRY TO LOCKETS LOCATE ANY SHE WILL CASINGS AND SO FORTH. WE GET THAT INFORMATION IN SECONDS OF THE ACTIVATION, WHICH HELPS WITH OUR RESPONSE, AND ESPECIALLY IF WE FIND ANYTHING. >>KENDRICK DONNELLY: THERE IS A SLIDE DEPICTING THE NUMBERS THAT HE INDICATED TO YOU OF THE 153 TOTAL LAW ENFORCEMENT EVENTS BETWEEN 2020 AND JULY OF 2021. THERE ARE SEVEN SUCCESSFUL UNRCOV DRUG BUYS BETWEEN MAY 2020 AND JANUARY 2021 AND THE 13 SHOOTING EVENTS A BETWEEN MARCH 2020 AND JULY 2021 FOR SHOTS FIRED. AS PART OF THE INVESTIGATION, PART OF THE REASON WHY SOME OF THESE HAVE TAKEN PLACE BECAUSE LAW ENFORCEMENT RECEIVED SEVERAL CITIZEN COMPLAINTS. ON THE NEXT SLIDE, YOU ARE GOING TO SEE A PICTURE, ACTUAL AUDIO FROM A 911ALL THAT'S COME IN RELATED TO ACTIVITY TAKING PLACE AS YBOR GROCERY. NOW IF YOU TURN TO TAB E-1, THERE IS AN AFFIDAVIT FROM THE 911 RECORDS CUSTODIAN AUTHENTICATING THE AUDIO AND RIGHT BEHIND IT THERE'S AN TRANSCRIPT OF THE CALL. (AUDIO RECORDING BEING PLAYED). (AUDIO RECORDING). >>KENDRICK DONNELLY: THE SPECIFIC INCIDENT AT YBOR GROCERIES, CORPORAL RYAN HILL. CORPORAL RYAN I BELIEVE IS ON THE SECOND FLOOR. CORPORAL RONI HILL. >> I'M RONI HILL WITH TAMPA POLICE DEPARTMENT. I AM A STREET CORPORAL FOR EAST TAMPA. I HAVE BEEN EMPLOYED NINE YEARS THROUGH THE CITY. A YEAR AND A HALF BEFORE THAT, RESERVE OFFICER. I HAVE WORKED THE MAJORITY OF MY CAREER IN EAST TAMPA. I HAVE TAKEN SEVERAL CALLS AT THIS BUSINESS, PATROL OFFICER FROM MY DETECTIVE'S STANDPOINT, AND ALSO I WANT TO TALK TO A CASE THAT I WAS ASSIGNED TO, THE STREET ANTI-CRIME SQUAD, AND ON THIS PARTICULAR NIGHT, IT WAS MARCH 9th, AROUND MIDNIGHT, AROUND 12:40 IN THE MORNING, WE GET VARIOUS COMPLAINTS FOR NARCOTICS AT THE BUSINESS. THAT PARTICULAR NIGHT MY SQUAD BEUSE WE YOU A IS A A LOT OF FOOT TRAFFICS, A LOT OF HAND TO HAND TRANSACTIONS. I WAS PARTNERED WITH SERGEANT ROADS R RHODES. I WAS A PASSENGER IN HIS VEHICLE. WE PARKED ON THE SOUTH WEST CORNER, AND WE HAD AN UNOBSTRUCTED VIEW OF THE BUSINESS. THIS PARTICULAR BUSINESS, YBOR GROCERIES SITS ON THE NORTHEAST SIDE OF THE INTERSECTION, AND THIS PARTICULAR NIGHT WE SAW A GENTLEMAN WEARING A JEAN VEST, LIGHT BLUE SHIRT, LIGHT JEAN PANTS AND HE MADE SEVERAL HAND TO HAND TRANSACTIONS BY THE DUMPER TT YOU SAW IN THE PHOTOS THAT WERE SHOWN PREVIOUSLY. SO I HAD ABOUT EIGHT OFFICERS ON THE SQUAD AT THAT TIME SO WE MADE OUR PLAN, SO WHEN THE GENTLEMAN WENT BEHIND THE DUMPSTER, WE WERE ALL JUST KIND OF MOVE INTO THE PARKING LOT. SO AT THIS PARTICULAR TIME, HE NEVER WENT BACK TO THE DUMPSTER, BUT HE WAS ON THE LEDGE RIGHT IN FRONT OF THE BUSINESS, THE FIRST ENTRANCE DOOR WHEN YOU WALK IN, AT THE WINDOW LEDGE, AND HE WAS -- HE HAD SOMETHING UP THERE. WE COULDN'T SEE WHAT IT WAS, BUT HE WAS IN THE PROCESS OF DOING SOMETHING. SO WE WAITED MAYBE ABOUT 10, 15 MINUTES AND WE ALL JUST MOVED INTO THE PARKING LOT. AS SOON AS WE WENT INTO THE PARKING LOT THE GENTLEMAN TOOK OFF, RAN INTO THE STORE. I FOLLOWED BEHIND HIM. AND HE ENDED UP DISCARDING SOME NARCOTICS INTO THE BUSINESS. HE MADE SPONTANEOUS ADMISSION. ULTIMATELY HE WAS ARRESTED. WE WERE ABLE TO RECOVER THE NARCOTICS. IT WAS 6.9 GRAMS OF CRACK COCAINE AND ANOTHER GENTLEMAN OUT SIDE WHO WAS ALSO SELLING MARIJUANA AND WE WERE ABLE TO RECOVER JUST ABOUT 35 GRAMS OF MARIANA. BOTH SUSPECTS WERE ARRESTED, AND TAKEN TO ORIENT ROAD JAIL. >>KENDRICK DONNELLY: BOTH THOSE INDIVIDUALS WERE CHARGED, PROSECUTED, AND I WAS ONE -- FELONY AMOUNT IN POSSESSION OF COCAINE THAT STEMMED FROM THE CASE. THE NEXT WITNESS THAT WE HAVE IS GOING TO BE OFFICER WAYNE EASILY, ONE OF THE OTHER TRANSACTIONS, NARCOTICSRANSACTIONS TAKEN PLAGUE PLACE ON-SITE. HE'S ON THE SECOND FLOOR. WAYNE EASLEY: GOOD EVENING. MY NAME IS WAYNE EASLE I HE BEEN. I'M A POLICE OFFICER WITH THE CITY OF TAMPA AND I HAVE BEEN FOR 18 AND A HALF YEARS. PRIOR TO THAT TEN YEARS IN LAW ENFORCEMENT IN THE STATE OF MISSOURI, WORKING UNDERCOVER NARCOTICS. FROM FEBRUARY OF 18 TO FEBRUARY OF 21, I WAS ASSIGNED TO THE TACTICAL NARCOTICS TEAM. OUR SOLE MISSION WAS TO CONDUCT STREET LEVEL NARCOTICS BASE ACROSS THE CITY. MY AREA WAS DISTRICT 3, HERE IN TAMPA. WE SENT OUT AN INFORMANT ON THREE SEPARATE INDICATIONS, THE FIRST TIME, AUGUST 6 OF 2020. WE PURCHASED CRACK COCAINE FROM AN INDIVIDUAL ON THE PROPERTY, YBOR GROCERIES. THE SECOND WAS SEPTEMBER 24, 2020. AGAIN PURCHASED NARCOTICS FROM AN INDIVIDUAL SILTING ON A MILK CRATE THERE. THEN THE THIRD TIME WE ARRESTED AN INDIVIDUAL THAT HAD A LOCAL TPD PICKUP BEFORE, NARCOTICS, AT THE TIME OF HIS ARREST HE HAD POSSESSION OF COCAINE, MARIJUANA AND METHAMPHETAMINE ON HIS PERSON. JUST TO PIGGYBACK WHAT SERGEANT PARTNER SAID, THE SEVEN BUYS ONLY REFLECT FROM 20 TO 21 BUT WE HAVE ABOUT 16 BUYS AT THIS LOCATION, ALL FOR CRACK COCAINE. NOTHING LESS, NOTHING MORE. DURING MY TENURE FOR THE NARCOTICS UNIT THERE, WE WOULD CHANGE OUR HOURS AND WE WOULD COME IN AND SATURATE THE AREA BECAUSE IT WAS OUT OF CONTROL. LARGE GROUPS OF PEOPLE, SHOTS BEING FIRED, PEOPLE FIGHTING. IT REALLY IS A NUISANCE. I WAS ASKED TO IS SPEAK ON THESE SPECIFIC CASES TODAY. I WILL ENTERTAIN ANY QUESTIONS THAT YOU MAY HAVE. >>ORLANDO GUDES: ANY QUESTIONS, GENTLEMEN? MR. CARLSON, YOU ARE RECOGNIZED. >>BILL CARLSON: THANK YOU. THE ATTORNEY CAN SHUT ME DOWN IF I SHOULDN'T ASK THIS QUESTION, BUT THIS IS ABOUT ALCOHOL LICENSE RIGHT? AND SO WE HAVE HEARD LOTS OF TESTIMONY ABOUT DRUG DEALING. IS THERE SOME POINT -- I AM JUST ASNG AN INNOCENT QUESTION. IS THERE SOME POINT THAT SOMEBODY WILL TESTIFY TO THE CORRELATION BETWEEN AN ALCOHOL LICENSE AND DRUG DEALING? >>KENDRICK DONNELLY: THAT'S A GREAT QUESTION. DETAILED IN 27-118.HE THINGS- IN ORDER TO SUSPEND THE LICENSE, THE VIOLATIONS DON'T NECESSARILY HAVE TO BE RELATED TO CHOLSALES. BECAUSE THE SALE OF ALCOHOL BEVERAGES ON THE PROPERTY, WE WANT RESPONSIBLE COMMUNITY MEMBERS AND BUSINESSES TO BE ABLE TO SELL ALCOHOL REQUEST THE CITY. AND WHEN THEY ARE ALLOWING AND ENGAGING IN CRIMINAL ACTIVITY, THAT'S A BUSINESS THAT WE DON'T NECESSARILY WANT TO BE ABLE TO SELL ALCOHOLIC BEVERAGES AT THE TIME AND. >>BILL CARLSON: AND AGAIN SHUT ME DOWN IF I CAN'T ASK THIS QUESTION. BUT IS THIS PROPOSAL PART OF A COMPREHENSIVE STRATEGY? BECAUSE SOMEONE TESTIFIED THAT THEY SELL COFFEE THERE. SO THEY DON'T SELL ALCOHOL BUT THEY SELL COFFEE. COULD PEOPLE STILL SELL DRUGS TH? IS THERE MULTI-FACETED SOLUTION TO THIS? >>KENDRICK DONNELLY: SO PART OF THE ISSUE AND YOU WILL HEAR THIS LATER ON IS THERE'S AN EFFORT TO GET THE BUSINESS OWNER TO COOPERATE IN SOME OF THE ISSUES THAT EXIST ON THE PROPERTY. BECAUSE YOU WILL HEAR LATER TESTIMONY AS REGARDING HOW MUCH THEY HAVE BEEN ABLE TO DO AND HOW MUCH THEY HAVE ACTUALLY DONE SO UP TO THIS POINT. BECAUSE OF THAT, WE ARE MOVING FORWARD ON THIS ISSUE. THEY WOULD STILL BE ABLE TO SELL COFFEE AND THAT KIND OF THING, BUT THE IDEA IS THAT WE WANT BUSINESSES THAT SELL AOHOLO BE ABLE TO COOPERATE WITH LAW ENFORCEMENT WHEN THERE ARE ISSUES ON THEIR PROPERTY TO TAKE AN ACTIVE ROLE IN HELPING TO PREVENT AND ALLEVIATE ANY CRIMINAL ACTIVITY TAKING PLACE ON THE PROPERTY. WE DON'T BELIEVE THAT YBOR GROCERY HAS DONE SO AND THAT'S WHY WE ARE -- >>SIMONE SAVINO: I WOULD BRING YOU BACK TO 27-133rd 18-C. THAT TALKS ABOUT WHAT CAN GO ON THE PROPERTY IN ORDER FOR IT TO BE RIPE FOR SUSPENSION OR EVEN REVOCATION OF THEIR ORDINANCE. SO ALL THE INFORMATION THAT'S BEING PRESENTED TO YOU NOW WE BELIEVE FALLS UNDER SUBSECTION EB, C AND D. SO THAT'S WHAT YOU ARE SEEING, THE VIOLATION FOR B, C OR D, WHICH SPEAKS TO THAT NUISANCE, DISORDERLY CONDUCT, OR NEGATIVE SECONDARY EFFECTS ON SURROUNDING PROPERTIES. THAT'S HOW IT'S BEING PRESENTED TO YOU. >>ORLANDO GUDES: WHEN YOU SAY ALCOHOL SALES AT THE PARTICULAR ESTABLISHMENT CAUSES CRIMINAL ELEMENT EFFECTS OF THE NEIGHBOR AND AT THAT LOCATION ON THE PROPERTY. >> AND THAT'S DEFINITELY A POSSIBILITY BECAUSE ONE OF THE ALLEGATIONS DEAL WITH CONGREGATING ON THE PROPERTY AND THE SALE OF ALCOHOL THAT LEADS TO CONGREGATION, THAT FOSTER SOME OF THE THINGS BUT IN 27, 318, THERE DOESN'T HAVE TO BE A CORRELATION. IT'S JUST CRITERIA IN ORDER TO EFFECTUATE A CONNECTION. ORLAO GUDES: THANK YOU, SIR. >>KENDRICK DONNELLY: COUNCIL, WE MOVED ON FROM THE DRUG ALLEGATIONS, AND THE NEXT SECTION IS GOING TO BE DEALING WITH VIOLATIONS THAT INVOLVE GUNS. THE FIRST OFFICER TO TESTIFY IS GOING TO BE OFFICER DERRICK JOHNSON. HE'S ON THE SECOND FLOOR. >> OFFICER DERRECK JOHNSON: >>JOSEPH CITRO: MR. CHAIR, IF I CAN. BEFORE THE NEXT PERSON COMES TO TESTIFY, THIS IS A PACKAGE SALES LICENSE, BUT NO CONSUMPTION ON PREMISES? >> THAT'S CORRECT. >>KENDRICK DONNELLY: THERE'S NO AUTHORIZATION FOR CONSUMPTION ON PREMISES, THAT'S CORRECT. >> THAT'S CORRECT. THE 2(APS) FOR PACKAGE SALES ONLY. >>JOSEPH CITRO: GOOD. THEN I MIGHT HAVE SOME QUESTIONS FOR THE NEXT POLICE OFFICER. THANK YOU. >>ORLANDO GUDES: YOU CAN SEE CONSUMPTION OF ALCOHOL -- [OFF MICROPHONE] >> DERRECK JOHNSON, TAMPA POLICE DEPARTMENT. I HAVE BEEN HERE EMPLOYED APPROXIMATELY 12 YEARS. ON THE NIGHT OF DECEMBER 19, 2020, MYSELF AND OFFICERS RESPONDED TO THE LISTED LOCATION AR, POST INVESTIGATION IT WASHE DISCOVERED THERE WAS A GROUP AT THE LOCATION AT 15th STREET ON THE EAST SIDE OF 15th AND 26th. I HAD A LARGE GROUP ON THE OPPOSITE SIDE, WEST SIDE OF 15th AND 26th. MY INVOLVEMENT WAS I WAS A TRAINING OFFICER AT THE TIME AND PROBATIONARY OFFICER WHERE I SECURED THE SCENE TO CONDUCT CRIMES INVOLVED, ALSO TO OBSERVE THE SCENE WHERE THERE WAS NUMEROUS SHELL CASINGS, AND BULLET PROJECTIL FOU ON THE GROUND, TO INCLUDE DAMAGE OF CARS AND ON THE BUILDING. WE THEN PROCEEDED TO GO INSIDE TO GET THE VIDEO FOOTAGE OF THE CAMERA WHICH POINTS DOWN AT THE EXACT SCENE THAT WE RESPONDED FOR AT WHICH TIME MY BODY CAMERA WAS COVERED UP WITH A JACKET DUE TO THE FACT IT WAS A LITTLE COLD. BUT AUDIO VERSION COULD BE CLEARLY HEARD SAYING I AM GOING BACK AND FORTH WITH THE EMPLOYEES ASKING THEM TO GET ACCESS TO THE CAMERAS TO ALLOW US TO SEE QUICKLY USE RESOURCES TO TRACK DOWN THE PEOPLE THAT WAS OUT HERE SHOOTING. AND TO GET TO THE CAMERAS, FROM MY EXPERIENCE OF BEING IN EAST TAMPA FOR MY 12 YEARS, I HAVE IT HAPPEN BEFORE, I HAVE GONE IN, TRADE TO GET CAMERAS, VIDEO FOOTAGE, AND BACK AND FORTH, THE MANUAL IS NOT THERE, CAMERA NOT WORKING, DON'T HAVE ACCESS TO IT, AND -- >>ORLANDO GUDES: ANY QUESTIONS? >> WITH RESPECT TO THIS PARTICULAR EVENT THERE IS FOOTAGE WE WOULD LIKE TO SHOW ON THE PowerPoint SLIDE. AFTER THE INDIVIDUALS WHO ARE ON THE PREMISES, THESE ARE EVENTS THAT TOOK PLACE AFTER OFFICER JOHNSON WAS ON SCENE SO THEY WERE TAKING PLACE OFF-SITE. AVIATION GOT INVOLVED, AND THE INDIVIDUALS, THE INDIVIDUAL WAS SUBSEQUENTLY LOCATED. MULTIPLE OF THEM WERE LOCATED WITH FIREARMS ON THEIR PERSON. SOME HAVE BEEN CHARGED. SOME CONVICTIONS ALREADY. SOME ARE STILL PENDING. I WILL SHOW YOU THIS IS YBOR GROCERY. A VEHICLE PARKED IN FRONT OF IT. THE BLUE ARROWS ARE POINTING OUT SHELLASIN. 15 WERE LOCATED ON THE PROPERTY. THIS IS A VEHICLE THAT WAS PARKED IN FRONT MUCH YBOR GROCERY. YOU WILL BE ABLE TO SEE A BULLET HOLE IN THE WINDSHIELD THAT STEMMED FROM THE SHOOTING THAT TOOK PLACE ON THE PROPERTY THAT NIGHT. THE NEXT PHOTO YOU WILL SEE ONE OF THE FIREARMS AND BULLETS THAT WAS LOCATED AND, ONE OF THE INDIVIDUALS WAS ARRESTED. THIS IS ANOTHER FIREARM THAT WAS LOCATED IN ASSOCIATION WITH THIS CASE. WE ARE CONTINUING TO SEE ADDITIONAL FAIR ARMS THAT WERE INVOLVED AND LOCATED AS A RESULT. >>JOSEPH CITRO: MR. CHAIR, IF I AM ABLE TO ASK OF ALL THESE WEAPONS THAT WERE TAKEN AND WHO THEY WERE TAKEN FROM, DO YOU HAVE AN AGE RANGE OF THE PEOPLE THAT WERE CHARGED WITH POSSESSION OF THESE FIREARMS? >> I CAN GET THAT FOR YOU. AS FAR AS THE NUMBER, NOT EVERYONE WHO WAS INVOLVED WAS APPREHENDED. THERE WERE CERTAIN PEOPLE WHO WERE NOT. .AS FAR AS THE INDIVIDUALS WHO WERE ARRESTED AND CHARGED, IT WILL TAKE ME A MINUTE BUT I CAN FIND IT FOR YOU. >>JOSEPH CITRO: OFF THE TOP OF YOUR HEAD, WERE THE MAJORITY OF THESE MINORS, OR WERE THESE OF LEGAL AGE? >>KENDRICK DONNELLY: THE ONES WHO WERE ARRESTED WERE ALL ADULTS. THERE IS ONE THAT WAS A MINOR BUT THAT WILL BE DETAILED IN THE NEXT CASE. >>ORLANDO GUDES: I SEE ALL THESE WEAPONS, AND I LOOK A THE NUMBER OF COMPLAINTS YOU HAVE, IN YOUR REPORT, SO WE ARE HERE IN REFERENCE TO ALCOHOL SUSPENSION. BUT I WANT TO KNOW HOW THE NUISANCE ABATEMENT ON THIS PROPERTY WITH THE NUMBER, THE VIOLATION OF CODE THAT I SEE IN THIS BUILDING, WHY ARE WE NOT DOING BOTH? BECAUSE I SEE A NUINCE ABATEMENT CASE HERE, WHEN I SEE ALL OF THIS ACTIVITY ON THIS PROPERTY. >>KENDRICK DONNELLY: THAT'S A GREAT QUESTION. SO THIS WAS ACTUALLY NOTICED FOR VIOLATION FOR THE NUISANCE ABATEMENT BOARD. THEY DID RECEIVE A NOTICE I BELIEVE ON FEBRUARY 17 OF 2021. A ONCE THE NOTICE IS RECEIVED, THAT'S PUTTING THEM ON NOTICE THAT THEY HAVE A RIGHT TO TRY TO COME UP WITH SOME KIND OF ABATEMENT BEFORE IT GOES BEFORE THE PUBLIC NUISANCE ABATEMENT BOARD. I WILL SAY THAT THE PROPERTY IS CURRENTLY BEING MONITORED FOR ANY ADDITIONAL VIOLATIONS THAT QUALIFY. FOR THE NUISANCE ABATEMENT BOARD CRITERIA BECAUSE THERE'S VERY SPECIFIC CRITERIA FOR VIOLATIONS THAT HAVE TO OCCUR WITHIN A SPECIFIC TIME FRAME. AND YES, HE'S GOING TO BE TESTIFYING LATER AND CAN ANSWER SPECIFIC QUESTIONS REGARDING THE NUISANCE ABATEMENT BOARD BECAUSE HE'S THE ONE THAT ACTUALLY PRESENTED THAT LETTER BY NOTICE OF VIOLATION. BUT IT IS BEING CONSIDERED FOR THAT AND IS CONTINUED TO BE MONITORED FOR POTENTIAL PRESENTATION TO THE PUBLIC NUISANCE ABATEMENT BOARD. >>ORNDO GUD: I SEE A LOT OF SITUATIONS HERE, THIS PARTICULAR OWNER OR RENTEE, I SEE A LOT OF THINGS GOING ON. YOU ARE RECOGNIZED. >>BILL CARLSON: TWO QUICK QUESTIONS. ONE, WE OFFER TALK AT COUNCIL ABOUT ESPECIALLY POLICE OFFICER OF THE MONTH, WE TALK ABOUT THE APPRECIATION WE HAVE THAT THEY PUT THEMSELVES IN HARM'S WAY, AND WHAT YOU JUST SHOWED US IS PRETTY FRIGHTENING AND YOU HAVE ONLY GOTTEN PARTLY THROUGH THE PICTURES. TWO QUESTIONS. THE FST ONE IS, WERE ANY OF THESE WEAPONS PULLED ON THE OFFICERS OR WERE ANY OF THEM FIRED AT OFFICERS? >>KENDRICK DONNELLY: IN THIS CASE NO. THERE WERE NONE THAT WERE INVOLVED. NO SHOOTING OF OFFICERS THAT WAS ALLEGED OR ANYTHING LIKE THAT. >>BILL CARLSON: ALONG THE LINES OF WHAT CHAIRMAN WAS ASKING, SEEN A LINEUP OF THE POLICE OFFICERS, OBVIOUSLY WE KNOW CODE ENFORCEMENT AND OTHERS ARE GOING TO WANT TO COMMENT ON IT. JUST A ROUGH GUESS, I BET THIS CITY HAS 100,000 TO 200,00 IN THIS PLUS THE LIVES AT RISK. DOES THE CITY HAVE ANY MECHANISM TO TRY TO GET REIMBURSED FROM VIOLATORS LIKE THIS? >>KENDRICK DONNELLY: I WILL BE HONEST, THAT'S A QUESTION I DON'T NO NO THE ANSWER TO THAT QUESTION. >>BILL CARLSON: I WILL ASK ANOTHER TIME. BUT IT'S A HUGE COST, AND FOR THE CITY TO HAVE TO WADE THROUGH ALL OF THIS. THANK YOU. >>KENDRICK DONNELLY: I WILL SAY IT'S A PRIORITY BECAUSE THERE ARE SO MANY INDIVIDUALS THAT YOU WILL HEAR FROM TODAY, THERE'S SO MANY CITIZENS WHO ARE COMPLAINING ABOUT A LOT OF THE BUSINESSES IN THE AREA, INCLUDING SPECIFICALLY THIS ONE WHICH IS WHY THIIS T FIRST ONE THAT'S PRESENTED. WE WANT TO RESPOND TO THE QUESTIONS FROM THE CITIZENRY. WHEN THEY ARE COMPLAINING ABOUT THE LOCATION, WE ARE GOING TO TRY TO DO WHATEVER WE CAN TO AMELIORATE THE ISSUES AND THIS IS A MECHANISM WE THOUGHT WAS APPROPRIATE. >>BILL CARLSON: AND I THINK IT'S A GREAT INVESTMENT BY THE CITY. IT'S JUST NOT FAIR THAT VIOLATORS DON'T HAVE TO PAY FOR IT. >>SIMONE SAVINO: UNDERSTOOD. >>KENDRICK DONNELLY: THE NEXT CASE THAT'S PRESENTED IS GOING TO BE FROM CORPORAL TAYLOR HART. HE'S DOWNS ON THE SECOND FLOOR. I BELIEVE HE HAS THIS ONE. >>ORLANDO GUDES: HAVE YOU BEEN SWORN? >> YES, SIR, I HAVE. MY NAME IS TAYLOR HART, A CORPORAL FOR THE TAMPA POLICE DEPARTMENT. I HAVE BEENITH E TAMPA POLICE DEPARTMENT FOR NINE YEARS. CURRENTLY I'M ASSIGNED TO THE DISTRICT ANTI-CRIME SQUAD WHICH IS A PLAIN CLOTHES SQUAD THAT RESPONDS TO COMPLAINTS OF NARCOTICS AND VIOLENCE IN PARTICULAR AREAS. THE CASE THAT I AM GOING TO SPEAK TO SPECIFICALLY TODAY HAPPENED ON DECEMBER 27 OF 2020. WE RECEIVED AN ANONYMOUS COMPLAINT ABOUT TWO INDIVIDUALS ON THE PROPERTY OF YBOR GROCERY SELLING NARCOTICS. MYSELF AND SERGEANT CONRAD WERE RIDING IN A TWO-MAN UNIT IN THE AREA, ARRIVED ON SCENE, AND AS WE ARRIVED ON SCENE, THOSE TWO DL ON PROPERTY. UPON COMING IN CONTACT WITH THE TWO INDIVIDUALS, ONE OF THEM WAS AN ADULT, THE OTHER WAS A 15-YEAR-OLD JUVENILE. HE TOLD US THAT HE WAS CURRENT LIT ON ACTIVE PROBATION, THE INCIDENT WAS ABOUT 10:15 P.M. MOST JUVENILE PROBATIONS ARE RIGHT AROUND 7 P.M., SO WE AREWELL L WELL AWARE THAT HE WAS PAST CURFEW. AT THAT POINT HE WAS DETAINED AND SERGEANT CONRAD ASKED HIM IF HE HAD ANYTHING ILLEGAL ON HIS PERSON. THE JUVENILE DEFENDANT THEN STATED THAT HE HAD A FIREARM. LET ME DOUBLE CHECK THE MAKE. IT WAS ACTUALLY A WALTER PK SEMI FIREARM WHICH WAS IN HIS LEFT WAISTBAND. IT ACTUALLY HAD ONE ONE ROUND IN THE CHAMBER AND SEVERAL IN THE MAGAZINE. IT WAS NOT HOLSTERED AND OBVIOUSLY COULD HAVE DISCHARGED ON HIS PERSON AT ANY PARTICULAR TIME. HE WAS ARRESTED AND HIS JUVENILE PROBATION WAS VIOLATE VIOLATED ACCORDINGLY. TO KIND OF ADD TO IT WE WERE OUT THERE FOR QUITE A WHILE BECAUSE WE HAD TO CALL CRIME SCENE TECH TO CALL THE FIREARM. AT NO POINT DID THE PROPERTY OWNER OR ANY RUSE THE BUSINESS COME OUT AND ASK IF ANYBODY WANTED TRESPASSED OR IF THERE WAS ANY ISSUE THAT THEY COULD HELP US WITH. >>ORLANDO GUDES: OFFICER, DID YOU ASK THE PROPERTY OWNER DO YOU WANT A TRESPASS? >> NO, SIR, WE DID NOT IN THIS PARTICULAR CASE, WE DID NOT. BUT IT'S NOT UNCOMMON FOR US TO NOT GET MUCH ASSISTANCE SO THAT'S PROBABLY ON ME. I SHOULD HAVE. >>JOPH CITRO: MA? OFFICER, THIS ISN'T THE FIRST DEALING YOU HAVE HAD WITH THAT GROCERY STORE, IS IT? >> NO, SIR, IT IS NOT. >>JOSEPH CITRO: HOW OFTEN HAVE YOU SEEN FIREARMS THERE? >> SO I CAN SPEAK GENERALLY TO THE CASE THAT WAS TALKED ABOUT BEFORE. IT WAS ACTUALLY MY SQUAD THAT ACTUALLY WROTE THE SEARCH WARRANT ON IT. I DON'T KNOW THE SPECIFICS IF YOU WERE TO ASK ME TIMES OR ANYTHING LIKE THAT BUT WE DID RESPOND TO THAT ACTIVATION OF MULTIPLE ROUNDS. A VEHICLE WAS FOLLOWED BY AVIATION APPROXIMATELY THREE BLOCKS AWAY. AT THAT PARTICULAR TIME. WE ACTUALLY ARRESTED ONE PERSON, AND THEN OBSERVED FIREARMS IN PLAIN VIEW ON THE PROPERTY THAT THE VEHICLE DROVE FROM YBOR GROCERY TO THIS PROPERTY. ONCE WE GOT THERE, A SEARCH WARRANT WAS AUTHORED, MULTIPLE FIREARMS WERE RECOVERED. WE ONLY ARRESTED ONE, BUT LATENT INVESTIGATION FINGERPRINTS DNA, MULTIPLE WARRANTS WERE ISSUED. THEY WERE ALL ADULT MALES, ALL BETWEEN PROBABLY 25 AND 35 YEARS OLD. >>JOSEPH CITRO: YOUNG ADULTS. THANK YOU, OFFICER. >>KENDRICK DONNELLY: COUNCIL, ON THIS PowerPoint, THERE IS A PHOTOGRAPH OF THE FIREARM LOCATED IN THE JUVENILE, DECEMBER 27, 2020. >>ORLANDO GUDES: PROCEED. >>KENDRICK DONNELLY: THE NEXT OFFICER IS GOING TO BE OFFICER NABIL MEHDAOUI, APRIL 17, 2021. >>ORLANDO GUDES: HAVE YOU BEEN SWORN? >> MY NAME IS OFFICER MEHDAOUI. I HAVE BEEN SWORN IN PRIOR TO THIS TESTIMONY. >>ORLANDO GUDES: YOU MAY PROCEED. >> MY INVOLVEMENT IN THIS CASE WAS ABOUT APRIL 27th, 2021, AROUND ONE IN THE MORNING. I WAS CALLED IN TO TRANSLATE FROM ARABIC INTO ENGLISH IN REFERENCE TO A CALL ABOUT SHOTS FIRED IN THIS AREA. I HAVE BEEN WITH TAMPA POLICE DEPARTMENT FOR FOUR YEARS. AND I WORK IN DISTRICT 2. AND I HAVE BEEN A POLICE OFFICER ABOUT TEN YEARS. OF WHICH I WAS A PATROL OFFICER AND A DETECTIVE. AND ON THIS DAY, I CAME IN TO THE AREA, AND I TALKED TO THE OFFICERS THAT WERE ON SCENE, AND THEY TOLD ME THAT THERE HAD BEEN SOME SHOTS FIRED, THEY HAVE SOMEBODY IN CUSTODY, AND WANTED TO TALK ABOUT HIS INVOLVEMENT, CO-NOT SPEAK ENGLISH. I AM A NATIVE ARABIC SPEAKER. AND I CONDUCTED AN INTERVIEW WITH THE SUSPECT THAT THEY SUSPECTED WAS SHOOTING A FIREARM IN THE AREA. I TALKED TO THE SUSPECT WHO WAS IDENTIFIED AS THE STORE CLERK, AND VISIONED MIRANDA WARNINGS AND HIS RIGHTS, HE WISHED TO PROVIDE A STATEMENT, AND HE SAID THAT HE'S A NIGHT CLE, HE HAS BEEN WORKING THERE FOR A YEAR OR TWO, AND HE SAID ON THIS DAY THERE WAS A CUSTOMER OR PATRON WHO COMES TO THE STORE, AND HE IS CONSTANTLY A PROBLEM FOR THEM, FOR THE STORE. HE SHOPLIFTS AND CAUSES A PROBLEM AND CURSES THE STORE EMPLOYEES. ON THIS PARTICULAR DAY, THE STORE EMPLOYEE SAID THAT HE SAW THIS SUBJECT WHO HE FREQUENTS THEM ALL THE TIME. HE SAID HE CAME IN. HE SHOPLIFTED CHEWS AND CHIPS AND WALKED OUT OF THE STORE AND THREATENED HIM THAT HE'S GOING TO BEAT HIM UP AND SLAPIM, AND HE SAID THE STORE CLERK TOOK OFFENSE TO THAT AND HE PICKED UP A FIREARM THAT HE KEEPS UNDER THE COUNTER, WALKED OUTSIDE AND FIRED SEVERAL SHOTS TO SCARE HIM OFF SO HE DID NOT COME BACK. I REMEMBER TELLING THE STORE CLERK, THIS IS NOT THE MIDDLE EAST, YOU CAN'T JUST FIRE SHOTS IN THE CITY OF TAMPA. AND WHAT GOES UP MUST COME DOWN AND IT COULD ACTUALLY HURT SOMEONE. SO HE ADMITTED TO SHOOTING THE FIREARM, AND HIDING THE FAIR ARM, HIDING IN THE BACK OF THE STORE. AND THE OFFICER THEN INVESTIGATED THIS CASE, WHEN THEY RESPONDED THEY FOUND THE STORE CLERK HIDING. THEY TOOK HIM INTO CUSTODY. THEY RECOVERED THE SAME FIREARM. THEY FOUND SHELL CASINGS ON THE STORE. AND JUST FROM MY HISTORY IN THE CITY OF TAMPA AND KNOWING POLICE THAT WORK IN THAT AREA, THEY HAVE BEEN TELLING ME THAT THIS STORE HAS BEEN A THORN IN THEIR SIDE, A CONSTANT PROBLEM FOR THEM AND A NUISANCE WITH MULTIPLE CALLS FOR SERVICE, AND THAT NOTHING HAS CHANGED FOR THE PAST YEAR OR TWO THAT THIS STORE HAS BEEN A PROBLEM. DID F YOU HAVE ANY QUESTIONS I AM HAPPY TO ANSWER. >>ORLANDO GUDES: >> YES, SIR, THE OFFICERS DID ARREST HIM ON SCENE. >>ORLANDO GUDES: AND >>ORLANDO GUDES: ANY QUESTIONS? THANK YOU, OFFICER. >> YES, SIR, THANK YOU. >>KENDRICK DONNELLY: COUNCIL, THERE ARE A FEW PHOTOGRAPHS FROM THAT EVENING IN THE PowerPoint PRESENTATION INCLUDING THE FIREARM THAT WAS LOCATED. AGAIN YOU WILL SEE SHELL CASINGS IN FRONT OF THE BUSINESS. THIS IS WHERE THE FIREARM WAS LOCATED IN THE STORE. NOW THE NEXT WITNESS TO TESTIFY IS GOING TO BE A MARRY ELMORE. HE'S GOING TO GIVE INFORMATION REGARDING THE NOTICE THAT HE PROVIDED BECAUSE HE ACTUALLY PROVIDED THE NUISANCE ABATEMENT BOARD NOTICE BACK IN FEBRUARY. HE'S ON THE SECOND FLOOR AND HE HAS BEEN SWORN. >>ORLANDO GUDES: YOU MAY PROCEED. >> AMARI ELMORE, TAMPA POLICE. I WORK N IN THE CRIMINL INTELLIGENCE BUREAU PART OF THE TAMPA POLICE DEPARTMENT. I HAVE BEEN TASKED WITH HANDLING THE PUBLIC NUISANCE ABATEMENT REQUEST. SO YOU EXPLAINED THE PROCESS EARLIER IN THE DAY AS FAR AS REFERRAL, AND HOW IT COMES TO ME. SO DETECTIVE CURTIS WILLIAMS, WHO SPOKE EARLIER, HAD ACTUALLY SEVERAL TIMES TRIED TO I GSS REQUEST THAT THEY BE PUT ON NOTICE FOR THE ABATEMENT. SO WHEN THEY FINALLY MET THE CRITERIA, A LETTER WAS DRAFTED AND HE WAS ACTUALLY GIVEN A HARD COPY TO HAND DELIVER. ON TOP OF THAT IT WAS A CERTIFIED LETTER THAT WAS SENT TO THE PROPERTY OWNER AND BUSINESS OWNERS, AND THAT WAS DONE I BELIEVE THE WEEK OF FEBRUARY 17, WANT TO DO. I HADN'T HEARD ANYONE AT THE BUSINESS EXCEPT FOR MR. SEQINTAS ON FEBRUARY 23rd, 21. HE STATED HE WAS THE SON OF THE PROPERTY OWNER, SON-IN-LAW OF THE PROPERTY OWNER. SHE'S OLDER, UP IN AGE, AND THE DAUGHTER HAS THE POWER OF ATTORNEY. WE HAD A CONVERSATION THAT REALLY DIDN'T GO ANYWHERE. I DIDN'T FEEL -- HE DIDN'T FEEL THAT I GUESS THE BUSINESS COULD DO MUCH TO CURB THE CRIMINAL ACTIVITY ON THE PROPERTY. SO AFTER THAT CONVERSATION WENT TO A DEAD-END, HE WAS JUST TOLD IF HE HAD ANY ADDITIONAL INFORMATION, OR PROBLEMS, HE COULD CONTACT DETECTIVE WILLMS. THAT'S PRETTY MUCH THE END OF MY DEALINGS WITH HIM. WE HAVE BEEN MONITORING THE CRIMINAL ASPECT OF IT. AND ANOTHER THING CASES THAT OCCURRED ON THE PROPERTY, BUT WE KIND OF LET -- THEY WERE KIND OF HEAVY WITH THE CODE ENFORCEMENT PART OF IT WE KIND OF LET THAT RUN ITS COURSE WHILE WE CONTINUE TO MONITOR. ANY QUESTIONS? >>ORLANDO GUDES: ANY QUESTIONS, GENTLEMEN? I'M HOPING YOU COULD GET NUISANCE ABATEMENT, FROM WHAT I AM HEARING. >> IT'S CONSTANTLY BEING MONITORED AND THAT GOES FOR ALL THE BUSINESSES THAT I SENT LETTERS TO. EARLIER TODAY YOU HEARD SINCE I CAME ON, 20 IS IT IN THIS POSITION, WE HAVE HAD 48 CASES COME BEFORE US, AND SENT ABOUT 30 SOME ODD LETTERS. >>ORLANDO GUDES: ALL RIGHT. >>KENDRICK DONNELLY: NEXT ON THE PowerPoint SLIDE, WE WERE ABLE TO FIND LOCAL SOCIAL MEDIA PLATFORM ON INSTAGRAM, VIDEO DATED JULY 31st, 2021, AND I WANT TO DIRECT YOU TO A SHORT CLIP. I WOULD DIRECT YOU TO THE RIGHT OF THE SCREEN. THAT IS YBOR GROCERY. YOU CAN SEE THE PICTURE OF WHAT THIS INDIVIDUAL EXPERIENCED ON JULY 31st, 2021. (VIDEO PLAYS). >>KENDRICK DONNELLY: COUNCIL, HERE IS THE STILL SHOT CLOSER UP OF YBOR GROCERY. THAT'S THE NEXT PHOTOGRAPH. >>ORLANDO GUDES: DO YOU HAVE ANY IDEA TPD GETTING FOOTAGE OF JUST THIS KIND OF ACTIVITY? >>KENDRICK DONNELLY: NOT AT THIS TIME. AND THE NEXT PERSON TO TESTIFY WE ARE ACTUALLY CALLING BACK DETECTIVE WILLIAMS. >>ORLANDO GUDES: HAVE THERE BEEN COMPLAINTS OF THIS TYPE PRAYER? >>KENDRICK DONNELLY: YES, THERE HAVE BEEN SEVERAL COMPLAINTS. >>SIMONE SAVINO: AT THIS TIME WE WOULD JUST LIKE TO CALL BACK DETECTIVE CURTIS WILLIAMS. >> DETECTIVE CURTIS WILLIAMS. >>SIMONE SAVINO: HE'S GOING TO PRESENT ON THE FOLLOWING PHOTOS THAT WE ARE ABOUT TO SLIDE THROUGH. THESE WERE TAKEN, I BELIEVE, BY DETECTIVE WILLIAMS AT VARIOUS POINTS IN TIME AS HE CONTINUED TO MONITOR THE PROPERTY ON BEHALF OF TPD. SO LET ME SCROLL THE FIRST ONE. CURTIS, CAN YOU SEE THAT ON THE SCREEN IN FRONT OF YOU? >> YES. >>SIMONE SAVINO: I WILL LET YOU GO AHEAD AND EXPLAIN. >> GENERAL PICTURE ANY TIME OF DAY OF THE STORE. >>SIMONE SAVINO: AND THE DATE? >> FEBRUARY 17th. THAT WAS THE DAY THAT I SERVED MR. SOBH NOTICE. AGAIN, JUST ANOTHER DRIVING BY THE STORE. HE HAD PEOPLE SITTING IN FRONT OF THE STORE HANGING OUT IN FRONT OF THE STORE, COMMON ANYTIME OF DAY. LIKE I SAID BEFORE, EARLY AS 7:30 HE WILL HAVE CROWDS SEATED AROUND THE SIDEWALL THERE THAT'S OFF TO THE RIGHT. >> WHAT'S THE DATE ON THIS PHOTO? >> THIS IS MARCH 3rd, 2021. JUNE 17th, 2021. SMALLER CROWD, BUT THAT'S THE NORMAL LOCATION WHERE THEY TEND TO HANG OUT. JUNE 22ND, PARKED ON THE SIDE OF THE BUSINESS, HANGING OUT OF CARS. >>SIMONE SAVINO: WHAT TYPE OF BUSINESS IS THIS JUST SO YOU CAN ORIENT CITY COUNCIL? >> TRYING TO LOOK AT THE ANGLE MYSELF. I'M NOT EXACTLY SURE. >>SIMONE SAVINO: IT LOOKS LIKE IT'S 26th STREET? >> YES, IT LOOKS LIKE THE DOOR IS GOING TO BE JUST BEHIND THE GENTLEMAN IN THE RED SHIRT. JULY 27, JUST AROUND THE EDGE OF THE WALL, THE BUILDING WHERE PEOPLE HANG OUT. THEY ACTUALLY WALKED OFF BECAUSE I PULLED UP. >>SIMONE SAVINO: CAN YOU EXPLAIN A LITTLE BIT THOSE CHAIRS AND WHY THEY WERE THERE? >> THE SUBJECTS WERE ACTUALLY SEATED IN THEM WHEN I FIRST PULLED UP, AND THEY WALKED OFF AND LEFT THE CHAIRS BEHIND. BUT THIS IS COMMONLY WHERE THEY HANG OUT, AND THIS IS MR. SOMEBODY'S PART OF THE BUSINESS HERE. MR. SBH I BELIEVE AT THE LAST MEETING EXPLAINED HE PUT THAT LITTLE CHAIN LINGUINES UP THAT YOU SEE THERE AND I AM REALLY NOT SURE WHAT THAT WAS SUPPOSED TO SIGNIFY. IT ONLY CLARIFIED THAT WHICH PART OF THE BUSINESS WAS HIS, AND WHICH PART WASN'T. >>SIMONE SAVINO: CURTIS, JUST SO COUNCIL CAN G A CLEAR PICTURE AS WELL, CAN YOU EXPLAIN ANY OTHER EFFORTS THAT YOU HAVE ATTEMPTED TO TRY TO GET THE PROPERTY OWNER TO COMPLY? >> DURING A MEETING WE DISCUSSED NUMEROUS MEASURES AS FAR AS EXTERIOR, CAMERAS COVERING THE ENTIRE BUSINESS, PROPER MOTION CENSORED LIGHTING, HOURS, CALLING THE POLICE WHEN THEY START TO HAVE GATHERINGS. >>SIMONE SAVINO: ABOUT WHEN DID U GUYS HAVE THAT CONVERSATION? >> WELL, WE HAD IT ON TWO OCCASIONS. WE HAD IT ON FEBRUARY 17th, 2021 WHEN I SERVED HIM THE PAPERS AND AGAIN WHEN I SERVED HIM THE NOTICE FOR THIS HEARING. >>SIMONE SAVINO: AND HAVE YOU NOTICED ANY CHANGES SINCE THOSE CONVERSATIONS? >> NO. >>ORLANDO GUDES: LET ME ASK YOU A QUESTION. I RECALL EARLIER TESTIMONY THAT CODE ENFORCEMENT, MR. WILLIAMS, AND ATF WENT TO THE STORE. >>LCOH AND TOBACCO. >>ORLANDO GUDES: AND I'M CURIOUS. HAS THERE BEEN ANYTHING OF THE UNDERAGE PATRONS AROUND THAT STORE, OR DO YOU KNOW HW MUCH ALCOHOL THERE WAS BEING SOLD IN THAT STORE? >> ALL I CAN TELL YOU IS AT THE TIME DUE TO THE PANDEMIC IT WAS VERY DIFFICULT TO GET ALCOHOL TOBACCO TO EVEN COME OUT. AGENT CAPLINGER RESPONDED AND ASSISTED THAT DAY, AND THE STORE S GIVEN A WARNING FOR WHAT APPEARED THAT THEY WERE SELLING LUCY CIGARETTES BEHIND THE COUNTER, AND THERE WAS ALSO STYROFOAM CUPS KEPT WHICH MADE IT APPEAR THAT THEY MAY BE GIVING THOSE OUT WHEN THEY SELL ALCOHOL, WHICH HISTORY HAS SHOWN THAT TO BE TRUE. THAT'S ALSO A VIOLATION. SO THEY WERE GIVEN TWO WARNINGS FOR THOSE THINGS ON THAT DAY. HOWEVER, ALCOHOL AND TOBACCO HAS BEEN LARGELY FOCUSED ON OTHER THINGS DUE TO THE PANDEMIC. >>ORLANDO GUDES: MR. CITROYOU E RECOGNIZED. >>JOSEPH CITRO: OFFICER, I OFTEN WANT TO ASK THE SAME QUESTION, BUT I WOULD LIKE TO HAVE YOUR OPINION. IF THIS COUNCIL WERE TO SAY NO MORE ALCOHOL WILL BE SOLD AT THE YBOR CITY GROCERY STORE, WOULD THAT SOLVE THE PROBLEM? OR IS THERE MUCH MORE THAN WHAT IS JUST APPEARING ON THE SURFACE THAN JUST ALCOHOL SALES? >> WHAT I CAN TELL YOU IS NOTHING HAS HELPED AT THIS TO ME THIS WOULD APPEAR TO BE THE NEXT STEP. DISCUSSION, DIALOGUE IS NOT WORKING. PROACTIVITY ON BOTH CODE AND LAW ENFORCEMENT'S PART HAS NOT BEEN ABLE TO CEASE IT BECAUSE OF THE LACK OF COOPERATION OF THE BUSINESS OWNER OR ANY AGGRESSIVE MOVE BY HIS PART TO DEAL IN GOOD BUSINESS. AS FAR AS OTHER ALTERNATIVES, I THINK THIS IS THE NEXT STEP. >>JOSEPH CITRO: OFFICER, I THANK YOU FOR YOUR HONESTY, BUT I HAD T FEELING THAT WE ARE GOING TO HAVE TO DO A LOT MORE THAN THIS. AGAIN THANK YOU FOR YOUR HONESTY. ARE GOING TO ASK ABOUT SALES. BECAUSE THAT WILL TELL WHAT YOU THAT STORE IS REALLY DOING AS FAR AS HOW MUCH ALCOHOL THEY SELL IN THAT STORE, AND AT 7 A.M., I KNOW WHAT HAPPENS WITH MEDICINE AT 7 A.M. >>JOSEPH CITRO: WE HEARD FROM PEOPLE HAVING TO DEAL WITH THIS. >>ORLANDO GUDES: THANK YOU ALL. >>SIMONE SAVINO: DETECTVE WILLIAMS, IN YOUR EXPERIENCE IN YBOR GROCERY OPERATING AS IT HAS, IS IT SAFE TO SAY THAT DRINKING GOES ON, ON-SITE, WITHIN THE PARKING LOT AROUND THE ESTABLISHMENT? >> IT IS. >>SIMONE SAVINO: ABOUT HOW FREQUENTLY WOULD YOU SAY THAT OCCURS? >> I WOULD SAY IT'S A DAILY OCCURRENCE. >>SIMONE SAVINO: THANK YOU. DETECTIVE WILLIAMS? SORRY. YOU MIGHT HAVE WALKED AWAY. CAN YOU JUST WALK RIGHT BACK? WE HAVE THESE LAST REMAINING PHOTOS WE WANT TO PRESENT TO COUNCIL AND I BELIEVE THAT YOU WILL BE ABLE TO IDENTIFY THEM FOR COUNCIL. PLEASE GO AHEAD AND EXPLAIN WHAT THIS IS AND WHEN YOU TOOK IT. >> THAT WILL BE YESTERDAY MORNING AROUND 10:00. I COMMONLY DRIVE BY, AND JUST OUT OF MERE DISCUSSION, WHAT YOU THINK IT LOOKS LIKE NOW, I WAS ASKED, DID A ROLL BY, AND WHAT IN THE PARKING LOT -- [NO ENCODER] [NO ENCODER] THE NEXT SLIDE. SO THE ONE GENTLEMAN IN WHITE STILL OUT FRONT HANGING IN THE PARKING LOT. YOU CAN SEE BETTER ONE OF THE SUBJECTS THAT'S PROPPED UP BEHIND THE VEHICLE THERE TO THE RIGHT. SO THIS IS A COMMON OCCURRENCE. PEOPLE HANGING OUT IN FRONT OF THE STORE. >>SIMONE SAVINO: WHEN TPD HAS A PRESENCE IS IT SAFE TO SAY THEY WILL WALK AWAY BUT THEN RETN? >> SURE. SURE. THEY HAVE IN MY EXPERIENCE. YOU KNOW, DURING THE DAY, WHEN I'M THERE, I COULDN'T ATTEST TO WHAT GOES ON NIGHTS. I KNOW THAT THE CROWDS ARE TYPICALLY LARGER FROM WHAT I HEAR IN THE EVENINGS. SO I COULDN'T TELL YOU WHAT WOULD HAPPEN THEN. >>SIMONE SAVINO: THANK YOU. I BELIEVE WE ARE GOOD WITH YOU RIGHT NOW, DETECTIVE. THANK YOU SO MUCH. AT THIS TIME, COUNCIL, WE HAVE PUBLIC COMMENT PRESENT AND WE WOULD LIKE TO GIVE THEM THE OPPORTUNITY TO SPEAK. THEY ARE LINEDP DOWNSTAIRS ON THE SECOND FLOOR. I BELIEVE WE MIGHT HAVE SOME AVAILABLE AS WELL CALLING INTO THE MEETING THIS EVENING. AND THEN ADDITIONALLY, I WANT TO DIRECT YOUR ATTENTION TO SOME OF THE CITIZENS WHO WROTE LETTERS OR COMMENTS TO YOU THAT HAVE BEEN PRINTED AND PLACED IN YOUR BINDERS. SO I BELIEVE THERE'S BEEN ABOUT FIVE LETTERS. AND THEN THAT WILL BE FOR YOU TO REVIEW IN ADDITION TO WHAT YOU ARE ABOUT TO HEAR FROM THE PUBLIC. LIKE TO TURN IT OVER TO WHOEVER HAS BECOME PRESENT TO SPEAK WIT COUNCIL. WE'LL TURN IT OVER TO YOU GUYS, AND JUST VERIFY IF YOU HAVE BEEN SWORN FIRST, PLEASE. >> YES, I HAVE BEEN SWORN IN. >>ORLANDO GUDES: STATE YOUR NAME PLEASE. >> I'M MITA MARTINEZ, ALSO KNOWN AS MI IN THE COMMUNITY, AND I AM HERE AS A BOARD MEMBER OF YBOR HEIGHTS NEIGHBORHOOD ASSOCIATION AND COORDINATOR FOR NEIGHBORHOOD WATCH GROUP. I LIVE AT 3507 NORTH TENTH STREET. I'M HERE TO SPEAK ON BEHALF OF ALL CITY OF TAMPA RESIDENTS CONCERNED MUCH THIS VICIOUS CYCLE AND R OF BLIGHT AND SLUM ANNAL HOW THE EAST TAMPA NEIGHBORHOOD ASSIATI HAVE BANDED TOGETHER TO BREAK THE CYCLE. WITH THAT BEING SAID, IT IS TIME OUR EAST TAMPA BUSINESS OWNERS JOIN OUR EFFORTS. YBOR GROCERY STORE HAS BEEN A SOURCE OF ANGST FOR THE ENTIRE SURROUNDING COMMUNITY FOR TOO LONG. NOW, I WANT TO BE FAIR AND STATE I DO NOT WANT TO TAKE ANYONE'S LIVELIHOOD AWAY FROM THEM. HOWEVER, IT IS NO SECRET AS YOU HEARD THIS EVENING, THIS ESTABLISHMENT HAS BEEN A PASSIVE IN CITY GAIT OR FOR ALLOWING LOUD MUSIC, PARKING AND LARGE GATHERINGS THAT LED TO GUN VIOLENCE. THIS ATMOSPHERE IS INTENSE FADE BY ZERO PARKING SIGNS TO CONTROL CAR CROWDING. ON TOP OF THAT, THE POLICE CANNOT ENFORCE TRESPASSING OR ISSUE PARKING TICKETS BECAUSE THE STORE OWNER IS INDIFFERENT. AND THERE IS NOT ENOUGH POLICE OFFICERS TO POST ON THIS PROPERTY ON A REGULAR BASIS TO KEEP OUR COMMUNITY SAFE. WHAT I AM ASKING TODAY IS FOR CITY COUNCIL TO SUPPORT EAST TAMPA AND SUSPEND ALCOHOL SALES ON THIS PROPERTY AS A WAY TO HOLD THE STORE OWNER ACCOUNTABLE FOR SUPPRESSING EACH TAMPA FROM PROSPERING. I ASK THE STORE OWNER, PLEASE STOP TURNING A BLIND EYE. WHAT YOU SEE OUTSIDE YOUR PROPERTY DOES NOT REPRESENT ALL OF EAST TAMPA. MOST PEOPLE HERE JUST WANT TO LIVE IN PEACE, RAISE THEIR KIDS IN A SAFE PLACE, OWN A HOME, AND ENJOY THEIR COMMUNITY WITHOUT DRAMA. WE TODAY REPRESENT THAT HUMBLE HARD WORKING PART OF EAST TAMPA. I INVITE YOU THE STORE OWNERS AND PROPERTY OWNERS TO ATTEND ONE OF THE MANY NEIGHBORHOOD ASSOCIATION MEENGS, OR CAC MEETINGS, OR CONSIDER GIVING BACK TO THE COMMUNITY BY HOSTING A HOLIDAY MEAL OR JOIN US IN OUR PEACE WALKS SO YOU CAN SEE WHAT EAST TAMPA IS DOING. MY POINT IS, ENOUGH IS ENOUGH. EAST TAMPA IS STANDING UP FOR ITSELF AND ASKING FOR EVERYONE'S SUPPORT. RESIDENTS, BUSINESS OWNERS, THE POLICE, CITY COUNCIL, LOCAL POLITICIANS, AND EVERY TAMPA CITY DEPARTMENT. I WANT TO THANK SIMONE,ENDRK AND DETECTIVE WILLIAMS FOR STANDING UP AGAINST BLIGHT AND SLUM. THANK YOU FOR YOUR TIME. >>ORLANDO GUDES: THANK YOU. >> HEY, COUNCIL. I'M CHRISTOPHER GALLAGHER AND I WAS RECENT LIMIT SWORN IN JUST BEFORE THIS MEETING. EVERYTHING YOU HAVE SEEN PRESENTED TO YOU IS PRETTY ACCURATE FROM A CITIZENS POINT OF VIEW. I OFTEN HAVE TO DRIVE NORTH ON 15th STREET OR WEST ON 26th AVE. USUALLY ON FRIDAYS OR SATURDAY NATURES JUST TO KIND OF GET HOME IN MY NEIGHBORHOOD AND IT'S PRETTY AGGRESSIVE. INC. TOLL YOU AS OF RECENTLY, ACTIVITIES HAVE GOTTEN R MUCH MORE AGGRESSIVE. IT'S ALWAYS EASY TO FIND PARKED CARS AND LOITERING PEOPLE, NOT JUST ON THE YBOR GROCERY PROPERTY BUT ON THE SURROUNDING CORNERS AND THE SURROUNDING ROADWAYS. IT'S T STREET IS DIFFICULT TO NAVIGATE CARS ESPECIALLY IN THE SOME OF THOSE SIDE ROADS AREN'T LIT AS WELL AS 15th IS, SO IT'S DANGEROUS JUST TO DRIVE THROUGH AT NIGHT. OF THOSE PARKED CARS THERE'S OFTEN LOUD MUSIC THAT'S DISRUPTIVE AND DISRESPECTFUL TO THE SURROUNDING COMMUNITY. TO BE HONEST I DON'T KNOW HOW PEOPLE SLEEP IN THE HOUSES THAT ARE NEXT TO OR NEARBY THE YBOR GROCERY PROPERTY. AND THE YBOR PROPERTY, OR THE YBOR GROCERY PROPERTY AND THE SURROUNDING PROPERTIES ARE OFTEN LEFT IN DISARRAY, AND TO CLARIFY SOMETHING THAT WAS MENTIONED A LITTLE EARLIER, IT'S NOT NECESSARILY COFFEE CUPS AND MUST HAVE IN WRAPPERS, IT'S BROKEN BEER BOTTLES, BEER CANS, TONS OF CIGARETTES, FOOD TRASH, JUST LEFT ON THE PROPERTY AND THE SURROUNDING RESIDENTS. AS OF RECENTLY NIGHTTIME ACTIVITY HAS BECOME A LOT MORE AGGRESSIVE. FROM MY PERSONAL OPINION, THERE ARE MANY MORE PARKED CARS. THERE'S MORE LOITERING INDIVIDUALS, MORE LOITERING GROUPS. IF I HAD TO GIVE IT A GUESS, AT LEAST 100 PEOPLE ON AN FRIDAY OR SATURDAY NIGHT. AND THERE'S MORE ACTIVITIES, MORE ENGINE REVS, A LOT MORE EGG AND LOUDER MUSIC THAN I REMEMBER A COUPLE YEARS AGO. AS YOU HEARD THERE'S ALREADY A HISTORY OF GUN VIOLENCE HERE THAT MAKES IT A LITTLE MORE INTIMIDATING AS WELL. AND I KIND OF GAVE YOU GUYS SOME EXHIBITS THAT SHOULD HAVE BEEN PASSED AROUND. JUST TO KIND OF SHOW YOU WHAT I SAW LAST FRIDAY EVENING. I APOLOGIZE I DIDN'T NUMBER THEM. SO I WILL DESCRIBE THEM AS BEST I CAN. THE FIRST IMAGE IS A PICTURE OF A BUS WHICH APPEARS TO B A PARTY BUS, AND I WATCHED ABOUT AT LEAST TEN YOUNG LADIES COME OUT OF THIS BUS AND WALK OVER TO THE YBOR CITY -- OR THE YBOR GROCERY PROPERTY. [BELL SOUNDS] I HAVE ANOTHER PICTURE OF THE SAME PARTY BUS WITH SOME OF THOSE LADIES GETTING OUT OF IT. SO IT'S CLEARLY BECOMING AN ACTIVE SPOT IF WE ARE GOING TO HAVE BUSES DROP PEOPLE OFF TO HANG OUT. AND THEN THE MOST CONCERNING THING I SAW, THIS WAS LAST FRIDAY, AT ABOUT 11:00 AT NIGHT. AND THEN A FEW HOURS LATER, I DRE WHAT WAS GOING ON. OH, YES, THANK YOU. [BELL SOUNDS] AND THERE WAS SIX POLICE OFFICERS, SIX TPD OFFICERS THAT HAD TO DISBURSE THE LARGE CROWD THAT HAD GATHERED THERE. AND TO BE ME, THIS IMAGE IS A LITTLE DIFFICULT TO SEE. I APOLOGIZE. BUT I COUNTED AT LEAST SIX OFFICERS THAT WERE HERE. SIX OFFICERS THAT WERE IN MY NEIGHBORHOOD CONCENTRATED IN FRONT OF ONE CONVENIENCE STORE. AT'S HOGGING RESOURCES FOR MY ENTIRE NEIGHBORHOOD. AND SO LASTLY, IT WAS KIND OF BROUGHT UP ABOUT AN ABATEMENT. IF COUNCIL OR IF PROSECUTION WANTS TO PROCEED WITH ABATEMENT YOU HAVE MY FULL SUPPORT BECAUSE I ALWAYS THOUGHT THE FIRST STEP WOULD BE TO SUSPEND ALCOHOL SALES, BUT IT'S CLEARLY A MUCH LARGER PROBLEM. THANK YOU. >>ORLANDO GUDES: THANK YOU, SIR. >> GOOD EVENING. CAN YOU GUYS HEAR ME? >>ORLANDO GUDES: YES, SIR, WE CAN HEAR YOU. >> MY NAME IS IVAN RIVERA AND I HAVE BEEN SWORN IN. I AM HERE SPEAKING AS A RESIDENT OF VM YBOR. THIS BUSINESS IS IN THE NORTHEAST CORNER OF VM YBOR. ALTHOUGH I AM SPEAKING AS A RESIDENT I WANT THE COUNCIL TO KNOW THAT I HAVE SERVED, AM SERVING AS THE CHAIR OF THE VM YBOR NEIGHBORHOOD ASSOCIATION. I MENTION THIS BECAUSE I HAVE LEARNED THROUGH SPEAKING TO MY NEIGHBORS THAT LIVE IN PROXIMITY TO THIS LOCATION, MANY OF THEM HAVE BEEN AFRAID TO BE PRESENT HERE TONIGHT DUE TO POSSIBLE RETALIATION AND SPEAKING UP AGAINST THIS BUSINESS. PERSONALLY, I AM AFRAID TO BE HERE SPEAKING TONIGHT SINCE I AM COUNITY.A PUBLIC EYE WITHIN THE I WANT THE COUNCIL TO CONSIDER THAT THERE IS LITERALLY A LIQUOR STORE DIRECTLY ACROSS THE STREET FROM THIS CONVENIENCE STORE. WHY DOES THERE NEED TO BE TWO BUSINESSES PROVIDING ALCOHOL? I KNOW THAT YOU GUYS ARE QUESTIONING WHETHER THE SUSPENSION OF THE ALCOHOL USE IS GOING TO MAKE A DIFFERENCE, BUT I WANT YOU TO CONSIDER THAT THIS MOVE ALSO SENDS A MESSAGE TO OTHER BUSINESSES THAT ARE NOT BEING GOOD NEIGHBORS. SO TO ME, THE BIGGER IMPACTED PRECEDENCE THAT WE SEND TO OTHER BUSINESSES IN EAST TAMPA, I WANT THE COUNCIL TO CONSIDER THAT THE NEGLIGENCE OF THESE BUSINESS OWNERS STRETCHES OUT BEYOND THE SALE OF JUST ALCOHOL, BECAUSE IT IS THEIR PATRONS THAT ARE ZOOMING DOWN OUR RESIDENTIAL STREETS. I KNOW A LOT OF TIMES YOU GUYS HEAR ABOUT THE ATVs AND THE DIRT BIKES. THIS BUSINESS IS KIND OF A HUB FOR THAT BEHAVIOR. AND AFTER SEEING THIS CASE, THAT HAS BEEN PRESENTED TONIGHT, I REALLY WANT TO URGE THE COUNCIL TO CONSIDER ANY OTHER MEASURES UNDER THEIR POWER TO PUT A STOP TO THIS BUSINESS. I PERSONALLY BELIEVE ONLY GOVERNMENT INTERVENTION IS GOING TO HELP PUT AN END TO THIS DANGEROUS CORNER. I THINK IT'S TIME TO HOLD OUR EAST TAMPA BUSINESSES ACCOUNTABLE AND PROTECT NOT ONLY THE RESIDENTS AND THE COMMUNITY BUT ALSO PROTECT THE OFFICERS THAT SERVE AND PROTECT THESE COMMUNITIES. WHICH I THINK IS EXTREMELY IMPORTANT. SO I WANT TO THANK YOU FOR YOUR CONSIDERATION. IT'S AN HONOR TO BE IN FRONT OF YOU. HAVE A NICE EVENING. >>ORLANDO GUDES: THANK YOU. >> GOOD EVENING, COUNCIL MEMBERS. I AM FRAN TATE AND I HAVE BEEN SWORN IN. THE TWO OTHER BODIES BEHIND ME ARE MEMBERS OF MY BOARD, AND THEY ARE JUST STANDING HEAR FOR MORAL SUPPORT. I WANT TO SAY THANK YOU SO VERY MUCH FOR HAVING US THIS EVENING. I AM A TAMPA HOMEOWNER AND THE PRESIDENT OF THE JACKSON HEIGHTS NEIGHBORHOOD ASSOCIATION AND CRIME WATCH. I WOULD LIKE TO THANK YOU, THE ATTORNEY, AND THE TAMPA POLICE DEPARTMENT FOR THIS VERY LONG-AWAITED DAY. A DAY IN WHICH WE THE COMMUNITY WILL BE GIVEN A CHANCE TO GO ON RECORD TO STATE THAT THE LOITERING, ILLEGAL DRUGS, DRUG TRANSACTIONS, SHOOTING AND STABBING RESULTING IN THE LOSS OF NUMEROUS LIVES IS NO LONGER ACCEPTABLE NOR TOLERATED IN OUR COMMUNITY. THESE ACTIVITIES HAVE CAUSED AND CONTINUE TO CAUSE UNTOLD MENTAL STRESS ANXIETY DEPRESSION AND FEAR OF PUBLIC SAFETY FOR ALL OF US. WITH ONLY ONE COMMON DENOMINATOR, AND THAT'S OUR LOCAL COMMUNITY CORNER STORES, SOME OF THEM, I MIGHT ADD. WE FEEL THAT STRONG ACTION MUST BE TAKEN. I HAVE BEEN GIVEN PERMISSION TO READ THIS STATEMENT SUBMITTED BY MY NEIGHBOR AND A MEMBER OF OUR NEIGHBORHOOD ASSOCIATION. HER NAME IS GINA FRENCHY AND SHE WRITES: TO WHOM IT MAY CONCERN AS A CONCERNED NEIGHBOR OF THE YBOR GROCERY STORE LOCATED AT 3401 NORTH 15th STREET, I WOULD LIKE TO BRING TO YOUR ATTENTION THE ISSUE OF BLOCKED TRAFFIC, OUTSIDE LOITERING AT THIS ESTABLISHMENT. FROM MARCH TO MID JULY, I HAVE EXPERIENCED DRIVING THROUGH MAZE WHILE APPROACHING THE INTERSECTION OF 15th STREET AND 26th AVENUE. MOST OF THE TIME THERE IS ABOUT FIVE CARS BLOCKING BOTH SIDES OF THE STREET, AND ASSEMBLED IT THIS MIDDLE OF THE ROAD OR AGAINST THE STORE DWELLING WITH IN A ACTION OF MOVING. I WAS ONCE STARED DOWN FOR DRIVING BETWEEN CARS AS I WAS -- AS IF I WAS DOING SOMETHING WRONG, WHILE AN ILLEGAL TRANSACTION WAS BEING MADE. I FELT VERY UOMFOABLE AND DIDN'T KNOW WHAT CONSEQUENCES WILL BE TAKEN IF I CONTINUE TO TAKE THIS ROUTE. THEREFORE, I DECIDED TO CHANGE MY ROUTE TO TAMPA HEIGHTS. I AM A LIFE-LONG RESIDENT OF NEIGHBORING JACKSON HEIGHTS COMMUNITY AND IT SADDENS ME THAT THE RESIDENTS IN THE SURROUNDING AREA HAVE TO ATTAR THEIR DAY TO DAY COMMUTE TO ACCOMMODATE THE NONDESIRABLE ACTIVITY OF LOITERING, GAMBLING, AND DRUGS THAT CURSE AT THE YBOR GROCERY STORE. I WOULD LOVE TO EXPERIENCE THE SAME FEELING OF SAFETY THAT TAMPA HEIGHTS, SEMINOLE HEIGHTS, AND OTHER SMALLER COMMUNITIES IN TAMPA HAVE WHEN DRIVING OR WALKING TO THEIR CORNER STORES TO SUPPORT ECONOMIC GROWTH WITHIN THEIR NEIGHBORHOOD. REGARDS, GINA PRAISER, JACKSON HEIGHTS RESIDENTS AND NEIGHBORHOOD ASSOCIATION MEMBER. THANK YOU SO MUCH, COUNCIL MEMBERS. >>SIMONE SAVINO: I BELIEVE THERE'S ONE COMMENTER WHO IS ON THE LINE RIGHT NOW. >>THE CLERK: I HAVE MYRA PIERCE. PLEASE UNMUTE YOURSELF. YOU HAVE THREE MINUTES TO SPEAK. . >>ORLANDO GUDES: WE CAN'T HEAR YOU. UNMUTE YOURSELF. >>LUIS VIERA: I HAVE BEEN HERE THE WHOLE TIME. THE FIRST 30 MINUTES I WAS HAVING TECHNOLOGICAL PROBLEMS AS IS MY TRADITION, SO I APPRECIAT IT BUT I HAVE BEEN LISTENING TO EVERYTHING AND WHATNOT. THANK YOU, MR. CHAIR. >>ORLANDO GUDES: THANK YOU, SIR. >>LUIS VIERA: YES, SIR. >>ORLANDO GUDES: IS SOMEONE ON THE LINE? >> HI. CAN YOU HEAR ME OKAY, COUNCIL? >>ORLANDO GUDES: YES, WE CAN. >> OKAY. MY NAME IS MYRA PIERCE. I AM FROM THE YBOR HEIGHTS NEIGHBORHOOD ASSOCIATION. I AM THE CURRENT PRESIDENT. I APOLOGIZE THAT I COULDN'T BE HERE IN PERSON TONIGHT, BUT M -- MIMI, MARTINEZ AND CHRIS ARE PART OF MY BOARD. SO I WANT TO TALK ABOUT PERSONAL THINGS. I THINK I SUPPORT EVERYTHING THAT MY NEIGHBORS HAVE MENTIONED THIS EVENING. AND THANK YOU OFFICER CURTIS FOR BEING A STRONG ADVOCATE OF THE EAST TAMPA. BUT I AM HERE TO TALK ABOUT GENERATIONAL TRAUMA. I GREW UP CLOSER TO SULPHUR SPRINGS, AND WHEN I WAS 13 I WA. LUCKILY MY EXPERIENCE WAS NOT LIFE THREATENING BUT THIS IS GENERATIONAL TRAUMA. THIS IS WHAT CHILDREN SURROUNDING YBOR GROCERY ARE EXPERIENCING EVERY DAY THAT GO TO ORANGE GROVE MAGNET SCHOOL. IT SPANS THREE NEIGHBORHOODS. AND I JUST WANT TO MENTION HERE THAT WE REALLY APPRECIATE SMALL BUSINESSES, IN EAST TAMPA. THEY ARE CRUCIAL TO OUR LIVELIHOOD, AND WE UNDERSTAND THAT THERE ARE FAMILIES THAT ARE INVOLVED, BUT THERE'S ALSO BUSINESSES IN EAST TAMPA THAT EY O GENERATIONAL TRAUMA. DRUG AND ALCOHOL ABUSE, DRUG SALE, VIOLENCE, SEX WORK, HOMELESSNESS, THOSE NOT THE CAUSE, THOSE ARE THE RESULTS OF TRAUMA. AND IF YOU WANT TO RELATE ALCOHOL SALES TO WHAT'S GOING ON IN EAST TAMPA, THAT'S HOW YOU HAVE TO LOOK AT IT. THESE PLACES CREATE A SAFE HAVEN AND PROVIDE ACCESS TO -- THAT NUMB THIS TRAUMA. TH SELL ALCOHOL, CHEAPROCERY, CIGARETTES, CHEAP FOOD, AND YOU HAVE THE CHOICE TONIGHT TO JOIN US AS A COMMUNITY IN MENDING A SECTION OF A SOCIAL SAFETY NET. MORE THAN SUSPENDING AN ALCOHOL LICENSE. THIS IS ABOUT HELPING A NEIGHBORHOOD HEAL FROM THAT GENERATIONAL TRAUMA. THIS IS WHAT'S HAPPENING TO CHILDREN ALL ACROSS EAST TAMPA, NOT JUST AT THE CORNER OF 15th AND 26th STRT. I HOPE THAT YOU CAN CHOOSE TO HELP US ELIMINATE THE BLIGHT THAT IS CAUSING THIS TRAUMA AND THAT'S CAUSING THIS PERPETUAL VIOLENT AND SYSTEMIC ISSUES THAT ARE GOING ON IN OUR NEIGHBORHOOD. SO I DO ASK, I AM HERE TO SUPPORT THE ALCOHOL SUSPENSION LICENSE SUSPENSION, AND ALSO HOPEFULLY YOU CAN CONSIDER BEING A PART OF THAT SOCIAL SAFETY NET FOR US TONIGHT. THANK YOU, COUNCIL. >>ORLANDO GUDES: THANK YOU. ANYBODY ELSE? >> THAT CONCLUDES THE PUBLIC COMMENTS. >>ORLANDO GUDES: COUNCIL, LET ME ASK A QUESTION. YOU HEARD A LOT OF TESTIMONY. I DON'T KNOW WHETHER YOU HEARD FROM THE COMMUNITY WHO IS STANDING UP NOW. THEY ARE TIRED. THEY ARE TIRED OF THESE STORES THAT PLACE QUICK LITTLE SNACKS AND SO FORTH BUT ALSO FILTRATES A LOT OF ACTIVITY THAT IS UNWARRANTED THATAS REALLY HURT THOSE COMMUNITIES. BUT I KNOW THE CITY, AND I AM JUST ASKING A QUESTION. I KNOW THE CITY. WE GIVE LICENSES FOR PEOPLE TO OPEN BUSINESS, CORRECT? TO OPERATE, CORRECT? >>SIMONE SAVINO: GENERALLY ARE YOU SPEAKING ABOUT JUST AN OPERATING LICENSE? >>ORLANDO GUDES: OPERATING LICENSE. >>SIMONE SAVINO: YES. >>ORLANDO GUDES: THAT IS THE CITY'S RATE TO GRANT THAT. CORRECT? >>SIMONE SAVINO: THAT IS CORRECT. TECHNICALLY IF IT COMES TO OUR OPERATION THAT'S STARTING IN A BUSINESS, YES, IF IT COMES TO OUR ATTENTION THEN WE GO AFTER THEM AND REQUEST AN OPERATING LICENSE. >>ORLANDO GUDES: SO I AM JUST WONDERING. I AM JUST ASKING A QUESTION. SOME OF THESE BUSINESSES WHO ARE OPERATING, A PREMISE TO HOW THE CITY OF TAMPA LIKES TO OPERATE, CAN WE TAKE THOSE AWAY? >>SIMONE SAVINO: WELL, I JUST WANT TO CLARIFY. CLEARLY, WE ARE NOT HEAR FOR THAT TONIGHT. I CAN'T SPEAK TO ALL THE RULES BEHIND AN OPERATING LICENSE. WE OBVIOUSLY ASSESS THOSE, AND THERE ARE RULES BEHIND THEM. WHAT WE ARE HERE SPECIFICALLY FOR, THOUGH, IS THE ALCOHOLIC BEVERAGE ORDINANCE/LICENSE THAT HAS BEEN ASSESSED FOR THIS PROPERTY SINCE 1979. >>ORLANDO GUDES: OKAY, I UNDERSTAND. MY MIND IS MOVING, MR. CITRO. >>JOSEPH CITRO: I HEAR YOU. I'M WITH YOU. I'M WITH YOU. >>ORLANDO GUDES: AND I HEAR THE COMMUNITY LOUD AND CLEAR. AND SOMETIME WE ARE GOING TO BE SENDING A MESSAGE TO SOME OF THESE STORES TO BE GOOD NEIGHBORS TO THE COMMUNITY. WE WANT THEM THERE. WE WANT THEMO THF IN THEIR BUSINESSES BUT WE ALSO WANT TO MAKE SURE THAT PEOPLE ARE GOING TO BE GOOD NEIGHBORS TO THE COMMUNITY. AND I KNOW MY FRIEND LIVING DOWN THERE, AND I HEAR, AFRAID TO LET MY WINDOW DOWN ON SOME WEEKEND NIGHT BECAUSE IF YOU LOOK AT SOMEBODY WRONG YOU DON'T KNOW WHAT THEY MIGHT DO BECAUSE OF THE CROWDS DOWN THERE AND WHERE ARE THEY COMING FROM? SO MY MIND IS PONDERING NOW. WE'LL TAKE THIS ISSUE I AM TALKING ABOUT AT A LATER DATE AND MAY TAKE SOME KIND OF MOTION. >> WORKSHOP. >>ORLANDO GUDES: ON THAT ISSUE. BUT YOU CAN CONTINUE. >>SIMOE SAVINO: THANK YOU. >>KENDRICK DONNELLY: AT THIS TIME WE WOULD LIKE TO TURN IT OVER TO THE BUSINESS OWNER AND THEIR REPRESENTATION. THEY ARE ON THE SECOND FLOOR. AND I BELIEVE THEY HAVE BEEN PREVIOUSLY BEEN SWORN IN. >>SIMONE SAVINO: I JUST WANT TO KNOW RESERVE TIME AFTER THAT SO THE CITY CAN PRESENT ITS CLOSING. >>ORLANDO GUDES: THANK YOU. >>KENDRICK DONNELLY: THE PROPERTY OWNER WAS NOTED. WE DID HAVE COMMUNICATION WITH THE PROPERTY OWNER. THERE IS AN AFFIDAVIT IN THE NDER INDICATING THE AND WE HAVE NO OBJECTION TO COUNCIL TAKING ACTION IN THIS CASE. >> GOOD EVENING, COUNCIL. MY NAME IS DUSTIN DEE, AN ATTORNEY AT McINTIRE AND DAVIS, AND I GUESS I HAVE THE PRIVILEGE OF BEING HERE TONIGHT ON BEHALF OF THE RESPONDENT, YBOR GROCERY STOP. >>ORLANDO GUDES: CAN WE GET CTTV TO GET THE VOLUME UP? MR. MIRANDA CAN'T HEAR. THE COUNCIL CAN'T. TRY I AGAIN, SIR. >> OKAY. BEHIND ME IS MOHAMMED SOBH, THE PRINCIPAL OF YBOR GROCERY STOP. I HAVE LISTENED TO THE PRESENTATION. MY CLIENT HAS LISTENED TO THE PRESENTATION TODAY. I WOULD LIKE TO ON BEHALF OF MY CLIENT THANK THE COMMUNITY FOR THEIR INPUT TONIGHT. IT'S CERTAINLY INFORMATIVE. THE OFFICERS, THANK THEM FOR THEIR WORK AND THEIR PRESENTATION TONIGHT AS WELL. I THINK IT'S BEEN QUITE INFORMATIVE AND IT WAS GOOD TO LISTEN TO AND FOR MY CLIENT TO LISTEN TO. MY CLIENT VERY MUCH WANTS TO BE INTEGRATED INTO THE COMMUNITY AND BE A RESPONSIBLE MEMBER OF THE COMMUNITY. AS HAS BEEN ALLUDED TO EARLIER, AND I AM GOING TO DEFER TO COUNCIL. I THINK KIND OF A PROFFER. MY CLIENT HAS SOME KIND OF COMMUNICATIVE DIFFICULT AND I WOULD LIKE TO MAKE A PROFFER TO THE COUNCIL FOR THEIR CONSIDERATION. I WILL TAKE DIRECT QUESTIONS AND THEN TURN IT OVER TO MY CLIENT IF THE COUNCIL HAS DIRECT QUESTIONS FOR MY CLIENT, HE WOULD BE HAPPY TO ANSWER THEM AS WELL. IF THAT'S OKAY WITH THE COUNCIL. AS WAS ALLUDED TO EARLIER IN SOME OF THE TESTIMONY YOU HAVE HEARD, THIS IS NOT NECESSARILY, I DON'T THINK, AN YBOR GROCERY STOP SPECIFIC ISSUE. THERE'S A CONTRIBUTION CERTAINLY BY YBOR GROCERY STOP, BUT THIS IS KIND OF AN INTERSECTION ISSUE. THE LOITERING, THE CROWDS, I DON'T KNOW THAT THEY CAN BE SPECIFICALLY RELEGATED TO ONE BUSINESS OVER ANOTHER AS WAS ALLUDED TO EARLIER. THERE IS ANOTHER CONVENIENCE STORE DIRECTLY ACROSS THE STREET. THERE IS A STRICT LIQUOR STORE CATTY-COER FM T YBOR GROCERY STOP. AND THESE CROWDS THAT WE HAVE BEEN SEEN IN PICTURES AND VIDEOS TONIGHT WILL OFTENTIMES MEANDER FROM ONE LOT TO ANOTHER, PERHAPS AT TIMES TO AVOID LAW ENFORCEMENT PERSONNEL. YOU GET MOVED FROM ONE, YOU GO TO ANOTHER. MY CLIENT HAS HAD THIS CONCERN FOR THE LAST COUPLE OF YEARS. THEY HAVE BEEN IN THIS SPOT SINCE 2014 OPERATING THERE IN THE COMMUNITY AT THE SAME LOCATION. AND REGRETTABLY RECOGNIZE IN THE LAST TWO YEARS THIS PROBLEM THAT WE HAVE SEEN TONIGHT, AND WITNESSED BY OTHERS AND IN THE TESTIMONY AND IN THE DOCUMENTS AND PICTURES, RLLY CAME TO A FOREFRONT A COUPLE OF YEARS AGO WITH THE MOVEMENT OF A COUPLE MORE OF THESE BUSINESSES THAT HAVE BEEN DEPICTED IN THE PICTURES, INCLUDING THE OTHER CONVENIENCE STORE, AND A COUPLE OF OTHER BUSINESSES THAT WILL, I GUESS, ALLOW THESE TYPE OF CROWDS TO GROW. AND CERTAINLY IN THE PICTURES DICTATE THESE CROWDS CAN MEANDER AROUND MY CLIENT'S BUSINESS. MY CLIENT HASN'T BEEN IGNORANT OR TURNED A BLIND EYE TO IT. HE'S ACTUALLY BEEN QUITE ACTIVE IN TRYING TO LIMIT THE BEST HE CAN CURB THIS KIND OF ACTIVITY. AND AT THE OUT SET I WANT TO SAY MY CLIENT IN NAP WAY ENCOURAGES HE R ILLICIT OR CRIMINAL ACTIVITY THAT WE HAVE SEEN AS ALLUDED TO BY ALL THE OFFICERS TODAY, THE DRUGS, THE GUNS, THE GAMBLING, ET CETERA. MY CLIENT JUST SIMPLY DOES NOT ENCOURAGE THAT AND HAS TAKEN STEPS AND MAYBE THE COMMUNITY IS NOT AWARE, THE OFFICERS MAY BE BUT THE COMMUNITY MAY NOT BE, OF THOSE STEPS THAT MY CLIENT HAS TAKEN TO DATE TO TRY TO DO THAT. MY CLIENT IS QUITE LIMITED IN HIS ABILITY TO GO OUT AND DISBURSE THESE CROWDS ESPECIALLY WHENHEYET TO THE SIZE AND NATURE THAT WE HAVE SEEN IN SOME OF THE PICTURES. THEY ACTUALLY, AS THEY SAY, MY CLIENT HAS ACTUALLY ON MANY OCCASIONS AT VARIOUS POINTS OF THE DAY, VARIOUS DAYS OF THE WEEK, CALLED THE AUTHORITIES HIMSELF, CALLED THEM TO HAVE THEM REMOVE CROWDS, HAVE THEM CALLED TO REMOVE PROBLEMATIC INDIVIDUALS. SO IT'S NOT AS IF MY CLIENT IS IN AN SENSE SELF-REPORTING AND ATTEMPTING TO ADDRESS CERTAIN OF THESE ISSUES. THERE ARE NO LOITERING SIGNS PLACED THROUGHOUT MY CLIENT'S PROPERTY, ALBEIT, IT APPEARS OBVIOUS FROM THE PICTURESHAT EY GO LARGELY NORTH. THERE'S AN ISSUE WHERE MY CLIENT HAS SIGNED WHAT I WILL REFER TO AS A GREEN PAPER, AND I MAY HAVE THE TERMINOLOGY WRONG, OR LAW ENFORCEMENT OFFICERS COULD BE PROBABLY SPEAK TO IT, BUT MY UNDERSTANDING OF IT FROM MY CLIENT IS THAT THIS PAPER ESSENTIALLY ALLOWS THE AUTHORITIES, THE LAW ENFORCEMENT PERSONNEL, TO TRESPASS OR ARREST INDIVIDUALS WITHOUT THE AUTHORIZATION OR INPUT OF THE STORE OWNER. SO BASICALLY DO WHAT YOU NEED TO DO, OFFICERS, WE WILL GIVE YOU CARTE BLANCHE PREAPPROVAL TO DO THAT. MY CLIENT HAS DONE THAT. MY CLIENT HAS SPOKE TO CERTAIN LAW ENFORCEMENT PERSONNEL AND OFFERED AS WE HEARD VERY LIMITED PARKING SPACES TO OFFICERS TO SIT IN WHILE THEY ARE ON PATROL, AT VARIOUS POINTS IN TIMES WHEN MATTERS OR AFFAIRS OR JUST HAVE A CONSTANT PREFERENCE, HE'S OFFERED HIS OWN LIMITED PARKING SPACE OH IN ORDER TO HAVE THAT LAW ENFORCEMENT PERSONNEL. WE TALKED -- ONE OF THE OFFICERS EARLIER MENTIONED DISCUSSING WITH MY CLIENT THE POSSIBILITY OF CAMERAS. THERE ARE AND HAVE BEEN FOUR SECURITY CAMERAS AT THE PROPERTY. SO WE HAVE THE TRESPASS CARD. WE HAVE OFFERED PARKING SPACES TO OFFICERS TO SIT. IF IT HURTS OUR BUSINESS IT HURTS OUR BUSINESS BUT WE MADE THAT OFFER. THE SIGNS, WE HAVE MADE THE CALLS. AND OF COURSE WE HAVE, I SAID, THE CAMERAS. NOW, A LOT OF WHAT WE HEARD TONIGHT GOES BACK SOME PERIOD OF TIME, AND I THINK ONE OF THE COMMUNITY MEMBERS THAT PRESENTED SOME PHOTOGRAPHS LAST FRIDAY. THAT'S AN INTERESTING DAY I ALSO, BUT IT'S AN IMPORTANT DAY, BECAUSE MY CLIENT -- AND I THINK MEMBERS OF THE COMMUNITY WOULD BE ABLE TO ATTEST AND CERTAINLY THE OFFICERS ON PATROL WOULD BE ABLE TO ATTEST, MY CLIENT MADE A FUNDAMENTAL CHANGE IN HIS PRACTICE THIS LAST WEEKEND, AND MAYBE A LITTLE LATE, BUT NONETHELESS HAS BEEN WORKING DILIGENTLY TO TRY TO RESOLVE AND CURB THE ACTIVITIES THAT WE HAVE SEEN. AND HE HAS HISTORICALLY BEEN OPEN 24 HOURS. HE WAS OPEN TILL 11 P.M. EVERY NIGHT INSIDE, AND THEN AFTER 11 UNTIL THE MORNING HOURS, SALES WOULD BE MADE THROUGH THE WINDOW. BUT IT WAS A 24 HOUR A DAY OPERATION. ON SATURDAY, THAT'S AUGUST 21, EFFECTIVE ON AUGUST 21, MY CLIENT CHANGED HIS PRACTICE AND HAS REMAINED THAT WAY SINCE LAST SATURDAY. HE NOW HAS CLOSED HIS BUSINESS ENTIRELIALITY 11 P.M., AND THEN G AT 7 A.M. AND WE HAVE SOME PICTURES HERE THAT I AM GOING TO PUT UP THAT I THINK WILL REFLECT -- AND THIS GOES BACKOAYBE WHAT THE OFFICER SAID EARLIER, ONE OF THE OFFICERS MENTIONED DISCUSSING THIS IN THE PAST TRYING TO CHANGE TIMES. MAYBE THAT WOULD HELP. WE HAVE GOT THE CAMERAS. WE HAVE OFFERED AGAIN OFFERED SPACE FOR POLICE PRESENCE. BUT SINCE LAST SATURDAY WHAT THE CHANGE OF HOURS HAVE ACCOMPLISHED AT MY CLIENT'S STORE AND AT THIS INTERSECTION AS A WHOLE. THE FIRST PICTURE GOES BACK TO LAST FRIDAY NIGHT. THIS IS I THINK THE SAME NIGHT OF THAT PARTY BUS THAT ONE OF THE WITNESSES PRESENTED. DO I HAVE THAT WHERE YOU GUYS CAN SEE IT? I'M SORRY. ALL RIGHT. SO THIS IS LAST FRIDAY NIGHT, CORRECT? AT JUST ABOUT MIDNIGHT. SO THIS WAS STILL A NIGHT WHERE HE WAS GOING TO BE OPEN, MY CLIENT WAS GOING TO BE OPEN FOR 24 HOURS. THIS IS THAT SAME NIGHT. NOW, THIS IS LOOKING ACROSS THE TH IMMEDIATE PARKING LOT ON THE BOTTOM IS MY CLIENT'S. ACROSS THE STREET IS THAT OTHER CONVENIENCE STORE THAT I REFERENCED EARLIER. AGAIN GOING BACK TO WHAT I SAID. I DON'T THINK THIS IS A STRICTLY AN YBOR GROCERY STOP ISSUE. THIS IS AN ENTIRE AREA OR INTERSECTION ISSUE. CERTAINLY WITH THESE BUSINESSES IN SUCH CLOSE PROXIMITY TO ONE ANOTHER. BUT THIS IS THE FRIDAY NIGHT, AND ACROSS THE STREET, THIS IS THE SAME NIGHT I BELIEVE THAT WITNESS SHOWED EARLIER. NOW, THIS IS ALSO FRIDAY NIGHT, AT 12:11 A.M. GOING INTO SATURDAYORNING, I SHOULD SAY. AGAIN, THIS IS PROBABLY EXEMPLARY OF WHAT WE HAVE SEEN IN A NUMBER OF PICTURES, THE CONGREGATION, THE LATE NIGHT, THE GATHERINGS, THE MEANDERING AND THE ISSUES THAT THE COMMUNIT RIGHTFULLY HAS. SO THIS IS THAT FRIDAY NIGHT. NOW I WANT TO GO TO THAT NEXT DAY, SATURDAY, GOING INTO MIDNIGHT AND THEN EARLY INTO SUNDAY MORNING. THIS IS WHEN MY CLIENT FOR THE FIRST TIME SINCE HE'S OPENED THIS BUSINESS CLOSED HIS DOORS EE BUSINESS. THE FIRST ONE IS AT APPROXIMATELY 9:50 P.M. OBVIOUSLY VERY FEW, A COUPLE OF CARS IN THE PARKING LOT. NOW WE GET TO AFTER CLOSING. SO THIS IS WHERE ON FRIDAY NIGHT, WE SAW THAT LARGE GATHERING, CARS IN OUR PARKING LOT, CARS ACROSS THE STREET, THE LOITERING, MEANDERING AROUND, THAT EVERYBODY HAS RIGHTFULLY COMPLAINED OF TODAY. NOW THIS IS AT 12:13. THIS WOULD BE AN HOUR 13 MINUTES AFTER CLOSING ON SATURDAY NIGHT. THE PICTURE OF MY CLIENT'S PARKING LOT. MARKEDLY DIFFERENT THAN FRIDAY NIGHT. EMPTY. HERE IS ANOTHER PICTURE OF MY CLIENT'S PARKING LOT AT 12:14 A.M. SATURDAY EVENING GOING INTO SUNDAY MORNING. EMPTY. AND THIS IS SATURDAY NIGHT. ONE DAY LATER. OKAY. SO NOW I AM GOING TO GO TO SUNDAY NIGHT GOING INTO EARLY MONDAY MORNING. THIS IS AT 12:22 A.M. WE HAVE NOW BEEN CLOSED FOR AN UR 2 MINUTES. AGAIN, MY CLIENT'S PARKING LOT LOOKING ACROSS THE STREET. I WILL ALSO NOTE THAT WHEN WE STARTED CLOSING AT 11 P.M., CERTAIN OF THE OTHER BUSINESSES, INCLUDING THE ONE WE ARE LOOKING AT, STARTED CLOGSING EARLY, ALSO. FOLLOWING OUR LEAD. THIS IS SUNDAY NIGHT. REMEMBER THE PICTURE WE SAW ON FRIDAY NIGHT WITH ALL THE CARS THERE AT THE SAME TIME, APPROXIMATELY. ANOTHER PICTURE SUNDAY EVENING. THIS ONE JUST AFTER MIDNIGHT. AGAIN, AN HOUR AFTER CLOSING. OUR CLIENT'S PARKING LOT EMPTY. THIS ONE WOULD BE MONDAY NIGHT GOING INTO TUESDAY MORNING. THIS IS AT 12:30, 12:38 IN THE MORNING. MONDAY GOING INTO TUESDAY. THAT SAME CAMERA. THAT I TALKED ABOUT EARLIER. MY CLIENT'S PARKING LOT. THE NEIGHBORING STORE ACROSS THE STREET. YOU CAN SEE THE LACK OF CARS, THE LACK OF INDIVIDUALS, THE LACK OF PEDESTRIAN TRAFFIC. HERE IS ANOTHER ONE FROM THE SAME EVENING AT MIDNIGHT. ANOTHER ONE THAT SAME EVENING. OKAY. NOW GOING TUESDAY NIGHT GOING INTO WEDNESDAY MORNING, 12:24 A.M., THAT FAMILIAR ANGLE, MY CLIENT'S PARKING LOT LOOKING ACROSS THE STREET. NO CARS. IN A PEDESTRIANS. NO LOITERING. THAT SAME EVENG, JT AFTER MIDNIGHT. EMPTY. AND THE SAME ONE AGAIN. THIS WAS A LITTLE EARLIER ON AUGUST 25th, WOULD HAVE BEEN YESTERDAY AT AROUND 8:50 P.M. THIS WOULD HAVE BEEN ABOUT TWO HOURS PRIOR TO CLOSING. AND THEN I HAVE ONE LAST EVENING GOING INTO EARLY THIS MORNING AT 12:23. AGAIN, THIS WOULD HAVE BEEN AN HOUR AND A HALF AFTER CLOSING. NEIGHBORING BUSINESS NOW CLOSING. YOU DON'T HAVE THE GATHERINGS, THE CARS, THE PEDESTRIANS. LAST NIGHT AGAIN, EARLY THIS MORNING. SO COUNCIL, I WANT TO JUST REINFORCE, I THINK, THAT MY CLIENT SINCE INCEPTION HAS RECOGNIZED THE PROBLEM. HE HAS TAKEN ALBEIT SMALLER CODINATION OF LAW ENFORCEMENT ATTEMPTING TO COMPLY WITH LAW ENFORCEMENT. HE'S CERTAINLY NEVER IMPEDED LAW ENFORCEMENT AND WORKED COOPERATIVELY WITH THEM, HAS AGAIN AUTHORIZED THEM TO TRESPASS INDIVIDUALS, COOPERATES WITH THEY DO COME OUT AND CALLS THEM OUT. AND NOW WE HAVE TAKEN THE REALL% LARGE STEP HERE THAT I THINK WILL MAKE A BIG DIFFERENCE, CERTAINLY THE PICTURES OF THE LAST FIVE DAYS DEMONSTRATE THAT WE ARE ON THE RIGHT PATH. OTHER BUSINESSES ARE FOLLOWING. WE HAVE FIVE CONSECUTIVE NIGHTS OF CLOSING AT 11, AND WE SEE NO CARS, NO LOITERING, NO MEANRING AN ENTIRELY DIFFERENT SITUATION, 180 GRIESE DEGREES. NOTICE IF THE GOAL IS COMPLIANCE, IF THE GOAL IS TO BE A GOOD NEIGHBOR, IF THE GOAL IS TO HELP LAW ENFORCEMENT DO THEIR JOB, I THINK THIS LAST EFFORT CERTAINLY HAS MADE A MARKABLE CHANGE AND I HOPE WE HAVE BEEN ABLE TO KRESS IMPRESS THAT UPON THE COUNCIL HERE. WE WANT TO BE GOOD NEIGHBORS IN THE COMMUNITY. AND WE INTEND TO DO THAT. AS FAR AS THE CODE VIOLATIONS, I WILL JUST SPEAK BRIEFLY TO THAT. WE HEARD FROM THE CODE ENFORCEMENT OFFICER AND WE HAVE SEEN SOMEICTURES. THAT WAS DEALT WITH BY THE MAGISTRATE. AND THE LANDLORD ARE ON A DEADLINE, I THINK IT WAS DATED MIDDLE OF OCTOBER, OCTOBER 13. THE LANDLORD AND MY CLIENT ARE IN ACTIVE COMMUNICATION, MEETING WITH CONTRACTORS. THERE'S A MEETING TOMORROW WITH THE CONTRACTOR. THE PROPERTY OWNER'S INTENT ALONG WITH MY CLIENT'S INTENT IS TO SATISFY THOSE CODE VIOLATIONS IN THE TIME PROVIDED, BRING THAT PROPERTY INTO FULL COMPLIANCE. IT'S GOING TO BE QUITE AN UNDERTAKING TIME. WE HAVE LIMITED TIME BUT WE CAN GET IT DONE. IT'S GOING TO TAKE CONSIDERABLE EXPENSE. AND I JUST THINK WITH THE CHANGES WE HAVE MADE AND THE DEMONSTRATED EFFORT AND THE BEST OF THOSE CHANGES THAT WE HAVE SEEN IN SUCH A SHORT PERIOD, WE ASK THIS COUNCIL NOT TAKE THE ADDITIONAL STEP OF SUSPENDING OUR LIQUOR LICENSE OR ALCOHOL LICENSE AND CUTTING OFF OUR REVENUE AT THIS TIME WHEN WE ARE TRYING TO BRING THIS PROPERTY INTO COMPLIANCE. WE ARE GOING TO CONTINUE TO WORK WITH THE COMMUNITY AND ADDRESS THESE ISSUES. AND HOPEFULLY THAT WE HAVE BEEN ABLE TO MAKE A MARKABLESLIDE STRIDE WITH THAT LAST WEEK AND INTO THIS WEEK. I WILL TURN IT OVER TO THE COUNCIL WHO I AM SURE MAY HAVE SOME QUEIONSOR ME OR MY CLIENT, MR. SOBH, AND I APPRECIATE YOUR TIME. >>ORLANDO GUDES: MR. MIRANDA, YOU ARE RECOGNIZED. >>CHARLIE MIRANDA: THE PICTURES ARE FANTASTIC. THEY SAY A PICTURE IS WORTH A THOUSAND WORDS AND YOU CERTAINLY HAVE PRESENTED YOUR CLIENT VERY ELOQUENTLY AND VERY PROFESSIONALLY. HOWEVER, AS COLOMBO WOULD SAY, I DON'T UNDERSTAND WHAT YOU SAID EARLIER, THAT YOU WERE SELLING LIQUOR THROUGH A WINDOW 24 HOURS. >> I APOLOGIZE, OUR STORE WAS OPEN 24 HOURS. WE WOULD SELL OTHER PRODUCTS IN ADDITIONOLCOH, BUT WE DID NOT SELL ALCOHOL WITHIN THE RESTRICTED TIME. I WANT TO MAKE THAT VERY CLEAR. >>CHARLIE MIRANDA: THAT'S THE WAY IT CAME ACROSS. I HEARD THAT AND I SAID, I AM GETTING CONFUSED. >> NO, NO. I'M GLAD YOU CLARIFIED IT. >>CHARLIE MIRANDA: I AM SAW THAT AND I THOUGHT THOUGHT SOB SOMETHING DOESN'T ADD UP, IF THIS COUNCIL DOES A GOOD JOB, I APPRECIATE YOUR CONVERSATION, SIR. THANK YOU. >>ORLANDO GUDES: MR. CARLSON, YOU'RE RECOGNIZED, SIR. >>BILL CARLSON: I WONDER IF I CAN ASK A QUESTION WHILE HIS COUNSEL IS HERE. YOU MENTIONED THE BUSINESS OWNER HAD CONTACTED 911 MULTIPLE TIMES. DO WE HAVE A RECORD OF THAT? DOES THE IS CITY HAVE A RECORD, ONE OF THE REPRESENTATIVES CONTACTED 911 AND IF SO HOW OFTEN? >>KENDRICK DONNELLY: AS FAR AS THE TIMES THAT INDIVIDUALS FROM THE BUSINESS CALLED 911? I DON'T HAVE THAT NUMBER IN FRONT HE.I D KNOW THAT SOME OF THE EVENTS THAT WERE REFERENCED EARLIER DID INCLUDE CALLS FROM THE BUSINESS, HOWEVER THE MAJORITY WERE CALLS -- >>JOSEPH CITRO: FOR RECORD ARE YOU REPRESENTING JUST THE STORE OWNER OR ARE YOU REPRESENTING PROPERTY OWNER, ALSO? >> I REPRESENT SOLELY THE BUSINESS OWNER. >>JOSEPH CITRO: SOLELY THE BUSINESS OWNER. THANK YOU. GOING BACK TO OUR COUNSEL, WHEN IS THE DATE FOR COMPLIANCE THAT THE MAGISTRATE HAD ORDERED? >>KENDRICK DONNELLY: I BELIEVE OCTOBER 17. OCTOBER 17. >>SIMONE SAVINO: YES. >>JOSEPH CITRO: OCTOBER 17. A LITTLE UNDER 60 DAYS. >>SIMONE SAVINO: EXACTLY 60 DAYS FROM THE DATE OF THEIR ORDER. >>JOSEPH CITRO: OKAY. THANK YOU, MR. CHAIR. I WILL HAVE SOME QUESTIONS LATER. >>ORLANDOUDES: MR. MIRANDA SAID -- I GO OUT THERE ALL THE TIME, AND YOU ARE RIGHT, YOU ARE NOT THE ONLY BAD ACTOR. THERE ARE A COUPLE OF BAD ACTORS DOWN THERE AS WELL. AND WE ARE AWARE OF IT. THERE ARE SEVERAL BAD ON THAT CORNER. IT'S UNFORTUNATE THAT YOU HAD TO BE FIRST. BUT WHAT I CAN SAY, I'M GLAD YOU ARE TAKING SOME STEPS, BECAUSE I KNOW THAT BETWEEN NOW AND ABOUT 5:00, FROM THURSDAY TO PROBABLY SUNDAY, FROM 5:00 P.M. TO PROBABLY ABOUT 11 OR 12, THOSE PICTURES ARE NICE THAT YOU GOT 12:00 AND AFTERWARDS, BUT I KNOW FROM SEEING THAT ABOUT 5:00, ON THURSDAY, IT'S PANDEMONIUM OUT THERE. THAT'S GREAT THAT -- YOU KNOW, WE HAVE SOME BIGGER PROBLEMS THAT WE HAVE TO SOLVE, AND WE ARE GOING TO GET ALL THREE OF THOSE BUSINESSES TO UNDERSTAND THAT IT'S THEIR RESPONSIBILITY TO HANDLE THE PEOPLE AT THEIR STORES, IT'S THEIR RESPONSIBILITY TO NOT HAVE PEOPLE LOITERING ON THEIR PROPERTY, IT'S YOUR RESPONSIBILITY TO HAVE PEOPLE NOT DRINKING OR ON THEIR PROPERTY. SO THOSE THINGS YOU ARE TRYING TO DO ARE WELL AND GOOD, BUT FOR OUR COMMUNITY, IT'S STILL YOUR PROPERTY, THE BUSINESS OWNER OR ONE OF THE PROPERTY OWNERS, WE HAVE AN ISSUE ON YOUR PROPERTY, AND WE HAVE TO FIX THE IUE REFERENCE TO YOUR PROPERTY. MR. CARLSON. >>BILL CARLSON: THANK YOU. JUST ANOTHER QUESTION. I THINK OUR CITY'S COUNSEL, CORRECT ME IF I AM WRONG, YOU SAID THE BUILDING OWNER DID NOT OBJECT TO THE HEARING, SOMETHING LIKE THAT. DO WE KNOW WHAT THE RELATIONSHIP IS? HAS THE BUSINESS OWNER BEEN ONE OF THE COMPLAINANTS? >>KENDRICK DONNELLY: THE PROPERTY OWNER HAS NOT BEEN ONE OF THE COMPLAINANTS TO COME IN. WE HAD THAT CONVERSATION WITH COUNCIL FOR THE PROPERTY OWNER. THEY INDICATED THAT THEY DID NOT HAVE AN OBJECTION, AND THEY DID HAVE THE PROPERTY OWNER SIGN AN AFFIDAVIT ASSERTING TO THAT, AND A COPY OF THAT IS ACTUALLY LOCLOCATED IN YOUR BANDER AT 8-. >>ORLANDO GUDES: THE PROPERTY OWNER HAS NO OBJECTION TO WHAT? >> TO COUNCIL TAG ACTION IN THIS CASE. >>SIMONE SAVINO: I WILL LET COUNCIL KNOW THAT WE HAVE COMMUNICATED WITH THE PROPERTY OWNER'S COUNSEL PRIOR TO TODAY'S HEARING AND WE LET THEM KNOW THAT ALL THE NOTICE SAID WAS IT WAS A MANDATORY APPEARANCE, AND DESPITE THAT, THEY STILL FELT IT WAS IN THEIR INTEREST TO NOT APPEAR. AND ALSO, I JUST WILL NOTE FOR THE RECORD HERE THAT KENDRICK AND I HAVE BEEN UP TO TODAY'S HEARING HAVE BEEN IN COMMUNICATION WITH COUNSEL FOR BOTH THE PROPERTY OWNER AS WELL AS THE TENANT, AND THERE'S BEEN CONFLICTING INFORMATION BETWEEN THE TWO OF THEM. SO I DON'T KNOW IF THEY ARE ESSENTIALLY OF THE UNDERSTANDING THE IMPACT THAT THISAS ON EACH OF THEM. >>ORLANDO GUDES: A FIVE-MINUTE BREAK. SHE'S BEEN ASKING. WE ARE GOING TO TAKE A RECESS FOR FIVE MINUTES. MR. SHELBY, YOU ARE RECOGNIZED. >>MARTIN SHELBY: DURING THIS RECESS I AM GOING TO ASK THE COUNCIL TO ADVISE YOU TO NOT SPEAK AMONGST YOURSELVES NOR TO ANY WITNESSES OR PRESENTERS. THANK YOU. >>ORLANDO GUDES: THANK YOU, SIR. WE ARE IN RECESS. [ CITY COUNCIL RECESS ] >>JOSEPH CITRO: HERE. >>LUIS VIERA: HERE. >>CHARLIE MIRANDA: HERE. >>ORLANDO GUDES: HERE. >>THE CLERK: WE HAVE A PHYSICAL QUORUM. >>ORLANDO GUDES: ALL RIGHT. I THINK WE LEFT OFF WITH THE APPLICANT CORRECT? >>SIMONE SAVINO: ACTUALLY, WHAT WE WOULD LIKE TO DO, AND I DIDN'T MEAN TO CUT OFF KENNY, BUT WE WOULD LIKE TO RECALL ONE OF OUR WITNESSES, I BELIEVE HE'S STILL PRESENT, DETECTIVE CURTIS WILLIAMS. >>ORLANDO GUDES: WERE WE FINISHED WITH THE ATTORNEY? >>SIMONE SAVINO: SURE, WE CAN DEFER TO MR. DEES. I DON'T KNOW IF HE'S L IF HE'S FINISHED. >>JOSEPH CITRO: MR. CHAIR, IF I MAY TO START OFF, I JUST WANT TO ASK THIS QUESTION TO CLARIFY. BEFORE ME I HAVE THE LEASE THAT WAS SIGNED JUNE 1st OF 2014 WHICH ENDED ON THE 31st DAY OF MAY 2019. IS THERE STILL A LEASE THAT THESE PEOPLE HAVE WITH THE PROPERTY OWNER? >> YES, COUNCIL MEMBERS. THIS IS JUSTIN DES. THAT LEASE WAS RENEWED FOR AN ADDITIONAL FIVE YEARS SO ROUGHLY WARE THE SECOND YEAR OF A FIVE-YEAR LEASE. >>JOSEPH CITRO: SIGNED OR JUST A VERBAL AGREEMENT? >> IT'S SIGNED. >>JOSEPH CITRO: THANK YOU. THANK YOU, MR. CHAIR. >>ORLANDO GUDES: YOU MAY CONTINUE, MR. DES. ANYTHING ELSE TO SAY, SIR? >> YOUR HONOR -- I'M SORRY, COUNCIL, I DO NOT. THI I TRIED TO CONVEY AGAIN, WE WANT TO BE A VITAL PART, AN IMPORTANT PART AND A GOOD COMMUNITY MEMBER HERE. AND WE CERTAINLY HAVE TAKEN STEPS, I BELIEVE, AND I'M CONFIDENT THAT WE ARE ON THE RIGHT TRACK AND WE HAVE OTHERS FOLLOWING OUR LEAD. I WOULD AGAIN OFFER COUNCIL, ANY COUNCILMEMBER HAS ANY QUESTIONS FOR ME, OR WANT TO HEAR FROM MY CLIENT DIRECTLY, WE ARE READY. >>ORLANDO GUDES: DOES YOUR CLIENT WISH TO SPEAK TO US, SIR? >> NO, AS I INDICATED EARLIER, HE CAN DO DIRECT DIRECT QUESTIONS AND ANSWERS BUT COMMUNICATING OFF THE CUFF IS PROBABLY VERY DIFFICULT FOR HIM. >>ORLANDO GUDES: ALL RIGHT, SIR. COUNCIL MEMBERS, ARE THERE ANY QUESTIONS? ALL RIGHT. WE GO BACK TO MR. DONNELLY. >>KENDRICK DONNELLY: WE DID WANT TO CALL CURTIS WILLIAMS BACK UP TO SPEAK ON THE GREEN CARD, THE TRESPASS AFFIDAVIT, AND IF WE CAN HAVE DETECTIVE WILLIAMS TALK ABOUT THE SIGNIFICANCE OF IT, WHAT IS APPLICABLE AND HOW IT APPLI TO BUSINESSES SUCH AS YBOR GROCERY. >> DETECTIVE CURTIS WILLIAMS. >>KENDRICK DONNELLY: WELCOM BACK. >>SIMONE SAVINO: I DON'T KNOW IF YOU JUST HEARD WHAT KENNY WAS GOING THROUGH. >> IN REFERENCE TO THE GREEN BLACK ARD? >>SIMONE SAVINO: YES. >> SO AN EXPLANATION, THE ATTORNEY HAD SAID THAT HIS CLIENT HAD SIGNED A TRESPASS AUTHORIZATION GIVING THE POLICE CARTE BLANCHE, AND THAT'S NOT EXACTLY HOW IT WORKS. TO CLARIFY, THE TRESPASS AUTHORIZATION IS SIGNED BY THE PROPERTY OWNER, OR BUSINESS OWNER, TO GIVE POLICE THE AUTHORITY TO ACT WHEN THE BUSINESS AND THE BUSINESS OWNER IS NOT PRESENT. SO REALLY THIS AGREEMENT IS USED DURING A 24/7 OPERATION. BUSINESS PROPERTY LIKE COUNSEL HAD SAID IS THE PROPERTY OWNER'S RESPONSIBILITY. SO THEY STILL NEED TO CALL IN AND REQUEST SERVICES. IF IT WASN'T SOMETHING THAT -- THAT INVESTIGATION. WITH THOSE GREEN PLACARDS, THEY DON'T NEGATE THE NEED FOR A PROPERTY OWNER TO REQUEST SERVICES. >>SIMONE SAVINO: THANK YOU, CURTIS. >>ORLANDO GUDES: ANY QUESTIONS? >>KENDRICK DONNELLY: THE LAST THING IS CLOSING. AND IF THE CURRENT SLIDE CAN BE BROUGHT UP. THANK YOU. COUNCIL, AGAIN, THIS IS 27-318-C-1, OUR CODE SECTION THAT DETAILS WHAT IS REQUIRED IN ORDER TO REVOKE OR SUSPEND THE SALE OF ALCOHOL AT A LOCATION FOR CAUSE. THERE ARE SEVERAL ENUMERATED SECTIONSF THE CODE THAT -- SEVERAL DIFFERENT REASONS THAT WE COULD MOVE TO SUSPEND. HOWEVER THE CITY IN THIS CASE HAS THREE, B, C AND D, MAINTAINING NUISANCE OF THE PROPERTY, A LOUGH DISORDERLY CONDUCT ON THE PROPERTY, OR HAVING SECONDARY NEGATIVE EFFECTS ON THE COMMUNITY. IN THIS CASE, YBOR GROCERY HAS DONE ALL THREE. ALLOWED SALES TO TAKE PLACE ON THE PROPERTY THAT IS A PUBLIC GOG -- TO PROVIDE SOME COFFEEARE OR SOME SNACKS IN THE MORNING, HE COULDN'T GET TO THE STORE. HE COULDN'T GET IN THE STORE WITHOUT SOMEONE OFFERING HIM DRUGS. TRYING TO SELL HIM DRUGS. HE WOULD WALK INTO AND OUT OF THE CONVENIENCE STORE. AND HIS STATEMENT WAS THAT THIS IS AN ONGOING ISSUE. SO THE INDIVIDUALS WERE TRYING TO ENGAGE AND ACTUALLY UTILIZE THE BUSINESS FOR NORMAL BUSINESS SALES AND NORMAL BUSINESS PRACTICES WITH A NORMAL CONVENIENCE STORE CAN'T DO SO BECAUSE OF THE ACTIVITY THAT THE BUSINESS OWNER IS ALLOWING TO TAKE PLACE ON THE PROPERTY. WHEN IT COMES TO DISORDERLY CONDUCT, EITHER ENGAGING OR PERMITTING, YOU SAW THE VIDEO OF THE CONGREGATION ON THE SITE, ON THE PROPERTY. YOU SAW THE NUMBER OF INDIVIDUALS WHO WERE THERE. YOU HEARD TESTIMONY ABOUT PARTY BUSES THAT ARE THERE, WITH INDIVIDUALS BLOCKING TRAFFIC, SO INDIVIDUALS CAN'T TRAVEL TO AND FROM WHERE THEY NEED TO BE, AND ENGAGING IN THE CONDUCT, AN EMPLOYEE OF THE BUSINESS FIRING A WEAPON IN ORDER TO TRY TO SCARE A POTENTIAL SHOPLIFTER. THESE ARE ACTIONS TT CANNOT BE TAKEN BY A REASONABLE BUSINESS. THE ABILITY TO SELL ALCOHOL IS A PRIVILEGE, IT'S NOT A RIGHT. SO THE PEOPLE WHO DO THAT SHOULD BE RESPONSIBLE, REASONABLE BUSINESS OWNERS AND RESPONSIBLE REASONABLE MEMBERS OF THE COMMUNITY. YBOR GROCERY HAS PROVEN OVER THE COURSE OF TIME THAT THEY HAVE BEEN NOT BEEN, ON SEVERAL DIFFERENT INSTANCES. THE FIRST INSTANCE WHERE THE POLICE REPORT OF MARCH OF 2020 SO THEY WERE FIRST PUT ON NOTICE ABOUT CRIMINAL ACTIVITY FROM AN ARREST THAT TOOK PLACE IN MARCH OF 2020. SUBSEQUENT TO THAT, THEY RECEIVED A NOTICE THAT THEY HAD, BECAUSE THEY HAD SO MUCH CRIMINAL ACTIVITY THEY WERE PUT ON NOTICE IN FEBRUARY OF THIS YEAR THAT THE ACTIVITY HAS RISEN TO THE LEVEL THAT IT QUALIFIES FOR PUBLIC NUISANCE ABATEMENT. IT TOOK FROM MARCH OF 2020 THROUGH FEBRUARY OF 2021 AND NO ACTION WAS TAKEN. THE ACTION THAT WAS TAKEN WAS TAKEN WITHIN THE PAST FIVE DAYS. THIS IS -- THEY HAD AN OPPORTUNITY TO TAKE ACTION BEFORE. NOW, WE ARE TALKING ABOUTHAT CAN BE DONE. THE CITY COUNCIL CAN SUSPEND THE PERMIT, AND CAN SUSPEND THE ABILITY TO SELL ALCOHOLIC BEVERAGES ON THE PROPERTY FOR UP TO 30 DAYS FOR THE FIRST VIOLATION. AND THERE ARE THREE THINGS THAT COUNCIL CAN CONSIDER IN MAKING A DETERMINATION AS TO HOW LONG THEY WANT TO ISSUE THE SUSPENSION. THE FIRST IS THE GRAVITY OF THE VIOLATION. THIS IS A SIGNIFICANT VIOLATION. THE NUMBER OF DRUG SALES THAT TAKE PLACE ON THE PROPERTY, THE NUMBER OFUN VLENC THAT TOOK PLACE ON THE PROPERTY, THE FACT THAT GUN VIOLENCE TOOK PLACE ON THE PROPERTY, AND WHEN LAW ENFORCEMENT IS TRYING TRYING TO WORK WITH THE BUSINESS TO GET BESIDE ROW OWE SURVEILLANCE TO SEE WHO THE PERPETRATORS WERE, THEY HAD DIFFICULTY. THAT SHOULD BE A SITUATION -- THIS THIS IS A REASONABLE RESPECTFUL BUSINESS THERE SHOULD BE NO QUESTION F.A SHOOTING TOOK PLACE OUTSIDE THEIR PROPERTY, THERE IS NO QUESTION, THEY WILL PROVIDE AS MUCH ASSISTANCE TO LAW ENFORCEMENT AS POSSIBLE. AND THE FIRST THING THEY CAN DO IS PROVIDE ACCESS TO THAT VIDEO SURVEILLANCE SYSTEM SO THEY CAN PROPERLY TRY TO IDENTIFY THE INDIVIDUALS WHO WERE INVOLVED IN THE SHOOTING AND MAKE AN ARREST IN ORDER TO TRY TO KEEP THE COMMUNITY SAFE BECAUSE A SHOOTING JUST TOOK PLACE. AND THIS IS THE SITUATION. YOU HEARD TESTIMONY THAT THEY DON'T DO THAT. THEY HAVEN'T GIVEN LAW ENFORCEMENT THE SUPPORT THEY NEED. THEY COMPLETELY ABDICATED THEIR RESPONSIBILITY TO KEEP CRIMINAL ACTIVITY OFF OF THEIR PROPERTY. SO THEY MADE CHANGES IN THE PAST FIVE DAYS, BUT THE CALLS HAVE BEEN FOR THE PAST 18 MONTHS. SO WHEN YOU ARE TALKING ABOUT EVIDENCE OVER THE PAST 18 MONTHS VERSUS EVIDENCE FROM A COUPLE HOURS OVER THE PAST FIVE DAYS, THE OVERWHELMING AMOUNT OF EVIDENCE SHOWS THAT THEY HAVE BEEN AN IRRESPONSIBLE BUSINESS OWNER AND IRRESPONSIBLE MEMBER OF THE COMMUNITY, AND THEREFORE THEY HAVE BEEN IN VIOLATION OF 27-318-C. SO THE SECOND FACTOR IS ACTION TAKEN BY THE VIOLATORS TO CORRECT THE VIOLATION WHICH IS WHAT I WAS JUST TALKING ABOUT. IN 17 MONTHS AND 25 DAYS, THEY DID NOTHING. THEY DID NOTHING. AND YOU HEARD TESTIMONY FROM OFFICERS WHO HAVE BEEN IN THE COMMUNITY, WHO HAV BEE IN THAT DISTRICT, WHO PATROL THAT DISTRICT, WHO RESPONDED TO THAT LOCATION ON NUMEROUS INDICATIONS AND THOUGH SAW NO CHANGE. THEY SAW NO CHANGE BECAUSE THEY DIDN'T TAP ANY ACTION UNTIL THIS PAST WEEKEND. SO THEY TOOK NO ACTIONS FOR A YEAR AND A HALF, AND THEY WANT THE ACTION BEINGS OF THE PAST FOUR OR FIVE DAYS TO ERASE EVERYTHING THAT'S TAKEN PLACE IN THE LAST 18 MONTHS. AND I AM ASKING COUNCIL NOT TO FIND THAT. I AM ASKING COUNCIL TO FIND THAT THEY HAVE BEEN IN VIOLATION OF SECTION B, C AND D AND ASKING COUNCIL TO SUSPEND THEIR LICENSE FOR THE MAXIMUM OF 30 DAYS. THE THIRD FACTOR IS ANY PREVIOUS VIOLATIONS COMMITTED BY THE VIOLATOR. AND THIS IS THE FIRST TIME THEY HAVE BEEN PUT ON NOTICE FOR VIOLATION OF THIS NATURE. THIS IS THE FIRST TIME THAT WE BROUGHT THE ALCOHOLIC BEVERAGE PERMIT SUSPENSION TO THEM. SO THERE'S NO -- THE MAXIMUM IS THE 30 DAYS. NOW, THEY HAVE BEEN PUT ON NOTICE AS TO CRIMINAL ACTIVITY THAT'S TAKEN PLACE ON THEIR PROPERTY. THEY HAVE BEEN PUT ON NOTICE ABOUT DRUG SALES. THEY HAVE BEEN PUT ON NOTICE ABOUT GUN VIOLENCE THAT THEY NOT ONLY WITNESSED AND ALLOWED TO TAKE PLACE ON THE PROPERTY BUT ENGAGED IN, AND THEY HAVEN'T TAKEN ACTION THEY NEEDED TO. SO I AM ASKING COUNCIL TO TAKE ACTION AND TO FIND THEM IN VIOLATION OF CODE SECTION 27-318 AND TO SUSPEND THEIR ABILITY TO SELL ALCOHOL AT 3401 NORTH 15th STREET FOR THE FULL 30 DAYS STARTING TOMORROW. THIS IS THE AFFIDAVIT THAT I REFERENCED EARLIER THAT'S TAB A-8, THAT SHOWS THAT PROPERTY OWNER HAS NO OBJECTION TO COUNCIL TAX ACTION AS WAS REQUESTED. >>SIMONE SAVINO: COUNCIL, I ALSO WANT TO ADD, WE HAVE A PREPARED MOTION, IF YOU ARE LOOKING FOR THE LANGUAGE, WE HAVE IT PREPARED AND READY AND WE CAN DISTRIBUTE IT TO YOU IF REQUESTED. >>ORLANDO GUDES: MR. MANISCALCO, YOU ARE RECOGNIZED, SIR. >>GUIDO MANISCALCO: I BELIEVE THAT WE HAVE HEARD ABOVE AND BEYOND, MORE THAN ENOUGH EVIDENCE. I HAVE SEEN IT. I KNOW THIS AREA. I KNOW THE CITY. I DRIVE THROUGH IT. YOU KNOW IT. IT'S YOUR DISTRICT. MANY OF US DO. USUALLY I'M A VERYENIE PERSON IN LIFE IN GENERAL, I BELIEVE IN FORGIVENESS AND ALL THAT STUFF, BUT WE ARE LOOKING AT FACTS HERE. WE ARE LOOKING AT -- WHEN I HEARD THE BUSINESS OWNER WENT OUT AND FIRED WARNING SHOTS IN THE AIR, THE FIRST THING I THOUGHT OF, YOU KNOW, ONE OF THE WESTERN MOVIES, I LIKE THOSE OLD WESTERN MOVIES, BUT THIS ISN'T THE WILD WEST, THIS ISN'T THE 1800s, THIS IS THE CITY OF TAMPA HAS BEEN KNOWN FOR ITS NEIGHBORHOODS, WE HAD TESTIMONY FROM RESIDENTS, NEIGHBORHOOD LEADERS. WE SAW THE PHOTOGRAPHS. IT'S NOT JUST THAT STRT BUT THE OTHER STREETS, IT'S A TRICKLE DOWN EFFECT THAT IS AFFECTING A LARGER PART OF THE AREA MORE THAN JUST THAT PARCEL. THE GENTLEMAN THAT MADE THE CALL GOING TO GET A CUP OF COFFEE IN THE MORNING, OR IN THE DAYTIME, AND YOU HAVE DRUG DEALING SITUATIONS, YOU HAVE TESTIMONY FROM POLICE OFFICERS, WITNESSING THOSE DRUG DEALS. YOU KNOW, I HAVE MY PERSONAL THOUGHTS ON MARIJUANA AND THE LEGALITY OF MARIJUANA, BUT WE ARE TALKING CRACK COCAINE AND METH. WE ARE TALKING ABOUTARDER DRUGS THAT ARE LISTED AS WHATEVER HIGHER CLASS FELONY, THE DRUGS LISTED BEYOND MARIJUANA. THIS ISN'T PEANUTS. THIS ISN'T A MINOR SITUATION. THIS IS SOMETHING THAT IS AFFECTING THE LIVELIHOOD OF THAT NEIGHBORHOOD, THE SAFETY OF THAT NEIGHBORHOOD. WEAPONS, WE SAW THE FIREARMS, DIFFERENT TYPES. THESE ARE SERIOUS WEAPONS. WE ARE NOT TALKING ABOUT LITTLE POCKET PISTOLS. I ALREADY MENTIONED THE BUSINESS OWNER GOING OUT AND SHOOTING INTO THE AREA. R AIR. WHAT IF A STRAY BULLET HAD KILLED SOMEBODY? NOW WE ARE TALKING POTENTIAL DEATH. I AM READY TO MOVE ON THIS. AND I KNOW THERE'S A PREPARED MOTION TO FIND THE BUSINESS OWNERS IN VIOLATION OF 27-318-C-1. I KNOW THAT WE CAN BEGIN THE SUSPENSION WITH 30 DAYS. I SEE THAT AS A WARNING. IF THINGS DON'T GET BETTER, YOU KNOW, GO AHEAD AND TRY ME, I'LL TAKE IT TO 60 TO 90, HOWEVER IT TAKES, BECAUSE THIS IS NOT GOING TO GET BETTER UNLESS WE REALLY BRING THE HAMMER DOWN. THE EVIDENCE SPEAKS FOR ITSELF. YOU KNOW, I CAN'T BE LENIENT OR NICE ON SOMETHING LIKE THIS. SO I AM READY TO MOVE. AND IN THE SITUATION, IN THE DIRECTION THAT YOU RECOMMEND, AND I HOPE THAT COUNCIL AGREES WITH ME, WE SUSPEND THE ALCOHOLIC BEVERAGE SALES FOR 30 DAYS. I KNOW THAT THEY MADE IMPROVEMENTS IN THE LAST FEW DAYS, BUT 17 MONTHS, I BELIEVE YOU HAVE MENTIONED, AND NOW ALL OF A SUDDEN, YOU KNOW, FOLKS GET SCARED AND THEY WANT TO MAKE THINGS BETTER. BUT WE'LL START WITH 30-DAY SUSPENSION. IF IT DOESN'T GET BEE IT FURTHER. SO THIS THANK YOU. >>JOSEPH CITRO: PERSONALLY, I WOULD LIKE TO SEE THIS COINCIDE WITH THE ORDER HANDED DOWN BY THE MAGISTRATE OF THE CODE ENFORCEMENT BOARD. AGAIN I ASK THE QUESTION IF WE TAKE AWAY THEIR LICENSE JUST HOW MUCH GOOD ARE WE GOING TO DO? IF THIS STORE OWNER AND THE PROPERTY OWNER WANT TO HAVE SKIN IN THE GAME, AND THEY WANT TO SHOW THAT THEIR BUSINESS IS VITAL TO THIS AREA, I WOULD LIKE E ENFORCEMENT. CAN'T DO THAT, I UNDERSTAND, WE CAN ONLY GIVE 30 DAYS AT THE PRESENT TIME. BUT I WANT TO KNOW, WHEN DOES THIS STORE OWNER GO BACK ON THE CLOCK? IF THESE CASES OF DRUGS, VIOLENCE, GUNS, AND AGAIN STARTS UP TOMORROW, THEN IS THAT STORE OWNER BACK ON THE CLOCK? OR DO THESE VIOLATIONS START UP AGAIN AFTER THE 30 DAYS? EVEN THOUGH WE ARE GOING TO -- EXCUSE ME, HOPEFULLY WE WILL SUSPEND HIS LICENSE FOR 30 DAYS, IS HE STILL ON THE CLOCK? GO AHEAD AND GIVE ME YOUR ANSWER. >>SIMONE SAVINO: I DIDN'T MEAN TO INTERRUPT YOU. I JUST WANTED TO CLARIFY, WE ARE NOT GOING TO TAKE IT AWAY. THIS IS JUST FOR THE SUSPENSION. AND -- >>JOSEPH CITRO: SIX OF ONE, HALF DOZEN OF ANOTHER. HE'S SUSPENDED FOR 30 DAYS. >>SIMONE SAVINO: AND HE'S BACK ON THE CLOCK AFTER THE END OF THAT 30 DAYS. >>JOSEPH CITRO: THAT'S WHAT I NEED TO KNOW. SO IF I MAY, I WOULD SECOND COUNCILMAN MANISCALCO'S MOTION, IF THAT IS A MOTION. >>BILL CARLSON: I AGREE AND I WAS GOING TO SECOND ALSO. I THINK WE NEED TO MAKE IT 30 DAYS. >>CHARLIE MIRANDA: I THINK IF THAT'S THE MOTION YOU HAVE TO MAKE A MOTION WHEN THE 30-DAY STARTS. THERE WAS NO CLARITY. >>SIMONE SAVINO: AND I WOULD LIKE YOU GUYS TO SAY SPECIFICALLY WHAT SUBSECTION. >>CHARLIE MIRANDA: I THINK YOU HAVE TO PUT IT ON THE RECORD, THE FINDER OF EVIDENCE THAT WAS GIVEN BY THE OFFICERS, THE NEIGHBORHOOD, AND THEICTUS THAT WERE SUBMITTED INTO THE RECORD. >>KENDRICK DONNELLY: I WOULD ASK FOR THE FINDER -- >>SIMONE SAVINO: AS WELL AS THE MOTION THAT WAS HANDED TO YOU. >>GUIDO MANISCALCO: SO MOVE TO RECEIVE AND FILE AUGUST ALL DOCUMENT, EVERYTHING THAT THE CLERK HAS BEFORE US. I WILL MAKE A MOTION THAT EVERYTHING THAT WAS SAID, EVERYTHING THAT WAS PRINTED BE MADE PART OF THE RECORD. >>ORLANDO GUDES: MR. MANISCALCO SECONDS -- MR. MIRANDA SECOND IT. >>BILL CARLSON: YES. >>JOSEPH CITRO: YES. >>LUIS VIERA: YES. >>CHARLIE MIRANDA: YES. >>ORLANDO GUDES: YES. >>THE CLERK: MOTION CARRIED UNANIMOUSLY WITH DINGFELDER BEING ABSENT. >>ORLANDO GUDES: YOU WANT THIS READ INTO THE RECORD? >>MARTIN SHELBY: MR. CHAIRMAN, IF YOU ARE READY AND IF COUNCIL IS READY TO READ THE MOTION AS REQUESTED, I ASK -- YOU HAVE ALREADY HEARD THE COMMENTS OF MR. MANISCALCO, BUT IF YOU WOULD CLOSE THEUBLI HEARING -- >>LUIS VIERA: MR. CHAIR, MAY I SAY SOMETHING? THANK YOU VERY MUCH. I APPRECIATE IT, SIR. AND I HAVE BEEN HERE VIRTUALLY. THANK YOU. NO, I JUST WANTED TO SAY, STATE. I OBVIOUSLY WILL SUPPORT THE MOTION. I AGREE WITH THE SUBSTANTIVE SUSPENSION. I IS A LAWSUIT EVERYBODY THAT'S BEEN HEAR TO SPEAK, ESPECIALLY FOLKS FROM THE NEIGHBORHOOD. ONE GENTLEMAN TALKED ABOUT HOW BEING HERE PUTS HIM AT SE RISK, ET CETERA. YOU KNOW, THERE'S A LOT GOING ON. ONE OF THE THINGS THAT STICK OUT TO ME, WHICH IS, NUMBER ONE, THAT THE PARTNERSHIP THAT THE NEIGHBORHOOD HAS WITH LAW ENFORCEMENT HERE, TO MAKE THINGS BETTER, AND IF YOU ARE A BUSINESS, A BUSINESS MAY HAVE SOME CHALLENGES, YOUR JOB IS TO BE PART OF THE SOLUTION AND TO BE A STAKEHOLDER. THE PEOPLE WHO CAME HERE TONIGHT AND SPOKE ARE STAKEHOLDERS. YOUR JOB IS NOT TO MAKE THINGS WORSE. YOUR JOB IS NOT TO EXACERBATE. THAT'S WHY WE ARE HERE QUITE FRANKLY. SO I THINK ALL THE COMMENTS ARE VERY WELL PLACED. I SUPPORT IT. AND I AM PREPARED TO SUPPORT THE MOTION. THANK YOU, SIR. >>ORLANDO GUDES: I AM GOING TO WAIT TILL AFTER WE CLOSE TO MAKE SOME FINAL COMMENTS, BECAUSE I HAVE SOME FINAL COMMENTS. MR. MANISCALCO, DO YOU WANT TO GO AHEAD AND -- >>> MOVE TO CLOSE? ALL RIGHT. MOVE TO CLOSE. >> SECOND. >>ORLANDUDES: MR. MIRANDA SECOND IT. ALL IN FAVOR? ANY OPPOSED? ALL RIGHT. MR. MANISCALCO, YOUR MOTION. >>GUIDO MANISCALCO: I WOULD LIKE TO GO AHEAD AND MAKE THIS MOTION. THE MOTION IS, THE ESTABLISHMENT OPERATING AS YBOR GROCERY LOCATED AT 3401 NORTH 15th STREET, TAMPA, FLORIDA A FOUND IN VIOLATION OF SECTION 27-318-C SUBSECTION B, C AND D, THE MAINTAINING A AFTER NEW SANS ON THPROPTY, C, ENGAGING IN OR PERMITTING DISORDERLY CONDUCT ON OR ABOUT THE PROPERTY, D, OPERATION, THE ESTABLISHMENT IN A MANNER THAT REPEATEDLY OR ON AN ONGOING BASIS HAS NEGATIVELY SECONDARY EFFECTS ON SURROUNDING PROPERTIES. BASED ON THESE VIOLATIONS, CITY COUNCIL MOVES TO SUSPEND THE ABILITY TO SELL ALCOHOLIC BEVERAGES AT 3401 NORTH 15th STREET TAMPA, FLORIDA FOR 30 DAYS. THE 30 DAYS WILL BEGIN TOMORROW, AUGUST 27, FRIDAY, 2021. >>JOSEPH CITRO: SECOND. >>ORLANDO GUDES: MOTION BY MR. MANISCALCO. SECOND BY MR. CITRO. ROLL CALL, PLEASE. >>LUIS VIERA: YES. >>JOSEPH CITRO: YES. >>CHARLIE MIRANDA: YES. >>GUIDO MANISCALCO: YES. >>BILL CARLSON: YES. >>ORLANDO GUDES: YES. >>THE CLERK: MOTION CARRIED UNANIMOUSLY WITH DINGFELDER BEING ABSENT. >>ORLANDO GUDES: ALL RIGHT, MR. SHELBY, CLOSE NOW, RIGHT? WE ALREADY CLOSED IT. ALL RIGHT. LET ME SAY, I KNOW YOU GUYS -- I HAVE DONE INVESTIGATIONS, AND YOU DID YOUR HOMEWORK, PUT TOGETHER A SOUND PACKAGE. YOU WERE ABLE TO GET THOSE NEIGHBORS AND THOSE NEIGHBORHOODS WHO HAVE BEEN AFRAID FOR A LONG, LONG TIME AND IT TOOK A LOT FOR THEM TO COME HERE AND SHOW THEIR FACES ON TA IT ANYMORE SO THEY AREANT TO SPEAKING UP FOR THOSE FOLKS IN THAT COMMUNITY THAT ARE AFRAID. I KNOW THEY ARE AFRAID. I HAVE SEEN THEM. I HAVE GOTTEN THOSE CALLS. EVERYBODY ENCOURAGED THEM TO STAND UP. WE DON'T WANT TO HURT ANY BUSINESSES. WE WANT BUSINESSES TO THRIVE. BUT WE CAN'T HAVE VIOLENCE AS THEY PLACES, WEB CAN'T HAVE THE LOITERING, WEISS CAN'T HAVE THE DRUGS. WE JUST CAN'T HAVE THAT. IT'S NOT GOOD FOR COMMUNITIES. AND I WILL BE HONEST, NANA OTHER COMMUNITY, IN MARGINALIZED COMMUNITIES. THERE'S NO LIQUOR STORES IN OTHER COMMUNITIES, RIGHT INSIDE THE COMMUNITY. THERE'S NO SMALL CONVENIENCE STORE LIKE THAT THAT SELL BEER AND ALCOHOL. OUR MARGINALIZED COMMUNITIES, THOSE DO BRING A LOT TO THE COMMUNITY, BUT WHEN IT BECOMES A DETRIMENT, WHEN IT BECOMES ALCOHOLISM, BECAUSE THAT'S WHAT HAPPENS, 7:00 IN THE MORNING, I KNOW. I USED TO WORK THERE AT 5:00, 6:00 WAITING FOR THOSE STORES TO OPEN. SO I DO UNDERSTAND, WE HAVE A LOT OF HEALTH CONCERNS IN THOSE COMMUNIES,UT THIS COUNCIL IS EMPOWERED TO MAKE SOME ACTIONS AND CHANGES, AND GLAD THAT THIS DEPARTMENT, YOUR OFFICE, HEARD OUR PLIGHTTO GET SOMETHING DONE SO WE CAN HELP THOSE RESIDENTS. AND I HOPE IT SENDS A MESSAGE TO SOME OTHER STORES IN THOSE COMMUNITIES, AROUND 15th STREET, 34th STREET, 40 H STREET. I CAN NAME A BUNCH OF THEM. AND I HOPE IT SENDS A MESSAGE THAT WE ARE NOT GOING TO SOL TOLERATE. YOU HAVE TO TAKE CONTROL OF YOUR PATRONS. IT IS YOUR RESPONSIBILITY. IT IS NOT OURS. YOU ARE GIVEN A LICENSE AND A PRIVILEGE. IT IS A PRIVILEGE TO HAVE A LIQUOR LICENSE, TOO FAR CITY OF TAMPA PERMIT LICENSE TO OPEN A BUSINESS, IT IS A PRIVILEGE. THIS COUNCIL WILL BE LOOKING AT SOME OTHER ASPECTS THAT DEAL WITH PERMITS AS WELL, BECAUSE WE NEED TO SEND A MESSAGE THAT WE HAVE TO BE GOOD BUSINESS OWNERS, BECAUSE WE WANT GOOD BUSINESS. SO I THANK YOU FOR YOUR WORK. THANK YOU. >>SIMONE SAVINO: THANK YOU, CHAIR. >>ORLANDO GUDES: ANY COMMENTS BY COUNCIL MEMBERS? ALL RIGHT. MOTION BY MR. MANISCALCO. MR. MIRANDA. ALL IN FAVOR? WE STAND ADJOURNED. (MEETING ADJOURNED).