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[00:00:02]

GOOD MORNING, LADIES AND

[Permit and License Appeal Board on November 2, 2023.]

GENTLEMEN, AND WELCOME TO THE NOVEMBER REGULAR MEETING OF THE PERMIT AND LICENSE APPEAL BOARD FOR THE CITY OF DALLAS.

IT IS 8 45 ON THURSDAY, NOVEMBER 2ND, 2023.

UM, A NOTE FOR EVERYBODY WHO IS PRESENT THAT THE MICS ARE HOT AND THERE'S NO MUTE OR COUGH BUTTON.

SO EVERYTHING YOU SAY WILL BE RECORDED AND TRANSMITTED TO ALL OF THE MANY VIEWERS ON PUBLIC ACCESS TELEVISION TODAY, .

UM, WE DO HAVE ONE HEARING ON TODAY'S AGENDA FOR MOUNTAIN CREEK APARTMENTS, LP APPEALING THE NOTICE OF FINAL DETERMINATION AS A HABITUAL CRIMINAL PROPERTY.

UH, AT THIS TIME, I WILL DO A ROLL CALL AND IF YOU ARE PRESENT, PLEASE SAY HERE, UH, MS. ARIANO.

MS. ALA.

HERE.

MS. WILLIS.

HERE.

MS. TORRES.

HERE.

MR. ILLA.

MR. JEFFS.

MR. HAYES.

HERE.

MR. QUINT.

MS. SHIN HERE.

SO, ABSENT FROM TODAY'S HEARING ARE MS. ANO, MR. UCH, MR. JEFFS AND MR. LIN.

UH, WE DO HAVE A QUORUM PRESENT, BUT, UH, JUST BARELY.

SO REMINDER THAT IF YOU ARE ONLINE, UH, WE DO NEED TO HAVE YOU ON VIDEO, UH, IN ORDER TO MAINTAIN OUR QUORUM.

SO IF ANYBODY NEEDS A BREAK AT ANY TIME, JUST LET ME KNOW AND WE CAN TAKE A RECESS.

WE HAVE A QUORUM PRESENT, AND THE MEETING IS NOW CALLED THE ORDER.

UH, WILL THE OTHERS PRESENT AT TODAY'S HEARING? PLEASE INTRODUCE YOURSELF BEGINNING WITH THE BOARD'S GENERAL COUNSEL.

UH, MY NAME IS MATTHEW S I'M WITH THE CITY ATTORNEY'S OFFICE AND THE CITY SECRETARY'S OFFICE.

ME, SALVA MARTINEZ, DONNA BROWN, NANCY SANCHEZ, AND, UH, THE APPELLANT'S REPRESENTATIVE, UH, JONATHAN GITLIN.

AND YOU HAVE, UH, WITNESSES WITH YOU TODAY, MR. GITLIN? YES.

UH, HEATHER REEDER AND PHILIP BALDERSON, BALDERSON BALDERSON STUN.

ALL RIGHT.

AND CITY ATTORNEY'S OFFICE? YES.

HONORABLE CHAIR.

ALEX HERNANDEZ, ASSISTANT CITY ATTORNEY NAOMI GREEN, ASSISTANT CITY ATTORNEY.

ALRIGHT.

AND YOU HAVE WITNESSES WITH YOU TODAY? UH, YES.

HONORABLE CHAIR.

WE HAVE TWO WITNESSES.

YOU PLEASE INTRODUCE YOURSELVES.

DETECTIVE, UH, SONIA HANGS WITH DALLAS PD MENT AND RALPH HAYES, CITY OF DALLAS CODE WITH COMMUNITY PROSECUTION.

WELCOME ALL OF YOU.

UH, AND OUR FIRST ITEM IS PUBLIC TESTIMONY.

HOWEVER, WE HAVE NO REGISTERED SPEAKERS TO ADDRESS THE BOARD.

ITEM TWO IS APPROVAL OF THE MINUTES.

REVIEW AND APPROVE THE MINUTES FROM THE OCTOBER 5TH MEETING.

UH, IS THERE A MOTION REGARDING THE MEETING MINUTES FOR THE OCTOBER 5TH, 2023 MEETING? ANYBODY MOVE TO APPROVE? I MOVE TO APPROVE THE MINUTES, BUT OCTOBER 5TH, I'LL SECOND THAT MOTION BY MS. SHIN, SECONDED BY MR. HAYES.

UH, ALL IF THERE'S ANY DISCUSSION? NO, NO DISCUSSION.

UH, ALL THOSE IN FAVOR OF THE MOTION TO APPROVE THE MINUTES FROM THE OCTOBER 5TH, 2023 MEETING? SAY, AYE.

AYE.

AYE.

AYE.

OPPOSED SAY, NAYYY MINUTES ARE APPROVED.

ALRIGHT.

THE NEXT ITEM OF BUSINESS IS THE APPEAL REQUEST OF MOUNTAIN CREEK APARTMENTS LP APPEALING A NOTICE OF FINAL DETERMINATION AS A HABITUAL CRIMINAL PROPERTY UNDER SECTION

[00:05:01]

27 DASH 51 OF THE DALLAS CITY CODE.

THE BURDEN OF PROOF FOR THIS HEARING IS ON THE APPELLANT.

AND AT THIS TIME, ANY WITNESSES WHO WISH TO TESTIFY IN THE HEARING, PLEASE RAISE YOUR RIGHT HAND SO THAT YOU MAY BE WARNING BY THE CITY SECRETARY'S OFFICE.

AND ALL OF OUR WITNESSES ARE PRESENT, ARE HERE TODAY, RIGHT? YES.

GREAT.

UH, ALL RIGHT.

DO YOU SOLEMNLY SWEAR THAT TO THE BEST OF YOUR KNOWLEDGE, THE TESTIMONY YOU'LL GIVE BEFORE THIS BOARD TODAY WILL BE THE TRUTH? YES.

YES.

YES.

THANK YOU.

UM, ALL RIGHT.

AND FOR THE RECORD, MR. GITLIN, UH, YES.

HOW MUCH TIME DO YOU THINK YOU NEED TO PRESENT YOUR CASE? I, I WAS INFORMED I'D HAVE ABOUT HALF AN HOUR, SO I, I'VE TRIED TO KEEP IT WITHIN HALF AN HOUR.

ALL RIGHT.

AND MR. HERNANDEZ, HOW MUCH WE NEED? UH, HALF AN HOUR.

HALF AN HOUR.

ALL RIGHT.

WE'LL GIVE, GIVE 30 MINUTES PER SIDE.

ALL RIGHT.

AND I HAVE ONE EXHIBIT, UH, FOR THE CITY AND ONE EXHIBIT FOR THE APPELLANT.

IS THAT CORRECT? WELL, THERE'S THE, THE PDF SHOULD HAVE MULTIPLE EXHIBITS IN IT, BUT THAT IS CORRECT.

YEAH.

THERE'S A SINGLE PDF WITH, UH, A BUNCH OF TABS, RIGHT? YES.

OKAY.

UM, AND Y YES, YOUR HONOR, AT LEAST I BELIEVE 10, 10 EXHIBITS WITHIN ONE PDF.

AND, UM, JUST FOR EVERYONE'S CONVENIENCE ON THE LEFT SIDE, IF YOU'RE USING A LAPTOP, I DON'T KNOW HOW TO DO IT ON THE TABLET, BUT, UH, YOU CAN CLICK ON THE BOOKMARKS TO GET TO WHERE YOU WANT TO GO.

ALL RIGHT.

WE ABOVE THAT.

UM, OKAY.

THOSE HAVE BEEN ACCEPTED INTO EVIDENCE.

UH, MR. SAPP, WOULD YOU PLEASE READ THE RELEVANT ORDINANCE? THANK YOU.

CHAIRMAN.

UH, SECTION 27 48 OF THE CITY CODE PROVIDES THAT A PROPERTY IS PRESUMED A HABITUAL CRIMINAL PROPERTY OF THE PROPERTY IS THE SITE OF FIVE OR MORE AVAILABLE CRIMINAL ACTIVITIES WITHIN 365 DAYS, RESULTING IN EITHER A REPORT OF A LAW ENFORCEMENT AGENCY DOCUMENTING AN INVESTIGATION IF AN EVA CRIMINAL ACTIVITY ON THE PROPERTY OR ENFORCEMENT ACTION AGAINST ANY PERSON ASSOCIATED WITH THE AVAILABLE CRIMINAL ACTIVITY ON THE PROPERTY, AND AT WHICH PERSONS HAVE HISTORICALLY COMMITTED AVAILABLE CRIMINAL ACTIVITIES ACCORDING TO RECENT CRIME DATA.

THANK YOU.

UM, ALL RIGHT.

WE'LL, NOW, UH, TURN TO OPENING STATEMENTS.

UH, MR. GILLING, WOULD YOU LIKE TO BEGIN WITH, UH, LET'S SAY FIVE MINUTES FOR AN OPENING STATEMENT? FIVE MINUTES IS FINE.

THANK YOU.

UH, HONORABLE MEMBERS OF THE BOARD AND MR. CHAIR.

MY CLIENT OWNS AND OPERATES AN APARTMENT COMPLEX IN SOUTH DALLAS, AND BEFORE THE BOARD.

TODAY IS MY CLIENT'S APPEAL OF DPDS DESIGNATION OF ITS PROPERTY AS A HABITUAL CRIMINAL PROPERTY, OR HCP.

THE, THE FACTS OF THIS CASE DO NOT APPEAR TO BE IN DISPUTE.

RATHER, THE CURRENT DISPUTE APPEARS TO BOIL DOWN TO THE ISSUE OF WHETHER THE NUMEROUS STEPS THAT MY CLIENT HAS TAKEN CAN BE CONSIDERED, CONSIDERED TO BE REASONABLE STEPS TO ADDRESS INCIDENTS ON THE SUBJECT PROPERTY, THUS REBUTTING THE PRESUMPTION.

YOU WILL HEAR EVIDENCE TODAY FROM MY CLIENT'S REPRESENTATIVES, WHICH WILL COVER AMONG OTHER THINGS THE NUMEROUS STEPS THAT MY CLIENT HAS TAKEN IN RESPONSE TO CONCERNS BY THE DPD, INCLUDING IMPLEMENTING AN AROUND THE CLOCK, 24 HOUR FOUR MAN SECURITY TEAM ON THE PROPERTY, ADDING, ADDING NUMEROUS SURVEILLANCE CAMERAS TO BLANKET THE PROPERTY AND HAVING THEM MONITORED BOTH BY SECURITY AS WELL AS GIVING DPD FULL ACCESS, ADDING LIGHTING ALL OVER THE PROPERTY, GATING THE PROPERTY SO THAT ONLY AUTHORIZED PERSONS AND VEHICLES, VEHICLES CAN ENTER THE PROPERTY, REQUIRING ALL CARS PARKED ON THE PROPERTY TO HAVE A PROPER PARKING TAG TO BE ON THE PROPERTY, ENFORCING ALL OF THE FOREGOING VIA SECURITY CHECKS AND A TOWING COMPANY, ADDING A LICENSE PLATE CAMERA TO THE ENTRANCES SO THAT ANY VEHICLES THAT ARE STOLEN, UH, OR ARE NOT ALLOWED, ARE AUTOMATICALLY FLAGGED.

PERFORMING BACKGROUND CHECKS ON TENANTS AND ENSURING THAT PERSONS ON THE PROPERTY ARE ENFORCED, UH, SORRY, PERSONS ON THE PROPERTY.

ARE THE PERSONS ON THE LEASE, UH, ENFORCING NON-MONETARY DEFAULTS ON LEASES VIA EVICTIONS TO REMOVE ANY CRIMINAL ACTIVITY ON THE PROPERTY, AND IMPLEMENTING A LOGGING SYSTEM TO CONTROL ACCESS TO THE PROPERTY.

SO, AMONG OTHER THINGS, BUT THOSE, I'M TRYING TO JUST HIT THE HIGH POINTS.

YOU WILL HEAR EVIDENCE THAT VIRTUALLY EVERYTHING THAT DPD HAS ASKED FOR MY CLIENT HAS IMPLEMENTED.

UM, YOU, AND YOU WILL HEAR THAT.

IN FACT, IT APPEARS THAT THE ONLY STEP THAT MY CLIENT HAS NOT TAKEN IS TO ADD, INSTEAD OF A FOUR MAN AROUND THE, UH, CLOCK, AROUND THE CLOCK SECURITY TEAM, ADD AN EIGHT MAN AROUND THE CLOCK SECURITY TEAM.

[00:10:01]

BUT THE REASON WE HAVEN'T ADDED THAT IS BECAUSE IT'S NOT FINANCIALLY FEASIBLE THAT WOULD ADD ANOTHER $50,000 A MONTH TO OUR, TO COST TO US TO DO THAT, WHICH IS, THAT WOULD BUST OUR BUDGET.

WE CAN'T AFFORD IT.

AND ON TOP OF THAT, IT'S NOT NEEDED.

UH, AS THE EVIDENCE WILL SHOW, UH, THE, THE MEASURES THAT WE'VE TAKEN, UM, HAVE SUBSTANTIALLY IMPACTED THE, THE PROPERTY AND THE CRIMINAL REPORTS HAVE DROPPED PRECIPITOUSLY, AND THE MEASURES THAT MY CLIENT HAS IMPLEMENTED ARE WORKING, UH, WE LOOK FORWARD TO PUTTING ON OUR EVIDENCE AND REQUEST AT THIS END OF THIS HEARING THAT YOU OVERTURN THE DPDS HCP DESIGNATION.

THANK YOU.

THANK YOU.

UH, MR. HERNANDEZ, DO YOU WANT TO, UH, BEGIN WITH A BRIEF OPENING? UH, YES.

ON BOARD MEMBERS, LET'S SAY YOU HAVE A CHILD AND YOU'RE THE PARENT OF THIS CHILD, THEY'RE YOUR RESPONSIBILITY.

YOU WATCH OVER THEM, FEED THEM, EDUCATE THEM, AND TRUST THEM WITH THEIR SAFETY AND WELFARE.

BUT THEY'RE STILL YOUNG.

YOU HAVE THE BABY MONITOR AND THEY'RE IN THE CRIB.

YOU DECIDE TO GO TO THE BAR, THE OR CORNER STORE, PERHAPS GROCERY SHOPPING WHILE THEY'RE IN THE CRIB AND SIMPLY WATCH THE BABY MONITOR.

AND WHAT IF YOU HIRE A BABYSITTER OR SOMEONE TO WATCH OVER THE BABY, BUT THEY'RE SIMPLY ON THEIR PHONE, NOT PARTICULARLY INVOLVED OR EFFECTIVE AT WATCHING THE BABY.

THEN THE BABY GETS OUTTA THE CRIB AND GETS INTO SOME TROUBLE.

YOU CALL THE POLICE ASKING FOR HELP TO GET THE BABY OUTTA TROUBLE.

WELL, THEY GO AND THEY HELP THE BABY OUT, AND THEY ANALYZE THE SITUATION.

THEN THEY COME LOOKING TO YOU AND ASK YOU, HEY, WHAT'S THE DEAL? WHY AREN'T YOU HOME MINDING YOUR BUSINESS, WATCHING OVER YOUR KID? IS IT MORE REASONABLE TO EXPECT THAT YOU WATCH THE BABY THROUGH THE MONITOR WHILE YOU'RE AT HOME? OR IS IT MORE REASONABLE TO BE OUT AND ABOUT AND MAYBE EVEN HIRE PEOPLE THAT AREN'T PARTICULARLY EFFECTIVE IN INTERVENING WHEN YOUR CHILD GETS INTO TROUBLE AND CALLS FOR POLICE INTERVENTION WHILE YOU'RE OUT AND ABOUT, BUT WATCHING THE MONITOR, AND WHEN, IF YOU GET MON FOR THE FIRST TIME, IT FEELS A LITTLE SILLY, BUT THERE'S A SIGNIFICANT ISSUE, AND YOU, YOU INITIALLY ADDRESS IT, BUT IT'S A COUPLE YEARS LATER, LATER, AND PERHAPS THEY'RE NOT INFANT ANYMORE, BUT THERE'S STILL A TODDLER AND THEY STILL GET INTO TROUBLE.

WHAT THEN IS IT OKAY TO KEEP DOING THE SAME THING AND SIMPLY WATCHING THE MONITOR AND ASKING OTHERS TO INTERVENE ON YOUR BEHALF EVEN THOUGH THE BEHAVIOR KEEPS PERSISTING? AND THAT'S PRECISELY WHY WE'RE HERE TODAY.

UH, REGARDING THE PROPERTY OF MOUNTAIN CREEK APARTMENTS, THEY SAW THAT THE CRIME WAS A PROBLEM.

THE CITY TOLD THEM ABOUT IT.

THEY TALKED WITH THE CITY AND POLICE ABOUT IT, BUT THEY PROMISED PLENTY OF SECURITY AND ULTIMATELY AGREED TO APPROXIMATELY THREE OR FOUR, UH, AND THE AGREED PERMANENT INJUNCTION.

THEY ALSO INSTALLED CAMERAS, AND THEY BEGAN TO ADDRESS THE PROBLEM.

FOR A SHORT PERIOD OF TIME, THINGS GOT BETTER, BUT THEN THEY FELL BACK INTO OLD HABITS, AND EVENTUALLY THE CITY HAD TO LET THEM KNOW AGAIN, THAT PRIME IS A PROBLEM, AND THAT KEEPS ESCALATING.

SO THE PROBLEM CONTINUED AS A RESULT.

WHERE WAS ACTIVE MANAGEMENT? THE PRI THE PRIME CONTINUED ENSURE THEY HIRED SECURITY AND THEY HAVE A PROPERTY MANAGEMENT COMPANY.

BUT HOW'S THAT WORKING OUT FOR THEM? HAS IT KEPT THE TODDLER AWAY FROM THE ELECTRICAL SOCKET? I'M NOT ANTI BABYSITTER, BUT I THINK YOU ALL GET THE POINT.

THE ANALOGY IN TEXAS HAS DETERMINED THAT CRIME IS TOO BIG OF AN ISSUE TO SIMPLY ADDRESS SOLELY BY POLICING AGENCIES.

AND THAT'S WHY CHAPTER 1 25 WAS ENACTED.

AND THAT'S WHY THE CITY ORDINANCE AND THE CITY OF DALLAS ALSO EXISTS BECAUSE IT HAS A SIMILAR PROVISION REQUIRING JUST THAT A SIGN AND A FEE IN HOPES OF ENCOURAGING PROPERTY OWNERS TO TAKE RESPONSIBILITY TO TAKE ACTION AND TAKE REASONABLE STEPS TO DECREASE CRIME, TO IMPROVE AND PROTECT THEIR OWN ASSET.

AND REMEMBER, THIS ISN'T PERMANENT.

IF THEY REDUCE THE CRIME TO REASONABLE LEVEL, THESE THINGS CAN GO AWAY.

SO NOW HERE WE ARE, AFTER MEETING WITH THEM A SECOND TIME, THEY'VE TAKEN SOME STEPS, BUT IT'S SIMPLY TOO LITTLE, TOO LATE.

YOU HAVE THE HISTORY OF CRIME, OF THE LATEST STATISTICS AS WELL AS ITS REPUTATION.

AND SURELY, MOST DEFINITELY, YOU HAVE MORE THAN FIVE AVAILABLES HERE WITHIN A GIVEN YEAR FROM THE DATE THAT LETTER WAS SENT.

THOSE MEASURES CANNOT BE COUNTED TOWARDS THE REASONABLE STEPS THAT THEY SHOULD HAVE TAKEN PRIOR TO THE SECOND HCP LETTER THAT THEY'RE NOW APPEALING.

REMEMBER, ONCE THAT LETTER IS SENT, THE OWNERS CAN ONLY REBUT PRESUMPTIONS THAT THEY KNOWINGLY TOLERATED AB AAT CRIME BY PROVIDING EVIDENCE THAT THEY TOOK THE REASONABLE STEPS.

THE RESIDENCE OF THE CITY OF DALLAS WANTED SOMETHING DONE, AND THAT'S EXACTLY WHY WE'RE HERE.

UH, BUT THE CITY WOULD JUST SIMPLY ASK YOU TO REMAIN FOCUSED ON THE KEY ISSUES AND LOOK AT THE NUMBER OF AVAILABLES, LOOK AT THE HISTORY OF THIS PROPERTY, LOOK AT THE FACT THAT THIS ISN'T THEIR FIRST RODEO.

UM, THIS IS THE SECOND HCP BOARD MEETING THAT THEY'VE

[00:15:01]

HAD SINCE THEY'VE OWNED THE PROPERTY IN APPROXIMATELY 20 18, 20 19.

SO THE CITY REQUESTS THAT YOU REMAIN, UH, WITH THE CHIEF OF POLICE AND AFFIRM THE HCP DESIGNATION.

THANK YOU.

THANK YOU.

ALRIGHT, WE'RE NOW READY TO BEGIN OUR PRESENTATIONS.

UM, MR. LUM, UH, YOU HAVE 30 MINUTES AND FOR CLARIFICATION, THAT INCLUDES THE TIME THAT YOU SPEND TALKING AND EXAMINING YOUR WITNESSES AND EXAMINING THE CITY'S WITNESSES, BUT IT DOESN'T INCLUDE THE TIME THAT THE CITY SPENDS AND YOUR WITNESSES.

THANK YOU.

UH, AT THIS TIME WE CALL HEATHER REEDER.

YES.

ER OKAY.

UH, WOULD YOU STATE YOUR NAME? YES.

HEATHER REER.

AND WHAT IS YOUR CONNECTION TO THE PROPERTY? I'M THE REGIONAL PROPERTY MANAGER.

ALRIGHT.

AND THEN BRIEFLY, WHAT RESPONSIBILITIES DOES YOUR POSITION INCLUDE? IT INCLUDES OVERSEEING ALL OF THE STAFF, RESIDENTS, EVERYTHING FROM THE TIME SOMEBODY STEPS FOOT ON THE PROPERTY, OVERSEEING EVERYTHING.

OKAY.

AND THEN YOU HAVE A PHYSICAL PRESENCE ON THE PROPERTY, IS THAT CORRECT? I, I DO.

I YOU WALK THE PROPERTY? YES.

OKAY.

ALRIGHT.

AND THEN, UH, WHAT, WHAT, JUST BRIEFLY TELL US, DESCRIBE THE PROPERTY.

WHAT IS IT? UM, IT'S A 304 UNIT WITH 21 BUILDINGS, UH, APARTMENT COMMUNITY.

OKAY.

TWO STORY BUILDINGS.

AND WHERE'S THE PROPERTY LOCATED? IT'S AT 58 21 BONNIE B ROAD.

OKAY.

AND THAT'S KIND OF SOUTH CENTRAL ISH DE YES.

IS THAT RIGHT? ALRIGHT.

AND THEN WHEN DID, WHEN DID, UH, THE CURRENT OWNER TAKE OWNERSHIP IN 2018? I BELIEVE IT WAS AUGUST, 2018.

OKAY.

ALRIGHT.

AND THEN JUST BRIEFLY, WHEN YOU TOOK OWNERSHIP, UM, WAS THE PROPERTY WOULD, WOULD YOU SAY THE PROPERTY WAS IN BETTER CONDITION OR WORSE CONDITION THAN THAT? I HONESTLY WASN'T HERE WHEN WE TOOK OWNERSHIP.

I CAME ON BOARD IN MAY OF LAST YEAR.

THAT'S FINE.

I CAN HAVE MR. BALDERSON DISCUSS THAT.

UH, OKAY.

SO LET'S TAKE A LOOK AT OUR EXHIBIT 14, WHICH IS GOING TO BE ON PAGE, UH, 41 OF OUR EXHIBIT.

PDF.

YES, SIR.

ALL RIGHT.

AND THIS IS THE AGREED PERMANENT INJUNCTION AND FINAL JUDGMENT THAT, UH, WE ENTERED INTO WITH THE CITY OF DALLAS BACK IN, UH, IT LOOKS LIKE 2020 TOWARDS THE END OF 2020.

IS THAT CORRECT? THAT'S THE DATE ON THERE, YES, SIR.

OKAY.

ALL RIGHT.

AND THEN THIS WAS NOT A FINDING, AND I'LL HAVE MR. BALDMAN SPEAK TO THIS A LITTLE BIT MORE 'CAUSE HE, HE'S MORE FAMILIAR WITH THIS.

THIS WAS NOT A FINDING OF, OF THERE WERE NO ADVERSE FINDINGS AGAINST, UH, UH, AGAINST, UH, THE PROPERTY OWNER.

IS THAT CORRECT? FOR THE HISTORY? THAT I KNOW THAT IS CORRECT.

OKAY.

AND THEN WE HAD IMPLEMENTED, THIS WAS AN AGREEMENT TO IMPLEMENT VARIOUS MEASURES AND WE HAD IMPLEMENTED ALL OF THOSE MEASURES, IS THAT RIGHT? IT'S MY UNDERSTANDING, YES, SIR.

OKAY.

ALRIGHT.

UM, UH, PRIOR TO THE INITIAL DESIGNATION, UM, THAT OF THIS YEAR, UH, THE CITY REACHED OUT TO US AT, AT APPROXIMATELY LATE APRIL OF THIS YEAR.

WHAT WAS OUR RESPONSE? WE TOOK IMMEDIATE RESPONSE.

I'M SORRY, MR. DALEN, WE CAME TO HAVE LOST SOME OF OUR VIDEO.

SURE.

I DO HAVE BEEN SHOWING ACTIVE ON MY SCREEN HERE.

OKAY.

UM, IT SHOULD, DO YOU KNOW WHY WE CAN'T SEE 'EM? THE CONNECTIVITY OF THE INTERNET? UM, BUT I'LL WORK ON IT HERE, BUT THEY ARE ON SCREEN.

OKAY.

ALRIGHT.

I'M SORRY.

NO, NO PROBLEM.

I JUST WANNA MAKE SURE THAT WE MAINTAIN OR NO PROBLEM.

UM, OKAY.

UH, AND WHAT WAS OUR RESPONSE WHEN THE CITY REACHED OUT TO US IN APRIL? OUR RESPONSE WAS TO BE PROACTIVE ON E EVERYTHING THAT THEY ASKED FOR.

OKAY.

I BASICALLY CHANGED MY SCHEDULE TO BE ABOUT 90% OF THE TIME IN DALLAS, TEXAS.

OKAY.

AND THEN WE, WE, WE, WE HELD MEETINGS WITH 'EM, WE HAD INTERACTIONS WITH 'EM.

IS THAT A FAIR STATEMENT? THAT IS A FAIR STATEMENT.

OKAY.

AND IN ADDITION TO ME JUST SPEAKING WITH THE CITY ATTORNEY, CAN YOU TELL US SOME OF THE THINGS THAT YOU DID? I HAVE ACTUALLY ATTENDED THE CITY COUNCIL WITH TERRELL ATKINS, THE MEETINGS THERE.

I'VE ALSO ATTENDED THE MEETINGS WITH THE MAJOR.

UM, THEY HAD FOUR MEETINGS I THINK THAT I ATTENDED WHERE THE MAJOR WASN'T, WAS ATTENDING SOMEWHERE BASED ON CRIME.

SOME INVOLVED OTHER APARTMENT COMMUNITIES IN OUR TRIANGLE AREA.

OKAY.

AND THEN LET'S TAKE A LOOK JUST BRIEFLY AT THE CITY'S EXHIBIT THREE, WHICH IS GOING TO BE ON PAGE, THE RELEVANT PAGE OF THEIR PDF WILL BE 66.

UH, THIS IS THE INITIAL DESIGNATION, HCP DESIGNATION.

AND IT IS, IT IS DATED APRIL 27TH, 2023.

SO WE

[00:20:01]

DIDN'T HAVE A LOT OF TIME BETWEEN WHEN THEY REACHED OUT, UH, AND WHEN THEY SENT THE HCP DESIGNATION.

IS THAT CORRECT? THAT IS CORRECT.

IT WAS A MATTER OF A COUPLE OF WEEKS.

OKAY.

IN FACT, I WENT BACK AND LOOKED AT MY EMAILS AND IT LOOKS LIKE THE FIRST TIME, THE FIRST EMAIL I HAD FROM THE CITY REGARDING THIS WAS APRIL 21ST.

SO, UH, FOR MY DATES IT LOOKS LIKE IT WAS APPROXIMATELY A WEEK.

CORRECT.

OKAY.

WAS VERY QUICK.

OKAY.

ALL RIGHT.

UM, ALL RIGHT.

LET'S TAKE A LOOK AT CITY'S EXHIBIT FOUR.

UH, AND THE RELEVANT PAGE ON THE PDF IS GOING TO BE PAGE 84.

UM, WE HAD, AS IT SAYS ON HERE, WE HAD A MEETING, UM, WITH THE CITY ON MAY 9TH.

UH, DO YOU, WERE YOU AT ATTENDANCE AT THAT MEETING? I WAS IN ATTENDANCE.

IT WAS YOU AND ME, IS THAT CORRECT? YES, SIR.

UH, AND, AND OUR HEAD OF SECURITY.

OKAY.

AND THEN BRIEFLY TELL US, JUST 'CAUSE WE'RE ON A TIME, UH, WE'RE ON A CLOCK, TELL US, UH, BRIEFLY WHAT WE COVERED AND WHAT WE COMMITTED TO AT THAT MEETING.

WE COVERED BASICALLY THE JULY 4TH HOLIDAY UPCOMING HOLIDAY, AND THE, THAT WAS THE MAIN TOPIC OKAY.

OF THE MEETING.

WE COMMITTED TO HAVING THE, A TOTAL OF EIGHT PERSONNEL FOR SECURITY AND A MINIMUM OF TWO OFF-DUTY POLICE OFFICERS, WHICH I WAS ABLE TO HIRE TWO FOR JULY 4TH.

FOR JULY 4TH WEEKEND.

OKAY.

AND THEN, BUT, AND FOR A BROADER RIGHT.

WE COMMITTED TO FOUR OFFICERS 24 HOURS A DAY.

OKAY.

WITH THREE OF THEM AT THE GATES AND ONE ROAMING.

OKAY.

ALRIGHT.

AND THEN LET'S TALK ABOUT, UH, LET'S TALK ABOUT SOME OF THE STEPS THAT WE'VE TAKEN TO, UH, PROACTIVELY ADDRESS, ADDRESS DPDS ISSUES.

UM, DO WE HAVE A SECURITY TEAM ON THE PROPERTY? YES, WE DO.

AND THEN BRIEFLY DESCRIBE THAT FOR US.

WE HAVE A SECURITY TEAM THAT CONSISTS OF FOUR INDIVIDUALS.

UM, IF THEY VARY BETWEEN RETIRED POLICE OFFICERS, UM, THERE'S EVEN ACT ACTIVE POLICE OFFICERS FROM OTHER DISTRICTS AS IN MESQUITE.

UM, I BELIEVE THERE'S ONE FROM MESQUITE AND ONE FROM GARLAND.

OKAY.

AND IT'S NOT JUST FOR, IT'S FOR ONSITE AT ALL TIMES.

ALL TIMES 24 HOURS A DAY, THERE'S A ROTATING SHIFT.

THEY WORK 12 HOUR SHIFTS.

OKAY.

ALONG WITH THAT, WE ALSO HAVE OUR STEALTH SECURITY MONITORING EVERY CAMERA 24 HOURS A DAY.

OKAY.

AND THEN BRIEFLY DESCRIBE FOR US, UH, WHAT THE SECURITY TEAM, AND WE'LL GET TO THE, THE SECURITY CAMERAS IN JUST A MOMENT.

BRIEFLY DESCRIBE FOR US WHAT THE, THE, THE SECURITY TEAM DOES.

DO THEY PATROL, DO THE GATE HOUSES, GATES? THEY DO BOTH.

OKAY.

UM, THERE'S ONE PERSON ON PATROL AT ALL TIMES.

OKAY.

UM, GENERALLY THEY CAN DRIVE A GOLF CART OR THEY'RE WALKING.

OKAY.

THEY CHECK, UH, ANY AND ALL VACANT UNITS.

OKAY.

THEY CHECK ON OCCUPIED UNITS, MAKE SURE NOBODY'S LOITERING.

WE HAVE IMPLEMENTED THE CURFEW OF 7:00 PM OKAY.

SO SEVEN TO SEVEN IS THE ONLY TIME THAT ANYBODY'S TECHNICALLY ALLOWED TO BE OUT LOITERING ON THE PROPERTY AT ANY WAY.

ALRIGHT.

AND DO THEY HAVE RENT ROLLS AND DO THEY KNOW THE RESIDENCE? ALRIGHT.

THEY HAVE RENT ROLLS.

UM, THEY HAVE A RENT ROLL WITH OCCUPANCY LIST SO THAT THEY CAN IDENTIFY IF SOMEBODY'S WALKING IN, IF IT'S AN OCCUPANT, A A LEASEHOLDER OCCUPANT.

WE ALSO HAVE, UM, IMPLEMENTED PARKING PERMITS.

WE HAVE A BLUE PARKING PERMIT FOR RESIDENTS AND AN ORANGE PARKING PERMIT FOR GUESTS OR VISITORS.

THEY ARE LOGGED IN WITH THEIR DRIVER'S LICENSE NUMBER, THEIR LICENSE PLATE NUMBER, WHO THEY'RE VISITING.

THEY HAVE EXPIRATION DATE.

AND AFTER THE OFFICE, WELL, HOLD ON.

SO WE, WERE GONNA GET TO THIS LATER, BUT SINCE WE'RE TALKING ABOUT IT, LET'S GO AHEAD AND ADDRESS IT NOW.

IF, UH, LET'S TAKE A LOOK AT OUR EXHIBIT, THE PROPERTY OWNER'S EXHIBIT NINE.

OKAY.

THE, THE BLOCKED OUT PAGES.

YEAH.

SO THEN THAT'S GONNA BE ON PAGE 26.

START ON PAGE 26 OF OUR EXHIBIT OF OUR PDF.

UM, I KNOW A LOT OF THIS IS BLACKED OUT.

WHY DID WE BLACK IT OUT? UH, BECAUSE IT HAS THEIR PERSONAL INFORMATION, THEIR LICENSE PLATES, THEIR FULL NAMES, THEIR DRIVER'S LICENSE INFORMATION, ALL KINDS OF GOOD STUFF.

SO FOR EXAMPLE, SO EXHIBIT NINE IS OUR SECURITY LOG.

IT'S DATE, MAKE OF THE VEHICLE TAG NUMBER, APARTMENT NUMBER SIGNATURE.

THESE ARE, THESE ARE, ARE, ARE, UH, PEOPLE COMING IN AND OUT.

IS THAT CORRECT? THAT IS CORRECT.

AND EVERY DAY THERE'S A LOG AT THE OFFICE AND A LOG AT THE GUARD CHECK.

ALRIGHT.

LET'S TAKE A LOOK AT OUR EXHIBIT 10.

UH, THIS, THAT'S GONNA START ON PAGE 27 OF OUR PDF.

AND THESE ARE, UH, 10.

AND, AND I WON'T SPEND TOO MUCH TIME ON THIS BECAUSE WE, WE'VE GOT OTHER THINGS TO COVER, BUT 10, UH, EXHIBIT NINE, 10, AND 11, THESE ARE THE LOGS THAT ARE MAINTAINED.

AND UNDERNEATH THESE, THERE'S, THERE'S WRITTEN ENTRIES THAT ARE DONE BY EITHER THE SECURITY, UH, THE SECURITY OR, UH, MANAGEMENT.

IS THAT A FAIR CASE? CORRECT.

YES.

ALRIGHT.

ALRIGHT.

AND, AND AS WE CAN SEE, THEY, THEY'VE GOT SIGNIFICANT INFORMATION LIKE THE APARTMENT NUMBER THEY'RE VISITING THE NAME OF THE RESIDENT, VISITING THE MAKE THE VEHICLE, MAKE VEHICLE MODEL TAG NUMBER, CHECK AND DATE, CHECK IN TIME, CHECKOUT DATE, SIGNATURE, ET CETERA, ET CETERA.

IS THAT A FAIR STATEMENT? CORRECT.

AND WE'VE EVEN GONE ONE STEP

[00:25:01]

FURTHER THAN WHEN THE OFFICE IS CLOSED AND THERE'S SOMETHING THAT CAN'T BE VERIFIED.

THE RESIDENT THAT THEY'RE VISITING HAS TO COME UP TO THE, TO THE GUARD SHACK OR TO THE MAIN GATE AND ACTUALLY PRESENT THEIR INFORMATION IN ORDER FOR THEM TO BE ISSUED A VISITOR PASS.

OKAY.

ALRIGHT.

LET'S TAKE A LOOK AT EXHIBIT R, EXHIBIT FOUR, WHICH IS GONNA START ON PAGE 14 OF OUR PDF.

UM, WOULD YOU TELL US WHAT THESE ARE? THESE ARE NOTICES TO VACATE FOR LEASE VIOLATIONS.

OKAY.

EVICTION LEASE.

AND THE ONES WE, THESE AREN'T ALL THE EVICTION, THESE ARE EVICTION NOTES.

IS THAT A FAIR STATEMENT? THEY ARE EVICTION NOTICES RIGHT BEFORE WE START THE LEGAL EVICTION WITH OUR ATTORNEY.

OKAY.

AND THESE AREN'T ALL, THESE AREN'T ALL THE, THE EVICTION NOTICES WE'VE GIVEN, THESE ARE JUST A SAMPLING OF IT, IS THAT RIGHT? THERE'S A SAMPLING.

THERE IS APPROXIMATELY OVER 150 THAT WE'VE GIVEN OUT SINCE JUNE.

OKAY.

AND THEN THE, THE ONES WE'VE INCLUDED HERE ARE A SAMPLING OF NON-MONETARY EVICTION.

CORRECT.

IN OTHER WORDS, IT'S NOT, WE'RE NOT EVICTING THEM BECAUSE THEY'RE NOT PAYING THEIR RENT.

WE'RE EVICTING THEM.

FOR EXAMPLE, FOR, UM, UH, PICTURES ON THE VERY FIRST, I'LL JUST TAKE THE VERY FIRST PAGE DOOR WAS LEFT UNSECURED AND WIDE OPEN REPORTS AND PICTURES OF ILLEGAL DRUG EVIDENCE WAS SHOWN.

IS THAT CORRECT? AND, AND THE REPORTS AND PICTURES ARE, ARE SECURITY TAKEN THOSE PICTURES.

OKAY.

OKAY.

UH, UH, THE, AND ON THE BACK OF THE FIRST PAGE, THE OCCUPANT VISITOR OF, UH, WAS CAUGHT BREAKING INTO A VACANT APARTMENT.

SO THESE ARE EVICTIONS THAT ARE DONE.

WE ARE ENFORCING NON-MONETARY POLICE VIOLATIONS.

CORRECT.

ALRIGHT.

UH, EVERYTHING FROM A, A DOG ATTACKING SOMEONE OR BEING AGGRESSIVE TOWARDS SOMEONE TO NOISE VIOLATIONS.

OKAY.

AND WOULD IT BE A FAIR STATEMENT TO SAY THAT, THAT THE, THE, THE THRUST OF ALL OF THIS IS TO CREATE A SAFER ENVIRONMENT? THAT IS THE ENTIRE REASON.

OKAY.

ALRIGHT.

FAIR ENOUGH.

UM, LET'S TAKE A LOOK AT OUR EXHIBIT FIVE, WHICH IS GONNA BE ON PAGE 22 OF THE PDF.

UH, OUR PDF.

WE MAY HAVE TO ZOOM OUT A LITTLE BIT.

IF WE'RE LOOKING AT THE PDF, WOULD YOU TELL US WHAT THIS MAP IS? THIS IS THE STEALTH CAMERA MAP FOR THE CAMERAS AT MOUNTAIN CREEK.

AND SINCE THIS MAP, I HAVE ADDED THREE ADDITIONAL CAMERAS PER OUR NPO OFFICERS REQUEST OF SOME AREAS THAT FELT LIKE THEY WEREN'T GETTING ENOUGH COVERAGE.

OKAY.

AND SO LET'S, SO THE NUMBERS ON HERE ARE THE CAMERAS, IS THAT A FAIR STATEMENT? THE NUMBERS THAT ARE IN THE SQUARES ARE THE BUILDING NUMBERS.

OKAY.

THE ROUND NUMBERS ARE THE CAMERAS.

OKAY.

AND THEN LET ME ASK YOU THIS.

WHO HAS ACCESS? OR, OR WELL, LET ME FIRST, LET ME ASK WHAT WE, IT LOOKS LIKE WE'VE BLANKETED THE PROPERTY AND CAMERAS.

CORRECT.

OKAY.

AND THEN WHO IS MONITORING THESE CAMERAS? WE HAVE A 24 HOUR MONITORING COMPANY CALLED STEALTH MONITORING.

OKAY.

THAT WILL IDENTIFY, IF THEY SEND OVER A REPORT, THEY'LL IDENTIFY ANY ACTIVITY, EVEN SUSPICIOUS ACTIVITY AS FAR AS SOMEONE DUMPING GARBAGE OR ANYTHING TO THE PROPERTY.

THEY WILL NOTIFY THE AUTHORITIES, WHETHER IT BE 9 1 1 FOR MEDICAL ASSISTANCE OR POLICE ASSISTANCE, THEY CONTACT SECURITY.

OKAY.

THEY ALSO CONTACT MYSELF, UM, THEY'LL CALL ME DIRECTLY ON MY CELL PHONE AND THEY SEND US OVER AN EMAIL THAT GETS SENT TO COMPANYWIDE TO MAKE EVERYBODY AWARE OF ANY OF THE CALLS, ANY EMERGENCY, UM, PERSONNEL ON SITE OF ANY KIND.

OKAY.

ANYTHING LIKE THAT.

SO I KNOW IF AN AMBULANCE COMES IN.

OKAY, GREAT.

SO IT, ALL RIGHT.

SO, AND THEN LET'S LOOK AT IT.

UH, OUR EXHIBIT SIX, WHICH IS GOING TO BE ON PAGE 23 OF OUR PDF.

HOLD ON.

I HAD TO ZOOM BACK IN .

OKAY.

ALRIGHT.

UM, CAN YOU TELL US WHAT THIS, THIS EXHIBIT IS? THESE ARE SOME OF THE POLICE OFFICERS OR DETECTIVES THAT HAVE REQUESTED ACCESS TO THE CAMERA SYSTEM.

OKAY.

THEY'VE BEEN GIVEN FULL ACCESS TO OUR CAMERA MONITORING SYSTEM.

RIGHT.

AND THIS IS THE EMAIL WHERE WE'RE REQUESTING ACCESS BE GIVEN TO THE DPD SO THAT THEY CAN MONITOR THE CAMERA SYSTEM AS WELL.

IS THAT A FAIR STATEMENT? THAT IS CORRECT.

ALRIGHT.

AND WE DID THAT THROUGH OUR MPO OFFICER'S, OFFICER DUGAS AND OFFICER ROLLINS.

OKAY.

LET'S TAKE A LOOK AT OUR EXHIBIT SEVEN.

IT'S JUST GONNA BE ON PAGE 24 OF OUR PDF, THE FLOCK CAMERAS.

OKAY.

THIS, THIS LOOKS LIKE A DIFFERENT SET OF CAMERAS.

WOULD YOU TELL US WHAT THIS IS AND HOW ARE THEY DIFFERENT AND WHY DO WE HAVE 'EM FURTHER REQUEST OF THE MAJOR, MAJOR NELSON WE REQUESTED, UH, WE WERE REQUESTED TO GET THE FLOCK CAMERAS AT THE GATE ACCESS.

WHAT ARE FLOCK CAMERAS? THEY'RE A DESIGN AND A STYLE OF CAMERA THAT ACTUALLY READS LICENSE PLATES.

IT TAKES THREE TO FOUR ACTUAL SHOTS OF EACH VEHICLE COMING THROUGH AT DIFFERENT ANGLES.

SO YOU GET A FULL VISION.

IT'S ALSO SCANS THE LICENSE PLATES TO MAKE SURE THAT THEY MATCH THE VEHICLE THAT THEY'RE ON AND THEY REPORT ANY STOLEN VEHICLES.

OKAY.

SO, SO IT'S AN ACTIVE MONITORING SYSTEM? CORRECT.

WHETHER ANYBODY, ANY, WHETHER ANYONE IS PHYSICALLY STANDING THERE.

IT, IT SCANS THE CAMERA,

[00:30:01]

IT SCANS THE LICENSE PLATE.

AND IF SOMEONE'S GOT LIKE A STOLEN CAR OR IT'S, OR A WARRANT.

OR A WARRANT YES.

WARRANT IT AUTOMATICALLY FLAGS IT TO THE REGISTERED OWNER.

IT DOES, YES.

OKAY.

ALRIGHT.

LET'S TAKE A LOOK AT OUR EXHIBIT EIGHT WOULD, AND THAT'S GONNA BE ON PAGE 25 OF OUR PDF.

UM, WOULD YOU TELL US WHAT THIS IS? THIS IS OUR TOWING AGREEMENT WITH M AND M TOWING AND WE EVEN TOOK THIS ONE STEP FURTHER TO BASICALLY, WELL, HOLD ON.

TELL US WHY WE'VE GOT IT AND WHAT THEY DO PURCHASE.

WELL, THEY, THEY DO TOW, WELL THIS IS WHAT, WHAT THEY, WHAT THEY'RE DOING FOR US NOW, BUT THEY COME IN AND TOW ANY VEHICLES THAT DO NOT HAVE THE CORRECT, UM, RESIDENT PERMIT TAG OR THEY HAVE AN EXPIRED VISITOR PERMIT TAG.

OKAY.

ANYTHING LIKE THAT.

ANYBODY THAT'S ON THE PROPERTY THAT HAS AN INOPERABLE VEHICLE, EXPIRED TAGS IN GENERAL RESIDENT OR NOT.

BUT WE'VE ALSO SET IT UP TO WHERE THE M AND M TOWING HAS THEIR OWN ONLINE REGISTRATION OKAY.

THAT THEY CAN DO.

AND WE'VE HAD ALL OF OUR RESIDENTS REGISTER THROUGH THAT TOO.

SO NOW IF WE'RE LOOKING FOR A VEHICLE THROUGH M AND M TOWING YEP.

THEY CAN JUST SIMPLY PUT IN RED CAR AND IT'LL COME RIGHT UP.

AND I THINK WE'VE COVERED THIS, BUT JUST IN CASE I CAN'T REMEMBER, ALL THE RESIDENTS, THEIR VEHICLES HAVE TO HAVE A PARTICULAR IDENTIFICATION TAG ON THEIR VEHICLE.

YES.

IT'S, IT'S ACTUALLY A HANGING PARKING PERMIT.

IT'S BLUE.

IT'S BRIGHT BLUE.

OKAY.

ALRIGHT.

AND IF THEY DO, IF A CAR DOESN'T HAVE ONE, THEN THEY'RE NOT, IT'S TOWED WITHOUT NOTICE.

OKAY.

ALRIGHT.

FAIR ENOUGH.

UH, LET'S TAKE A LOOK NEXT AT OUR EXHIBIT.

WE ACTUALLY ALREADY COVERED OUR EXHIBIT NINE.

OUR EXHIBIT 10.

THESE ARE THE LOGS RIGHT.

FOR RESIDENCE VISITORS.

OKAY.

LET'S TAKE A LOOK AT OUR EXHIBIT 12.

THAT'S GONNA BE START ON PAGE 29 OF OUR PDF.

LET ME ZOOM OUT A LITTLE BIT.

WOULD YOU TELL US WHAT THESE, THEY'RE OBVIOUSLY PICTURES, BUT WILL YOU TELL US WHAT THESE ARE? PIC AND WE'LL GO OVER THEM KIND OF ONE BY ONE, BUT WOULD YOU TELL US WHAT THESE ARE PICTURES OF? THEY'RE PICTURES OF THE ACCESS GATES.

OKAY.

AND PICTURES OF THE CAMERAS THAT ARE INSTALLED THROUGHOUT THE PROPERTIES AND OH, SOME OF THE CAMERAS.

OKAY.

AND THEN WHO TOOK THESE PICTURES? I TOOK THESE PICTURES.

ALL RIGHT.

AND WHEN DID YOU TAKE THEM? OH MY GOSH.

WHAT WAS IT, MAYBE FRIDAY, THURSDAY OR FRIDAY A WEEK AGO.

LAST, LAST WEEK? YEAH.

A WEEK AGO.

SO WITHIN SEVEN DAYS.

YES, SIR.

OKAY.

ALRIGHT.

AND THEN LET'S TAKE A LOOK AT THIS FIRST PICTURE.

WOULD YOU, THIS IS A PICTURE, IT LOOKS LIKE THIS IS A PICTURE OF A GATED ENTRY THAT'S AN EXIT ONLY.

OKAY.

AND THEN, OR A GATED EXIT.

AND THEN, UM, IF WE ZOOM IN, I, I KNOW YOU CAN'T, WE CAN'T SEE IT SUPER WELL IF IT'S ZOOMED OUT, BUT THERE'S SECURITY CAMERAS ON THE ACTUAL, YES.

OKAY.

LET'S TURN TO THE NEXT PAGE.

UH, IT LOOKS LIKE THOSE ARE SECURITY CAMERAS.

LOOKS LIKE THIS IS A BETTER ZOOMED IN VERSION OF THE SECURITY CAMERAS.

IS THAT A FAIR STATEMENT? CORRECT.

OKAY.

UH, AND THEN THE NEXT PAGE, MORE SECURITY CAMERA NEXT PAGE.

SECURITY NEXT PAGE.

.

SO LET'S, LET'S JUMP AHEAD A LITTLE BIT TO, UH, LET ME SEE WHAT PAGE THIS IS.

THAT'S ANOTHER EMERGENCY EXIT GATE.

OKAY.

WELL, HOLD ON.

LET ME MAKE SURE WE WE'RE GETTING EVERYONE ON THE SAME PAGE.

OKAY.

I'M ON PAGE 35 OF OUR PDF.

THAT'S A EXIT GATE.

IT'S AN EMERGENCY EXIT ONLY.

OKAY.

SO WE BASICALLY AT MOUNTAIN CREEK, WE HAVE ONE WAY IN AND OUT TO THE MAIN PART OF THE PROPERTY.

OKAY.

AND THEN WE HAVE THE FRONT THREE BUILDINGS WHERE THE OFFICE IS LOCATED.

THAT'S ONE WAY IN, ONE WAY OUT.

OKAY.

ALL RIGHT.

WELL, AND THE NEXT PAGE, UH, OR THE GATED COMMUNITIES, AND IT LOOKS LIKE WE HAVE, IT LOOKS THAT'S SECURITY AND WE HAVE ONE OF OUR SECURITY GUYS IN THERE.

OKAY.

OKAY.

AND THEN, UM, LET'S, LET'S JUST MOVE AHEAD TO THE VERY END.

THAT IS THE FLOCK CAMERA.

WELL HOLD ON THE VERY, THE VERY LAST PICTURE, WHICH IS GONNA BE ON PAGE, UH, 38 OF OUR PDF.

WILL YOU TELL US WHAT THIS, WHAT THIS IS? THAT, THAT IS CALLED THE FLOCK CAMERA.

IT'S SPECIFICALLY THE LICENSE PLATE READER CAMERA.

OKAY.

SO THAT'S ONE OF THE LICENSE PLATE READER PANELS? YES.

AND WE HAVE ONE GOING IN BOTH DIRECTIONS AT THE MAIN GATE WHERE THE GUARD SHACK IS.

OKAY.

SO WE ARE CAPTURING ANY PERSONS THAT DRIVE DOWN HIGHLAND HILL DRIVE, HIGHLAND HILLS DRIVE IN OUR AREA, INCLUDING THE CUL-DE-SAC.

SO WE CATCH ANYBODY GOING IN OR OUT AT THE MAIN GATE.

AND THEN WE HAVE ONE THAT SCANS GOING IN AT THE OFFICE GATE WHERE THE THREE BUILDINGS ARE.

ALRIGHT, LET'S TAKE A LOOK AT OUR EXHIBIT TWO.

UH, AND THAT IS GOING TO BE ON PAGE, UH, WE WANNA LOOK AT PAGE NINE OF OUR, UH, OF THE PDF.

UM, I BELIEVE IT STARTS ON PAGE EIGHT, BUT IT'S, IT'S THE, THE PAGE WE WANNA LOOK AT IS PAGE NINE.

AND THIS IS JUST THE ORDINANCE.

OKAY.

AND I WANNA LOOK AT, UM, 27, 49 B ONE.

AND THESE ARE THE, UM, HOLD ON, LEMME MAKE SURE I'M ON THE RIGHT PLACE.

UH, YEAH, THESE ARE, THESE ARE THE, UM, THE ITEMS THAT WE MAY PRESENT.

UM, SO,

[00:35:01]

UH, STARTING WITH B ONE, UM, HAS THE OWNER TAKEN HA IN, IN YOUR OPINION, HAVE YOU TAKEN, HAS THE PROPERTY, UH, OWNER TAKEN REASONABLE STEPS TO ABATE DEBATABLE CRIMINAL ACTIVITY OR CODE VIOLATIONS INCLUDING, UH, IMPLEMENTING C-P-T-E-D AND WE'VE, WE'VE DISCUSSED C-P-T-E-D AND WHERE, YOU KNOW, LIGHTING CAMERAS, REMOVING BRUSHES THAT OBSTRUCT THINGS.

HAS THE OWNER TAKEN THOSE STEPS? YES, THEY HAVE.

ALL RIGHT.

AND THEN HAS THE IMP UH, HAS THE OWNER IMPLEMENTED MONITORING AND SURVEILLANCE SYSTEMS AT THE PROPERTY? YES, THEY HAVE.

OKAY.

AND WE, WE'VE COVERED THAT, RIGHT? YES.

ALL RIGHT.

SO ARE WE IN COMPLIANCE WITH THE REGULATIONS GOVERNING OUR BUSINESS? YES.

UM, ALRIGHT.

IS, ARE WE ENFORCING LEASE CLAUSES RELATED TO REDUCING AAT CRIMINAL ACTIVITY OF CODE VIOLATION? YES, WE ARE.

IN FACT, WE COVERED THAT, RIGHT? YES.

OKAY.

UM, ARE WE COMMUNICATING WITH THE CHIEF WITH THE DPD? YES.

UH, OKAY.

AND ARE WE COOPERATING? ABSOLUTELY.

ALRIGHT.

UM, AND THEN, UM, ARE WE TAKING PROACTIVE STEPS TO ABATE ANY CODE VIOLATIONS ON THE PROPERTY? YES.

ALRIGHT.

AND THEN, UM, AS FAR AS YOU KNOW, UH, WE'RE IN COMPLIANCE WITH THE STANDARDS, SET OUT THE CODE? WE ARE, WE, WE ARE IN COMPLIANCE.

WE JUST ACTUALLY HAD OUR REINSPECT FOR OUR GRADED INSPECTIONS.

OKAY.

SO THOSE WERE COMPLETED BY, UM, ALICIA FROM CODE ENFORCEMENT YESTERDAY.

OKAY.

AND THEN WHAT EFFECT, AS WE DISCUSSED, WE WERE REACHED, WE WERE CONTACTED IN APRIL.

AND THEN LET'S TAKE A LOOK AT OUR EXHIBIT 13, JUST PAGE 39 OF OUR PDF.

DO YOU HAVE 10 MINUTES REMAINING? OKAY.

THANK YOU.

UM, UH, WHAT HAS BEEN THE EFFECT OF IMPLEMENTING AND, AND THERE WAS SOME LEAD TIME, OBVIOUSLY, RIGHT? WE WERE CONTACTED IN APRIL AND IT TOOK US A LITTLE BIT OF TIME TO RAMP SOME OF THESE THINGS UP.

BUT SINCE WE'VE IMPLEMENTED THESE THINGS, WHAT HAS BEEN THE EFFECT ON ANY, UH, ANY CRIMINAL ACTIVITY ON THE PROPERTY? HAS IT HAD AN EFFECT? OH, IT'S DEFINITELY HAD A, AN EFFECT.

YEAH.

WE'VE HAD A POSITIVE EFFECT WHERE, YOU KNOW, WE WALK AROUND THE PROPERTY NOW WITHOUT SECURITY WITH US.

OKAY.

ALL RIGHT.

AND SO A, THIS I'M LOOKING AT EXHIBIT, AS I SAID, I'M LOOKING AT EXHIBIT 13, WHICH IS PAGE 39.

AND THIS IS, UH, THE LIST OF, OF BEATABLE THAT WERE, WERE COMMUNICATED TO US.

AND IT LOOKS LIKE, YOU KNOW, IN, IN, IN, UH, IN AUGUST WE, OR SORRY, NOT AUGUST IN, UH, IN JUNE WE HAD ONE.

IN JULY WE HAD TWO, BUT THEN IN, IN, IN OCTOBER, SORRY, IN AUGUST WE HAD NONE.

IN SEPTEMBER THERE WAS ONE, BUT THEN WE'LL, WE'LL HAVE MM-HMM.

, YOU TALK ABOUT THAT ONE IN JUST A MOMENT.

AND THEN, UM, IN OCTOBER THERE'S BEEN DONE.

AND SO IF YOU GO BACK AND LOOK AT, AT SOME OF THE DATA BEFORE, I MEAN THERE WERE, FROM THE, FROM THE CITY'S, UM, FROM THE CITY'S EXHIBITS, IT LOOKS LIKE SOME, SOME MONTHS PRIOR THERE'D BEEN THREE, FOUR, MAYBE EVEN FIVE A MONTH.

AND, AND SOME MONTHS NOW WE'VE GOT EVEN ZERO.

IS THAT A FAIR STATEMENT? THAT IS FAIR.

OKAY.

AND THEN LET'S TALK ABOUT THAT ONE IN SEPTEMBER.

UM, THE, THE, I THINK YOU MENTIONED IT EARLIER, THERE WAS A COUPLE OF PEOPLE WHO WERE SHOOTING A TIKTOK VIDEO.

THERE WAS, YEAH.

SOME YOUNG PEOPLE THAT WERE DRESSED UP SHOOTING A TIKTOK VIDEO AND USING GUNS WERE FILLED WITH BLANKS THAT WERE SOUNDING LIKE THEY WERE FIRING GUNS.

UM, SOME OF THE RESIDENTS CONTACTED THE POLICE DEPARTMENT.

OUR SECURITY WENT OVER, CONFISCATED THE INFORMATION, FOUND OUT THEY WERE BLANKS.

OKAY.

UM, SO, AND YOU RESPONDED IMMEDIATELY? WE, WE, WE GAVE THEM 24 HOURS TO VACATE THE PROPERTY.

OKAY.

AND THEY DID VACATE ON THEIR OWN.

OKAY.

ALRIGHT.

AND THEN, UM, YOU HAVE AN AND, AND I, WE HAVE ONLY A LITTLE BIT OF TIME, SO I WANNA SPEED THIS UP.

SORRY.

UM, WHAT IS AN, TELL US WHAT AN MPO OFFICER IS.

THEY'RE OUR NEIGHBORHOOD PATROL OFFICER, I BELIEVE IS WHAT IT STANDS FOR.

OKAY.

UM, WE SEE THEM, I PROBABLY SEE THEM THREE, FOUR TIMES A WEEK.

OKAY.

AND THEN WHAT HAS THE MPO OFFICER MADE COMMENTS ABOUT THE, THE STATUS OF THE PROPERTY, ABOUT THE IMPROVEMENTS MADE? THEY, I HAVEN'T SEEN OFFICER DUGAS.

HE'S BEEN ON MATERNITY LEAVE.

I HAVEN'T SEEN HIM IN A FEW MONTHS.

UM, OFFICER ROLLINS HAS COMMENTED ON THE, THE FACT THAT IT'S, IT'S BECOME MUCH NICER THAT THERE'S LOST A LOT LESS STRESS, A LOT LESS ISSUES.

OKAY.

UM, GI UH, GIVEN THE FOREGOING, DO YOU THINK YOU, THAT THE PROPERTY HAS TAKEN REASONABLE STEPS TO ADDRESS ANY ISSUES? I DO, YES.

OKAY.

AND THEN, AND SINCE YOU WOULD KNOW, 'CAUSE YOU'RE, YOU'RE ONE OF THE PEOPLE WHO DEALS WITH THE MONEY IS THERE, SO THE CITY HAS ASKED FOR, INSTEAD OF FOUR OFFICERS, FULL-TIME, EIGHT OFFICERS, FULL-TIME.

IS THAT FEASIBLE FOR THE PROPERTY? IT IS NOT FEASIBLE FOR THE PROPERTY.

UM, IT WOULD BASICALLY BANKRUPT US.

HOW MUCH EXTRA WOULD IT COST A MONTH? ABOUT 50,000.

AND WE DON'T HAVE THE BUDGET FOR THAT.

IS THAT A FAIR STATE? WE DO NOT.

WITH ALL THE EVICTIONS AND EVERYTHING WE'VE DONE FOR ANY LEASE VIOLATIONS, WE ARE SUFFERING AN OCCUPANCY RIGHT NOW ALSO.

OKAY.

UH, PAST THE WITNESS.

ALL RIGHT.

MS. RIDER, UM, WERE YOU THE MANAGER, UM, AT THE TIME ONE OF THE LEASING OFFICERS WAS THREATENED OR ONE OF THE WORKERS AT THE LEASING OFFICER PURSUIT WAS THREATENED?

[00:40:01]

I WAS THE REGIONAL MANAGER, YES.

OKAY.

SO YOU'RE AWARE OF THAT SITUATION.

AND WAS THAT PERSON EVICTED? RIGHT THEN? THE PERSON WAS GONE THROUGH THE EVICTION PROCESS AND WE WERE DELAYED ONLY BY THE HISTORY OF THE COURTS.

OKAY.

SO THEY WEREN'T EVICTED AT THAT TIME.

AND THAT PERSON CAME BACK WITH A GUN AND SHOT AT THE OFFICE, IS THAT RIGHT? NO, THAT IS NOT CORRECT.

THAT PERSON DIDN'T COME BACK WITH A GUN AT ALL.

WHICH DATE ARE YOU TALKING ABOUT? BECAUSE THE ASSISTANT MANAGER WAS THREATENED VIA EMAIL.

OKAY.

SO HE HAD MULTIPLE THREATS GOING TO YOUR EMPLOYEES AT THE OFFICE, IS THAT RIGHT THEN? NO, JUST THE ONE RESIDENT WITH ONE PERSON.

OKAY.

THAT, SINCE I'VE BEEN THERE IN MAY OF 2022.

OKAY.

SO YOU MAY NOT BE AWARE OF THE, THE PRIOR INCIDENT WHERE THERE WAS NO, 'CAUSE I STATED I WASN'T BROUGHT ONTO THE COMPANY UNTIL MAY 2ND, 2022.

OKAY, NO PROBLEM.

AND, UM, SO YOU STATED THE LETTER, THE INITIAL LETTER WENT OUT IN APRIL 22ND, 2023.

IS THAT RIGHT? I THINK IT WAS APRIL 27TH OR 27TH.

OKAY.

AND YOU HAD A MEETING ON MAY 9TH? CORRECT.

OKAY.

SO, UM, THERE'S A STATEMENT THAT AFTER THAT MEETING, THINGS WERE RAMPED UP.

IS THAT ACCURATE? WE TOOK ALL OF THE MAJOR'S ADVICE, PUT EVERYTHING IN PLACE.

RIGHT.

SO AFTER, UM, THE LOG THAT WE HAVE FOR, FOR VISITORS WHEN THEY ENTERED, UH, THE PROPERTY, WHEN DID WE START THAT? OH MY GOSH, THE EXACT DATE.

I WOULD SAY IT WAS AS SOON AS I GOT THE PARKING PASSES IN MAYBE TWO WEEKS AFTER THE MAY 9TH VISIT.

SO IT WAS AFTER THE MAY 9TH VISIT? YES.

OKAY.

AND THE PARKING PERMITS YOU SAID WAS AFTER THE MAY 9TH? RIGHT.

PRIOR TO THAT, WE WERE DOING ONLINE VIRTUAL REGISTRATIONS FOR THE RESIDENTS.

OKAY.

SO AT THAT POINT IN TIME, PRIOR TO MAY 9TH, WE DIDN'T HAVE ANY IDEA OF WHO WAS PARKING WHERE OR WHO WAS VISITING, WHO IS THAT? RIGHT.

FROM A SITE PERSPECTIVE, WE DID NOT.

OKAY.

AND SO, UM, THE OFFICERS AT THE GATE, YOU SAID THERE'S THREE AT THE GATE, BUT AGAIN, WE'RE NOT TAKING A LOG UNTIL AFTER THE MEETING ON MAY 9TH, IS THAT CORRECT? WELL, AFTER THE MEETING ON MAY 9TH, I IMMEDIATELY ORDERED THE PERMITS.

SO THERE WAS, OKAY.

THERE WAS NO WAY TO ENFORCE THE LOG UNTIL WE ACTUALLY HAD THE PERMITS IN HAND AND I HAD TO ORDER THEM FROM ONE OF OUR ONLINE COMPANIES AND HAVE THEM DELIVERED AND WE ORDER THEM EVERY THREE WEEKS.

OKAY.

SO AFTER THE MEETING, THE CURFEW THAT YOU MENTIONED EARLIER, WHEN DID, WHEN WAS THAT IMPLEMENTED? THAT WAS ACTUALLY IMPLEMENTED IN FEBRUARY OF THIS YEAR.

THE CURRENT WAS PREVIOUSLY 9:00 PM I IMPLEMENTED THAT MYSELF.

OKAY.

IT WAS AROUND FEBRUARY AND MID-FEBRUARY OF THIS YEAR.

OKAY.

PRIOR TO OUR MEETING AND FOR THE RENT ROLL, I THINK THE EXHIBITS THAT WERE SHOWN EARLIER, UM, WITH THE EVICTIONS, THAT THOSE WERE ALL AFTER MAY 9TH, IS THAT RIGHT? THOSE WERE, YES.

THERE HAVE BEEN SOME PRIOR TO MAY 9TH.

OKAY.

EVERYTHING, HOWEVER, EVERYTHING, HOWEVER, THE AMOUNT IS NOT AS EXTENDED.

OKAY.

SO ALL OF THAT WAS IMPLEMENTED AFTER THE MEETING ON MAY 9TH? IT WAS RAMPED UP AFTER THE MEETING ON MAY 9TH.

IT WAS IMPLEMENTED FAR BEFORE.

I'M SORRY.

HOW WAS IT IMPLEMENTED? IF IT DIDN'T EXIST? THE LEASE VIOLATIONS DID EXIST.

OKAY.

WE JUST DIDN'T, WE DID, DID AND WE DID EVICT PEOPLE FOR THEM.

WE JUST DIDN'T HAVE AS MANY.

OKAY.

AFTER MAY 9TH MEETING, WE VIOLATED EVERYONE FOR EVERYTHING.

OKAY.

SO PRIOR TO, PRIOR TO ANY, I'M SORRY.

PLEASE, PLEASE, LEMME FINISH.

PLEASE TRY TO AVOID BOTH OF YOU.

PLEASE TRY TO AVOID TALKING OVER EACH OTHER.

THANK YOU.

UM, SO PRIOR TO THE MEETING, UM, THOSE EVICTIONS WEREN'T RELEVANT TO THE COURT MEETING, IS THAT RIGHT? WHAT DO YOU MEAN? WHAT RELEVANT? WELL, AT THE COURT MEETING YOU'RE SUPPOSED TO BRING EVIDENCE SHOWING EVERYTHING THAT HAS ALREADY BEEN DONE TO LOWER CRIME.

RIGHT.

THAT WAS NEVER REQUESTED OF US ON THE MAY 9TH MEETING.

OKAY.

SO THERE WAS A MISUNDERSTANDING OF WHAT YOU WERE SUPPOSED TO DO.

THEY DIDN'T HAVE US SPRING ANYTHING.

OKAY.

SO I THINK THAT WAS IN THE INITIAL LETTER.

AND IT IS, IT IS ATTACHED, UM, IN THE EVIDENCE, BUT YOU'RE SUPPOSED TO BRING EVIDENCE OF THINGS THAT WERE ALREADY DONE, UM, TO REDUCE CRIMINAL ACTIVITY.

AND YOU'RE SAYING STATING NOW THAT MAYBE THERE WERE SOME LEASE VIOLATION NOTICES OR LEASE EVICTIONS, BUT NONE OF THAT WAS BROUGHT IN AS EVIDENCE.

IS THAT RIGHT? NONE OF THAT WAS BROUGHT IN BECAUSE I WASN'T AWARE OF IT.

OKAY.

AND WELL, AND EVEN FOR TODAY, I MEAN, IT'S NOT, IT'S NOT ATTACHED, SO IT MUST NOT BE IMPORTANT.

RELEVANT.

WELL, I I ATTACHED THE MORE RECENT ONES.

OKAY.

ALL RIGHT.

SO BASICALLY THE, THE LOG THAT WE HAVE FOR THE VISITORS THAT'S BRAND NEW.

THE PARKING PERMIT THAT WE HAVE IS BRAND NEW.

OH, I THINK YOU MENTIONED A LICENSE PLATE READER.

WHEN WAS THAT AFTER THOSE WERE ACTUALLY ORDERED RIGHT AFTER THE MAY 9TH MEETING.

HOWEVER, IT DID TAKE FLOCK

[00:45:01]

SOME TIME TO INSTALL.

THEY WERE OFFICIALLY INSTALLED AFTER IN AUGUST.

OKAY.

SO THAT WAS IMPLEMENTED AFTER THE MAY 9TH MEETING.

SO REALLY THE ONLY THING THAT WE HAD PRIOR TO THIS MEETING WAS A FEW SECU SECURITY GUARDS AT THE GATE.

SOME CAMERAS THAT ARE, UM, MONITORED OFFSITE AND THAT'S IT.

NO, LET ME CORRECT THAT.

THE CAMERAS ARE MONITORED ON MY PHONE THROUGH OUR, WE, I'LL MONITOR THEM BY MONITORS, TV MONITORS ON SITE.

THEY'RE ALSO MONITORED OFFSITE.

AND THE CAMERAS, WE DO HAVE THE CAMERAS THAT ARE THE LICENSE PLATE READERS THAT WERE ALREADY THERE AT THE GATES PER THE MAJOR.

HE WANTED THE FLOCK CAMERAS SO THAT THEY DIRECTLY REPORT TO DALLAS PD.

OKAY.

I, I'M SORRY.

THOSE WERE ADDED ADDITIONAL.

AND ALSO SINCE MAY OF LAST YEAR, I CAN ASSURE YOU THAT I'VE SUBMITTED SEVERAL PEOPLE TO EVICTION FOR LEASE VIOLATIONS.

HOWEVER, IT IS NOT THE NUMBER THAT IT HAS BEEN SINCE THE MAY 9TH HEARING.

OKAY.

I'M SORRY.

LET'S, LET'S GO BACK.

I BELIEVE YOU STATED EARLIER THAT THE LICENSE PLATE READER WAS NOT ORDERED UNTIL AFTER THE MAY 9TH MEETING.

IT WAS NOT.

WE HAD NEVER EVEN HEARD OF FLOCK.

OKAY.

ALRIGHT.

AND, UM, WE CAN GO TO THE EMAIL.

I THINK THAT WAS SUBMITTED IN YOUR, UM, WITH YOUR EXHIBITS WHERE YOU'RE GRANTING ACCESS TO THOSE CAMERAS FOR DPD THAT WAS DATED JUNE 20TH, IS THAT RIGHT? THAT WAS OUR NPO OFFICERS WERE GIVEN ACCESS AND, UM, AS, AS SOON AS THEY ASKED AND ANY POLICE OFFICER THAT'S EVER ASKED FOR ACCESS, WE'VE GIVEN IT TO.

OKAY.

SO AFTER THE MAY 9TH MEETING FOR THE TOWING AGREEMENT, I DO SEE THAT IT HAS, IT WAS DATED DECEMBER 22ND.

UM, AND IT HAS A CHECK ON THERE FOR THE PARKING PERMITS.

BUT AGAIN, AT THAT TIME THERE WEREN'T ANY PARKING PERMITS.

THEY WERE ONLY DOING THE VIRTUAL REGISTRATIONS THROUGH THE TOWING COMPANY.

AND M AND M TOWING CAN PROVIDE A PRINTOUT OF, IT'S ABOUT 700 PAGES OF EVERY SINGLE VIRTUAL PERSON THAT'S COME IN THROUGH.

OKAY.

AND SO YOU MENTIONED NOW THAT NOW AFTER THE MAY 9TH MEETING, NOW WE'VE IPL IMPLEMENTED SOME MORE THINGS.

WE RAMPED THINGS UP.

NOW YOU'RE SEEING A DECREASE IN CRIME.

IS THAT RIGHT? WELL, I'VE ONLY BEEN THERE FOR A LITTLE OVER A YEAR, BUT I'M DEFINITELY SEEING A DECREASE ALMOST TO NO CRIME.

OKAY.

AND SO LAST YEAR WHEN THERE WAS A LOT OF CRIME, WHEN WE DID HAVE, UM, I DON'T KNOW, ONE OR TWO MURDERS, MAYBE A HALF A DOZEN AGGRAVATED ROBBERIES AND VIOLENT CRIME, PRIOR TO THEN WE DIDN'T CONSIDER IMPLEMENTING ANYTHING EXTRA.

WE HAD TO WAIT ON THE CITY.

WE HAD ALREADY HAD SECURITY IN PLACE.

WE JUST ACTUALLY HAD A NUMBER OF, WE HAD TWO TO THREE OFFICERS.

WE UPPED IT TO FOUR SO THAT WE COULD COVER EACH GATE.

SO RIGHT.

I'M ASKING, I'M SORRY THAT YOU WERE ON THE PROPERTY.

YOU NOTICED THERE WAS CRIME, THERE WAS A LOT OF VIOLENT CRIME LAST YEAR, BUT YOU WAITED UNTIL AFTER THE MEETING WITH THE CITY TO IMPLEMENT ANY NEW, THE ONLY THING THAT WAS NEW WAS ADDING AN ADDITIONAL SECURITY OFFICER, ADDING THE FLOCK CAMERAS AND SWITCHING FROM THE VIRTUAL REGISTRATION FOR THE PARKING PASSES TO THE ACTUAL PHYSICAL ONES.

AND THE LOG, THE, THE LOG IS ALL VIRTUAL, SO WE COULD PRINT IT OUT OFF THE COMPUTERS, BUT THERE WAS A LOG THROUGH M AND M TOWING AND THEY CAN PROVIDE THAT IF NEEDED.

BUT IT'S 700 PAGES.

SO THERE WAS A PRIOR, THERE WAS A LOG THAT WAS AVAILABLE.

I'M SORRY, I'M GETTING CONFUSED HERE.

'CAUSE I FEEL LIKE YOU SAID EARLIER, THERE WAS NOT A VISITOR LOG BECAUSE THERE WEREN'T PERMITS, THERE WAS NO PHYSICAL PERMITS AND NO PHYSICAL VISITOR LOG SIGNED BY OUR SECURITY.

M AND M TOWING HAS A REGISTRATION THAT TO ALLOW PEOPLE TO PARK ON THE PROPERTY, THEY DO A VIRTUAL REGISTRATION.

OKAY.

AND THAT JUST GOES BY WHOEVER THE LICENSE PLATE, WHOEVER WAS REGISTERED TO? CORRECT.

CORRECT.

SO AGAIN, GOING BACK TO IT, WE DIDN'T KNOW WHO WAS ON THE PROPERTY.

WE DIDN'T HAVE A HARD LOG OF WHO WAS ON THE PROPERTY.

WE DIDN'T HAVE A HARD PERMIT, UM, FOR THE VEHICLES GOING IN.

UM, WE DIDN'T HAVE THE LICENSE, UH, READERS PRIOR TO.

WE MAY HAVE HAD A COUPLE OF EVICTIONS OR LEASE VIOLATIONS PRIOR TO, BUT WE DON'T HAVE EVIDENCE OF THAT.

UM, I'M SORRY.

I FEEL LIKE THE ONLY THING WE HAD BEFORE IT SOUNDS LIKE WAS A COUPLE OF SECURITY GUARDS AND CAMERAS.

IS THAT RIGHT? THAT IS NOT CORRECT.

OKAY.

WE ALREADY HAD LICENSE PLATE READERS AT THE GATES.

WE ADDED THE ADDITIONAL FLOCK CAMERAS BECAUSE THE MAJOR SPECIFICALLY SAID THEY GO DIRECTLY TO DALLAS PD.

OKAY.

WERE YOU ABLE TO GIVE INFORMATION TO, UM, DPD REGARDING THE VIOLENT CRIMES THAT TOOK PLACE, UM, ON YOUR PROPERTIES? FOR INSTANCE, THERE WAS ONE WHERE A GENTLEMAN WAS ON THE STAIRS WITH HIS PHONE AND A CAR OF FIVE PEOPLE CAME UP AND

[00:50:01]

HELD HIM UP BY GUNPOINT AND TOOK HIS WALLET AND HIS, HIS CELL PHONE.

DO, WERE WE ABLE TO, TO FIND OUT WHO THOSE PEOPLE WERE? UH, WE ALL WATCHED THE CAMERAS AND WE WERE ABLE TO FIND OUT THE VEHICLE AND THE BLACK HOODS AND THE BLACK CLOTHING THAT THEY WERE WEARING, BUT WE WERE NEVER ABLE TO IDENTIFY THEM AS RESIDENCE.

AND THAT WAS WELL AFTER THE INCIDENT, IS THAT RIGHT? NO, IT WASN'T.

WELL AFTER THE INCIDENT, HOW MANY DAYS AFTER THE INCIDENT WERE YOU ABLE TO IDENTIFY ANY OF THAT? WE WERE ABLE TO VIEW THE CAMERAS IMMEDIATELY IS AFTER THE INCIDENT AT THREE IN THE MORNING YOU VIEWED THE CAMERAS.

OUR SECURITY CALLED AND THE CAMERAS WERE VIEWED.

OKAY.

SO THE ONE GUARD THAT YOU HAD ON THE LOT OBVIOUSLY WAS NOT ENOUGH TO JUST WALK AROUND TO MAKE ENSURE THAT THE 20 DIFFERENT BUILDINGS WERE SECURE.

IS THAT ACCURATE? WELL, WE ALWAYS HAD TWO GUARDS ON THE LOT AT, AT ALL TIMES.

AND WE ADDED TO THREE.

WE HAD A PERSON THAT CAME IN DURING THE PEAK HOURS TO THREE.

AFTER THE MAY 9TH MEETING, WE UPPED IT TO FOUR.

OKAY.

SO WE HAD THREE AND THEN WE UPPED IT AFTER THE MAY, NOT AFTER THIS GUY WAS ROBBED IN FRONT OF HIS APARTMENT AT GUNPOINT.

BUT AFTER THE MAY 9TH MEETING IS WHEN WE UPPED IT? CORRECT.

OKAY.

NOT AFTER WE HAD A COUPLE OF MURDERS ON THE PROPERTY, BUT AFTER THE MAY 9TH MEETING IS WHEN WE INCREASED THE MURDER.

WELL, THE, THE, THE MURDER, THE MURDER THAT I'M AWARE OF ON THE PROPERTY WAS ACTUALLY A RESIDENT COMING FROM ANOTHER APARTMENT COMMUNITY BEING CHASED AND WAS SHOT ON THE INTERSECTION OF THE ROAD AND RAN ONTO OUR PROPERTY.

IT PINGED ON US BECAUSE THAT'S WHERE THEY ENDED UP.

I'M SORRY, WHICH MURDER ARE YOU, UH, REFERRING TO? 'CAUSE THEY'RE, THEY'VE BEEN THE ONE THAT BLED OUT WITH HIS GUN OVER IN THE GRASS.

THE MOST, THE, THE LAST MURDER THAT I'M THE ONE IN JANUARY OR MAY THIS YEAR.

IT WOULD'VE BEEN MAY, MAY THIS SO NOT THE ONE IN JANUARY? NO.

OKAY.

SO IT WAS AFTER THE MAY 9TH MEETING THAT WE, THAT WE ADDED, UM, ALL OF THESE MEASURES.

ALRIGHT.

AND SO I JUST WANNA GO OVER AND MAKE SURE WE UNDERSTAND.

SO, UM, AT THE MEETING YOU PRESENT IT WITH A, A COPY OF THE CODE.

IT'S HIGHLIGHTED HERE IN THE EXHIBITS, I BELIEVE IS PAGE NINE, UM, OF YOUR EXHIBITS.

AND IT SAYS THAT YOU'RE TO PRESUME, UM, I'M SORRY TO REBUT THE PRESUMPTION THAT YOU DIDN'T KNOW ABOUT THE ACTIVITY OR THAT YOUR MEASURES WERE NOT REASONABLE.

YOU'RE SUPPOSED TO SHOW THAT EVIDENCE AT THE MEETING.

SO WHAT THAT MEANS IS EVERYTHING THAT YOU'VE DONE PRIOR TO THE MEETING IS, IS WHAT'S IMPORTANT.

RIGHT.

UM, I WOULD LIKE TO STATE THAT I WAS AT THE MEETING WITH OUR ATTORNEY AND NO ONE EVER ASKED FOR EVIDENCE.

OKAY.

AND YOU HAD THIS CODE, IS THAT RIGHT? WE HAVE THE CODE, YES.

OKAY.

AND THAT WAS INCLUDED IN THE LETTER? THAT WAS WELL, I, I GOT THE LETTER TWO DAYS BEFORE THE MEETING, SO.

OKAY.

AND, UM, SO WE DIDN'T READ THE LETTER? I DID READ THE LETTER.

OKAY.

SO THEN WE WERE AWARE THAT THE POINT OF THE MEETING WAS TO NOT ONLY COME UP WITH SOLUTIONS FOR THE FUTURE, BUT ALSO FOR YOU TO PRESENT EVIDENCE TO REBUT THE PRESUMPTION AT THE MAY 9TH MEETING.

THERE WERE SEVERAL OTHER PEOPLE THERE.

OKAY.

ALL RIGHT.

THERE WAS NO EVIDENCE DISCUSSED OR TALKED ABOUT.

OKAY.

THANK YOU.

NO FURTHER QUESTIONS.

THANK YOU.

BRIEF REDIRECT.

UM, YEAH, UH, BEFORE YOU DO THAT, I'D LIKE TO TAKE THIS OPPORTUNITY TO REMIND EVERYBODY THAT THIS IS NOT A COURTROOM.

THIS IS A CITY MEETING, AND WE FOLLOW THE SAME RULES OF DECORUM THAT ARE FOLLOWED AT EVERY CITY MEETING FOR NARROWLY.

COMMENTS AND QUESTIONS FROM PARTICIPANTS WOULD BE ADDRESSED TO THE BOARD.

WE HAVE AN EXCEPTION HERE WHERE PARTICIPANTS DO ADDRESS EACH OTHER.

HOWEVER, IT'S NOT CROSS-EXAMINATION AND ALL PARTICIPANTS SHOULD BE TREATED WITH THE SAME DECORUM AND RESPECT THAT WOULD BE OFFERED WHEN ADDRESSING THE BOARD.

UM, IF YOU HAVE QUES ADDITIONAL QUESTIONS FOR THE, UH, UM, FOR MS. RIEGER, UH, YOU DO HAVE SEVEN MINUTES REMAINING AT YOUR TIME.

OKAY.

I'LL JUST NEED LIKE ONE OR TWO MINUTES TOPS.

OKAY.

THANK YOU.

UM, OPPOSING COUNSEL BROUGHT UP THE MAY 9TH MEETING REPEATEDLY AND ASKED ABOUT EVIDENCE.

UM, ISN'T IT CORRECT THAT WE HAD AN AGREEMENT BEFORE THE MEETING TO ALLOW US ANOTHER TWO WEEKS TO PROVIDE EMAIL, UH, VIA EMAIL AND ELECTRONIC, UH, FORM VARIOUS, UH, EVIDENCE THAT WE WERE GOING TO MEET OUR, OUR THAT, THAT WE WERE GOING TO PROVIDE TO DPD? WE HAD THAT AGREEMENT WITH YOU AND YOUR OFFICE.

YEAH.

ALL RIGHT.

WELL, AND, AND I HAD THAT AGREEMENT WITH THE CITY ATTORNEY, IS THAT CORRECT? AND THEN WE DID PROVIDE THAT EVIDENCE SUBSEQUENTLY.

IS THAT RIGHT? DID OKAY.

PASS THE WITNESS.

NO FURTHER QUESTIONS.

UH, MR. CAITLIN, WE'RE STILL IN YOUR PRESENTATION.

SO DO YOU HAVE ANOTHER WITNESS? YES.

UH, AT THIS TIME I CALL PHILLIP BALDERSON.

[00:55:01]

OKAY.

UH, WOULD YOU STATE YOUR NAME FOR THE RECORD? PHILLIP BALDERSON.

OKAY.

AND THEN WHAT IS YOUR CONNECTION TO THE, THE, THE PROPERTY? I'M THE MANAGING MEMBER OF THE OWNER OF MOUNTAIN CREEK APPS LP.

OKAY.

AND THEN BRIEFLY, BECAUSE WE'RE A LITTLE BIT SHORT ON TIME, WHAT ARE YOUR RESPONSIBILITIES? I OVERSEE STRATEGIC VISION, UH, OVERALL FINANCING AND, UH, UH, UH, FINANCIAL MATTERS FOR THE, UH, ENTITY.

OKAY.

AND THEN BRIEFLY, WHAT IS YOUR HIGH LEVEL VISION FOR THIS PROPERTY? UH, WE PURCHASED THIS PROPERTY, UH, FOR, TO BE A WORKFORCE HOUSING AFFORDABLE PROPERTY, UH, AND TO OWN IT INDEFINITELY.

OKAY.

AND THEN, UM, ARE, ARE, ARE YOU OPPOSED TO IMPLEMENTING REASONABLE MEASURES ON THE PROPERTY? NO, I, I BELIEVE WE HAVE IMPLEMENTED REASONABLE MEASURES.

OKAY.

IN FACT, WEVE COMPLIED WITH JUST ABOUT EVERYTHING THAT DPD HAS ASKED US TO DO.

IS THAT CORRECT? YES.

WE WORKED COLLABORATIVELY WITH DPD AND I THINK AS EVIDENCED ONCE DPD HELPED US UNDERSTAND SPECIFIC MEASURES THAT WE MAY NOT HAVE EVEN BEEN AWARE OF PRIOR TO, TO COMBAT THE, THE CHALLENGES WE WERE HAVING, WE IMPLEMENTED THEM RIGHT AWAY.

OKAY.

AND THEN, UM, IF YOU WILL LOOK AT OUR EXHIBIT 14, AND THAT'S GOING TO BE ON PAGE 41 OF OUR, UH, EXHIBITS, OUR PDF EXHIBITS.

YEP.

UH, DO YOU RECOGNIZE THIS AGREED INJ UH, INJUNCTION ORDER? YES.

OKAY.

AND IN FACT, YOU AND I WORKED TOGETHER ON THIS, IS THAT RIGHT? THAT'S CORRECT.

ALRIGHT.

AND WE WORKED WITH THE CITY TO COME TO AN AGREEMENT, AN AGREED JUDGMENT.

YES.

AND THERE ARE NO NEGATIVE FINDINGS AGAINST THE PROPERTY IN THAT, IS THAT RIGHT? THAT'S CORRECT.

OKAY.

AND WE IMPLEMENT ON, WE LOOK AT, LET'S SEE, PAGE, UH, STARTING ON LOOKS LIKE PAGE FOUR, THERE'S A WHOLE LIST OF THINGS THAT WE AGREED TO, TO MOVE FORWARD WITH, IS THAT RIGHT? THAT'S RIGHT.

AND WE IMPLEMENTED ALL OF THEM.

THAT'S CORRECT.

AND THERE WAS NEVER AN IMPLICATION FROM DPD OR ANYWHERE THAT WE WERE NOT IN COMPLIANCE WITH THIS ORDER? THAT, THAT'S CORRECT.

AND THAT CONTINUED, UH, ALL OF THOSE, UH, ITEMS CONTINUED UP TILL TODAY.

OKAY.

AND THEN, UM, BRIEFLY, ARE YOU FAMILIAR WITH THE SURROUNDING, UH, PROPERTY, UH, THE SURROUNDING APARTMENT COMPLEX PROPERTY? YES.

OKAY.

AND THEN HOW WOULD YOU COMPARE THE STEPS TAKEN BY MOUNTAIN CREEK TO THE OTHER SURROUNDING PROPERTIES? MOUNTAIN CREEK'S REALLY THE ONLY PROPERTY, UH, IN THE SURROUNDING AREA THAT HAS WORKED COLLABORATIVELY WITH DPD AND IMPLEMENTED THE STEPS THAT DPD HAS ASKED US TO, TO TAKE.

AND THAT IS OUR VISIONS OF THE PROPERTY, IS THAT CORRECT? THAT THAT'S CORRECT.

I MEAN, AGAIN, AS EVIDENCED BY THE ACTIONS WE'VE TAKEN, UH, AT THE DIRECTION AND, AND COLLABORATION WITH DPD, THAT HAS MADE A HUMONGOUS IMPACT.

OKAY.

UM, AT THIS TIME I PASS THE WITNESS.

JUST THANK YOU, MS. GREEN.

DO YOU HAVE ANY QUESTIONS FOR MR. BALDERSON? I APOLOGIZE.

YES, I DO.

JUST A FEW QUESTIONS PROCEED.

ALL RIGHT.

UM, SO IT'S BEEN MENTIONED A COUPLE OF TIMES.

THERE WAS A BRIEF PERMANENT INJUNCTION IN PLACE.

YES.

IS THAT RIGHT? THAT'S CORRECT.

AND THAT WAS A FEW YEARS AGO? YES.

OKAY.

AND SO THE TYPE OF CASE, UM, THAT TYPE OF CASE WAS, IS CALLED GENERALLY A CHAPTER 1 25.

BASICALLY, IT, IT INVOLVES A HIGH CRIME, UM, PROPERTY.

IS THAT RIGHT? YES.

IT'S NOT QUITE THE SAME AS THE CITY, BUT IT'S THE STATE LEVEL.

SO IT'S IT'S IN COURT, IS THAT RIGHT? I, I'D HAVE TO REFER THAT TO MY ATTORNEY, I GUESS.

OKAY.

ALL RIGHT.

IT'S A LEGAL QUESTION.

AND SO DURING THAT, THAT CASE, UM, YOU WERE MADE AWARE OF THE CRIME PROBLEM AT THAT TIME? YES.

OKAY.

AND SO YOU IMPLEMENTED MEASURES.

UM, BUT WE DIDN'T PAY ATTENTION TO THE CRIME STATS AFTER THAT UH, NO, THAT'S NOT CORRECT.

SO WE, WE WERE, WE WORKED AGAIN WITH THE, UH, WITH THE DPD TO AGAIN, GET A, GET A, A WHOLE BUNCH OF ITEMS, INCLUDING MAKING VERY SUBSTANTIAL INVESTMENTS TO GATE THE ENTIRE PROPERTY, UH, AND HIGHER SECURITY, AND ADD CAMERAS AND, AND DO ALL OF THOSE THINGS THAT WE DID AND HAVE CONTINUED TO DO.

OKAY.

AND I, I THINK IT'S BEEN BROUGHT OUT EARLIER THAT MOST OF THOSE THINGS WERE DONE AFTER THIS MAY 9TH MEETING.

NO, NO.

THAT, I'M SORRY.

THAT WAS DONE YEARS AGO.

YEARS AGO.

YEAH.

AS PART OF THE INJUNCTION, UH, AGAIN, THE, THE ORIGINAL INJUNCTION, UH, INVOLVED THE INSTALLATION OF ALL OF THOSE GATES MANY YEARS AGO.

OKAY.

SO AGAIN, AFTER AN AGREEMENT WITH THE CITY.

AND THAT EXPIRED IN 2021, IS THAT RIGHT? YES.

OKAY.

AND SO SINCE THAT TIME, AGAIN, WE'VE HAD MORE CRIME MURDERS, VIOLENT CRIME, AGGRAVATED ROBBERIES, AGGRAVATED ASSAULT.

UM, AND AGAIN, I JUST WANNA MAKE SURE THOSE MEASURES THAT WERE IN PLACE WERE NOT RAMPED UP, SO TO SPEAK, UNTIL AFTER THE MAY 9TH MEETING.

UM, I THINK YOU HEARD HEATHER'S

[01:00:01]

KIND OF DISCUSS EXACTLY WHAT HAPPENED ON SITE.

OKAY.

SO YOU'RE NOT AWARE, AWARE OF WHETHER OR NOT YOU RAMPED UP ANY MEASURES BETWEEN 2021 AND 2023, EVEN THOUGH CRIME WAS INCREASING.

AGAIN, I THINK SHE JUST, SHE, SHE, SHE WENT OVER ALL THE THINGS THAT WE WERE DOING, I GUESS, WHICH WOULD BE IN 22.

UH, DURING BEGINNING OF 21, WE WERE, UH, WE HAD THE INJUNCTION IN PLACE AND WE'RE COMPLYING WITH THAT INJUNCTION WITH ALL THOSE MEASURES.

AND IN 22, WE DID IMPLEMENT THE, UM, VIRTUAL, UH, UH, LICENSE PLATE LOG AND VISITOR LOG AND, UH, TOWING AGREEMENT.

OKAY.

SO IT'S SAFE TO SAY IT'S NOT THE HIGH CRIME THAT CATCHES YOUR ATTENTION, BUT WHEN THE CITY SUES OR ISSUES A LETTER AND, UM, MANDATES A MEETING THAT THOSE MEASURES ARE EITHER IMPLEMENTED OR INCREASED? NO, I DON'T THINK THAT'S SAFE TO SAY.

UM, I THINK THAT WORKING COLLABORATIVELY WITH THE DPD HAS BEEN A GOOD THING FOR US, UH, AND WE HOPE TO DO SO IN THE FUTURE, BUT, YOU KNOW, WE'RE NOT SECURITY EXPERTS.

SO TO THE EXTENT THAT THE DPD WAS ABLE TO HELP US IMPLEMENT THOSE MEASURES, IT WAS HELPFUL TO ADD ADDITIONAL ITEMS AT THAT MAY 9TH MEETING THAT WE WEREN'T POTENTIALLY EVEN AWARE OF AND SPECIFIC SECURITY ITEMS THAT WE WEREN'T POTENTIALLY AWARE OF.

BUT PRIOR TO, ABSOLUTELY, IT WAS CONCERNING TO US AND WE'RE, WE SPENT A LOT OF MONEY ON SECURITY AND A LOT OF OUR TIME WORKING ON, WE DID, WE DID VIOLATE LEASEHOLDERS.

WE DID HAVE A LOG, WE DID, UH, EVICT PEOPLE FROM THE PROPERTY THAT, UH, WERE IN VIOLATION OF THEIR LEASES.

SO WE WERE DOING ALL OF THOSE THINGS PRIOR, BUT I THINK THE MAY 9TH MEETING WAS HELPFUL TO SUGGEST NEW THINGS THAT WE COULD BE DOING THAT WE MAY NOT HAVE EVEN BEEN AWARE OF.

'CAUSE AGAIN, WE'RE, WE'RE MULTI-FAMILY MANAGERS, NOT, NOT SECURITY EXPERTS.

OKAY.

AND SO NO FURTHER QUESTIONS.

OKAY.

BRIEF REDIRECT.

UH, SURE.

AND YOU HAVE GOT, UH, FOUR MINUTES REMAINING.

THANK YOU.

UM, SOMETHING THAT, THAT OPPOSING COUNSEL BROUGHT UP THAT I WANTED TO, IT REMINDED ME, IN FACT, UM, WE WERE IN CONTACT WITH A DIFFERENT CITY ATTORNEY PRETTY REGULARLY FOR A FEW OTHER MATTERS, UH, INCLUDING ABOUT A CAMERA.

IS THAT CORRECT? THAT'S CORRECT.

AND THE CITY HAD NOT BROUGHT UP ANYTHING ABOUT ANY SORT OF OTHER PROBLEMS UNTIL, AGAIN, LATE APRIL, IS THAT RIGHT? THAT'S CORRECT.

AND WE JUMPED RIGHT ON IT? THAT'S CORRECT.

OKAY.

ASK THE WITNESS.

UH, DO YOU HAVE ANYTHING ELSE IN YOUR PRESENTATION? NO FURTHER WITNESSES.

OKAY.

UH, THEN WE WILL PROCEED WITH, UH, BOARD QUESTIONS OF THE APPELLANT, UH, WITNESSES.

AND WE WILL GO IN ORDER MEETING WITH, UH, THREE MINUTES OF QUESTIONS.

UH, AND I STILL DON'T SEE EVERY, OH, I GUESS I DO SEE EVERYBODY.

MS. AYALA, DO YOU HAVE ANY QUESTIONS? NO, I DON'T HAVE ANY QUESTIONS RIGHT NOW.

OKAY.

UM, MS. WILLIS? YES, I HAVE ONE.

UM, OKAY.

UM, IF, IF YOU COULD JUST, IS THERE ANY WAY WE CAN TURN UP THE VOLUME ON THAT, MARY? SHE'S KIND OF, THEY'RE KIND OF QUIET.

IS THERE ANY WAY TO TURN UP THE VOLUME THAT'S COMING OUT THAT I CAN, UH, I'LL WORK ON THAT CHAIR.

OKAY.

UH, GO, GO AHEAD, MS. WILLIS.

BUT IF YOU COULD SPEAK UP THE VOLUME'S A LITTLE BIT LOW IN HERE.

OH, OKAY.

UH, MY QUESTION IS TOWARDS, UH, I THINK THE PROPERTY MANAGER, AND I THINK SHE SAID THAT THERE WAS A, THERE WAS SOMEONE ON STAFF WHO WAS THREATENED VIA EMAIL.

UH, IS THAT CORRECT? THAT'S CORRECT.

AND, UM, WAS THIS, UH, SO IS THE STAFF PERSON STILL CURRENTLY WORKING THERE? IS WHAT'S, WHAT, ARE THEY STILL RECEIVING THREATS OR HAS THAT BEEN, THAT'S BEEN RECTIFIED? THIS WAS OUR ASSISTANT MANAGER WHO'S STILL WORKING THERE.

UM, AND SHE WAS THREATENED BY EMAIL FOR SOMEBODY THREATENING TO TAKE HER JOB WAS THE MOST PART, BUT THREATENING THE EXACT WORDS WERE THREATENING TO MAKE HER LIFE MISERABLE.

OUR DPO OFFICERS ADVISED HER, UM, TO BASICALLY HAVE NO CONTACT.

I BECAME INVOLVED, I FILED EVICTION, WE WENT TO EVICTION COURT, RECEIVED JUDGMENT.

THEY FILED AN APPEAL, HOWEVER, HE VACATED THE UNIT BEFORE

[01:05:01]

THE APPEAL COURT DATE.

OKAY.

THAT'S ALL QUESTIONS I HAVE FOR NOW.

THANK YOU.

THANK YOU.

THANK YOU, MS. WILL, UM, UH, MS. TORRES, DO YOU HAVE ANY QUESTIONS FOR THE APPELLANTS? YES.

THANK YOU CHAIR.

UM, THANK YOU SO MUCH, MS. HEATHER AND MR. PHILIP FOR BEING HERE.

WE REALLY DO APPRECIATE, UM, THIS, BECAUSE THE PURPOSE IS JUST, YOU KNOW, OBVIOUSLY TO MAKE SURE THAT WE GET THE INFORMATION THAT WE NEED TO HELP US WITH OUR DECISION.

UM, SO I GUESS INITIALLY I WANNA START OFF WITH MS. HEATHER.

DO YOU HAVE A PHYSICAL SPACE, UM, ON SITE OR YOU JUST, YOU'VE, YOU'RE VISITING THE PROPERTY, RIGHT? UM, WELL, I'VE SPENT 90% OF MY TIME ON SITE SINCE FEBRUARY, SINCE PRIOR TO MAY.

THE PROPERTY MANAGER THAT WAS CURRENTLY THERE WAS, WAS RELEASED FROM WORKING WITH US.

AND I HAVE BEEN BASICALLY THE ACTING PROPERTY MANAGER INTERMITTENTLY SINCE FEBRUARY.

SO I HAVE SPENT 90% OF MY TIME, AND I AM A REGIONAL OVER SEVERAL STATES ON SITE EVERY DAY IN TEXAS AT MOUNTAIN CREEK'S OFFICE.

I HAVE ACTUALLY SPENT THE NIGHT IN THE APARTMENT ADJACENT BEHIND THE OFFICE.

BUT GENERALLY, FOR THE MOST PART, I DO STAY IN A HOTEL.

HOWEVER, THERE'S BEEN NIGHTS WITH CIRCUMSTANCES WHERE I COULDN'T GET A HOTEL ROOM BECAUSE OF EVENTS.

UM, LIKE THE TEXAS STATE FAIR, THE PRICES WERE JUST UNREASONABLE.

SO , I SPENT THE NIGHT IN THE, UH, SHOW APARTMENT RIGHT BEHIND THE OFFICE.

OKAY.

SO IS THE PLAN TO HIRE SOMEONE TO TAKE OVER, UM, AS PROPERTY MANAGER, I'M ASSUMING, SINCE YOUR INTERIM, CORRECT? WELL, I'M THE REGIONAL MANAGER.

SO WE HAVE A NEW PROPERTY MANAGER, UM, THAT'S COMING.

IT'S LIVES IN DALLAS, LIVES RIGHT DOWN THE ROAD FROM THE PROPERTY, BUT HER BACKGROUND IS FROM A DIFFERENT STATE OF DETROIT, MICHIGAN.

OKAY.

SHE STARTS ON MONDAY.

UM, SHE'S GOT A VERY WELL RECEIVED BACKGROUND OF PROPERTY MANAGEMENT ABOUT 27 YEARS.

OKAY.

THANK YOU.

STARTS ON MONDAY, AND I WILL STILL BE ASSISTING THANK YOU, MS. HEATHER.

UM, AND THEN I CAN, I, UH, IS IT, I, I GUESS I'M A LITTLE CONFUSED ABOUT THE, THE, THE LOGS.

SO WHEN PEOPLE DRIVE IN, THEY HAVE TO SIGN IN, AND WHEN THEY DRIVE OUT, THEY HAVE TO SIGN IN.

IT'S MORE IN THAN OUT.

WE ONLY HAVE ONE WAY IN, ONE WAY OUT, BUT WE HAVE, IT'S ALMOST LIKE TWO PHASES TO MOUNTAIN CREEK.

UM, SO THEY HAVE TO SIGN IN, DO THEY HAVE TO SIGN IN AND OUT OF THE PARKING? THEY HAVE TO SIGN IN.

THEY DON'T HAVE TO SIGN OUT IF THEY HAVE THE PARKING DECALS BECAUSE THEY HAVE TO COME BACK OUT THROUGH THE SAME WAY THEY CAME IN.

OKAY.

THAT MAKES SENSE.

UM, AND THEN, SO I GUESS THE NEXT QUESTION WOULD PROBABLY BE BETTER GEARED FOR, UM, MR. PHILIP.

IS THERE WA I GUESS, HOW CAN THERE BE AN ASSURANCE THAT ALL THESE PROCEDURES WILL BE, WILL STILL BE IN PLACE FOR THE NEXT COUPLE OF YEARS? UM, DO YOU HAVE A PLAN, I GUESS A STRATEGIC PLAN FOR THESE? BECAUSE I GUESS THERE'S SOME CONFUSION ABOUT WHAT WAS IMPLEMENTED AFTER THE MAY 9TH, THE COURT MEETING, AND WHAT WAS IMPLEMENTED AFTER THE, UH, 2020, UH, INJUNCTION.

UM, BUT WHAT IS, SO, YEAH, SO, SO THE 2020 INJUNCTION MEASURES ARE STILL IN PLACE AND HAVE BEEN IN PLACE.

UM, YOU HAVE MY ASSURANCE THAT THE MEASURES THAT WERE AGAIN, IMPLEMENTED AFTER OR RAMPED UP AFTER THE MAY 9TH MEETING, THINGS THAT WE WEREN'T EVEN AWARE EXISTED.

SOME OF THEM PRIOR TO THE MAY 9TH MEETING, UH, YOU HAVE MY ASSURANCE THEY'RE GONNA STAY IN PLACE.

UH, BUT ALSO, UH, IT'S IN OUR INTEREST.

I MEAN, WE, WE'VE, WE'VE WORKED WITH DPD CONSISTENTLY, UH, THROUGHOUT OUR OWNERSHIP.

IT'S IN OUR INTEREST, UH, AND IT'S IN EVERYBODY'S BEST INTEREST FOR US TO WORK COLLABORATIVELY.

WE'VE SHOWN THAT, YOU KNOW, WE'VE DONE THAT, AND WE WILL ABSOLUTELY CONTINUE TO DO THAT.

AND IF THERE ARE, IF THERE'S SOMETHING, IF AGAIN, THAT IT, IT'S NEW THAT COMES OUT, YOU KNOW, LATER THIS YEAR THAT DPD IS AWARE OF, AND THEY ASK US TO IMPLEMENT IT, LIKE WE WILL IMPLEMENT IT.

OKAY.

THANK YOU, MR. THAT'S, OH, YEAH.

, THAT'S YOUR TIME FOR THIS ROUND.

UH, THANK YOU CHAIR.

MR. HAYES, DO YOU HAVE ANY, DID WE LOSE OUR QUORUM? DO YOU, MARY, CAN YOU STILL SEE, UH, MS. AL? YEAH, I HEARD THE AMT.

OKAY.

YEAH, I, I HAVE, I HAVE SOME QUESTIONS FOR MS. REEDER.

UM, I'M STILL TRYING TO GET A BETTER HANDLE ON TIMING.

APRIL 26TH WAS THE DATE OF THE PRELIMINARY NOTICE ISSUED BY THE POLICE DEPARTMENT.

YOU ALL OBVIOUSLY HAVE HAD ONGOING CONTACT YOU KEEP REFERRING TO, TO SOMEONE WITH THE TITLE OF MAJOR.

UM, DID THAT APRIL 26TH LETTER COME AS A SURPRISE TO YOU, OR WERE YOU, DID YOU KNOW IT WAS COMING?

[01:10:01]

I HAD NO CONTACT WITH MAJOR YANCY NELSON, WHO'S OVER OUR PRECINCT, UM, WHICH IS THE SOUTH SIDE PRECINCT, I THINK IT IS, FOR DALLAS.

I ALSO HAD NO CONTACT WITH OUR NPO OFFICERS UNTIL THAT LETTER.

OKAY.

SO THAT WAS A SURPRISE TO YOU THEN? IT WAS A SURPRISE TO ME, AND IT ALSO BROUGHT POLICE OFFICERS TO MAKE CONTACT WITH US.

OKAY.

THE ACCORD MEETING WAS MAY 9TH, WHICH WOULD BE ABOUT TWO WEEKS AFTER THAT.

CORRECT.

AND WE'VE ALREADY HAD A LOT OF DISCUSSION BACK AND FORTH ABOUT WHAT THE EXPECTATIONS WERE AT THAT MEETING, BUT YOU CLEARLY HAVE TAKEN A LOT OF MEASURES SINCE THAT TIME.

UM, NONE, NOT WITHSTANDING THAT.

UM, ON JUNE 8TH, WHICH WAS ABOUT A MONTH LATER, WAS WHEN THE ACTUAL FORMAL NOTICE OF DESIGNATION AS A HABITUAL CRI CRIMINAL PROPERTY WAS ISSUED.

DID THAT COME AS A SURPRISE TO YOU? 'CAUSE OBVIOUSLY YOU'D BEEN DOING THINGS DURING THAT MONTH.

IT CAME TO, TO MYSELF PERSONALLY, YES, BECAUSE I HAVE BEEN A REGIONAL MANAGER FOR MULTIPLE STATES, BUT I'VE NEVER HAD A HABITUAL PROPERTY.

THIS IS SOMETHING THAT'S NEW TO ME WITH DALLAS BETWEEN MAY 9TH AND JUNE 8TH.

AND I GUESS THIS MAY BE A JOINT QUESTION TO YOU AND THE ATTORNEY AND ME, MR. BALDER, AND TODAY, ANY KNOWLEDGE, UM, WHAT HAD YOU DONE TO MAKE THE POLICE DEPARTMENT AWARE OF THE STEPS YOU WERE IMPLEMENTING SUBSEQUENT TO THE MAY 9TH ACCORD MEETING? UH, I'VE SENT MULTIPLE EMAILS BACK AND FORTH WITH THE MAJOR YANCY, UM, NELSON.

I ALSO HAD CONTACT PERSONALLY IN CONTACT AND PERSON WITH OUR TWO MPO OFFICERS ON A REGULAR BASIS.

THEY WERE ACTUALLY WALKING THE PROPERTIES WITH US.

UH, THE MPO OFFICERS, I HAD ALSO IMPLEMENT, UH, RAMPED UP AND IMPLEMENTED THE PARKING PERMITS AND EVERYTHING.

BY THAT POINT, THE ONLY THING THAT WASN'T IN PLACE YET WAS THE FLOCK CAMERAS, BECAUSE THEY DID TAKE SOME TIME TO ORDER AND HAVE INSTALLED BY FLOCK.

THAT'S THE NAME OF THE COMPANY ITSELF.

OKAY.

AND I CAN LET YOU KNOW, I'VE BEEN IN FAIRLY REGULAR CONTRACT CONTACT WITH THE CITY ATTORNEY'S OFFICE, UM, AND I'VE, I'VE AT LEAST TRIED TO COMMUNICATE TO THEM BETWEEN MAY 9TH AND JUNE 8TH.

YES.

OKAY.

WELL, AND BEFORE, DURING, AFTER THE WHOLE THING.

AND I'VE TRIED TO LET THEM KNOW MY PHONE IS ALWAYS, IF I'M LIKE IN TRIAL WHEN THEY CALL, I TRY TO EXPEDITIOUSLY CALL THEM BACK.

AND, AND I, I'VE, I'VE SAID, WHATEVER YOU WANT, LET US KNOW.

WE'LL PROVIDE IT.

AS, AS MR. BALDERSON SAID, UM, WE WANT THIS TO BE A COLLABORATIVE PROCESS.

IT'S IN EVERYONE'S BEST INTEREST.

I FEEL LIKE IN SCANNING THE DOCUMENTS LAST NIGHT, PREPARATORY FOR THIS MEETING, I NOTICED A REFERENCE TO A SECOND MEETING.

WHAT WAS THAT? I HAVEN'T HEARD ANY DISCUSSION ABOUT THAT.

YEAH, I WAS ACTUALLY AT THAT MEETING, UH, WITH THE MAJOR, I THINK THAT WAS JUST KIND OF A PREP MEETING FOR THE JULY 4TH WEEKEND.

UM, SO THAT CAME AFTER THE DECLARATION, THE OFFICIAL DESIGNATION? IT, IT DID.

OKAY.

AND, AND, AND, AND TO AN, TO TO PARTLY ANSWER YOUR FIRST QUESTION, WHEN THAT DECLARATION CAME IN, YES, WE WERE SHOCKED.

UH, WE THOUGHT THAT WE HAD DONE EVERYTHING THAT WE'D BEEN ASKED, AND WE DIDN'T REALLY EVEN UNDERSTAND AT THAT POINT WHAT WE COULD POSSIBLY DO BEYOND WHAT WE'D ALREADY DONE.

AND IT WAS SHOCKING THAT THAT LETTER CAME IN.

BUT THEN, YOU KNOW, THEY, THEY CALLED FOR ANOTHER MEETING.

WE WENT TO THAT MEETING.

UH, THE MAJOR'S CONCERN WAS THE UPCOMING JULY 4TH WEEKEND.

UH, AND THE MAJOR LAID OUT, ESSENTIALLY.

THERE WAS A BUNCH OF OTHER PROPERTIES THERE.

THE MAJOR LAID OUT, UH, HIS DESIRE FOR AN DE UH, INCREASED SECURITY PRESENCE FOR THAT WEEKEND TO MAKE SURE THERE WAS NO ISSUES.

AND AS WE'VE ALWAYS DONE OUR PROPERTY AND ONLY OUR PROPERTY AT THAT MEETING SAID, ABSOLUTELY, YOU KNOW, WHATEVER IT IS THAT, THAT YOU THINKS APPROPRIATE, WE'LL MAKE SURE WE HAVE IT.

WE DID SO, AND, UH, UH, WE HAD A QUIET, YOU KNOW, PLEASANT JULY 4TH WEEKEND.

THE OTHER, OTHER PROPERTIES THAT WERE AT THAT MEETING DIDN'T, DID NOT IMPLEMENT THOSE STEPS AS THEY HAVEN'T IMPLEMENTED, YOU KNOW, ANY OF THE STEPS THAT, THAT THE DPD HAD ASKED FOR.

AND THERE WERE ISSUES AT THOSE OTHER PROPERTIES, BUT NOT AT OURS.

THANK YOU.

I'M DONE.

UH, DO YOU HAVE QUESTION? I HAVE A COUPLE QUESTIONS.

UM, AGREEMENTS ON THE M AND M TOWING CONTRACT, I SEE THAT IT IS NOT, UH, THE ON-CALL SERVICE IS MARKED TO KNOW, BUT THERE'S NO, UM, NO TIMES NOTATED FOR PATROLLING.

UM, HOW OFTEN ARE THEY ON YOUR PROPERTY AND LOOKING AT THE, UM, PERMITS AND THINGS LIKE THAT AND LOOKING FOR DISABLED VEHICLES? THE OWNER OF THE PROPERTY HIMSELF ACTUALLY COMES AND DRIVES THE PROPERTY.

UM, HE'S HERE

[01:15:01]

A MINIMUM OF EVERY OTHER DAY.

OWNER OF THE PROPERTY OR OWNER OF THE COMPANY, I'M SORRY, OWNER OF M AND M TOWING.

SO EVERY OTHER DAY HE PATROLS A MINIMUM.

MINIMUM, YES, THERE'S, UM, THERE'S TRUCKS THAT ARE COMING THROUGH AT ALL TIMES, BUT HE HIMSELF COMES THROUGH EVERY OTHER DAY ALONG WITH SECURITY REPORTS.

ANYBODY THAT DOESN'T HAVE, UM, THE PARKING PERMITS OR ANYTHING LIKE THAT, UM, OR WE DIRECTLY CALL, WE, YOU KNOW, WHEN I'M WALKING THE PROPERTIES, IF I SEE ANYTHING ANYBODY'S PARKED, YOU KNOW, CRAZY OR HAS INOPERABLE VEHICLES, OR ALL OF A SUDDEN THEIR TAG ON THEIR VEHICLE'S MISSING, WE CALL AND HAVE A TOWED.

OKAY.

AND THEN, UM, YOU SAID YOU IMPLEMENTED IN FEBRUARY THE CURFEW OF 7:00 PM TO 7:00 AM.

WHAT DOES THAT ENTAIL AND HOW DO YOU COMMUNICATE THAT? IT'S COMMUNICATED.

WE COMMUNICATED IT VIA EMAIL AND PAPER DELIVERIES MONTHLY FOR THE FIRST THREE MONTHS ABOUT THE CURFEW.

WE'VE ALSO IMPLEMENTED IT THROUGH, UM, RENT CAFE, WHICH IS AN ONSITE PROGRAM THAT EMAILS ALL THE RESIDENTS ALSO ON A REGULAR BASIS.

STILL TO THIS DAY, WE'VE ENFORCED IT WITH POLICE VIOLATION NOTICES, SECURITIES BECOME AWARE OF IT, AND WE HAVE A WALKTHROUGH GATE ON OUR BRIDGE THAT CONNECTS, LIKE THE FRONT OF THE PROPERTY, THE BACK OF THE PROPERTY THAT LOCKS AT 7:00 PM SO THEY CAN'T EVEN GO FROM ONE SIDE OF THE PROPERTY TO THE OTHER.

UM, THE LAUNDRY ROOM'S LOCKED.

EVERYTHING IS LOCKED DOWN AT 7:00 PM SO IT'S REALLY JUST LIKE COMING TO AND FROM WORK, AND RIGHT.

THEY CAN GO FROM THEIR VEHICLE TO THEIR APARTMENT, FROM THEIR APARTMENT TO THEIR VEHICLE, ANY HANGING OUT, ANYTHING LIKE THAT.

IT'LL BE NOTICED ON CAMERA OR BY SECURITY AND AN IMMEDIATE LEASE VIOLATION.

MOST PEOPLE COMPLY IMMEDIATELY.

THEY GET IN THEIR CAR OR THEY WALK INSIDE.

OKAY.

AND THEN REAL QUICK, ONE LAST QUESTION.

UM, YOU SAID YOUR NEW PROPERTY MANAGER IS STARTING ON MONDAY.

MONDAY, AND SHE'S BASED IN DALLAS, BUT SHE WILL NOT BE LIVING ON THE PROPERTY? WELL, SHE HASN'T DECIDED IF SHE'S GOING TO BE LIVING ON THE PROPERTY.

WE DO HAVE, UM, THREE MAINTENANCE STAFF THAT DO LIVE ON THE PROPERTY ON MOUNTAIN CREEK.

UM, AND I DON'T YET KNOW HER PERSONAL HISTORY TO KNOW IF IT'S SOMETHING SHE'S GOING TO LIVE ON SITE WITH.

OKAY.

THANK YOU.

UM, I'M NOT SURE WHO THIS IS.

I, I GUESS THIS IS A QUESTION FOR MR. BALDERSON.

YOU WERE AT, YOU WERE WITH THE PROPERTY IN 2020.

THAT'S CORRECT.

UM, AND SO THIS AGREED PERMANENT INJUNCTION, I ASSUME THAT THE CITY FILED A LAWSUIT AGAINST THE PROPERTY TO GET THIS INJUNCTION, JONATHAN? YEAH.

YES.

OKAY.

WELL, SO YES, I, I WAS THE ATTORNEY.

AND MR. GILAN, YOU REPRESENTED THE PROPERTY? THAT IS CORRECT.

UM, SO I WAS, THIS, WERE THE, THE, YOU KNOW, THE, THE TERMS OF THIS INJUNCTION NEGOTIATED WITH WHOEVER THE CITY PROSECUTOR WAS.

THAT IS CORRECT.

ON THE CASE.

THAT IS CORRECT.

UM, HAD, HAD, UH, AND MR. BALDERSON, EVERYTHING ON HERE WAS IMPLEMENTED YES.

FOR THE TERMS OF THE INJUNCTION YES.

STILL IS IN PLACE TODAY? YES.

WOULD, FOR EITHER OF YOU, WAS THERE ANY COMMUNICATION FROM THE CITY SAYING THE TERMS OF THE INDUCTION ARE NOT NO LONGER SUFFICIENT? WE WANT MORE? WELL, SO, YES.

UH, AND, AND, AND THAT WAS IN APRIL, UH, THE CITY ATTORNEY, LATE APRIL.

AND, AND AGAIN, I, I COULD BE, I, I DON'T WANNA STATE THIS.

ABSOLUTELY.

'CAUSE I WENT BACK AND CHECKED MY EMAIL, I BELIEVE YESTERDAY.

AND THE FIRST COMMUNICATION, I BELIEVE I GOT, THAT I COULD FIND WAS APRIL 21ST.

AND, UM, UH, AND THIS, THE CITY ATTORNEY REACHED OUT TO ME AND WE SPOKE.

UM, I DON'T KNOW IF WE SPOKE THAT DAY.

I MAY HAVE HAD A HEARING OR SOMETHING, BUT WE SPOKE VERY SOON AFTER.

AND THEN, UM, OUR RESPONSE HAS ALWAYS BEEN, LET US KNOW WHAT YOU NEED.

WE'RE HAPPY TO DO IT.

UM, AS MR. BALDERSON SAID, WE'RE NOT SECURITY EXPERTS, BUT WE'VE ALWAYS WANTED TO WORK COLLABORATIVELY WITH THE D COLLABORATIVELY WITH THE DPD.

AND IT WAS UNFORTUNATELY, VERY QUICKLY, AND, YOU KNOW, APRIL 21ST, I THINK THE, THE DESIGNATION WAS LIKE APRIL 29TH, AND WE WERE LIKE, WHOA, GIVE US A SECOND.

RIGHT? LIKE, LET US KNOW, WE'RE HAPPY TO IMPLEMENT IT.

WHAT, WHAT WAS IN THAT APRIL 21ST COMMUNICATION? WAS IT LIKE, HEY, WE WANT YOU TO DO STUFF, OR WAS IT, WE WANT YOU TO DO THIS STUFF? THE EMAIL THAT I SAW WAS, UH, IT WAS A REACHING OUT TO ME SAYING, DO YOU STILL REPRESENT THE PROPERTY? UM, THERE HAVE BEEN SOME ISSUES.

LET'S HAVE A CONVERSATION.

AND SO I, I CALLED BACK BECAUSE I WANTED TO HAVE THE CONVERSATION.

DID YOU HAVE A CONVERSATION? YES, WE DID.

WHAT WAS, CAN YOU TELL US WHAT THE SUBSTANCE OF THAT CONVERSATION WAS? MY MEMORY IS THAT, UM, MY MEMORY IS THAT IT HAD BEEN DESCRIBED TO ME THAT, THAT THE INJUNCTION HAD WORKED FOR A WHILE, THE CRIME HAD GONE DOWN, BUT THEN NOW THERE WERE, THERE, THE CRIME HAD RISEN, AND WE NEED TO TAKE SOME MORE STEPS.

AND I SAID,

[01:20:01]

YES, PLEASE LET US KNOW.

WE, WE WANNA WORK WITH Y'ALL ON.

OKAY.

WAS THAT CONVERSATION WITH MR. HERNANDEZ? THAT IS MY MEMORY.

OKAY.

UH, THEN WE'LL ASK HIM ABOUT THAT.

OKAY.

UM, THAT'S MY TIME FOR NOW.

UH, WE WILL GO.

THANK YOU.

YEAH.

UH, WE'LL GO BACK THROUGH, UH, IF THERE'S ANYBODY WHO WANTS TO ASK, UH, TWO MINUTES OF QUESTIONS.

MS. AYLA, DO YOU HAVE ANY QUESTIONS? NO.

YOU, MS. WILLIS, DO YOU HAVE ANY MORE QUESTIONS? YES, I HAVE ONE CHAIR.

I WANTED TO ASK MINUTES.

CAN YOU HEAR ME OKAY? YES, WE CAN HEAR YOU NOW.

OKAY, GREAT.

I WANTED TO ASK THE, WAS IT MENTIONED WHAT THE NAME OF THE PROPERTY MANAGEMENT COMPANY IS? MS. TAYLOR WORKS FOR.

OH, IT'S ODIN PROPERTIES.

THAT'S THE MANAGEMENT COMPANY, OR THAT'S THE OWNER'S? THE OWNER.

IT'S OWNER MANAGED.

OKAY.

ALL RIGHT.

THANK YOU.

THAT'S IT.

THANK YOU.

UH, MS. TORRES, DO YOU HAVE ANY MORE QUESTIONS? YES, THANK YOU, CHAIR.

UM, UH, MR. PHILIP, AND I'M SO SORRY.

I'M CALLING YOU BY YOUR FIRST NAME.

I DIDN'T GET YOUR LAST NAME.

THAT'S FINE.

UH, WHAT, SO DESPITE, YOU KNOW, I'M, I'M SORRY, MS. TORRES, COULD YOU HOLD ON? YEAH.

MISS ALA'S, CAMERA HAS GONE OFF.

OH, MISS ALA, ARE YOU ABLE TO TURN YOUR CAMERA BACK ON? IS SHE STILL CONNECTING? SHE IS.

UH, THERE WE GO.

WE JUST NEED YOU TO, UH, KEEP YOUR CAMERA ON FOR THE FOREARM, BUT, UH, IF YOU NEED A, UH, IF ANYBODY NEEDS A BREAK, WE'LL TAKE A, A RECESS.

UH, MS. TORRES, YOU'VE GOT TWO MINUTES.

THANK YOU, CHAIR.

UM, SO MR. PHILIP, DESPITE, UM, ALL OF THESE THINGS THAT YOU'RE DOING TO PROTECT THE PROPERTY, KEEP EVERYBODY SAFE, UM, WHY DO YOU THINK THERE'S STILL SO MUCH TR CRIME? BECAUSE THE CITY OF DALLAS PRESENTS, AND I'M LOOKING AT A LIST OF AT LEAST 22, UM, CRIMES THAT FIT THIS PARTICULAR, UM, YOU KNOW, HABITUAL PROPERTY.

YOU KNOW, LIKE WHAT DO YOU THINK IS GOING ON? LIKE, WHY IS THERE STILL SO MUCH CRIME JUST BETWEEN THIS ONE YEAR? SURE.

YEAH.

NO, I WOULD SAY, UH, SINCE, AGAIN, TO GO BACK TO THE MAY 9TH MEETING, SINCE WE HAD A KIND OF COLLABORATIVE MEETING WITH THE DPD ON MAY 9TH, YOU KNOW, I WOULD SAY WE REALLY HAVEN'T SEEN ANY OF THOSE ISSUES.

THE, THE ISSUES HAPPENED GENERALLY LAST YEAR OR AT THE VERY BEGINNING OF THIS YEAR.

MM-HMM.

, I THINK, UM, SIMILARLY TO WHAT MR. GITLIN SAID, ESSENTIALLY THAT, UH, UH, THE INITIAL, UH, WORK THAT WE'VE DONE AND INVESTMENTS THAT WE'VE MADE IN 2020, UH, BY 2022, THEY HAD BECOME LESS EFFECTIVE.

AND WE NEEDED TO FIGURE OUT OKAY, WHAT, WHAT ADDITIONAL ITEMS, WHAT ADDITIONAL, UH, PROTOCOLS WE NEEDED TO PUT IN PLACE.

AND SINCE WE'VE PUT THOSE IN PLACE, YOU KNOW, MAYBE, YOU KNOW, FIVE MONTHS AGO, UM, YOU KNOW, I DON'T THINK WE'VE HAD PRIME THERE.

OKAY.

AND, UM, WHAT IS IT COST? WHAT IS THE RENT COST? THIS OUR, YEAH, OUR, OUR TWO BEDROOMS ARE ABOUT A THOUSAND, AND OUR ONE BEDROOMS ARE ABOUT 900.

OKAY.

AND WHAT IS YOUR CURRENT OCCUPANCY? UH, I THINK WE'RE CURRENTLY ABOUT 75%.

75%.

OKAY.

UM, YEAH.

UM, AT, AGAIN, TO, TO REITERATE WHAT HEATHER HAD SAID AT, AT, AT THE DIRECTION OF THE DPD, UH, AT THAT MAY 9TH MEETING, WE BEGAN TO INCREASE LEASE VIOLATIONS FOR, YOU KNOW, WHAT, WHAT WOULD BE CONSIDERED MORE MINOR ITEMS LIKE NOISE VIOLATIONS AND LOITERING.

UM, AND KIND OF TOOK A, TOOK A, A MUCH MORE ACTIVE APPROACH AT EVICTING FOLKS FOR THINGS THAT GENERALLY THROUGHOUT OUR PORTFOLIO, UM, WE DO NOT EVICT FOLKS FOR.

BUT, UH, THAT WAS THE DIRECTION AND, AND WHAT THE, WHAT THE DPD WE THOUGHT THE DPD WANTED US TO DO.

AND THAT'S WHAT WE DID.

AND AS A RESULT, OUR OCCUPANCY HAS DECREASED DRAMATICALLY.

HMM.

OKAY.

AND, UM, THAT IS YOUR TIME.

OKAY.

THANK YOU, CHAIR.

THANK YOU.

UH, MR. HAY, NO MORE .

UM, YES, MR. BALDERSON, DO YOU, UH, HOW MANY PROPERTIES ACROSS THE US DO YOU GUYS OWN? UH, I WOULD SAY APPROXIMATELY 70.

AND DO YOU HAVE ANY OTHER PROPERTIES THAT

[01:25:01]

HAVE A SIMILAR CRIME DATA MAKEUP? I WOULD SAY IN, IN PHILADELPHIA WHERE WE'RE BASED, UM, WE OWN A LOT OF PROPERTIES IN NORTH PHILADELPHIA.

MM-HMM.

, UH, WE DON'T HAVE ANY, UH, TYPE OF HABITUAL CRIME DESIGNATIONS ANYWHERE ELSE.

BUT I WOULD SAY, UH, UH, THE, THE CRIME IN NORTH PHILADELPHIA IS NOT GREAT.

OKAY.

AND I AGREE WITH THAT, AND I'M FAMILIAR WITH THAT AREA.

HMM.

UM, AND THEN DO YOU THINK THAT THIS LAG IN OCCUPANCY, IT WILL, IT'S JUST KIND OF THE DOWNTURN? UM, I WOULD ASSUME THAT AS WORD GETS OUT THAT YOU GUYS ARE CLEANING UP YOUR PROPERTY, THAT, UM, WITH THESE, UH, RENTS THAT THEN ALSO YOUR OCCUPANCY WOULD KIND OF SWING BACK UP, DO YOU THINK IN YOUR STRATEGIC VISION THAT'S YOUR, THAT'S WHAT YOU'RE THINKING ALSO? YEAH, I THINK THAT'S ACCURATE.

I MEAN, WE DO GET, THERE'S A, THERE'S A HUGE NEED FOR AFFORDABLE HOUSING.

WE DO GET A LOT OF, UH, UH, APPLICANTS FOR THE PROPERTY.

AND WE'RE, YOU KNOW, I THINK OUR, OUR GOAL IS TO, TO LEASE IT UP IN A VERY THOUGHTFUL WAY TO MAKE SURE THAT WE DON'T GO BACKWARDS.

SO WE, WE WILL, WE DO EXPECT TO LEASE IT UP, BUT IT MAY TAKE A LITTLE WHILE BECAUSE WE ARE VERY CONCENTRATED ON MAKING SURE THAT WE HAVE THE RIGHT RESIDENCE THERE.

OKAY.

THANK YOU.

SHANNON.

UM, DOES THE, DOES THE SUDDEN DROP OFF IN OCCUPANCY AND WOULD A FURTHER DROP OFF IN OCCUPANCY, DOES THAT, UM, IMPACT YOUR EFFORTS TO SORT OF, OR CLEAN UP AND IMPROVE THE PROPERTY, UH, IN THE SENSE THAT YOU MAY HAVE LESS MONEY TO DO THAT WITH? UM, I, I WOULD, I WOULDN'T SAY THAT.

I THINK THAT, AGAIN, I, I THINK THAT THE EFFORTS, YOU KNOW, THAT WE TOOK MONTHS AGO HAVE MADE A VERY, VERY SUBSTANTIAL IMPACT.

AND THAT'S BORNE OUT IN THE DATA.

AND, UH, YOU KNOW, THAT WORK HAS BEEN DONE.

UH, OBVIOUSLY IT'S, UH, A FINANCIAL BURDEN TO US.

UM, BUT, YOU KNOW, I THINK, AGAIN, IT'S SOMETHING THAT WE WANTED TO BE, YOU KNOW, GOOD CORPORATE CITIZENS AND WE WANTED TO WORK COLLABORATIVELY WITH THE DPD, AND WE IMPLEMENTED THOSE MEASURES AND WE, UH, ACCEPTED THE FINANCIAL CONSEQUENCES WHEN WE DID SO.

OKAY.

UM, AND THEN GOING BACK TO THE, UH, THE AGREED INJUNCTION FROM 2020, UM, DO, CAN YOU TELL US, UH, IF YOU REMEMBER, OR YOU KNOW, WHAT, WHAT KIND OF INTERACTION YOU HAD, IF ANY, WITH THE CITY AND DPD PRIOR TO THAT LAWSUIT BEING FILED? UH, I WOULD SAY SUBSTANTIALLY NONE.

OKAY.

SO IT WASN'T LIKE THEY HAD COME TO YOU AND ASKED YOU TO DO STUFF AND YOU SAID NO, AND THEY SAID, WE'RE GONNA FILE A LAWSUIT.

NO, IT CAME COMPLETELY OUT OF THE BLUE.

UM, WE WERE, I WAS VERY SURPRISED TO SEE IT INITIALLY.

UM, AND THAT THEN STARTED THE DISCUSSION.

BUT NO, IT, IT WOULD'VE BEEN GREAT TO, TO, UM, HAVE DONE THAT PRIOR.

AND THEN HOW QUICKLY FROM WHEN YOU FOUND OUT ABOUT THE LAWSUIT TO AGREEING TO DO THESE STUFF, HOW LONG DID THAT TAKE? I WOULD SAY A BACK AND FORTH OF A COUPLE WEEKS MAYBE.

OKAY.

UM, I CAN, IF WE, DURING RECESS, I CAN LOOK AT, IT'D BE A MATTER OF GOING TO THE DOCKET.

I'M JUST TRYING TO GET AT, WAS THERE A LOT, DID YOU GUYS, WERE YOU VERY RESISTANT TO THAT? WAS THERE A LOT OF FIGHTING OR WAS IT LIKE NO, I, I WAS ON, I WAS ON ESSENTIALLY, UM, I, I HAD WORKED WITH THE CITY.

I MEAN, IT'S, I GET YOU GUYS DON'T KNOW ME AS A LAWYER, BUT I'M VERY PRAGMATIC.

I, I'M LIKE, TELL US WHAT YOU WANT TO DO AND IF IT'S AN EASY YES, THEN YES.

UM, AND THEY GAVE US LIKE A LONG LIST THEN I, I THINK, I THINK EVERYTHING, EVERYTHING IN THE SUBSTANCE WE AGREED TO.

YEAH.

I THINK IT WAS JUST WE HAGGLED A, A VERY LITTLE, A LITTLE BIT OVER SOME OF LIKE THE, THE LAWYER LANGUAGE UP, UP TOP.

AND LIKE, IF YOU GO TO THE MIDDLE, THAT'S WHERE THE, THE MEASURES ARE.

RIGHT.

AND ME BEING A LAWYER AND THE OTHER SIDE BEING A LAWYER, WE HAGGLED OVER THE LANGUAGE UP TOP AND BELOW, BUT I DON'T THINK THERE WAS VIRTUALLY ANY HAGGLING OVER THE ACTUAL SUBSTANCE.

YEAH.

AND THE MAJOR INVESTMENTS THAT WE WERE ASKED TO MAKE, INCLUDING, YOU KNOW, CONSTRUCTION OF GATES AT THE ENTRANCES, WHICH IS, WAS A VERY SUBSTANTIAL EXPENSE.

I MEAN, WE, WE DID IT RIGHT AWAY.

OKAY.

THANK YOU.

NO.

UM, ALL RIGHT.

CAN I, CAN I MAKE A REQUEST BEFORE WE GO TO THE NEXT, BEFORE WE, THEY GET TO PUT ON THEIR CASE IN CHIEF? CAN WE TAKE A BRIEF RECESS? YES, ABSOLUTELY.

OKAY.

I WAS GOING TO, UH, TAKE THE RECESS 'CAUSE I NEED A RECESS.

UM, AND UH, BEFORE WE DO THAT, I WAS JUST GONNA LET YOU GUYS KNOW, UH, THAT THE APPELLANTS HAVE USED, UH, 27 MINUTES OF THEIR TIME

[01:30:01]

AND THE CITY HAS USED 17 MINUTES.

UM, YOU EACH HAVE 30, UH, PLUS A BRIEF CLOSING ONCE WE GET ADDITIONAL TIME BY UNANIMOUS CONSENT FROM THE BOARD.

UH, IT IS NOW 10 15 AND WE WILL TAKE A FIVE MINUTE RECESS.

THANK YOU CHAIR.

FIX IT.

I THINK THE , THEY WATER WATERS AND I'LL THANK YOU MUCH.

OH.

OH, THANK YOU.

NO, NO.

FIRST DAY TAKEN, THANK RESTROOM DID REPLACED WHAT COULD CURRENT DO? RESPONDING THE PROGRAM AND IDENTIFY, YOU KNOW, A NON SCENARIO WE UP AND THEY, THEY MUCH MORE SOPHISTICATED APPROACHING, YOU KNOW, A LEVEL OF REASONING, BUT THAT, THAT GOES, GOES BEYOND, SUPPOSEDLY GO BEYOND ME PROGRAMMING, YOU KNOW, AND THEY HAVE PATTERN RECOGNITION AND ALL THIS STUFF, BUT MINI AND YOU KNOW, MY BEST FRIEND'S GOT TWO TESLAS.

UM, HE DROVE FROM CHICAGO TO SAN FRANCISCO READING BOOKS.

YOU KNOW, THERE, THERE HAS TO BE A DRIVER IN THE CAR, OBVIOUSLY, BUT, YOU KNOW, HE WAS READING BOOKS THAT'S SLEEPING YEAH.

UM, ON THE HIGHWAY.

UM, AND SO HE'S A BELIEVER, BUT IF HE CAME ACROSS SOME KIND OF A WEIRD SITUATION AND THE CAR DIDN'T KNOW WHAT TO DO, HE'D HAVE BEEN THERE.

BUT, SO HE, SO I, I'M AMBIVALENT ABOUT THAT.

HERE'S WHY.

BECAUSE ON THE ONE HAND, THE CARS DON'T HAVE INTUITION.

RIGHT? RIGHT.

THEY DON'T HAVE THOUGHT, LIKE YOU OR ME, WE'RE DRIVING DOWN THE STREET IN DOWNTOWN AND THERE'S A GUY STANDING ON THE CORNER OF, AND YOU CAN LOOK AT HIM AND SEE WHETHER HE'S GONNA, AND YOU CAN GET AN IDEA OF WHETHER OR NOT HE'S GONNA STEP OFF THE CURB IN FRONT RIGHT.

BEFORE HE DOES.

RIGHT.

YOU KNOW? UM, AND A COMPUTER CAN'T DO THAT 'CAUSE IT DOESN'T HAVE THAT HUMAN LEVEL OF INTUITION.

WHAT, WHAT COGNITIVE PSYCHOLOGISTS CALL, CALL MIND READING.

RIGHT.

UM, AND IT INCIDENTALLY, IT'S, IT'S SOMETHING THAT, UH, PEOPLE WHO HAVE AUTISM LACK AS WELL.

SURE.

RIGHT.

AND

[01:35:01]

SO I THINK THAT THE CARD, I THINK THEIR LEVEL OF REASONING IS, AND, YOU KNOW, NOT ABILITY, IT'S FINE.

BUT, BUT I THINK IT'S SIMILAR TO LIKE THE AUTISTIC PERSON.

UM, THEY DON'T, IT DOESN'T HAVE THAT CUE IN THE MIND READING.

YEAH.

PICKING UP THE LITTLE TELLTALE CUES ON THE OTHER HAND.

AND AS A LAWYER, YOU KNOW, THE, THE COUNTER ARGUMENT I THINK TO THAT IS THE ESSENCE ABOUT THEY DON'T HAVE TO BE PERFECT.

THEY DON'T EXPECT PERFECTION.

BUT I CANNOT WAIT FOR THE, BUT I MEAN MY, WE LEFT 16 YEAR OLDS THAT HAVE NO DRIVING, JUST, BUT THEN IT'S JUST A QUESTION OF WHY RIGHT NOW.

BUT, YOU KNOW, SO, SO PLAY IN THE BACK.

THE METRIC IS NOT, THEY HAVE TO MAKE THE RIGHT DECISION ALL THE TIME.

IF THEY ONLY, THEY ONLY HAVE TO BE GOOD ENOUGH TO PASS A, THAT'S THE STANDARD.

I DON'T THINK THAT'S THE STANDARD.

WE WELL, HUMAN BEING, WHY DON'T, WHY DON'T YOU GO APPLY STANDARD, WE'LL PUT MORE TIME ON COMPUTERS.

CAN WE ASK A PROCEDURAL REQUEST? SHE NEEDS TO GO PUT A LITTLE MORE TIME ON THE METER.

ON THE METER.

I'VE TOOK TWO HOURS, BUT IT'S EXPIRING.

LIKE RIGHT NOW.

SHE DOESN'T NEED TO BE HERE FOR THE NEXT LIKE 10 OR 20 MINUTES.

RIGHT.

I THINK WE'RE NO, YOU DON'T, YOU DON'T HAVE TO.

UH, WE, EVERYBODY'S ASKED QUESTIONS OF YOU, SO NO, BUT IF YOU'RE JUST GONNA RUN UP THERE AND, AND FEED YOUR METER, WE CAN WAIT.

IF YOU WANT TO BE HERE.

DO I COME BACK IN OR JUST WAIT OUTSIDE OR YOU COME BACK IN? OKAY.

AND THEN I HAVE ABOUT AN HOUR AND SIX MINUTES LEFT.

SO IN ABOUT AN HOUR, CAN WE TAKE ANOTHER BREAK SO I CAN RUN, GO PUT SOME TIME.

FIVE METER MINE'S UPSTAIRS.

ARE THEY NOT? CAN YOU NOT DO IT THROUGH THE APP? I, I'VE TRIED, BUT IT WON'T LET ME EXTEND.

WILL IT? MAYBE, MAYBE I'LL TRY AGAIN.

IF IT'S A TWO, IF IT'S A TWO HOUR LIMIT, IT'S, YEAH, IT WAS FOUR, BUT I ONLY GET TWO HOURS.

BUT I'M, I'LL BE RIGHT BACK.

I'LL COME BACK AND I'LL, I'LL BE HERE.

I'VE GOT AN HOUR LEFT, SO, UM, OKAY.

BEFORE I'LL NEED A BREAK.

I APOLOGIZE.

IT'S ALL RIGHT.

I'M GONNA NEED A BREAK IN AN HOUR TOO.

OKAY.

, I PUT IT ON LOW AND IF IT GETS TOO HOT AND JUST WRITE IT OFF AND UNFORTUNATELY IT DOESN'T OSCULATE ANYMORE.

I DON'T WANT IT.

I'M PERFECTLY GOOD.

.

IT'S FANTASTIC.

YEAH.

IT USED TO OSCULATE WHEN I FIRST BOUGHT IT.

YOUR BRAIN WORKS BEST AT 55 TO 57 DEGREES.

WELL, AND BELOW 60 DEGREES WHITE FAT TURNS INTO BROWN.

THANK YOU.

ALL THOSE, UM, MY BRAIN WORKS BEST AT 70 .

OKAY.

IS THERE ANYBODY ELSE HERE MY AGE THAT GOT A CHUCKLE WITH MAJOR NELSON? NO.

AM I THE ONLY ONE? .

OKAY.

ALRIGHT.

HAVE EVERYBODY BACK.

CAN WE GET THE FOLKS THAT ARE ONLINE? IF YOU'RE BACK AT YOUR, UH, COMPUTERS, IF YOU CAN TURN ON YOUR CAMERAS WHEN WE SEE YOU, WE WILL GET STARTED.

IS MS. WILLIS ON? SHE IS, SHE DOESN'T HAVE HER CAMERA ON.

OKAY.

I I DON'T KNOW IF SHE'S BACK YET.

.

OKAY.

UH, MS. WILLIS, WHENEVER YOU'RE BACK, IF YOU COULD PLEASE TURN ON YOUR CAMERA.

I'M HERE.

OKAY.

ALL RIGHT.

IT IS NOW, UH, 10 24 AND WE ARE BACK FROM OUR RECESS.

AND, UH, WE HAVE CONCLUDED THE APPELLANT'S PRESENTATION AND WE WILL NOW, UH, GO FORWARD WITH THE CITY'S PRESENTATION.

HERNANDEZ.

THANK YOU.

HONORABLE CHAIR.

THANK YOU.

HONORABLE BOARD MEMBERS.

UH, I'M JUST CONFIRMING THAT I HAVE 13 MINUTES FOR BOTH OF MY WITNESSES.

YOU HAVE, CORRECT.

13 MINUTES? YES.

OKAY.

[01:40:01]

THANK YOU.

ALL RIGHT, DETECTIVE HAYNES, UH, CAN YOU PLEASE STATE YOUR NAME AND, AND WHAT YOU DO FOR GPD? YES.

MY NAME IS SONIA HAYNES AND I'M A DETECTIVE IN THE NUISANCE ABATEMENT UNIT.

I'VE BEEN ON FOR 15 YEARS AND IN THE NUISANCE ABATEMENT SPOT FOR GOING ON FOUR YEARS.

AND SO YOU'VE ALSO WORKED NARCOTICS AND OTHER, OTHER DEPARTMENTS AS WELL WITHIN DPD? YES.

I WAS IN THE KNOCK AND TALK UNIT OVER THERE AS WELL.

OH, OKAY.

AND TURNING TO THE PROPERTY AT ISSUE, DOES THE NUISANCE ABATEMENT UNIT CURRENTLY HAVE A CASE ON THIS PROPERTY? YES.

AND ABOUT SINCE WHEN? ROUGHLY? WELL, ROUGHLY SINCE THE BEGINNING OF WHEN WE SENT THE LETTER OUT IN APRIL.

OKAY.

OF 2023.

OF 2023, OKAY.

AND YOU'RE AWARE OF A PREVIOUS, UH, LETTER THAT WENT OUT BACK IN, UH, I BELIEVE 2018? YES, I AM.

OKAY.

AND SO, UM, TYPICALLY WHEN, WHEN NUISANCE ABATEMENT TAKES ON THESE CASES, UH, WHAT ARE, I GUESS, WHAT ARE YOU LOOKING FOR AND WHAT IS YOUR UNIT LOOKING FOR? WE'RE NORMALLY LOOKING TO SEE IF IT MEETS THE AVAILABLE THRESHOLD, WHICH IS TYPICALLY FIVE FOR ANY PROPERTY.

UH, WITH THIS ONE IT CAME TO US AND IT HAD OF COURSE, MORE THAN THE FIVE AVAILABLES.

AND WOULD IT BE SAFE TO SAY IT HAD OVER AT LEAST 20 AVAILABLES? YES.

WITHIN AND PROBABLY SUBSTANTIALLY MORE THAN THAT, YES.

OKAY.

AND, UH, AFTER, WELL, LET ME ASK YOU THIS, THE, HAVE YOU PRIOR TO, UH, ENGAGING WITH THE PROPERTY, ONCE IT BECAME A CASE, HAD YOU HAD ANY PRIOR, UH, KNOWLEDGE OF MOUNTAIN CREEK APARTMENTS? YES, I HAD, I, I KNEW THAT IT WAS A CASE PRIOR, BEFORE I GOT IT THIS TIME WITH THE INJECTION.

AND PRIOR TO, UH, GROWING UP IN THE AREA, I'VE ALWAYS KNOWN OF THE CRIME AT THE PROPERTY.

OKAY.

SO GENERALLY IT'S HAD A, A REPUTATION FOR CRIMINAL ACTIVITY YES.

OCCURRING AT THE PROPERTY? YES.

OKAY.

AND SO, UM, WE'LL JUST DUE TO TIME CONSTRAINTS, WE'LL KIND OF SKIP DIFFERENT, UH, DATES WITHIN THE HCP LETTERS, UH, THAT ARE CONTAINED IN THE CITY'S BINDER.

BUT TO GIVE THE BOARD AN IDEA, UH, DID COMMUNITY PROSECUTION AS A TEAM, AS A GROUP ACTUALLY CONDUCT INSPECTIONS AT THE PROPERTY BEFORE THE BOARD MEETING? YES, WE DID.

AND, UH, WHAT WAS GENERALLY THE RESULT OF THAT? WHAT, WHAT DID YOU OBSERVE? UH, WHEN WE WENT TO THE LOCATION, I DIDN'T OBSERVE ANY, UM, A WHOLE LOT OF CRIME MEASURES IN PLACE.

I OBSERVED THAT THEIR GATES WERE WORKING AT THE TIME AND THAT THEY HAD A COUPLE OF SECURITY GUARDS, BUT I DIDN'T OBSERVE A WHOLE LOT OF, UM, MEASURES BEING PUT IN PLACE AT THE TIME.

OKAY.

AND SO YOU DID, BUT I DID MEET WITH THE PROPERTY MANAGER WHO WAS SPEAKING EARLIER, AND SHE STATED THAT SHE WAS A NEW MANAGER AT THE TIME.

OKAY.

AND, AND SPEAKING OF MANAGEMENT, UH HA HAS THERE BEEN CONSISTENT PRO UH, PROPERTY MANAGEMENT ON SITE? NO.

WHEN AS, AS FAR AS I'VE BEEN ON THE PROPERTY, JUST WITHIN MY TIMES OF ISSUING THE LADDER AND GOING OUT MEETING WITH PEOPLE, IT'S CHANGED A COUPLE OF TIMES.

AND WHEN I FIRST MET WITH THE MANAGEMENT, WE WERE EVEN MET WITH RESISTANCE.

THE MANAGER SAID THAT SHE WASN'T GONNA WORK WITH US, THAT SHE KNEW THAT ALL WE WANT, ALL WE WERE GONNA DO WAS SUE THEM ANYWAY.

SO SHE REALLY DIDN'T HAVE ANYTHING TO SAY TO US.

AND THEN THEY TRANSFERRED OVER TO A YOUNG MALE, AND THEN NOW I THINK THEY ENDED UP FIRING HIM, AND THEN NOW WE'RE DEALING WITH THE REGIONAL MANAGER.

OKAY.

AND, AND JUST TO BE CLEAR, UM, IT WASN'T, UH, MS. HEATHER, UH, AND I'M SORRY, I'M BLANKING ON YOUR LAST NAME, MS. HEATHER REER.

REER.

UM, THANK YOU.

UH, IT, IT WAS THE PROP ONSITE PROPERTY MANAGER.

ONSITE PROPERTY MANAGER.

OKAY.

AND, AND THE PERSON THAT'S CURRENTLY CON RELATIVELY CONSISTENTLY THERE IS THE ASSISTANT PROPERTY MANAGER? IT'S THE OFFICE MANAGER.

AND, UH, DO YOU HAPPEN TO KNOW HER NAME? UM, I REMEMBER TAMIKA, BUT I DON'T REMEMBER WHO I HAVE NOW.

OH, OKAY.

OKAY.

AND AS FAR AS THE ACCORD MEETINGS, UH, WHEN YOU WERE AT THE SECOND ACCORD MEETING? YES.

IN 2023? YES.

OKAY.

AND, AND TO BE FAIR, YOU WERE NOT PRESENT AT ANY COURT MEETING PRIOR TO THAT IN, BACK IN 2019? NO.

IS THAT CORRECT? I WASN'T.

OKAY.

AND WHAT WERE YOU HOPING TO LEARN AT THE FIRST ACCORD MEETING, OR I'M SORRY, THE SECOND ACCORD MEETING IN 2023? WELL, I WAS HOPING TO HEAR OF ANY MEASURES THAT THEY HAD IN PLACE THAT WOULD HELP BRING THE CRIME DOWN, BUT WHEN THEY CAME, THEY ASKED FOR MORE TIME TO BE ABLE TO PRESENT THE MEASURES.

THEY DIDN'T HAVE ANY MEASURES TO PRESENT AT THE TIME.

OKAY.

AND, AND, AND TO BE FAIR, THEY DID EVENTUALLY, UH, SEND US, UH, INFORMATION

[01:45:01]

OVER EMAIL, WHICH WE GENERALLY AGREED TO, UM, REVIEW YES.

BEFORE.

OKAY.

MM-HMM, AND, UH, WHAT I, I, I GUESS WHAT AVAILABLE, I GUESS JUST TO CUT TO THE CHASE, WHAT, WHAT AVAILABLE MEASURES WOULD YOU SAY WOULD BE REASONABLE FOR THIS PROPERTY THAT WERE NOT PRESENT BEFORE THE HCP LETTER WAS ISSUED? UH, OKAY.

YEAH, I WOULD SAY THE INCREASED LIGHTING.

I KNOW WE TALKED ABOUT THAT BEFORE AND THEY SAID THAT THEY INCREASED THE LIGHTING, BUT RECENTLY, AS OF LAST WEEK WHEN I PASSED BY THE PROPERTY, IT WAS DARK ON THE BACKSIDE OF THE PROPERTY, ON THE PER, ON THE, UH, PER PERSIMMON SIDE, WHICH WAS WHERE WE HAD A LOT OF THE CRIME AT PRIOR TO IT.

AND I HAVE PICTURES AS WELL THAT'S IN THE EXHIBIT TO SHOW THAT, UM, THEY COULD, UH, ALSO ADD CAMERAS AS YOU SEE IN THE, SOME OF THE SUMMARIES.

THEY HAVE EVEN STATED IN THE SUMMARIES THAT IT, THERE WERE NO CAMERAS POINTED TO THE SPOT OF WHERE THE CRIME TOOK PLACE AT.

UH, I WOULD ALSO SAY THAT THE MEASURES COULD INCREASE AS FAR AS WITH THE FRONT OFFICE WHEN THEY'RE DOING THE BACKGROUND CHECKS.

I'VE EVEN BEEN TOLD BY THE, THE OFFICE PEOPLE AND OTHER OFFICERS HAVE TO AS WELL, THAT THEY DO A LOT OF ONLINE RENTING.

SO THEY DON'T REALLY CHECK THE, THE ONLINE, UH, RENTALS WHEN THEY COME IN, THEY GO AHEAD AND LEASE TO 'EM ONLINE AND THEN THEY EVEN SHOW US AN ID AND ACT GOING TO VERIFY IF IT WAS REAL AND IT WASN'T.

SO I THINK THAT THEY COULD REALLY AMP IT UP ON THAT END WITH VERIFYING THAT THE PEOPLE ARE WHO THEY SAY THEY ARE AND THAT THEIR ID IS ACTUALLY REAL, SO THAT WE WON'T HAVE A CASE OF HAVING A PERSON THAT'S COMING IN AS A FEMALE WHEN IT'S ACTUALLY A ID THAT BELONGS TO A MAN.

AND EVEN WHEN THEY EVICTED THAT PERSON, THEY EVICTED THAT PERSON UNDER THAT FAKE NAME.

SO IT STILL DIDN'T FOLLOW THE TENANT UNDER THE REAL NAME.

AND, AND JUST GENERALLY, SHOULD AFFORDABLE HOUSING BE SAFE? YES, IT SHOULD.

AND YOU'VE ACTUALLY WORKED A CASE IN THIS SAME NEIGHBORHOOD WITHIN THE PAST COUPLE OF YEARS, IS THAT CORRECT? YES.

AND THAT DATA IS EVEN INCLUDED AS FAR AS MARK OUT DATA, WHICH YOU CAN BRIEFLY EXPLAIN TO THE BOARD IN A, IN A MOMENT, BUT, UM, THEY'VE BEEN SUCCESSFUL IN ABATING CRIME OR THE PRIOR CASE THAT YOU'D WORKED YES.

WITHOUT NAMING NAMES OF THE APARTMENT COMPLEX? YES, THEY WERE SUCCESSFUL.

AND WERE THEY, THEY PRETTY BAD WHEN IT WAS RECEIVED AS A CASE? YES, THEY WERE.

AND UH, AND BUT THEY WERE ABLE TO ABATE YES.

THE CRIME TO A LEVEL.

OKAY.

YES.

AND IT'S NOT FAR FROM THIS PROPERTY AT ALL.

AND, UH, I GUESS REAL QUICKLY, IF YOU COULD EXPLAIN TO THE BOARD, UM, WHAT THE MARK OUT DATA IS IN TAB EIGHT, THOSE COMPARABLE CRIME STATISTICS ON EXHIBIT EIGHT, WHICH WOULD BE THE CITY'S, UH, IT START AT PAGE FIVE EIGHTY FIVE, THE ADOBE ACROBAT PAGE FIVE EIGHTY FIVE.

THE MARK OUTS JUST SHOW ON THE FIVE EIGHTS ON ALL THE TIMES THAT THE CITY HAS TAKEN THE INITIATIVE TO SEND OUT POLICE ON THEIR OWN BECAUSE IT'S A HOTSPOT LOCATION DUE TO THE CRIME.

SO THEY'LL SEND OFFICERS OUT, HAVE 'EM SIT THERE AND GIVE EXTRA PATROL TO THE LOCATION FOR A CERTAIN AMOUNT OF TIME THROUGHOUT THE SHIFT BECAUSE OF THE CRIME AT THE LOCATION.

AND I BELIEVE MY TIME IS RAN.

IS THAT, OR DO I, UH, NO, YOU'VE GOT FIVE MORE MINUTES.

FIVE MORE MINUTES.

OKAY.

AND SO ARE THERE ANY OTHER, I GUESS FOR THE BOARD.

OKAY.

AND YOU, YOU PREVIOUSLY SAID THAT THIS, UH, UH, APARTMENT COMPLEX DOES HAVE A REPUTATION FOR CRIMINAL ACTIVITY.

YES.

AND I GUESS, YOU KNOW, DID, ARE YOU AWARE THAT THEY HAD LPRS OR LICENSE PLATE READERS BEFORE IT WAS TAKEN AS A CASE? NO, I WAS NOT AWARE OF THAT.

OKAY.

AND YOU TYPICALLY LOOK FOR THOSE? UH, YES.

OKAY.

I DO.

AND ARE YOU AWARE IF FLOCK IS CURRENTLY WORKING AT THEIR LOCATION OR THEIR CURRENT, UH, LICENSE PLATE READER? I'M NOT CURRENTLY AWARE OF IF IT'S WORKING OR NOT.

OKAY.

AND THEN ARE YOU AWARE OF DPD WORKING COLLABORATIVELY WITH OTHER PROPERTIES IN THE AREA? YES.

AND IN FACT, YOU'VE ACTUALLY GONE OUT WITH NPOS TO OTHER APARTMENT COMPLEXES? YES.

IN THE AREA LIKE PALLADIUM? YES.

LIKE HIGHLAND PARK APARTMENTS? YES.

AND LIKE THE HOMES I'M PURIN YES.

OKAY.

UM, IS THERE ANYTHING, UH, ANY OTHER QUESTION, UM, THAT YOU WISH I HAD ASKED YOU THAT YOU WOULD LIKE THE BOARD TO BE AWARE OF? WELL, I WOULD JUST LIKE TO SAY THAT I WOULD LIKE FOR THIS AREA AS FAR AS THE SHOOTING THE GANGS THAT'S AT THE LOCATION, BECAUSE I WAS JUST IN A MEETING.

I GO TO A, A WEEKLY MEETING WITH THE MANAGERS AND ALL OF THE CHAIN OF COMMAND EVERY WEEK AT THE SUBSTATION.

AND THE GANG AT THE

[01:50:01]

LOCATION IS A CONSTANT TOPIC.

AND IT WAS JUST A TOPIC THIS WEEK.

SO I WOULD LIKE FOR IT TO BE A SAFE LOCATION BECAUSE WE HAVE A DAYCARE THAT'S RIGHT ACROSS THE STREET.

WE HAVE ANOTHER SCHOOL THAT'S NOT EVEN A HUNDRED FEET AWAY THAT'S INSIDE OF THE NEIGHBORHOOD.

AND I WOULD JUST LIKE TO MAKE IT A SAFE LOCATION, LIKE WHAT WE WOULD ALL WANT TO LIVE IN.

YEAH.

NOTHING, NOTHING FURTHER.

OKAY.

FOR THIS WITNESS.

ALRIGHT.

UH, MR. GALIN.

OKAY.

UM, JUST BRIEFLY, UH, WE YOU ARE AWARE OF THE TYPE OF, OF BACKGROUND CHECKS WE DO ONLINE? I WAS TOLD ABOUT THE TYPE OF BACKGROUND CHECKS YOU DO ONLINE.

OKAY.

ABOUT THE MANAGER IN THE FRONT OFFICE.

OKAY.

AND THEN HAVE YOU, AND THEN WHAT'S IT CALLED? WE USE ID AND HAVE YOU, UH, IT'S, UH, AND YOU'RE AWARE WE USE ID VERIFY, WHICH IS A, A, A, IT'S AN ONLINE I IDENTIFICATION.

VERIFICATION SERVICE.

YES.

THAT'S WHAT THEY SAID.

OKAY.

PASS THE WITNESS.

WE GOOD? THANK YOU.

UH, MAY I REDIRECT BRIEFLY REVIEW FREQUENTLY.

YOU HAVE ONE MINUTE.

UH, YOU ACTUALLY HAVE THREE MINUTES REMAIN.

YOU CAN USE 'EM HOW YOU LIKE.

OKAY.

REAL BRIEFLY, DO YOU THINK THERE'S AN ISSUE WITH HOW THEY VERIFY ONLINE? YES, I DO.

AND DO YOU THINK THAT THEY SHOULD BE DOING MORE VERIFICATION IN PERSON? YES, I DO.

AND HAVE OTHER APARTMENT COMPLEXES THAT YOU'VE WORKED WITH ON THE PAST THAT HAVE BEEN PRIOR CASES, HAVE THEY IMPLEMENTED, UH, MEETING THEIR TENANTS ON IN PERSON AND THAT HAS ACTUALLY HELPED SUCCESSFULLY REDUCE CRIME? YES, IT HAS.

OKAY.

NOTHING FURTHER YOUR HONOR OR HONORABLE CHAIR.

UH, THANK YOU.

AND, UM, IT'S STILL YOUR TIME.

SO ARE YOU GONNA, YOU HAVE QUESTIONS FOR MR. HAYES? UH, YES.

HONORABLE CHAIR.

WE, WE BRIEFLY CALL, UH, CODE INSPECTOR, UH, HAYES.

UH, REAL BRIEFLY, UH, INSPECTOR HAYES, COULD YOU PLEASE INTRODUCE YOURSELF AND WHAT YOUR CURRENT, UH, WHAT YOU CURRENTLY DO FOR THE CITY OF DALLAS? UH, MY NAME IS RALPH HAYES AND I'M CURRENTLY THE, UH, CODE INSPECTOR ASSIGNED TO THE NUISANCE ABATEMENT TEAM HERE IN SOUTH CENTRAL.

OKAY.

AND HAVE YOU ACTUALLY BEEN ON THIS PARTICULAR CASE WITH MOUNTAIN CREEK FOR, UH, THE DURATION OF 2023? YES.

AND HAVE YOU ALSO BEEN A PART OF THE, THE PREVIOUS CASE OF MOUNTAIN CREEK APARTMENTS BACK IN 2019? YES.

AND BASED ON THAT, UH, HOW, WAS THERE A LOT OF CRIME BACK THEN IN 2018? YES.

AND THEY DID IMPLEMENT SOME MEASURES, SOME REASONABLE MEASURES AT THAT TIME BACK IN 20 18, 20 19, 20 20, IS THAT CORRECT? YES.

UH, AS A RESULT OF THE, UH, AGREED INJUNCTION, THEY DID IMPLEMENT SOME MEASURES, IN YOUR OPINION, WOULD IT BE FAIR TO SAY THAT CRIME THEN STARTED CREEPING BACK ON TO THE PROPERTY OR, UH, I WANNA SAY LAST YEAR, UH, CRIME STARTED, UH, CREEPING BACK ON, UH, TO THE PROPERTY? YES.

UM, PRIOR TO US EVEN, UH, MAILING OUT THE, UM, ACP PRESUMPTION LETTER, UM, I WENT OUT TO ASSESS THE PROPERTY, YOU KNOW, MONTHS BEFORE.

AND, UM, I, I SAW SOME OF THE MEASURES THAT WERE, UH, STATED IN THE AGREED INJUNCTION NOT FULLY BEING CARRIED OUT TO THIS POINT.

ONE BEING THE MAIN ENTRANCE GATE ON HIGHLAND HILLS, UH, WAS NOT OPERATIVE.

AND ORIGINALLY THAT WAS ONE OF THE, UH, MEASURES THAT, YOU KNOW, WAS IN PLACE FOR, UH, ALL GATES TO BE FULLY FUNCTIONAL.

AND, AND AS MR. UH PHILLIP MENTIONED EARLIER, THERE WAS A GREAT FINANCIAL BURDEN ON THEM, BUT THEY DID IT AND CRIME DID GO DOWN.

UH, I ALSO DID SEE A DECREASE IN SECURITY ON THE PROPERTY, AND I MAKE IT A HABIT TO GO AT LEAST ONCE EVERY COUPLE OF WEEKS AND DRIVE THROUGHOUT THE PROPERTY AND TAKE A MINIMUM OF A HUNDRED OR SO PHOTOS OF THE PROPERTY IN ITSELF.

AND THOSE PHOTOGRAPHS, AN EXAMPLE, THOSE PHOTOGRAPHS WOULD BE AN EXHIBIT, UH, OR THEY'VE BEEN INCLUDED IN, IN THE CITY'S EXHIBIT BINDER? YEAH, THAT WAS FROM MY, UH, LAST INSPECTION ON TAP.

WENT THROUGH EXHIBIT NONE.

OKAY.

AND, UH, I GUESS THIS WILL BE MY LAST QUESTION.

UH,

[01:55:01]

HAVE, ARE THERE REASONABLE MEASURES THAT YOU THINK THIS PROPERTY COULD BE DOING BASED ON YOUR PROFESSIONAL EXPERIENCE IN WORKING WITH DPD AND NUISANCE ABATEMENT GENERALLY AND COMMUNITY PROSECUTION THAT THIS PROPERTY HAS NOT IMPLEMENTED? UM, YES.

I HEARD FOR THE FIRST TIME TODAY THAT THEY'RE SWITCHING FROM THE ONLINE, UH, SCREENING AGENCY FOR NEW APPLICANTS.

THAT WAS THE FIRST TIME I'VE HEARD OF THAT.

AS OF YESTERDAY.

ONE OF THE, UH, NPO OFFICERS THAT WAS MENTIONED EARLIER TODAY, UM, BY, UH, MS. HEATHER, UH, SHE DID BRING A COPY OF AN ID WITH, UH, A FAKE PICTURE WITH A COMPLETELY SEPARATE NAME THAT THE OFFICE DIDN'T EVEN REALIZE THEY HAD LEASED THIS APARTMENT OUT TO, TO THIS YOUNG LADY AND DIDN'T EVEN REALIZE IT UNTIL ONE DAY SHE CAME INTO THE OFFICE HERE RECENTLY WITH HER WORK NAME BADGE ON, AND, UH, PERSONNEL IN THE OFFICE IS LIKE, WAIT A MINUTE, I THOUGHT YOUR NAME WAS SUCH AND SUCH.

AND THEN THEY PULL UP HER, YOU KNOW, ID AND IT'S A COMPLETELY DIFFERENT NAME.

AND YEAH, THAT, THAT SYSTEM WASN'T WORKING, UH, ONLINE, ANYONE CAN MANIPULATE, UH, THAT SYSTEM OF BEING SCREENED ONLINE.

SO, UH, IT'S GOOD TO HEAR THAT THEY WILL NOW START DOING FACE-TO-FACE SO THAT THEY CAN MATCH NAMES AND, UH, IDENT IDENTIFICATION AND SO ON AND SO FORTH.

UM, THAT YOUR JOHN OKAY, THANK YOU.

LET'S SEE.

YOU'VE GOT TWO MINUTES OR HE, I DON'T HAVE ANY CROSS OF HIM.

UM, I WOULDN'T MIND, WELL, I DON'T HAVE ANY CROSS OF HIM.

I WOULDN'T MIND HAVING, USING ONE MINUTE TO ASK ONE QUESTION ON A REBUTTAL.

BUT IF WE'RE YOU, YOU CAN DO THAT.

OKAY.

YOUR FINE.

SURE.

UM, I'D LIKE TO RECALL MS. REEDER, UM, UH, MS. REEDER, THERE WAS TESTIMONY WHILE YOU WERE OUT THAT, UM, ABOUT SCREENING APPLICANTS.

UM, WE DO MEET EVERY APPLICANT FACE-TO-FACE.

IS THAT CORRECT? WE DO.

PRIOR, UM, PRIOR TO THEM SIGNING THE LEASES AND MOVING IN AND, AND VERY BRIEFLY, 'CAUSE WE PROBABLY GOT ABOUT 30 SECONDS, WHAT DO WE DO TO SCREEN AND VERIFY? AND IF WE DISCOVER THAT SOMEONE IS NOT WHO THEY SAY WHO THEY ARE, WHAT DO WE DO? WE DENY THE APPLICATION.

OKAY.

'CAUSE IF THERE'S ANY INVALID OR INAPPROPRIATE, UM, INFORMATION, WHAT DO WE DO TO SCREEN? WE SCREEN, WE DO A FULL BACKGROUND.

WE TAKE THEIR ID, THEIR SOCIAL, DO A FULL BACKGROUND, FULL CREDIT CHECK, AND WE'VE EVEN IMPLEMENTED DOING A FULL EMPLOYMENT VERIFICATION ALONG WITH COLLECTING THE CHECK SUBSEQUENT.

AND IF WE, IF WE DISCOVER SUBSEQUENTLY AFTER THEY'VE ALREADY RENTED THAT THEY'RE NOT WHO THEY SAY THEY ARE, THEN IT'S IMMEDIATE EVICTION, UH, IT'S A VIOLATION, A 30 DAY NOTICE TO MOVE.

NOT FOR MONEY, JUST POSSESSION ONLY PASS THE WITNESS.

OKAY, THANK YOU.

WE WILL NOW GO TO BOARD QUESTIONS FOR, UH, THE CITY AND WITNESSES, UH, BEGINNING WITH MS. AYALA.

DO YOU HAVE, UH, ANY QUESTIONS? NOT AT THE MOMENT.

OKAY.

MS. WILLIS, DO YOU HAVE ANY QUESTIONS FOR THE CITY'S WITNESSES? UM, I HAVE ONE QUESTION, BUT I ALSO KIND OF HAVE A, SO IT, TO ME, IT SEEMS LIKE I HEAR SORT OF THE SAME ISSUES WITH APARTMENT COMPLEXES THAT'S LOCATED IN HOTSPOT AREAS.

AND THE KEY WORD TO ME IS HOTSPOT AREAS.

AND, AND THAT, WITH THAT BEING SAID, IN MY OPINION, I WISH THAT THERE WAS MORE COLLABORATION BETWEEN THE POLICE DEPARTMENT AND THESE APARTMENT COMPLEXES WHO REALLY DO SOUND LIKE THEY NEED MORE ATTENTION.

AND I, I GUESS MY QUESTION WITH THE WITNESSES IS ARE YOU ALL PROVIDING ANY RESOURCES TO THESE APARTMENT UH, MANAGERS, YOU KNOW, TO HELP THEM MAYBE PERHAPS START UP A PROGRAM WITHIN THAT COMPLEX THAT COULD PROBABLY HELP THEIR RESIDENTS, UH, YOU KNOW, IMPROVE THEIR QUALITY OF LIFE, UM, LIKE AN AFTERSCHOOL TYPE PROGRAM.

ARE YOU ALL PROVIDING ANY RESOURCES TO HELP THESE, UH, APARTMENTS, UH, KIND OF COME UP, YOU KNOW, UH, STEP IT UP IN THAT SENSE? I KNOW THAT YOU ALL

[02:00:01]

HAVE THE, UH, THE STIPULATIONS AND EVERYTHING LIKE THAT AS FAR AS SECURITY, BUT WHAT ABOUT RESOURCES TO HELP THEM, UM, IN IMPLEMENT SOME PROGRAMS OR CONNECT THEM WITH OUTSIDE SOURCES? I KNOW MY TIME IS LIMITED, SO YES MA'AM.

I CAN ANSWER THAT.

WE HAVE A CITY CAMERA THAT WE PLACE OUT THERE AT THE PROPERTY, BUT AS FAR AS WORKING WITH THEM, I WORK CLOSELY WITH THE NPOS THAT'S OUT THERE AT THE STATION THAT'S STATIONED IN THEIR AREA.

AND THE NPOS ARE, ARE CONSTANTLY OUT THERE AT THAT PROPERTY.

THEY TRY, I KNOW FOR A FACT THEIR NPO OFFICER HAS TRIED TO ORGANIZE A CRIME WATCH MEETING WITH THEM, WHICH THEY HAVE YET TO ATTEND, WHICH IS WHAT I'VE, I'VE BEEN TOLD.

CAN YOU CLARIFY NPO, WHAT DOES THAT MEAN? THE NEIGHBORHOOD POLICE OFFICER MA'AM, THAT'S ASSIGNED TO THEIR AREA.

OKAY, THANK YOU.

YOU'RE WELCOME MA'AM.

NO FURTHER QUESTIONS.

CHAIR.

THANK YOU.

OKAY, THANK YOU MS. UH, WILLIS.

UH, MS. TORRES, DO YOU HAVE ANY QUESTIONS? YES, CHAIR.

UM, BEFORE I HAVE THE QUESTIONS, DO YOU HAVE THE NAMES OF THE CITY WITNESSES? UH, I DID GET INSPECTOR HAYES, UH, IT'S INSPECTOR HAYES AND DETECTIVE HAYNES HAYNES? YES.

OKAY.

JUST 'CAUSE I WANNA ADDRESS YOU PROPERLY.

THANK YOU.

UM, SO DETECTIVE HAYNES, I GUESS I'LL START WITH YOU.

IN YOUR OPINION, UM, HAS THIS APARTMENT COMPLEX BEEN RECEPTIVE TO CHANGES BASED ON, UH, YOUR EXPERIENCE WITH SOME OTHER SIMILAR APARTMENTS? IN MY OPINION, MA'AM, THEY'VE CHANGED A, A LOT OF THINGS, BUT THEY HAVEN'T BEEN OPEN TO THE ONE MAIN THING THAT I THINK WOULD MAKE A CHANGE.

'CAUSE WHEN I HAVE, UM, UM, JUST LIKE INSPECTOR, UH, HAYES SAID, I GO BY THERE ALMOST ON A DAILY BASIS WHEN I'M OUT IN, YOU KNOW, OUT IN THE FIELD.

AND SO WHEN I'M OUT IN THE FIELD AND I PASS BY THERE AND I DO MY REGULAR DAILY INSPECTIONS, UH, SOMETIMES I OBSERVE THREE OFFICERS THERE AND IT'S ALWAYS GONNA BE ONE AT THE FIRST GATE AND I'LL SEE MAYBE ONE, AND SOMETIMES IT'S FOUR, SOMETIMES IT'S THREE THAT I SEE AND I'LL SEE MAYBE TWO AT THE GUARD SHACK OR ONE AT THE GUARD SHACK AND THEN ONE ACROSS THE STREET AT THEIR ASSISTANT PROPERTY, WHICH IS NOT EVEN THE MOUNTAIN CREEK PROPERTY.

AND THIS IS A PLACE WHERE WE'VE HAD THE GUARD SHACK SHOT UP AT AND THEY'VE SHOT AT THE SECURITY OFFICERS.

SO MY WHOLE MAIN CONCERN IS THE SAFETY FOR THE SECURITY OFFICERS AS WELL AS THE RESIDENTS AT THE LOCATION.

SO THAT'S THE ONE THING THAT I THINK THAT THEY ARE NOT BEING RECEPTIVE TO.

MM-HMM.

THEY DID MENTION, UM, WELL, YEAH, THAT MAKES SENSE.

AND UM, FOR INSPECTOR HAYES, YOU WERE TALKING ABOUT HOW SOME MEASURES WERE NOT FULLY CARRIED OUT.

YOU TALKED ABOUT THE GATE WAS NOT FULLY FUNCTIONAL, THERE WAS A DECREASE IN SECURITY, ACCORDING TO YOU.

AND, UM, BUT I GUESS WHAT ELSE COULD THEY BE DOING? UM, UM, I, I BELIEVE THAT, UM, WITH SOME OF THE MEASURES THAT THEY'VE IMPLEMENTED, BECAUSE WE'RE FAIR ACROSS THE BOARD, IF THEY'RE DOING SOME WORK, THEY'RE DOING SOME WORK AND THUMBS UP FOR THAT.

UM, I JUST HATED THAT IT TOOK A LITTLE BIT LONGER, YOU KNOW, TO CRANK UP.

BUT NEVERTHELESS, YOU'RE DOING THAT.

A LOT OF THE PROBLEMS ARE FROM WITHIN, A LOT OF THE PROBLEMS ARE, UH, THE TENANTS THAT ARE SELLING DRUGS OUT OF THE UNITS.

UM, YEAH, A LOT, A LOT OF CRIMINAL ACTIVITY IS FROM THE TENANTS THAT ARE CURRENTLY THERE.

SOME OF THE MEASURES THAT ARE BEING IMPLEMENTED ARE TO KEEP PEOPLE FROM COMING OFF THE PROPERTY AND TO THE PROPERTY, BUT A LOT OF IT ARE THE, THE TENANTS THEMSELVES.

UM, AND THAT'S GOES BACK TO THE SCREENING PROCESSES OF HOW YOU, UM, ALLOW AND SCREEN PEOPLE, YOU KNOW, TO, UH, THE APPLICANTS TO LEASE OUT TO THEM.

UM, I KNOW WE JUST HEARD, UH, MS. HEATHER STATE THE PROCESSES OF IT, BUT AGAIN, AS OF YESTERDAY, LATE AFTERNOON, WE DID HAVE THE SAME MPO, UM, NPO ROLLINS GIVE US A COPY OF, UH, THE FAKE ID AND THE PERSON WITH COMPLETELY DIFFERENT NAMES.

AND TO THEIR CREDIT, UM, I BELIEVE THE INDIVIDUAL, THE NAME ON THE ID WAS LAST NAME WAS SOSA.

I WANNA SAY TO THEIR CREDIT, I BELIEVE THAT THEY DID, UH, EVICT THAT, THAT YOUNG LADY OR START THOSE PROCEEDINGS AFTERWARDS.

BUT IT JUST SHOWS HOW BEING IN PERSON, GETTING THAT INFORMATION DIRECTLY, UH, FROM THAT INDIVIDUAL, SEEING THAT INDIVIDUAL MATCHING UP EVERYTHING ON THE ID IS, IS, IS, IS GREATER, IS IS BETTER, UH, AS A WHOLE, HONESTLY AND TRUTHFULLY.

AND THAT WILL AGAIN, ASSIST WITH DECREASING SOME OF THE CRIMINAL ACTIVITY ON THE PROPERTY BECAUSE AGAIN, SOME OF IT IS ALSO ON THE, ON THE TENANTS THEMSELVES.

YOU MENTIONED THERE IS A, UH, SORRY,

[02:05:01]

UH, MS. TORRES, THAT'S YOUR TIME FOR THIS ROUND.

UM, SURE.

MR. HAYES, I DO HAVE A COUPLE QUESTIONS.

ALL RIGHT.

UH, HAYES TO HAYES, UM, I'M CONFUSED.

I THOUGHT YOUR ROLE IS CODE COMPLIANCE, NOT LAW ENFORCEMENT.

IT IS, SIR.

IT'S OKAY.

AND IN EVERY OTHER HEARING WE'VE HAD, WE'VE ADDRESSED THE ISSUES OF FIRE AND SAFETY CODE VIOLATIONS, YET I'VE HEARD NOTHING.

UH, SO CAN I ASSUME THAT THE UNITS ARE CLEAR FROM THAT STANDPOINT THAT THERE'S NO MAJOR CODE VIOLATIONS THERE ARE MINOR CODE VIOLATIONS ON THE PROPERTY? WELL, THERE'S ALWAYS MINOR CODE VIOLATIONS, BUT THERE'S NO MAJOR CODE VIOLATIONS.

UH, NOT TO MY KNOWLEDGE.

OKAY.

NOW WE'LL GO FROM HAYES TO HAYNES .

UM, AND DOES NOT, DOES THE DPD NOT OFFER ASSISTANCE TO APARTMENT MANAGEMENT DEPARTMENT IN STAGING CRIME PREVENTION AND AWARENESS MEETINGS FOR RESIDENTS? AND HAS THAT EVER BEEN OFFERED TO THIS PARTICULAR COMPLEX AND BEEN DENIED? YES, SIR.

THE NPO FOR THAT LOCATION HAS BEEN TRYING TO SET UP A CRIME WATCH MEETING WITH THAT, WITH THAT MANAGEMENT TEAM.

AND THEY HAVE NOT BEEN RECEPTIVE.

THEY HAVE NOT ACCEPTED THE CRIME WATCH MEETING.

THEY HAVE YET TO GO TO ONE OR ACCEPT IT.

AND I, I KNOW THAT ONE.

OKAY.

THANK YOU.

YOU ARE WELCOME.

BUT THAT'S DIFFERENT A CRIME WATCH MEETING OR ARE WE BOTH TALKING ABOUT THE SAME THING? 'CAUSE IN OTHER CASES THEY'VE HAD MEETINGS WITH RESIDENTS THAT ARE FOCUSED ON AWARENESS OF YOUR SURROUNDINGS AND THINGS LIKE THAT.

ARE WE BOTH TALKING ABOUT THE SAME KIND OF MEETING? MM-HMM.

BECAUSE AT THE CRIME WATCH MEETING, THIS IS WHERE THEY'RE FREE TO MEET WITH THE MANAGER.

THEY'RE FREE TO TELL, THE MANAGER IS FREE TO TELL THE NPO OFFICER ANY CONCERNS THAT THEY HAVE, ANY NEEDS THAT THEY HAVE.

AND THEN THEY'RE ALSO FREE TO TELL 'EM WHEN THEY'RE OUT THERE BECAUSE IT'S BEEN SEVERAL TIMES WHEN I'VE BEEN THERE TO CONDUCT AN INSPECTION ON MY END FROM THE NUISANCE OF AMEN UNIT.

AND I'VE BUMPED INTO THE NPO OFFICERS OUT THERE JUST DOING THEIR REGULAR DUTIES OUT THERE.

OKAY.

THANK YOU.

YOU'RE WELCOME, SIR.

DONE.

ALRIGHT.

THANK YOU.

MS. SHIN, DO YOU HAVE, UH, QUESTIONS? I DONE.

DID MR. HAYES ASK THEM ALL? YEAH, I, I'M GOOD.

THANK YOU CHAIR.

IT'S GOOD AT THAT.

UM, I HAVE A COUPLE OF QUESTIONS.

UM, DE DETECTIVE, YOU SAID THAT, UM, YOU, YOU OPENED THE CASE ON THIS IN APRIL OF THIS YEAR? YES, SIR.

OKAY.

HAD, UH, HAD YOU VISITED THE PROPERTY PRIOR TO THAT? I'VE BEEN BOUGHT A PROPERTY I HADN'T VISITED PRIOR TO THAT.

OKAY.

DID YOU, UH, BEFORE THAT LETTER WITH THE PRELIMINARY DETERMINATION, HAVE YOU DONE ANY, UH, ASSESSMENT OR INVESTIGATION OF WHAT REASONABLE STEPS THE PROPERTY MANAGER WAS TAKING TO ABATE CRIME THERE? WELL, THAT'S WHAT THE PARTY MEETING IS FOR, IS TO MEET WITH THEM AND LET THEM, 'CAUSE I CAN'T MAKE ASSUMPTIONS ON WHAT THEY HAVE DONE.

SO IT'S TO MEET WITH THEM AND GIVE THEM THE OPPORTUNITY TO TELL US, OKAY, WELL THIS IS WHAT STEPS BEFORE WE MAKE ANY ASSUMPTIONS ON GOING FORWARD WITH DESIGNATING THEM AS A HABITUAL CRIME PROPERTY.

OKAY.

WERE YOU AWARE OF THE STEPS THAT THEY HAD TAKEN IN RESPONSE TO THE INJUNCTION? UH, I WAS AWARE OF THE INJUNCTION, BUT I WASN'T HERE FOR WHEN THE INJUNCTION WAS PLACED.

OKAY.

UM, ALSO, UH, YOU SAID THERE WAS ONE THING THAT THEY'VE, THAT YOU THINK WOULD BE GOOD THAT THEY WERE STILL RESISTED DOING AND I DIDN'T CATCH WHAT THAT ONE THING? OH, THAT WAS INCREASING THE SECURITY, SIR.

OKAY.

THE NUMBER OF SECURITY GUARDS THAT THEY HAVE.

YES, SIR.

MM-HMM.

BECAUSE TO ME, IF I MAY ELABORATE, ELABORATE ON THAT.

IF YOU'RE SENDING ONE OFFICER, ONE SECURITY OFFICER OUT THERE TO WALK THAT PROPERTY OF THAT SIZE WITH THESE YOUNG GUYS THAT'S IN A GANG, THEY'RE SHOOTING UP IN THE AIR, THEY'RE OUT THERE, THEY'RE EQUIPPED WITH DRACOS, THEY'RE EQUIPPED WITH GLOCK, WITH EXTENDED MAGS AND WITH THE, UH, MAGS THAT TURN 'EM INTO SEMI ROUTES WHERE THEY CAN JUST KEEP GOING, KEEP GOING AND KEEP GOING.

THAT'S NOT SAFE EVEN FOR THEIR SECURITY GUARD OFFICER.

AND THAT'S NOT A GOOD SITUATION TO PUT ANYBODY IN.

OKAY.

SO THAT'S, THEY HAVE THE FOUR NOW AND YOU, THAT'S WHERE THE EIGHT COMES FROM.

YOU THINK THEY SHOULD HAVE EIGHT? WELL, THEY SHOULD HAVE EIGHT.

AND THEY SHOULD AT LEAST INCREASE IT FROM WHAT THE, FROM THE FOUR.

I'M A REASONABLE PERSON.

SO IF THEY'RE SAYING THAT THE EIGHT IS TOO HIGH IN COST, IT SHOULD AT LEAST BE INCREASED FROM THAT FOUR.

THAT'S NOT SAFE.

OKAY.

BECAUSE THEY DON'T, THEY'RE ONLY PUTTING ONE PERSON THEY'RE SEEING ON FOOT OUT THERE, AND THEY'RE, THE FOUR THAT THEY'RE TALKING ABOUT IS SPREAD IT OUT ON THE PROPERTY.

THEY'RE NOT FOUR WALKING TOGETHER AND THEY'RE NOT FOUR GROUPED IN ONE SPOT.

'CAUSE I'VE ACTUALLY SEEN HOW THEY ARE WITH MY OWN EYES.

OKAY.

AND THEN AS FAR AS ANOTHER THING THAT I WANTED TO ELABORATE ON, WHEN I'LL GO OUT TO VISIT THE PROPERTY, I DON'T SEE THEM CHECKING CARS AND STOPPING CARS.

I SEE THEM SITTING DOWN IN THEIR CHAIRS AND THE CARS ARE LETTING THEMSELVES

[02:10:01]

IN THROUGH THE GATE WITH THEIR CARD.

SO I DON'T AGREE WITH THAT EITHER.

OKAY.

AND, UH, ON THE LIGHTING, DID YOU, AT THE ACCORD MEETING, DID YOU HAVE YOU LET THEM KNOW WHERE THE SPECIFIC AREAS YES.

THAT THEY NEED FOR INCREASED LIGHTING.

OKAY.

ALRIGHT.

UH, THANK YOU.

YOU'RE WELCOME.

TIME, UH, GOING BACK, MS. AYALA, DO YOU HAVE ANY, UH, QUESTIONS? I GUESS THAT WAS A NO.

UH, MS. WILLIS, DO YOU HAVE ANY MORE QUESTIONS? UH, NO.

AT THIS? NO, NOT AT THIS TIME.

THANK YOU.

OKAY, MS. TORRES, DO YOU HAVE ANY MORE QUESTIONS? I JUST HAVE A FOLLOW UP FOR DETECTIVE HAYNES.

YOU HAVE TWO MINUTES.

UH, DETECTIVE HAYNES, YOU MENTIONED A GANG.

IS THERE A GANG ON SITE THAT YOU ARE AWARE OF? YES, IT IS.

AND WE HAVE, UH, SENT THE GANG UNIT OUT THERE, D AS IN DPD.

THEY ARE ACTIVELY, UH, WITHOUT JEOPARDIZING ANYTHING, THEY'RE ACTIVELY LOOKING INTO IT.

AND THEN AS WELL AS THE TASK FORCE HAS BEEN OUT THERE TO THEIR LOCATION AND THE FUGITIVE UNIT HAS BEEN OUT THERE ALONG WITH SWAT.

OKAY.

THANK YOU.

NO FURTHER QUESTIONS.

AND THANK YOU BOTH FOR BEING HERE, DETECTIVE HAYNES AND DETECTIVE HAYES.

INSPECTOR HAYES.

THANK YOU.

THANK YOU MR. TORRES.

UH, MR. HAYES, UH, FOLLOW UP QUESTION FOR A DETECTIVE.

UH, THANK YOU FOR YOUR SERVICE, BY THE WAY.

THANK YOU, SIR.

UM, AM I INTERPRETING WHAT YOU'RE SAYING CORRECTLY? IF I, UH, MY INTERPRETATION IS YOU'RE SAYING THAT THERE ARE THREE OR FOUR OFFICERS, THERE ARE THREE OR FOUR SECURITY PERSONS THERE.

YES.

BUT TWO OR THREE OF 'EM ARE JUST SITTING IN ONE PLACE? YES.

WHEN I SEE 'EM, SOMETIMES THEY'RE GROUPED TOGETHER AT THE SHACK.

LIKE TWO OF 'EM MIGHT BE AT THE SHACK, ONE MIGHT BE AT THE FRONT BY WHERE THEIR OFFICE IS BECAUSE THEY'RE SEPARATED OUT, LIKE SHE SAID, THEY'RE IN FA IT'S KIND OF LIKE A PHASE WHERE THEY, THIS FIRST HAS, FIRST HALF HAS IT ON, IT'S ON GATE AND IT'LL BE A SECURITY GUARD SITTING THERE.

AND THEN YOU DRIVE DOWN A LITTLE BIT FURTHER AND THERE'S ANOTHER GATE WHERE THE SECURITY GUARD SHACK IS.

AND THEN THAT'S WHERE YOU HAVE THAT PERSON AT WHERE THEY ARE LETTING US, LETTING THEMSELVES IN AND OUT.

AND THAT'S WHERE YOU HAVE YOUR HIGH TRAFFIC AT.

SO YOU MIGHT SEE TWO PEOPLE SITTING THERE, OR YOU MIGHT SEE ONE PERSON SITTING THERE, AND THEN DIRECTLY ACROSS THE STREET FROM THERE IS ANOTHER 58 50 LOCATION THAT'S SEPARATE FROM THAT, THAT THEY'LL HAVE THE OTHER GUARD SITTING AT.

SO NOT ALL OF THEM ARE DESIGNATED TO THE 58 21 LOCATION.

OKAY.

SO THEY ACTUALLY NEED A SECURITY GUARD THERE.

SOMEBODY THAT'S TRYING TO ENTER THE PROPERTY IN THEIR CAR NEEDS A SECURITY GUARD TO OPEN THAT GATE.

THEY DON'T GET SOME SORT OF REMOTE CONTROL ONCE THEY'RE A LEGITIMATE RESIDENT.

I SEE THEM LETTING THEMSELVES IN WITH A CARD AT THE GATE, BUT I DON'T SEE ANYBODY WHEN, WHEN I'M THERE, WHEN I'M GOING BY PATROLLING, I DON'T SEE THEM STOPPING ANYONE FILLING OUT THAT SHEET.

LIKE ACTUALLY ASKING THEM WHO THEY ARE AND WHERE ARE YOU GOING? THEY'LL, THEY'RE JUST CONSTANTLY GOING IN THE GATE.

CONSTANTLY GOING IN THE GATE.

THEY'RE NOT STOPPING ANYONE.

SO I FEEL LIKE IF YOU'RE GONNA IMPLEMENT THAT, IMPLEMENT THAT TO WHERE WE WILL HAVE SOME SECURITY AND SOME SAFETY ON FOR THE RESIDENTS WHO ARE GOING IN THERE BECAUSE THESE YOUNG KIDS ARE THREATENING THE RESIDENTS AND THE RESIDENTS CAN'T REALLY SAY ANYTHING WITHOUT GETTING THEIR APARTMENT SHOT UP OR GETTING A BEER BOTTLE THROWN AT THE DOOR, OR, YOU KNOW, WHATEVER THE CASE MAY BE.

MAY.

SO THAT'S WHY I FEEL LIKE IT SHOULD BE MORE, IF THEY INCREASE THE SECURITY, THEY WILL HAVE MORE PEOPLE TO WALK AROUND, MORE PEOPLE TO MONITOR A PROPERTY OF THAT SIZE TO KIND OF HELP CUT DOWN ON SOME OF THAT.

THANK YOU.

YOU ARE WELCOME SIR.

HIN.

YES.

I HAVE A COUPLE QUESTIONS.

UM, THANK YOU FOR BEING HERE TODAY, DETECTIVE.

UM, YOU SAID THAT, UM, THERE WAS A DAYCARE AND A SCHOOL LOCATED.

HOW CLOSE ARE THEY? THE DAYCARE IS ON THE PERSIMMON SIDE, WHICH IS RIGHT ACROSS THE STREET FROM THE APARTMENT COMPLEX.

AND THEN THE SCHOOL ITSELF WAS LIKE AN ELEMENTARY SCHOOL.

AND SO IT'S LESS THAN A HUNDRED FEET AWAY FROM THE PROPERTY.

OKAY.

I FORGOT MY SECOND QUESTION.

THANK YOU.

OKAY.

UM, I REMEMBER THAT.

CAN I ASK? YEAH.

OKAY.

UM, WE HEARD TESTIMONY FROM, UM, THE PROPERTY MANAGER THAT, UM, OF THE APARTMENT COMPLEXES IN THAT AREA, THAT THEY ARE THE ONLY ONES WHEN THEY'RE, THERE'S A KIND OF GROUP MEETING WITH DBTE THAT, UM, THEY'RE QUICK TO SAY, YES, WE CAN DO THAT.

YES.

THAT WE CAN DO THAT.

DO YOU AGREE WITH THAT STATEMENT? NO, BECAUSE WE'VE WORKED WITH SEVERAL APARTMENT COMPLEXES IN THAT AREA AND NO ONE WOULD KNOW WHAT, WHAT OTHER PEOPLE ARE QUICK TO SAY BECAUSE

[02:15:01]

WE DON'T DISCLOSE WHO'S ON THE PROGRAM AND WHO'S NOT.

THAT'S NOT FOR OTHER PEOPLE TO KNOW.

LIKE, I COULDN'T DISCUSS WHAT OTHER APARTMENT COMPLEXES ON THE PROGRAM.

LIKE I COULDN'T DISCUSS THEIR PROGRAM INFORMATION WITH SOMEONE ELSE.

RIGHT.

BUT, AND WHEN THE PROPERTY MANAGERS ARE IN THE SAME MEETING, DO YOU FEEL, HAVE YOU BEEN TO ? I DON'T GO TO ANYTHING LIKE THAT.

WHEN WE WORK OUR CASES, WE WORK IT SEPARATELY.

ONE-ON-ONE WITH THAT PROPERTY.

OKAY.

UHHUH .

WE DON'T PUT EVERYONE TOGETHER.

OKAY.

THANK YOU.

YOU'RE WELCOME, MA'AM.

UM, OKAY.

UH, I GUESS IT'S MY TURN.

UM, TWO QUESTIONS ABOUT THE GATE.

UH, DETECTIVE, ARE YOU SAYING THAT RESIDENTS HAVE A BADGE THAT THEY CAN USE TO OPEN THE GATE? YES.

THAT'S WHAT I'VE SEEN THEM SWIPE.

OKAY.

IT'S LIKE A LITTLE, UM, STAND THERE.

YEAH.

AND THEY DRIVE UP TO IT, SWIPE THEIR LITTLE CAR OR WHATEVER IT IS THEY HAVE IN THEIR HAND AND THEY GO IN THROUGH THE GATE.

OKAY.

SO WHAT DO THEY DO WITH VISITORS? ARE THEY FILLING OUT THAT, DO THE VISITORS HAVE TO STOP AT THE GUARD SHACK AND FILL OUT THAT? I HAVEN'T SEEN ANYONE STOP.

I SEE PEOPLE, ONCE THE GATE OPENS I SEE EVERYONE GOING IN BEHIND EACH OTHER.

SO I LIKE WHEN I'M THERE, I CAN'T TELL WHO'S A VISITOR AND WHO'S NOT.

THEY DON'T HAVE A STICKER ON THEIR CAR OR SOMETHING.

I HAVEN'T OBSERVED A STICKER ON THE CAR.

OKAY.

DO YOU THINK THAT THEY SHOULD BE FILLING OUT THOSE FORMS FOR RESIDENTS? I THINK THEY SHOULD BECAUSE THEY HAVE THE GUARD SHACK.

SO I FEEL LIKE THEY SHOULD UTILIZE IT.

NOW, I DON'T KNOW WHEN THEY HAD THOSE FORMS THAT THEY SHOWED YOU ALL.

YEAH, BECAUSE I'VE NEVER WITNESSED IT AND I GO OUT THERE QUITE FREQUENTLY AND I'VE NEVER SEEN THEM STOP ANYONE TO FILL THOSE FORMS OUT.

SO EVEN IF THE GUARD RECOGNIZES THAT CAR AS A RESIDENT WHO LIVES THERE, THEY SHOULD FILL OUT THAT FORM.

WELL, IF THEY RECOGNIZE 'EM, THEN THAT, THAT SHOULD BE FINE.

I'M PRETTY SURE.

BUT WITH THE TRAFFIC THAT'S GOING IN AND OUT OF THAT, THAT PLACE, I'M PRETTY SURE THEY DON'T RECOGNIZE EVERY SINGLE CAR.

'CAUSE IT'S A HIGH TRAFFIC LOCATION.

OKAY.

MM-HMM.

.

UM, AND ALSO, UH, INSPECTOR HAYES, A GATE QUESTION FOR YOU.

YOU HAD SAID THAT YOU HAD WENT, YOU HAD GONE BY, UH, PRIOR TO THE COURT MEETING.

THE GATE WAS NOT FUNCTIONING.

WERE THERE GUARDS IN THE GUARD SHACK? NO.

OKAY.

THANK YOU.

UH, I THINK THAT'S EVERYONE UNLESS MS. AYALA HAS ANY QUESTIONS.

UM, OOPS.

OKAY.

UH, THEN THAT BRINGS US TO THE CLOSE OF THE PRESENTATIONS, BUT, UH, WE'LL NOW HAVE CLOSING STATEMENTS.

UH, EACH SIDE WILL HAVE 10 MINUTES, UH, BEGINNING WITH THE APPELLANT.

THANK YOU.

UH, YOU HEARD AND SAW THE EVIDENCE TODAY THAT MY CLIENT HAS BEEN FROM THE START, RECEPTIVE TO AND PROACTIVE IN IMPLEMENTING RE UH, THE REQUIREMENTS OF THE CITY ORDINANCE.

WE'VE IMPLEMENTED THE C-P-T-E-D PRINCIPLES ON THE PROPERTY, INCLUDING BLANKETING, THE, THE, THE, UH, THE PROPERTY AND CAMERAS.

UH, WHEN WE'VE BEEN ALERTED TO SOMETHING LIKE, UM, UH, UH, AN AREA THAT'S NOT LIGHT LIT, UH, WE WILL ADD MORE LIGHTING.

WE'VE IMPLEMENTED MONITORING AND SURVEILLANCE SYSTEMS. UH, WE HAVE GIVEN DPD ACCESS TO THE, THOSE SURVEILLANCE SYSTEMS. UH, WE HAVE A 24 HOUR, UH, SERVICE THAT MONITORS 'EM ALONG WITH OUR FOUR, UH, UH, SECURITY SERVICE, UH, SECURITY PERSONNEL THAT ARE ON THE PROPERTY.

UM, YOU'VE HEARD THAT WE'RE IN COMPLIANCE WITH THE REGULATIONS GOVERNING OUR BUSINESS.

WE'RE ENFORCING LEASE CLAUSES RELATED TO REDUCING DEBATABLE CRIMINAL ACTIVITY, EVEN TO THE POINT OF IT'S NOT AS FINANCIALLY GOOD FOR US.

UM, YOU'VE HEARD THAT WE'RE, UM, UH, TAKING PROACTIVE STEPS TO ABATE CODE VIOLATIONS, AND WE'RE IN COMPLIANCE WITH STANDARDS SET OUT IN THE CODE.

UM, WE'VE GOT AN AROUND THE CLOCK, 24 HOUR FOUR MAN SECURITY TEAM.

WE'VE GOT THE SURVEILLANCE CAMERAS, WE'VE GOT THE LIGHTING, WE'VE GOT THE GATING.

WE'VE GOT, WE REQUIRE ALL CARS PARKED ON THE PROPERTY TO HAVE A PROPER PARKING TAG.

UM, WE'VE GOT THE SECURITY CHECKS AND A TOWING COMPANY.

WE HAVE A LICENSE PLATE CAMERA THAT COMMUNIC THAT CHECKS AND SEES, IF ANY, ANY CRIMINAL CAR, IF THERE'S ANY CRIME GOING ON WITH THE CARDS THAT'S STOLEN, OUTSTANDING WARRANTS.

WE'RE PERFORMING BACKGROUND CHECKS.

WE MEET PEOPLE IN PERSON.

UM, AND WHEN WE'RE NOTIFIED, WHEN WE'RE ALERTED TO SOMEBODY THAT IS NOT, UH, WHO THEY SAY THEY ARE, THEY'RE OUT.

UM, WE'RE ENFORCING NON-MONETARY DEVOL DEFAULTS ON LEASES VIA EVICTIONS.

WE'VE IMPLEMENTED A LOGGING SYSTEM.

UM, WE'VE HEARD, I MEAN, YOU'VE HEARD, WE'VE IMPLEMENTED VIRTUALLY EVERYTHING THAT DPD HAS ASKED FOR.

AND REALLY HONESTLY, THE ONLY PUSHBACK WE'VE GIVEN IS THE EIGHT FROM FOUR TO EIGHT BECAUSE IT'S NOT FINANCIALLY FEASIBLE.

AND I MEAN, HERE'S THE THING.

IT CAN'T BE REASONABLE TO

[02:20:01]

PUT US OUT OF BUSINESS BECAUSE IF YOU PUT US OUT OF BUSINESS, WHAT HAPPENS THEN? THE BANK COMES IN, THEY ASK FOR A RECEIVER, AND THEN THE RECEIVER GETS PUT IN PLACE.

RECEIVER'S NOT GONNA PAY FOR EIGHT RECEIVER'S NOT GONNA PAY FOR A FRACTION OF WHAT WE'RE PUT PAST, UH, UH, PUTTING ON.

AND IF, IF THE BANK ENDS UP FORECLOSING, WHO KNOWS, MAYBE IT GOES IN THEIR REO PORTFOLIO AND YOU HAVE NOBODY MANAGING IT, AND IT BECOMES VACANT PROPERTY THAT CAN'T POSSIBLY BE REASONABLE AND A GOOD OUTCOME.

THE, THE REASONABLE OUTCOME HERE IS WE HAVE ALWAYS WANTED TO WORK IN COLLABORATION WITH DPD.

OUR DOOR HAS ALWAYS BEEN OPEN, AND THAT'S THE WAY WE WANT IT TO CONTINUE TO BE.

SO WE ARE, WE ARE IMPLEMENTING THESE MATTERS.

UM, AND AS YOU'VE HEARD, THEY HAVE BEEN, AS THEIR OWN WITNESSES HAVE SAID THEY HAVE THESE MATTER THAT WHAT WE HAVE IMPLEMENTED HAS BEEN EFFECTIVE.

A, AS THE DATA SHOWS THAT THE EVIDENCE SHOWS THE INCIDENTS ON THE PROPERTY HAVE DROPPED PRECIPITOUSLY.

THAT'S WHAT WE WANT AND WE WANT TO KEEP IT THERE, AND WE HAVE COMMITTED TO KEEPING IT GOING.

SO AS A RESULT, WE REQUEST THAT YOU OVERTURN THE DPDS HCP DESIGNATION.

THANK YOU.

THANK YOU.

MR. HERNANDEZ.

WE DO CLOSING.

SO I'D LIKE TO JUST, UM, BRING EVERYTHING BACK TO WHAT WE'RE REQUIRED TO LOOK AT TODAY.

SO THE BOARD IS REQUIRED TO APPLY THE CODE, AND IT'S JUST WHETHER OR NOT THE HCP DESIGNATION SHOULD STAND.

RIGHT? AND SO BASED ON THE CODE, UM, A PROPERTY IS CONSIDERED A HABITUAL CRIMINAL PROPERTY IF THEY HAVE FIVE OF MORE AVAILABLE CRIMES ON THE PROPERTY IN ONE YEAR.

RIGHT.

AND IF THEY HAVE BEEN, UM, HISTORICALLY TOLERATED AVAILABLE CRIMINAL ACTIVITY, WHAT THAT MEANS IS WE ARE FORCED TO ONLY LOOK AT THE REASONABLE MEASURES THAT WERE IN PLACE PRIOR TO THE INITIAL LETTER.

UM, AT THE TIME OF THE INITIAL LETTER, APRIL 27TH, 2023, THERE WERE 22 AAT CRIMES IN THAT ONE YEAR.

UM, THE PROPERTY OWNER KNEW THAT THERE WAS, UM, HISTORICALLY AVAILABLE CRIMINAL ACTIVITY BECAUSE THERE HAD ALREADY BEEN A LAWSUIT BY THE CITY JUST A FEW YEARS EARLIER.

THERE WAS A PERMANENT INJUNCTION THAT EXPIRED IN 2021.

UM, THEY WERE, WERE AWARE THAT THERE WAS STILL CRIME ON THE PROPERTY.

SO PER THE CODE AT THE MEETING, UM, FROM MAY 9TH, 2023, IS WHEN THEY WERE SUPPOSED TO BRING THEIR EVIDENCE OF WHAT MEASURES WERE BEING IMPLEMENTED AND WHAT WAS IN PLACE IN ORDER TO ABATE THE CRIME.

AND AS YOU'VE HEARD, THEY DIDN'T BRING ANY, AND IF YOU LOOK AT YOUR, UM, OR AT THE EVIDENCE THAT THEY'VE SUBMITTED TO, TO YOU, THOSE MEASURES TOOK PLACE AFTER THE MEETING AFTER MAY 9TH.

SO IN EFFECT, IT DOES NOT COUNT.

IT DOES NOT GO TOWARDS WHETHER OR NOT THEY SHOULD BE ATED DID AN HCP.

UM, I THINK THERE SOME THINGS THAT HAVE BEEN MUDDIED UP A LITTLE BIT AS FAR AS WHAT WAS IMPLEMENTED PRIOR TO AND WHAT WAS IMPLEMENTED AFTER.

SO THERE'S A DISCUSSION OF A LOG, BUT IT WAS TESTIFIED OR SHE TESTIFIED THAT IT WAS ACTUALLY A VIRTUAL LOG.

WE DON'T HAVE ANY EVIDENCE THAT THERE WAS ANY KIND OF LOG VIRTUAL OR OTHERWISE PRIOR TO, UM, THAT, LET'S JUST SAY THE MEETING MAY 9, 20, 23.

SO THAT LOG DOES NOT COUNT AS A REASONABLE MEASURE BECAUSE IT WAS NOT IN PLACE.

UH, THE PARKING PERMITS, UM, AGAIN, THAT WAS IMPLEMENTED AFTER THAT'S WHAT SHE TESTIFIED TO.

OUR WITNESSES TESTIFIED THERE ARE NO STICKERS.

I BELIEVE THE PERMITS THAT SHE MENTIONED, THE BLUE AND ORANGE WERE IMPLEMENTED AFTERWARDS.

UM, THAT THAT MEASURE DOESN'T APPLY HERE.

UM, FOR THE LEASE EVICTIONS, WE'VE BEEN TOLD THAT THOSE THINGS HAPPENED PRIOR TO, UM, THE MEETING ON MAY 9TH.

HOWEVER, UM, THERE WAS NO EVIDENCE OF THAT.

AND SO, UM, AGAIN, WITH THE TOWING COMPANY, THE APPLICANT, OR I'M SORRY, THE CONTRACT FOR THAT WASN'T UNTIL DECEMBER OF 2022.

UM, THEY TESTIFIED THAT ONLY AFTER THE MEETING DID THEY START COMING BY THE PROPERTY AND, UH, LOOKING AT THE CARS EVERY OTHER DAY.

SO AGAIN, IT WAS AFTER THE MEETING, THAT REASONABLE MEASURE DOES NOT COUNT.

UM, WHEN IT COMES TO THE CAMERAS AND THE MONITORING, SOME OF THOSE CAMERAS WERE IN PLACE BEFORE THEY ADMITTED.

THEY RAMPED IT UP, THEY ADDED MORE AFTERWARDS.

AND IT WASN'T UNTIL JUNE THAT THEY ALLOWED, UH, DPD THE OPPORTUNITY TO, UM, HAVE ACCESS TO THOSE CAMERAS.

AGAIN, THAT'S AFTER THE MEETING.

SO IT DOES NOT COUNT, UM, THE LICENSE READER THAT THEY HAVE, UM, OR THE FLOCK CAMERA IS WHAT THEY'VE BEEN CALLING IT.

SHE STATED THAT IT WASN'T EVEN ORDERED UNTIL AFTER THE MEETING.

NOW, I, I LIKE THE IDEA THAT WE WANNA WORK COLLABORATIVELY.

HOWEVER, IN ORDER TO DO THAT, YOU DON'T NEED THE CITY TO TELL YOU YOUR

[02:25:01]

HOUSE IS ON FIRE.

YOU SHOULD KNOW 22 AAT CRIMES, A COUPLE OF MURDERS, HALF A DOZEN IF NOT MORE AGGRAVATED ROBBERIES.

THAT'S WITH GUNS.

UM, AGGRAVATED ASSAULTS, VIOLENT CRIMES.

YOU DON'T NEED THE CITY TO COME IN AND TELL YOU THAT THAT'S WHAT'S HAPPENING.

IF YOU'RE ON THE PROPERTY EVERY DAY AND YOU KNOW THAT THE CRIME IS THERE, UM, BECAUSE THEY'VE ALREADY WORKED WITH THE CITY AND THEY HAD THE INJUNCTION, THEY KNEW WHO TO REACH OUT TO.

AND IF THEY DIDN'T CALL DPD TO FIND OUT, BUT THEY KNEW WHO TO REACH OUT TO, THEY HAD WORKED THROUGH A PERMANENT INJUNCTION.

THEY KNEW WHAT CONTACTS WERE THERE, THEY FAILED TO DO IT.

THEY FAILED TO DO ANYTHING TO ABATE ANY OF THIS CRIME UNTIL AFTER THE CITY SAID, HEY, YOU SHOULD REALIZE THAT YOU HAVE A PROBLEM HERE.

22 CRIMES IN ONE YEAR.

THIS IS, THIS PROPERTY WAS ON FIRE BLAZING.

THEY WERE LOSING MAN PROPERTY MANAGERS THAT WERE ON SITE REGULARLY BECAUSE THEY WERE AFRAID TO WORK THERE.

UM, AND IF THE REGIONAL MANAGER WAS THERE EVERY DAY, AND SHE SHOULD HAVE BEEN AWARE THAT IT WAS A HIGH CRIME AREA, THAT A LOT OF CRIME WAS GOING ON, AND INSTEAD OF REACHING OUT SAYING DPD, WE NEED HELP, OR EVEN A SECURITY, YOU HAVE A SECURITY GUARD THAT'S A SECURITY COMPANY THAT THEY WORK FOR.

YOU CAN TALK TO A SECURITY COMPANY AND SAY, HEY, WE HAVE AN ISSUE.

WHAT MEASURES DO YOU THINK THAT WE CAN PUT IN PLACE TO ABATE THIS CRIME? NONE OF THAT HAPPENED.

THE FACT IS THEY DIDN'T CARE THAT A COUPLE OF MURDERS HAPPENED ON THEIR SITE.

THEY DIDN'T CARE THAT PEOPLE WERE GETTING ROBBED AT GUNPOINT ON THEIR SITE.

THEY DIDN'T CARE TO DO ANYTHING ABOVE WHAT WAS REQUIRED BY THE CITY UNTIL THE CITY ISSUED THAT LETTER.

AND SO, AGAIN, GOING BACK TO WHAT YOU, THE BOARD ARE REQUIRED TO LOOK AT, IT'S ONLY THOSE MEASURES THAT WERE IMPLEMENTED PRIOR TO THAT MEETING, PRIOR TO THAT LETTER.

AND THEY'VE TOLD YOU BASICALLY, AND OUR WITNESSES HAVE, HAVE EXPLAINED, THERE WAS NOTHING.

WE HAD TWO, MAYBE THREE SECURITY GUARDS AND SOME CAMERAS, AND THAT WAS IT.

THEY SHOULD HAVE KNOWN THAT THEIR HOUSE WAS ON FIRE.

THEY DIDN'T CARE THAT IT WAS ON FIRE UNTIL THE CITY SAID, YOUR HOUSE IS ON FIRE AND WE NEED TO DO SOMETHING TO PUT IT OUT.

I'M HAPPY.

I THINK WE'RE ALL HAPPY THAT NOW THEY'RE TRYING TO IMPLEMENT SOMETHING.

BUT THOSE MEASURES ARE NOT SOMETHING THAT THE BOARD SHOULD BE TAKING INTO CONSIDERATION BECAUSE IT HAPPENED AFTER, UM, THE ALLOTTED TIME PERIOD.

SO FOR THOSE REASONS, I BELIEVE THAT THE HCP DESIGNATION SHOULD BE UPHELD ACCORDING TO THE CODE.

THANK YOU.

SCREEN.

UH, AND NOW, UH, IS THERE A MOTION FROM THE BOARD REGARDING THE FINAL NOTICE, THE POINT OF ORDER, MR. CHAIR, HOW DO I ASK A QUESTION AT THIS POINT ABOUT LEGALITIES TO THE CITY ATTORNEY? UH, YOU WOULD ASK ME A QUESTION.

OKAY.

IF IN FACT, THIS BOARD OVERTURNS DESIGNATION AS A HABITUAL CRIMINAL PROPERTY, DOES THE CLOCK RUN AGAIN WHERE A YEAR FROM NOW IF THE CONDITIONS STILL EXIST, WHICH MEET THE REQUIREMENTS OF DETERMINATION OF THE HABITUAL CRIMINAL PROPERTY, THE POLICE CHIEF CAN ISSUE ANOTHER DETERMINATION AT THAT POINT? UH, I DON'T, I DON'T THINK THERE'S ANY LIMITATION ON HOW OFTEN THEY CAN SEND A LETTER.

THEY COULD SEND A LETTER, THEY COULD SEND ANOTHER LETTER TOMORROW.

AND MY, THAT'S MY UNDERSTANDING AS WELL.

OKAY.

SO WE WOULD, SO OVERTURNING WOULD JUST OVERTURN THIS INSTANCE OF, OF DESIGNATION AS HABITUAL CRIMINAL BODY.

WE CAN START THE THANK YOU.

YEP.

AND THEN ANOTHER QUESTION ABOUT IF WE DO CHOOSE TO UPHOLD IT IS FOR ONE YEAR THAT THE PROPERTY IS DESIGNATED AS HABITUAL.

YES.

ONE YEAR FROM THE ACCORD LETTER OR FROM TODAY'S DATE, FROM THEIR FINAL DETERMINATION.

OKAY.

UM, IS THERE A MOTION FROM THE BOARD REGARDING THE NOTICE OF FINAL DETERMINATION AS A HABITUAL CRIMINAL PROPERTY FOR MOUNTAIN CREEK APARTMENTS? LP, I MOVE THAT WE OVERTURN THE POLICE CHIEF'S DESIGNATION AS A HABITUAL CRIMINAL PROPERTY.

UH, MR. HAYES HAS MOVED TO REVERSE THE DECISION OF THE CHIEF OF POLICE DESIGNATING THE MOUNTAIN CREEK APARTMENTS PROPERTY AS A HABITUAL CRIMINAL PROPERTY.

IS THERE A SECOND? I SECOND.

WAS THAT MR. A

[02:30:01]

YALO? YES.

ALL RIGHT.

MR. HAYES, WOULD YOU LIKE TO SPEAK IN FAVOR OF YOUR MOTION? YEAH, THE, I'M REALLY STILL ON THE FENCE.

I'M INTERESTED IN HEARING THE OTHER BOARD MEMBER'S POINT OF VIEW.

IF I LEAN ONE WAY IN MY CHAIR, I LEAN THE OTHER WAY IN MY CHAIR IS KIND OF WHERE I'M AT AT THIS POINT.

ON, ON.

CLEARLY, THE CITY WAS CORRECT IN ISSUING THE DESIGNATION AS A HABITUAL CRIMINAL PROPERTY.

IT MET ALL THE REQUIREMENTS AND ALL THE STANDARDS.

THERE'S SOME CONFUSION ABOUT SOME ISSUES.

UM, CLEARLY THE PROPERTY OWNERS WERE NEGLECTFUL IN NOT BRINGING ANY EVIDENCE TO THE ACCORD MEETING BECAUSE I REREAD THE LETTER AND THEY'RE DIRECTED TO BRING EVIDENCE WITH THEM, AS DETECTIVE HAYES SAID.

UM, BUT ON THE OTHER HAND, THEY HAVE DONE MOST OF WHAT WAS OUTLINED AT THE ACCORD MEETING.

AND SENIOR DONE A GOOD FAITH EFFORT.

A BIG BONE OF CONTENTION, OF COURSE, IS FOUR VERSUS EIGHT OFFICERS.

AND I WOULD ADD MY OWN PARTICULAR CONCERN IS, OKAY, IF YOU'VE GOT FOUR OUT FOUR OFFICERS, ARE YOU USING THEM IN AN OPTIMAL WAY AND MONITORING WHAT YOUR SUBCONTRACTORS ARE DOING IN THAT RESPECT? SO THAT'S KIND OF A NEGATIVE.

UM, BUT ON THE OTHER HAND, I CAN, I CAN SEE FROM THE BIG OVERALL PICTURE, IT'S HARD TO GET GOOD TENANTS ADDED TO YOUR LEASE ROLLS IF YOU'VE GOT SIGNS ALL OVER YOUR PROPERTY SAYING IT'S A HABITUAL CRIMINAL PROPERTY.

SO THAT, THAT KIND OF LEANS ME TO THE LEFT SIDE OF MY CHAIR, WHICH SAYING, GIVEN THAT THE OPPORTUNITY IS THERE FOR DALLAS TO SLAP 'EM AGAIN WITH THE HABITUAL CRIMINAL PROPERTY DESIGNATION, THEY, THEY MADE WHAT I WOULD THINK WOULD BE REASONABLE, NOT PERFECT, BUT REASONABLE EFFORTS SUBSEQUENT TO THE, THE COURT MEETING GRANTED, UM, TO TRY TO FIX SOME OF THIS.

IT, IT IS, GIVEN THE NATURE OF THE PROPERTY AND LOCATION, IT'S GONNA BE IMPOSSIBLE TO MAKE IT ZERO CRIME IN MY PARTI, IN MY OPINION.

I'M VERY, VERY CONCERNED ABOUT WHAT DETECTIVE HAYES HAS RAISED AS GANG ACTIVITY.

AND I'M ALSO A DEVOUT CAPITALIST, WHICH LEADS ME TO BELIEVE THAT OWNERSHIP OF THE UNITS HAS A, IN ADDITION TO A MORAL AND LEGAL RESPONSIBILITY, THEY HAVE A FINANCIAL INTEREST IN MAKING CRIME GO DOWN ON THIS PROPERTY AND MAKING IT A MORE DESIRABLE PLACE FOR FOLKS TO LIVE.

SO I'M LEANING TO ABOUT, I I'VE ACTUALLY GOT MYSELF UP TO ABOUT 54% YES.

NOW TO, UH, OVERTURN THE DESIGNATION.

THANK YOU, SIR.

ALL RIGHT.

THANK YOU, MR. HEY, IS THERE ANYBODY WHO WOULD LIKE TO SPEAK AGAINST THE MOTION? OKAY, MS. I'LL SPEAK AGAINST, UM, WELL, YOU'RE THE SECOND.

NO, I SECOND.

NO, IT WAS, SORRY.

WE SECOND STILL BE AGAINST.

I'M TOO USED TO YOU BEING THE SECOND .

UH, YOU CAN, UH, YOU'RE RECOGNIZED TO SPEAK AGAINST THE MOTION.

UM, I, I BELIEVE THE BOARD SHOULD UPHOLD THE CHIEF OF POLICE'S DESIGNATION AS AN HCP.

UH, I FEEL LIKE WE HAVE SEEN THAT THERE IS SOME GOOD MOMENTUM.

UH, BUT AS DETECTIVE HAYNES, UM, SHARED WITH US THAT, UM, THERE ARE STILL SOME THINGS THAT WE CAN, THAT THE PROPERTY OWNERS CAN DO TO, UM, INCREASE, UM, OR DECREASE CRIME, SUCH AS INSTITUTING THE CRIME WATCH MEETINGS, UM, IF THOSE WERE TAKEN TAKING PLACE.

UM, USUALLY THE PROPERTY OWNERS ARE QUICK TO SHARE THAT WITH US.

UM, THE INCREASED LIGHTING, AND AGAIN, THE SECURITY GUARDS.

UM, I THINK AS A PERSON WHO'S EMPLOYED, UM, I WOULD BE REALLY CONCERNED IF I HAD TO BE WORRIED ABOUT MY SAFETY IN EARNING MY LIVELIHOOD.

UM, SO I THINK THE NUMBER ONE REASON WHY THE SECURITY GUARDS SHOULD BE INCREASED IS JUST FOR THAT PIECE OF IT TO MAKE SURE THAT THE EMPLOYEES ARE SAFE, UM, LET ALONE THE RESIDENTS OF THE PROPERTY.

UM, AND I THINK, UM, WE'VE HEARD THAT THERE IS A LOT OF COLLABORATION BETWEEN THE PROPERTY OWNERS AND DPD, BUT, UM, SORT OF THE POSTURES BY THE

[02:35:01]

APPELLANT'S WITNESSES WHEN DETECTIVE KANES WAS TALKING KINDA SEEMED LIKE MAYBE THERE WAS A LITTLE FRICTION THERE.

UM, SO IF WE UPHOLD THE, THE DESIGNATION AND THAT WOULD GIVE THEM MORE TIME TO BUILD ON THAT COLLABORATION.

UM, AND THAT'S WHERE I SIT.

THANK YOU.

IS THERE ANYBODY ELSE WHO WOULD LIKE TO SPEAK IN FAVOR OF THE MOTION? I'D LIKE TO SPEAK IN FAVOR, MS. WILL, YOU'RE RECOGNIZED.

UH, YES.

I'M IN.

I GUESS BECAUSE AS, AS A BUSINESS OWNER MYSELF, I'M WILLING TO GIVE THESE OWNERS SOME GRACE.

UM, AND, AND HOPES, AND I GUESS YOU COULD SAY I'M BEING, UH, POSITIVE, HOPING THAT THEY WILL NOT JUST TRY TO STEP UP IN SECURITY, BUT STEP UP IN TERMS OF WORKING WITH THE TENANTS THAT WORK THAT LIVE THERE.

AND AGAIN, I, I REALLY THINK THAT IF THEY HAD A COMMUNITY CENTER WHERE YOU COULD HELP ENHANCE THE LIVES OF THESE TENANTS, UM, AND SHOW THEM HOW TO BE LOOK OUT FOR ONE ANOTHER BECAUSE THEN YOU CAN MAYBE ATTRACT MORE OF A HIGH CALIBER OF, UH, PEOPLE TO COME IN AND, UM, IT PUTS SOME OF THAT MONEY TOWARDS IMPROVEMENTS INSTEAD OF JUST TOWARDS SECURITY.

SO THAT'S WHERE I STAND WITH THAT.

THANK YOU.

IS THERE ANYBODY ELSE WHO'D LIKE TO SPEAK AGAINST THE MOTION? UH, ME CHAIR.

I THINK THAT WE SHOULD UPHOLD, UM, THE DESIGNATION BECAUSE WE'RE, WE'VE, THEY'VE, THEY'VE BEEN EXTENDED GRACE, I THINK, BY THE CITY.

UM, I MEAN, AND THE FACT THAT THE STATE HAS ALSO, YOU KNOW, BROUGHT THIS TO THEIR ATTENTION.

I THINK THAT WHENEVER IT WAS INITIALLY IMPLEMENTED, SOME OF THESE THINGS WERE WORKING AND THEN THEY'D STOPPED WORKING.

BUT, UM, I DON'T KNOW IF IT WAS THE LEADERSHIP OR, YOU KNOW, WHATEVER HAPPENED THAT, YOU KNOW, THIS CAUSED AN INCREASE IN CRIME AGAIN.

AND I THINK THAT THIS DESIGNATION MAY MOVE THEM, MAY PROPEL THEM FORWARD TO MAKE MORE SECURITY JUST BETTER WHATEVER NEEDS TO HAPPEN.

RIGHT? THERE'S, I, I DIDN'T HEAR THAT THIS WOULD BANKRUPT THEM AND THEY WOULD HAVE TO KICK EVERYBODY OUT.

AND OBVIOUSLY WE ALL KNOW THAT AFFORDABLE HOUSING IS AN ISSUE IN DALLAS.

UM, BUT I DO THINK THAT BASED ON WHAT THE CITY HAS PRESENTED, IT'S, IT'S CLEAR THAT THEY ARE NOT, THEY DIDN'T MEET THE STANDARD.

THERE'S A LOT OF WAY MORE THAN FIVE AAT CRIMES THAT HAPPENED HERE.

AND THAT, THAT'S JUST KIND OF LIKE WHERE I'M AT RIGHT NOW.

I, I WAS KIND OF ON, ON THE FENCE AS WELL, BECAUSE I DO THINK THAT IT IS COMMENDABLE WHAT THEY HAVE DONE, BUT I DON'T THINK THE CITY HAS TO CONSTANTLY BRING THEIR ATTENTION TO SOME OF THESE THINGS THAT'S HAPPENING.

THIS NEEDS TO HAPPEN, YOU KNOW, ORGANICALLY IN INTERNALLY WITHOUT CITY OR STATE ATTENTION.

THANK YOU, MS. UH, JUAREZ.

UH, LET'S SEE.

UH, MS. AALA, DO YOU WANT TO SPEAK FOR MOTION? UH, YEAH, I JUST WANNA SAY THAT BASED ON LIKE THE ENTIRE CONVERSATION, I DO THINK THAT, YOU KNOW, THEY DO HAVE GOOD FAITH IN WORKING.

AND LIKE I SAID, YOU KNOW, EVEN IF TENANTS PASS THE BACKGROUND CHECK AND YOU KNOW, THEY, LIKE THEY SAID, THEY'RE DOING IT IN PERSON.

YOU JUST DON'T, LIKE, YOU COULD HAVE A CLEAN RECORD AND STILL, YOU KNOW, PARTAKE IN CERTAIN ACTIVITIES.

AND SO I JUST THINK THAT THEY'RE, THEY'RE DOING AND THEY'RE, THEY'RE COMPLYING AND DOING WHAT THEY CAN OUTSIDE OF, YOU KNOW, GETTING EIGHT OFFICERS.

'CAUSE THEY SAID IT WAS A MONEY ISSUE.

AND SO I DO WANNA GIVE THEM GRACE BECAUSE I THINK THEY DO HAVE, UH, THEY'VE BEEN SHOWING THAT THEY'RE WORKING WITH THE, THE DPD AND THE CITY OF DALLAS.

THANK YOU.

UH, I'M ALSO GOING TO SPEAK, UH, IN FAVOR OF THE MOTION.

UM, LIKE MR. HAYES, I'M NOT, YOU KNOW, I'M, I'M A LITTLE IN FAVOR OF IT.

UM, I, I THINK FOR ME, THE ISSUE HERE, LIKE THIS IS NOT A CASE WHERE WE'RE ARGUING ABOUT HOW MANY AVAILABLE CRIMINAL OFFENSES THERE ARE, WHETHER MARIJUANA IS AVAILABLE OR ANYTHING LIKE THAT.

UM, BUT I THINK WHAT THIS CASE COMES DOWN TO FOR ME IS WHETHER WE CAN SAY THAT THE PROPERTY OWNER HAS TOL HAS HISTORICALLY TOLERATED THE CRIME, AND

[02:40:01]

I DON'T THINK WE CAN.

UM, WE'VE HEARD FROM BOTH SIDES THAT THE PROPERTY OWNER THAT PRIOR TO THE ACCORD MEETING HAD MADE SUBSTANTIAL OVER THE LAST YEARS, HAS MADE SUBSTANTIAL INVESTMENTS IN PREVENTING CRIME.

IT'S NOT PERFECT, UH, LIKE, LIKE MR. HAYES SAID, BUT THE STANDARD IS NOT PERFECTION.

THE STANDARD IS NOT TOLERATING.

AND, UH, THE PROPERTY OWNER HAD AN INJUNCTION, HAD AN AGREEMENT WITH THE CITY THAT THESE ARE THE MEASURES THAT NEED TO BE TAKEN.

AND EVERYBODY AGREES THAT THOSE MEASURES WERE TAKEN.

AND I BELIEVE THAT IF THOSE MEASURES WERE NOT TAKEN, THE CITY WOULD HAVE TAKEN SOME ACTION TO ENFORCE THAT INJUNCTION AND, AND MAKE THEM TAKE THOSE ACTIONS.

UM, AND I THINK IT IS REASONABLE FOR THE PROPERTY OWNER THAT HAS AN ONGOING RELATIONSHIP WITH THE CITY IN REGARDS TO FIGHTING CRIME ON ITS PROPERTY.

AND THE PROPERTY OWNER HAS DEMONSTRATED A HISTORY OF COLLABORATION AND WILLINGNESS TO INVEST.

I THINK IT IS REASONABLE FOR THE PROPERTY OWNER, UH, TO EXPECT RECIPROCATION FROM THE CITY AND NOT GET A DESIGNATION OF A HABITUAL CRIMINAL PROPERTY WITHOUT A CONVERSATION THAT, HEY, I KNOW WE AGREED THAT THIS STUFF IN THE PAST, BUT NOW WE THINK IT NEEDS TO BE MORE.

UM, ALSO, YOU KNOW, I HAVE SAID IN THE PAST, I'VE AGREED WITH WHAT MS. CAPPE SAID, THAT, YOU KNOW, PROPERTY, IT'S, IT PROPERTY OWNERS CAN'T GET A FREE PASS BY SAYING THERE'S A LOT OF CRIME IN OUR NEIGHBORHOOD, RIGHT? BECAUSE PROPERTY OWNERS HAVE A RESPONSIBILITY TO NOT BE A CONTRIBUTOR TO THE CRIME IN THEIR NEIGHBORHOOD.

AND THE PRO DPD NEEDS THE PROPERTY OWNERS TO BE RESPONSIBLE IN MAKING THE NEIGHBORHOOD, UH, HAVE LESS CRIME.

BUT I ALSO DON'T THINK THAT WE CAN EXPECT APARTMENT COMPLEXES TO HAVE THEIR OWN POLICE FORCES FIGHTING GANGS ON, ON THEIR PROPERTY.

UM, IT SOUNDS LIKE DPD IS NOW DOING THE RIGHT THING, SENDING THE GANG TASK FORCE IN THERE AND SENDING SWAT IN THERE.

BUT I, YOU KNOW, I, I THINK THAT FOUR FULL-TIME, 24 7 ARMED SECURITY IS A HUGE INVESTMENT.

UM, AND IF THAT'S NOT, IF THE PROPERTY OWNER IS DOING THAT AND THAT'S NOT ENOUGH, WE CAN'T JUST KEEP TELLING THE PROPERTY OWNER MORE AND MORE, MORE AT SOME POINT, THE, THE CITY HAS TO ACCEPT THE RESPONSIBILITY TO ALSO BE A PARTNER IN THAT.

AND I THINK, YOU KNOW, IN MY OPINION, UH, I, I THINK FROM THE EVIDENCE TESTIMONY THAT WE HEARD, I THINK THAT'S WHERE WE'RE AT.

I, IT SOUNDS TO ME LIKE THIS PROPERTY OWNER IS WILLING TO BE A GOOD PARTNER WITH THE CITY.

AND I THINK THAT'S THE OPPOSITE OF TOLERATING THE CRIMINAL ACTIVITY.

AND SO I AM IN FAVOR ION, UM, IS THERE ANY OTHER, EVERYBODY'S SPOKEN.

I THINK, CAN I SPEAK ON THE MOTION? UH, YEAH, YOU CAN BE RECOGNIZED FOR TWO MINUTES TO SPEAK ON THE MOTION.

OKAY.

I, REGARDLESS OF WHICH WAY THE VOTE TURNS OUT SHORTLY, I HOPE THAT THIS MEETING ITSELF AND THE DIALOGUE THAT'S TAKEN PLACE WILL ENCOURAGE BOTH THE CITY AND THE OWNERS TO WORK MORE CLOSELY TOGETHER TO RESOLVE THIS ISSUE.

'CAUSE IT'S NOT RESOLVED YET IN, IN MY OPINION, BUT SOME THINGS ARE GOING THE RIGHT WAY.

THANK YOU.

OKAY.

UH, I'M GONNA RECOGNIZE MYSELF TO SPEAK ON THE MOTION AS WELL AND JUST ECHO THOSE COMMENTS.

UM, YOU KNOW, IT IS, WE, WE TALK HERE, I MEAN, I WROTE A WHOLE LETTER ABOUT IT.

UM, THE ACTIONS THAT THE PROPERTY OWNER TAKES AFTER THE ACCORD MEETING ARE, ARE NOT GERMANE TO THE QUESTION OF HISTORICAL TOLERANCE, BUT I THINK IN THIS CASE, RATIFYING TO SEE THAT THE PROPERTY OWNER IMMEDIATELY TOOK THOSE MEASURES AND THEY WORKED.

AND SO I HOPE THAT THAT WILL BE A, YOU KNOW, A, A MESSAGE TO OTHER PROPERTY OWNERS AND TO THE CITY AS WELL.

THE GOAL HERE IS TO REDUCE CRIME.

THE GOAL HERE IS NOT TO PUT UP SIGNS AND COLLECT FINES.

UM, SO WHERE PROPERTY OWNERS ARE COOPERATIVE AND ARE WILLING TO DO THIS STUFF THAT THE CITY WANTS 'EM TO DO, I, I DON'T THINK THERE SHOULD BE LIKE A OH, GOTCHA.

WELL, WE DIDN'T, YOU DIDN'T DO THAT STUFF BEFORE THE MEETING, BUT ALSO WE DIDN'T ASK YOU TO DO THAT STUFF BEFORE THE MEETING, SO HERE'S YOUR SIGN.

UM, I DON'T THINK THAT'S REALLY, UH, AN A, A PRODUCTIVE USE OF THE PROCESS.

[02:45:01]

UM, IS THERE ANY OTHER DISCUSSION? OKAY, WE WILL VOTE ON THE MOTION.

THE MOTION IS TO REVERSE THE DECISION OF THE CHIEF OF POLICE DESIGNATING FINALLY DETERMINING THE MOUNTAIN CREEK APARTMENTS AS A HABITUAL CRIMINAL PROPERTY.

UM, ALL THOSE IN FAVOR OF THE MOTION SAY AYE.

AYE.

AYE.

AYE.

ALL THOSE OPPOSED SAY NAYYY, NAY, NAY.

ALL RIGHT.

WE WILL, UH, I THINK WE WILL HAVE A ROLL CALL.

VOTE FOR THAT.

SO ON THE VOTE, UH, JUST SAY AYE OR NAY WHEN I CALL YOUR NAME.

MS. AYALA.

AYE.

MS. WILLIS? AYE.

MS. TORRES NAYYY NAY.

MR. HAYES? AYE.

MS. SHIN NAY AND I VOTE.

AYE.

SO THE MOTION PASSES FOUR TO TWO AND THAT CONCLUDES TODAY'S HEARING.

THE TIME IS 1130.

THANK YOU ALL FOR YOUR REPENTANCE ON YOUR TIME.

MAY WE BE EXCUSED? THE MEETING IS OVER.

YOU CAN DO AS YOU LIKE.

SORRY.