[Permit and License Appeal Board on January 18, 2024.]
[00:00:05]
GOOD MORNING, LADIES AND GENTLEMEN, AND WELCOME TO THE MEETING OF THE PERMIT AND LICENSE APPEAL BOARD FOR THE CITY OF DALLAS.
IT IS NOW 8 41 ON THURSDAY, JANUARY 18TH, 2024.
WE'VE GOT ONE HEARING ON TODAY'S AGENDA FOR CHEROKEE VILLAGE APARTMENTS, APPEALING THE NOTICE OF A FINAL DESIGNATION AS A HABITUAL CRIMINAL PROPERTY.
AT THIS TIME, I WILL DO A ROLL CALL AND IF PRESENT, PLEASE SAY, HERE I AM.
ABSENT FROM THE MEETING ARE TORRES AND JEFF, AND I MUST SAY I AM GRATIFIED TO SEE SO MANY MEMBERS HERE IN PERSON.
UM, WE HAVE A QUORUM PRESENT AND THE MEETING IS CALLED TO ORDER.
UH, WILL OTHERS PRESENT AT THE MEETING? PLEASE INTRODUCE YOURSELVES, BEGINNING WITH THE BOARD'S GENERAL COUNSEL.
AND FROM THE CITY SECRETARY'S OFFICE, MES LAVA MARTINEZ, NC SANCHEZ.
AND, UH, WHO DO WE HAVE FOR THE APPELLANT'S REPRESENTATIVE BYRON WOOLLEY, REPRESENTING THE CHEROKEE VILLAGE APARTMENTS.
AND, UH, MR. WOOLLEY, DO YOU HAVE, UH, WITNESSES WITH YOU TODAY? I, I HAVE MY WITNESS RIGHT BESIDE ME HERE.
I'M SORRY, THE LAST NAME AGAIN? BOLT.
AND FOR THE CITY ATTORNEY, AZIZA TRAVIS, EMILY WARLAND, DETECTIVE ANTONIO GOMEZ, DETECTIVE GOMEZ.
UH, AND I JUST WANT TO REMIND, UH, THE BOARD MEMBERS AND ANY PARTICIPANTS ON THAT, UH, BOARD MEMBERS HAVE TO KEEP THEIR CAMERAS ON AT ALL TIMES DURING THE MEETING, AND PARTICIPANTS MUST HAVE THEIR CAMERAS ON ANYTIME THEY'RE ADDRESSING THE BOARD.
UH, ITEM ONE ON THE AGENDA IS PUBLIC SPEAKERS, HOWEVER, NO SPEAKERS ARE REGISTERED TO ADDRESS THE BOARD.
ITEM TWO WILL BE APPROVAL OF THE MINUTES FROM THE JANUARY 4TH, 2024 PERMIT AND LICENSE APPEAL BOARD MEETING, UM, WHICH YOU ALL SHOULD HAVE RECEIVED.
IS THERE A MOTION, UH, TO APPROVE THE MINUTES? MOTION TO APPROVE.
IS THERE A SECOND? SECOND, SECOND.
I, WHO'S, UH, SORRY, I DIDN'T CATCH WHO SAID IT FIRST.
IS THAT MS. WILLIS? NO, IT'S ME.
I, I ONLY SEE YOU ON A VERY SMALL SCREEN, UH, TODAY.
SO WE'VE GOT A MOTION BY, UH, MR. QUINT, SECOND BY ARIANO, UH, TO APPROVE THE MINUTES OF THE JANUARY 4TH, 2024 MEETING.
UH, IS THERE ANY DISCUSSION, MR. QUINT, WOULD YOU LIKE TO SPEAK ON YOUR MOTION? ALL RIGHT.
UH, ANYBODY LIKE TO SPEAK AGAINST THE MOTION? UM, ALRIGHT, AND NO FURTHER DISCUSSION.
ALL THOSE IN FAVOR, PLEASE SAY AYE.
ALL THOSE OPPOSED, PLEASE SAY NAY.
THE NEXT AGENDA ITEM IS THE APPEAL.
UH, ITEM THREE, THE APPEAL HEARING FOR CHEROKEE VILLAGE APARTMENTS.
UH, WE WILL HEAR THE APPEAL REQUEST OF CHEROKEE VILLAGE APARTMENTS APPEALING THE NOTICE OF FINAL DETERMINATION AS A HABITUAL CRIMINAL PROPERTY UNDER
[00:05:01]
SECTION 27 DASH 51 OF THE DALLAS CITY CODE.THE BURDEN OF PROOF IS ON THE APPELLANT.
UH, AT THIS TIME, ANY WITNESSES WHO WISH TO TESTIFY IN THIS HEARING WILL BE SWORN IN.
SO YOU MAY BE SWORN IN BY THE CITY SECRETARY'S OFFICE.
AND, UH, UH, PLEASE MAKE SURE THAT YOUR CAMERA IS ON.
IF YOU WILL BE, UH, TESTIFYING TO BE SWORN IN.
UH, PLEASE RAISE YOUR RIGHT HAND.
DO YOU SOLEMNLY SWEAR THAT TO THE BEST OF YOUR KNOWLEDGE, THE TESTIMONY YOU'LL GIVE BEFORE THIS BOARD TODAY WILL BE THE TRUTH? I DO.
UM, AT THIS TIME, UH, MR. WOOLSEY, HOW MUCH TIME DO YOU ANTICIPATE NEEDING FOR YOUR PRESENTATION? UH, 30 MINUTES OR LESS.
AND HOW MUCH TIME DOES THE CITY NEED? ABOUT 45 MINUTES.
UH, THEN WE'LL DO 30 MINUTES PER SIDE, AND, UH, IF YOU NEED MORE TIME, IT CAN BE APPROVED BY UNANIMOUS CONSENT.
UH, WE HAVE ONE EXHIBIT FOR, UH, CHEROKEE VILLAGE APARTMENTS.
UH, NOW IT MIGHT'VE BEEN, UH, IT MIGHT'VE BEEN CONSOLIDATED INTO ONE, BUT THERE'S 19 SEPARATE EXHIBITS.
I'VE GOT, YOU SHOULD HAVE A LITTLE OVER A HUNDRED PAGES.
HOW MANY PAGES DO WE HAVE? 4 44 PAGES.
DOES THAT SOUND RIGHT? UH, THAT PROBABLY CORRECT FOR BOTH THE CITY AND CHEROKEE.
THE CITY'S IS A LITTLE MORE VOLUMINOUS THAN OURS.
OURS, I THINK OURS AND ROUND NUMBERS IS 125 PAGES.
IT LOOKS LIKE YOUR, WHAT WE GOT FOR YOU ACTUALLY INCORPORATES ALL OF THE CITY EXHIBITS AS WELL.
AND, UH, FOR THE CITY, WE'VE GOT ONE EXHIBIT, IS THAT CORRECT? YES.
UH, WOULD THE CITY ATTORNEY PLEASE READ THE RELEVANT ORDINANCE? UH, MR. SAPP? THANK YOU, CHAIRMAN.
UH, SECTION 27 48 PRESUMPTIONS FOR A HABITUAL CRIMINAL PROPERTY.
A PROPERTY IS PRESUMED OF HABITUAL CRIMINAL PROPERTY.
IF THE PROPERTY IS THE SITE OF FIVE OR MORE AAT CRIMINAL ACTIVITIES WITHIN 365 DAYS, RESULTING IN EITHER A REPORT OF A LAW ENFORCEMENT AGENCY DOCUMENTING AN INVESTIGATION OF AN AVAILABLE CRIMINAL ACTIVITY ON THE PROPERTY OR ENFORCEMENT ACTION AGAINST ANY PERSON ASSOCIATED WITH THE DEBATABLE CRIMINAL ACTIVITY ON THE PROPERTY, AND AT WHICH PERSONS HAVE HISTORICALLY COMMITTED DEBATABLE CRIMINAL ACTIVITIES ACCORDING TO RECENT CRIME DATA.
UM, MR. EY, WOULD YOU LIKE TO BEGIN WITH A BRIEF OPENING STATEMENT? UH, YES.
UM, THANK YOU MEMBERS OF THE, UH, BOARD FOR, UH, YOUR SERVICE ON THIS MATTER.
WHAT WE ARE APPEALING ON HERE TODAY IS THE NOTICE OF EVENTUAL CRIMINAL PROPERTY SERVED JULY, OR DATED, UH, BY LETTER DATED JULY 13TH, 2023.
UH, I BELIEVE WHAT THE EVIDENCE IS WE'RE GONNA PRESENT, AND I THINK THE EVIDENCE WHICH WILL BE CONFIRMED IN GREAT, UH, IF NOT TOTAL PART BY, UH, THE CITY, IS THAT THIS IS A, A PROPERTY THAT, UH, HAS SOME PRIME ISSUES AS A LOT OF OUR PLACES DO IN THE CITY, BUT THAT THE ACTUAL NOTICE THAT WAS GIVEN IN JULY 13TH AND THEN SUBSEQUENTLY, UH, FINALIZED, UH, IS NOT DESERVING IN THE SENSE THAT EVEN THOUGH THIS IS A BASE STATUTE, IN OTHER WORDS, IT'S DISCRETIONARY, IT IS NOT MANDATORY.
UH, THE POLICE DEPARTMENT'S, UH, APPROACH TO THIS, AND, AND FAR AS I CAN TELL IN ALL OF THESE MATTERS IS THAT THE PROPERTY WILL BE PLASTERED WITH A PLACARD DECLARING TO ANY PROSPECTIVE TENANTS, ANY CURRENT TENANTS, BASICALLY, THE WORLD THAT IT IS A HABITUAL CRIMINAL PROPERTY.
I THINK WHAT'S GONNA BE SHOWN HERE IS, IS THE OWNER OF THIS PROPERTY, IT WAS VERY RESPONSIVE, UH, TO THE REQUEST, WHICH WERE FIRST PROVIDED TO THEM WITH THIS NOTICE OF JULY 13TH.
AND THEN IN THEIR FOLLOW UP LETTER, I THINK THERE WILL ALSO BE EVIDENCE THAT SUPPORTS AND SHOWS THAT, UH,
[00:10:01]
THIS IS NOT A OWNER THAT JUST IGNORED ANYTHING.THEY HAD A NUMBER OF THINGS IN PLACE.
THE PROBLEM THAT I BELIEVE WE HAVE HERE IS, IS IT WASN'T WHAT THE POLICE DEPARTMENT WANTED OR WANTS, BUT AS SOON AS THAT WAS INFORMED TO THE LANDLORD, UH, MY CLIENT, THE OWNER AND THE MANAGEMENT COMPANY PROCEEDED TO IMMEDIATELY JUMP ON BOARD AND GET THEM WHAT THEY WANT.
A MINOR EXAMPLE IS THEY WANT LED LIGHTING.
I THINK WHAT WE HAVE IN PLACE IS REGULAR LIGHTING AND MORE LIGHTING.
THEY WANTED MORE LIGHTING, WHICH IS, IS THERE, SO I THINK THAT'S WHAT I WOULD ASK YOU TO KIND OF LISTEN TO, IS THAT THE, UH, THIS, THIS ORDINANCE HAS IS ITS INTENT IS TO TRY TO, YOU KNOW, HELP DETER SOME OF THE CRIME THAT GOES ON IN THIS CITY.
UH, IT UNFORTUNATELY, UH, TO, TO SOME DEGREE, WE HAVE SOME OWNERS AND LANDLORDS IN THIS CITY, I'M SURE ARE DESERVING OF THE GREAT WEIGHT OF THE LAW ON THIS.
THIS IS ONE THAT I BELIEVE THE COMMITTEE CERTAINLY WILL HAVE ENOUGH EVIDENCE TO SAY, NOT ONLY BEFORE THE HEARING, BEFORE THE, UH, NOTICE CAME OUT, THEY HAD CERTAIN THINGS IN PLACE LIKE PATROLS AND LIGHTING AND, AND VARIOUS OTHER THINGS.
THEY JUST DIDN'T HAVE IT UP TO THE SCALE THAT THE CITY WOULD LIKE.
BUT AS SOON AS THE CITY TOLD 'EM WHAT THEY WANTED, THEY STARTED WORKING ON THAT.
MOST OF THIS STUFF IS COMPLETE NOW WITH A FEW ODDS AND ENDS THAT HAVEN'T BEEN COMPLETED DUE TO VENDOR.
AS WE ALL KNOW, THE PANDEMIC SLOWED EVERYTHING DOWN.
UH, SO GETTING PEOPLE TO COME IN WITH THE MATERIALS AND LABOR TO FINISH A FEW THINGS IS AN ONGOING PROJECT.
UH, AND SO WE'RE GONNA ASK THE, THE BOARD TO, UM, OVERRULE THE, THE, THE POLICE DEPARTMENT'S DETERMINATION IN THIS INSTANCE, NOT REQUIRE, UH, A PLACARD TO BE PLASTERED RUNNING OFF TENANTS AND SCARING THE PEOPLE THAT DO LIVE THERE.
UH, ESSENTIALLY REWARDING A GOOD LANDLORD FOR BEING RESPONSIVE.
AND THAT'S WHAT WE'RE LOOKING FOR, UH, IN THIS APPEAL.
UH, DOES THE CITY HAVE A BRIEF OPENING? YES.
UM, GOOD MORNING, MR. CHAIR AND MEMBERS OF THE BOARD.
THANK YOU, UM, FOR YOUR SERVICE TO THE CITY AND THE RESIDENCE OF DALLAS.
IN THE SPIRIT OF THE NEW YEAR IN MAKING OF RESOLUTIONS THAT GROUND AND CENTER US, I'D LIKE TO GROUND OUR CONVERSATION TODAY IN THE PURPOSE OF THE CITY'S HABITUAL CRIMINAL PROPERTY ORDINANCE.
UM, THE PURPOSE IS TO PROTECT THE HEALTH, SAFETY, AND WELFARE OF THE PEOPLE OF THE CITY OF DALLAS BY OBTAINING AN ODOR COMPLIANCE WITH LAWFUL OPERATIONS, WHICH COMPLIANCE IS LIKELY TO REDUCE CERTAIN CRIMINAL ACTIVITY ON PROPERTY WHERE THE CRIMINAL ACTIVITY IS SO PREVALENT AS TO RENDER THE PROPERTY A HABITUAL CRIMINAL PROPERTY.
REDUCING THE CRIME RATE IN THE CITY OF DALLAS IS ESSENTIAL TO MAKING PROPERTY SAFE AND FOR IMPROVING THE QUALITY OF LIFE FOR OCCUPANTS OF SURROUNDING PROPERTIES.
NOW, THIS ORDINANCE IS NOT ABOUT A PLACARD AND A FEE, IT'S NOT PUNITIVE.
RATHER, THE ORDINANCE SERVES TO ENSURE THAT PROPERTY OWNERS WITH ONGOING CRIMINAL ACTIVITY IMPLEMENT APPROPRIATE AND REASONABLE CRIME PREVENTION MEASURES FOR THEIR BENEFIT, FOR THE BENEFIT OF THEIR TENANTS, AND FOR THE BENEFIT OF THE COMMUNITY AT LARGE.
UH, MOST PROPERTY OWNERS IN THE CITY WILL DO THIS WITHOUT THE INTERVENTION OF THE CITY OF DALLAS OR THE DALLAS POLICE DEPARTMENT, BUT A SMALL MINORITY OF PROPERTY OWNERS WILL ONLY DO THIS WITH THE INTERVENTION AND ASSISTANCE OF THE DALLAS POLICE DEPARTMENT.
THE HABITUAL CRIMINAL PROPERTY PROGRAM PROVIDES THAT SERVICE.
IT ALLOWS THE DALLAS POLICE TO COME ALONGSIDE THE PROPERTY OWNER TO RECOMMEND REASONABLE MEASURES TO ABATE CRIMINAL ACTIVITY AT THE PROPERTY.
ITS SCOPES AND SEQUENCES, THE IMPLEMENTATION OF THOSE REASONABLE MEASURES TO USE RESOURCES EFFICIENTLY.
BUT LIKE ALL THINGS, THAT SERVICE COMES AT A COST, AND THAT COST IS BORE BY THE TAXPAYERS.
SO THIS ORDINANCE DOES REQUIRE A FEE.
UM, IF I MAY SHARE, MAY I SHARE A POWERPOINT PRESENTATION? UH, I MEAN, THIS IS JUST YOUR OPENING, BUT OKAY.
IF YOU'D LIKE, WE CAN SKIP, I'LL GO FORWARD.
UM, TODAY YOU'LL HEAR THAT THE MULTIFAMILY APARTMENT COMPLEX CHEROKEE VILLAGE AT 72 50 ELAM ROAD, UM, WAS THE SITE OF FIVE OR MORE AAT CRIMINAL ACTIVITIES WITHIN A 365 DAY PERIOD BETWEEN JULY 11TH, 2022 AND JULY 11TH, 2023.
IN FACT, IN THAT PERIOD, YOU'LL HEAR THAT THERE WERE 12 SUCH DEBATABLE CRIMINAL ACTIVITIES AND OVER 300 CALLS FOR SERVICE FOR THE DALLAS POLICE DEPARTMENT.
YOU'LL ALSO HEAR THAT THE PROPERTY AT 72 50 ELAM ROAD IS A SITE AT WHICH PERSONS HAVE HISTORICALLY COMMITTED DEBATABLE CRIMINAL ACTIVITIES.
ACCORDING TO RECENT CRIME DATA, DETECTIVE GOMEZ WILL TESTIFY THAT EIGHT AB OFFENSES OCCURRED AT THE PROPERTY AND A 365 DAY PERIOD BETWEEN JULY 10TH, 2021 AND JULY 10TH, 2022.
AND YOU'LL HEAR THAT PRIOR TO THE CITY'S NOTICE OF THE 20 DEBATABLE OFFENSES IN THE TWO YEAR PERIOD, THE PROPERTY OWNER FAILED TO TAKE REASONABLE STEPS TO ABATE THE DEBATABLE
[00:15:01]
CRIMINAL ACTIVITY AT THE PROPERTY.UM, THE PROPERTY MANAGEMENT COMPANY WILL ARGUE AS MR. WOOLEY HAS JUST KIND OF FRAMED THAT IT PRESENTED EVIDENCE OF ITS IMPLEMENTATION OF REASONABLE CRIME PREVENTION MEASURES AT THE ACCORD MEETING.
HOWEVER, THAT EVIDENCE WAS INSUFFICIENT TO REBUT THE PRESUMPTION THAT THE PROPERTY IS A HABITUAL CRIMINAL PROPERTY.
THE PROPERTY MANAGEMENT COMPANY PRESENTED SOME EVIDENCE OF THE INTENT TO IMPLEMENT MEASURES, BUT EVEN TODAY, NEARLY FOUR MONTHS LATER, REASONABLE MEASURES TO ABATE CRIMINAL ACTIVITY AT THE PROPERTY REMAIN UNIMPLEMENTED.
IN FACT, YOU'LL HEAR THAT SINCE THIS PROPERTY WAS DESIGNATED, SEVEN DEBATABLE OFFENSES HAVE OCCURRED AT THE PROPERTY.
AS SUCH, THE CITY ASKED THE BOARD TO UPHOLD THE CHIEF OF POLICE DESIGNATION THAT THE PROPERTY AT 72 50 ELAM ROAD IS A HABITUAL CRIMINAL PROPERTY, SO THAT DALLAS POLICE CAN CONTINUE TO COME ALONGSIDE THE PROPERTY OWNER AND PROPERTY MANAGEMENT COMPANY TO SCOPE AND SEQUENCE THE IMPLEMENTATION OF REASONABLE MEASURES TO ABATE CRIMINAL ACTIVITY AT THE PROPERTY IN A WAY THAT IS EFFICIENT, UM, AND IS TO THE BENEFIT OF THE PROPERTY OWNER, ITS TENANTS AND THE COMMUNITY AT LARGE.
UH, WE'RE NOW BEGIN THE PRESENTATIONS, UH, STARTING WITH THE APPELLANT.
WE WILL CALL, UH, MS. REBECCA BOLDEN.
MS. BOLDEN, WOULD YOU CALL THE COMMITTEE, UH, YOUR FULL NAME? REBECCA BOLDEN.
AND HOW ARE YOU EMPLOYED? UM, I'M EMPLOYED WITH SUN RIDGE MANAGEMENT GROUP.
IS SUN RIDGE MANAGEMENT GROUP, THE MANAGEMENT COMPANY FOR A CHEROKEE VILLAGE? YES, THEY ARE.
AND YOU'LL UNDERSTAND IF I SAY CHEROKEE, I'M TALKING ABOUT, UM, THE APARTMENT COMPLEX KNOWN AS CHEROKEE VILLAGE, WHICH IS ACTUALLY 72 50 ELAM ROAD, LLC IS THE OWNER, CORRECT? CORRECT.
UH, WHEN DID YOU, YOUR COMPANY, FIRST START? UH, UH, MANAGING? WE TOOK OVER THE PROPERTY APRIL 28TH OF 23.
UH, AT THAT TIME, UH, WHEN Y'ALL TOOK OVER, UM, WHAT, WHAT WAS YOUR ROLE IN, IN, IN, IN THE ORGANIZATION? IN OTHER WORDS, YOUR POSITION THERE, YOU'RE NOT THE ONSITE MANAGER, CORRECT? CORRECT.
I'M, UH, VP OF OPERATIONS, SO I'M TYPICALLY AT THE CORPORATE OFFICE.
BUT YOU OVERSEE ALL OF THIS AND YOU HAVE KNOWLEDGE OF ALL OF THE ISSUES THAT ARE GOING ON, CORRECT? TYPICALLY, YES.
NOW, UM, THE FIRST TIME THAT YOU BECAME AWARE THAT THERE WAS ANY ISSUE WITH THE DALLAS POLICE DEPARTMENT OF THIS BEING A HABITUAL CRIMINAL, UH, PROPERTY DESIGNATION WAS APPROXIMATELY WHEN, UH, SOMETIME AFTER JULY THE 13TH, THE LETTER WHEN THE LETTER WAS RECEIVED.
ARE YOU REFERRING TO OUR EXHIBIT ONE? YES.
UH, FOR THE BOARD, THIS IS THE FIRST, UH, EXHIBIT.
IN OUR EXHIBIT, WHICH WE'VE LABELED AS ONE.
I THINK THERE'S SEPARATE EXHIBITS, BUT, UH, SHOULD THERE BE ANY QUESTION? IT IS BATES STAMP CHEROKEE 0 0 0 1 0 9, UH, THROUGH ONE 15.
UH, AND I THINK THIS IS NO QUESTION ON THIS, THIS IS THE SAME DOCUMENT THAT THE CITY WILL BE, UH, PRESENTING LATER ON AS ONE OF THEIR EXHIBITS.
I THINK THEIR EXHIBIT NUMBER THREE.
UM, THIS IS INDICATED TO BE A NOTICE TO OF CHEROKEE OF DESIGNATION OF, OF, UH, CRIMINAL, CRIMINAL PROPERTY.
PRIOR TO, UH, SOMETIME AFTER JULY 13TH, 2023, UH, WERE THERE A ACTIONS THAT WERE ACTUALLY HAD BEEN TAKEN BY THE PROPERTY TO COMPLY WITH WHAT YOU FIND ULTIMATELY FOUND OUT THAT THE CITY WANTED TO BE DONE? WE HAD ALREADY STARTED, WE HADN'T BEEN THERE FOR VERY LONG, BUT WE HAD ALREADY STARTED.
THERE WAS, UH, A SECURITY COMPANY IN PLACE.
THERE WAS, UM, THERE WERE SEVERAL THINGS.
THEY POINTED, ALL THE UNITS WALKED.
WE WERE ALREADY SENDING NOTICES AND FILING EVICTIONS ON, UH, TROUBLED RESIDENCE.
THOSE TYPE OF THINGS WERE ALREADY HAPPENING.
SO AS YOU UNDERSTOOD THE, UH, EXHIBIT ONE, WE'LL CALL IT THIS, THE NOTICE LETTER, THE JULY 13TH, 2023.
YOUR HONOR, UH, AS YOU UNDERSTAND IT, DOES IT SAY THAT IT DOESN'T MATTER WHAT YOU DID AFTER JULY 13TH, 2023, IT'S ONLY WHAT YOU DID BEFORE JULY 20, UH, 13TH, 2023, THE COUNTY.
AND IS IT CORRECT THAT, UH, SOME OF THE ITEMS THAT THE C THAT THE CITY, AND WE'LL CALL IT THE POLICE DEPARTMENT AND INTERCHANGE WITH THE CITY, THAT SOME OF THE THINGS THEY WANTED ARE THINGS THAT WERE ALREADY IN PLACE? CORRECT.
AND WE'LL GO OVER THAT IN A LITTLE BIT, BUT, AND
[00:20:01]
THERE ARE THINGS THAT THEY WANTED TO BE DONE.DID THE OWNER GIVE YOU PERMISSION AND YOU JUMPED RIGHT ON GETTING THAT DONE IMMEDIATELY IS, BUT IS IT ALSO TRUE THAT AT THE COURT HEARING, BASICALLY THE ATTITUDE WAS, IT DOESN'T MATTER WHAT YOU DID AFTER JULY 13TH, 2023? YES.
NOW, AS WE SWITCH OVER TO EXHIBIT OUR EXHIBIT THREE, I'M SORRY, OUR EXHIBIT, UM, TWO, UH, WHICH IS THE SEPTEMBER 5TH, 2023 LETTER FROM THE CITY OF DALLAS, STATING THAT, UM, YOU, YOU, YOU FLUNKED THE TEST AT THE ACCORD HEARING, AND IT'S, UH, THE DECISION IS FILED, UH, AND FOR THE RECORD THAT STARTS WITH THE CHEROKEE BATES NUMBER, UH, ONE 10, AGAIN, THAT'S THE SAME DOCUMENT, I BELIEVE YOU WILL FIND AS THE CITY'S, UH, EXHIBIT NUMBER FOUR.
THIS DOCUMENT BASICALLY SAID THAT AGAIN, YOU, YOU DIDN'T REBUT THE PRESUMPTION AT THE ACCORD MEETING THAT YOU HAD ALL THE STUFF THAT THE CITY WANTED DONE, DONE BEFORE SEPTEMBER OR JULY 13TH, 2023.
IS THAT A FAIR SUMMARY? A LOT OF THE THINGS WERE ALREADY IN PLACE YES.
AND THEY ACTUALLY OUTLINED, UH, MAY HAVE ALMOST THREE PAGES OF THINGS THEY WANT YOU TO DO.
I ASKED YOU TO DO THIS IN PREPARATION FOR THIS HEARING.
WOULD YOU TELL THE COMMITTEE ON THESE MATTERS, THE ITEMS THAT WERE, WERE GENERALLY ALREADY DONE BEFORE JULY 13TH, 2023? JUST IN GENERAL, THEY'VE GOT, IN OTHER WORDS, THEY'VE GOT HEADINGS HERE, CONTROLLED ACCESS.
THEN THEY HAVE THREE ITEMS UNDER LIGHTING, THEY HAVE TWO ITEMS AND SO ON.
SO IF YOU'D TAKE THOSE HEADINGS AND TELL THEM GENERALLY, AGAIN, BECAUSE IT SEEMS TO BE THEIR APPROACH THAT IF YOU DIDN'T KNOW IT, HOWEVER, YOU MIGHT END UP KNOWING IT BEFORE JULY 13TH.
SO BEFORE JULY 13TH, WHAT WAS ALREADY IN PLACE AT THE PRODUCT PROPERTY? UM, WELL, THERE IS FENCING AROUND THE PROPERTY, BUT THE CONTROLLED ACCESS, UM, WAS NOT IN PLACE.
UM, BUT THERE IS A, A FENCE THAT CONTAINS THE PROPERTY.
UM, LIGHTING, A LIGHTING OF UPGRADE HAD BEEN DONE BY THE FIRE MANAGEMENT.
UM, SOMETIME AT THE FIRST OF THE YEAR.
I, I'M NOT EXACTLY SURE WHEN, UM, WHEN WE GOT THERE, WE DID REALIZE THAT A LOT OF THOSE LIGHTS HAD BEEN BROKEN OUT AND WERE NON OPERABLE.
SO OF COURSE WE HAD TO GO IN AND REPLACE THOSE.
WE'VE ALSO STARTED ADDING MORE LIGHTING, UM, IN ANY AREAS THAT, UH, THAT NEEDS IT.
WELL, THIS, RIGHT NOW WE'RE JUST TALKING ABOUT THINGS BECAUSE THIS IS A BIG ISSUE WITH THE CITY.
THEY, THEY SOMEHOW, YOU'RE SUPPOSED TO KNOW WHAT ALL THE CITY WANTS TO BE DONE BEFORE THEY SEND YOU THE, THIS, THE SECOND LETTER, THE NOTICE OF FINAL DETERMINATION.
SO LOOKING AT THEIR LIST OF THINGS THEY WANT IN PLACE, WHAT WAS IN PLACE BEFORE JULY 13TH? THE PARKING WAS ALREADY IN PLACE.
THERE WERE CAMERAS, UM, BUT THEY DID NEED TO BE UPGRADED.
SO, BUT THERE WERE CAMERAS IN PLACE.
UM, THERE WAS A SECURITY COMPANY IN PLACE.
UM, UH, BACK BACKGROUND SCREENINGS THAT'S ALWAYS BEEN IN PLACE.
UM, UM, I GUESS THAT'S ABOUT IT.
SO IS IT A FAIR STATEMENT TO SAY THAT YOU NEEDED TO DO SOME WORK ON THE CONTROLLED ACCESS AND THAT'S THE ACTUAL GATE, CORRECT? CORRECT.
WAS THAT IN PLACE BEING WORKED ON? JUST HADN'T BEEN DONE.
THEY HAD STARTED DOING REPAIRS TO THE FENCING AROUND THE PROPERTY? YES.
UM, I DON'T KNOW WHAT THE PRIOR MANAGEMENT, UM, WAS WORKING ON.
WE KNEW THAT WE WERE GOING TO DO THAT.
UM, I CAN'T SPEAK FOR FOR THEM, BUT YES, WE HAVE BEEN WORKING ON IT SINCE WE TOOK OVER.
SO, AND, BUT Y'ALL TOOK OVER AT THE END OF APRIL, SO THAT'S BEFORE JULY 13TH THAT YOU, THAT WAS ON THE TARGET TO GET DONE? CORRECT.
IT WASN'T THAT THE OWNER WAS IGNORING IT? NO.
AND I THINK YOU SAID THAT THERE WERE SOME BROKEN LIGHTS AND THAT THEY WERE BEING REPLACED OR HAD BEEN REPLACED? MM-HMM.
THAT'S JUST ME BEING FROM WAXAHATCHEE.
EVERYTHING'S FANCY
BUT Y'ALL WERE WORKING ON THAT AND ACTUALLY HAD REPLACED BROKEN LIGHTS? YES.
THE CITY, THE DEPARTMENT WANTS MORE LIGHTS? CORRECT.
BUT BEFORE JULY 13TH, THERE WERE LIGHTS AND BEFORE JULY 13TH, THERE WERE CAMERAS.
IT'S JUST NOW WE KNOW THE CITY WOULD LIKE TO HAVE 'EM UPGRADED.
SO IS IT A FAIR STATEMENT TO SUMMARIZE THAT OF THE THINGS THAT THE, THE POLICE DEPARTMENT OUTLINED IN THEIR LETTER, THEIR FINAL DETERMINATION LETTER OF SEPTEMBER THE THIRD,
[00:25:01]
THE VAST MAJORITY OF THOSE ITEMS WERE ACTUALLY IN PLACE JULY 13TH, 2023.THEY JUST WEREN'T AS REFINED AND, AND FINESSED AND UPDATED AS THE CITY WOULD LIKE? CORRECT.
NOW, ONCE YOU GOT THIS LETTER, DID THE, AND YOU SHARED THIS WITH THE OWNER, DID YOU ACTUALLY JUMP RIGHT ON GETTING EVERYTHING THAT THE CITY WANTED DONE, FINESSED, LED LIGHTING, MORE LIGHTING AND MORE PATROLS, FANCIER
AND THAT'S ACTUALLY BEEN IN PROGRESS, CORRECT? YES.
AS WE SIT HERE TODAY, WHERE ARE WE ON THE LAST NCE OF ITEMS THAT, UH, ARE STILL IN PROGRESS THAT YOU'RE WAITING ON VENDORS TO FINISH OR, OR GET DONE? UH, THE CONTROLLED ACCESS, THE PEDESTRIAN GATES ARE BEING WORKED ON AS WE SPEAK.
UM, AND THAT WAS THAT WE WERE ASKED TO DO THOSE FIRST, SO THAT'S WHY THEY'RE WORKING ON THOSE NOW.
UM, THE CONTROLLED ACCESS IS WHAT WILL HAPPEN NEXT FOR THE VEHICLES, AND WE CONTINUE TO UPGRADE THE LIGHTING THROUGHOUT IT.
I MEAN, THERE'S A LOT THAT HAS TO BE REPLACED OVER AND OVER AGAIN.
IT'S JUST THE NATURE OF, OF THE PROPERTY, BUT, UM, BUT WE'RE ALSO CONTINUING TO UPGRADE THE LIGHTING.
NOW, AS A PRACTICAL MATTER, THIS IS A HUD PROPERTY, IS THAT RIGHT? CORRECT.
WOULD YOU TELL THE, THE MEMBERS JUST GENERALLY WHAT'S INVOLVED WHEN IT'S A HUD PROPERTY AS FAR AS MAINTAINING AND KEEPING THE PROPERTY UP? THEY'RE ALSO VERY INVOLVED.
THEY DO YEARLY INSPECTIONS, UH, AND THEY, UH, REQUIRE THAT WE WALK THE UNITS TWICE A YEAR AND DOCUMENT THE CONDITION OF THE UNITS.
AND, UH, THERE'S, UH, REACT INSPECTIONS THAT REQUIRE THAT THE, UH, RESIDENTS ARE SCREENED.
UM, THERE'S JUST A LOT OF THE ITEMS THAT WERE REQUESTED, A LOT OF THAT IS REQUIRED BY HUD ANYWAY.
AND WAS BEING DONE AS FAR AS YOU COULD TELL, EVEN BEFORE Y'ALL TOOK OVER MAT, CORRECT? CORRECT.
IT CERTAINLY WAS DONE BEFORE, UH, JULY 13TH, 2023.
NOW, HOW LONG HAVE YOU BEEN IN THIS BUSINESS? UH, OVER 20 YEARS.
YOU CONSIDER YOURSELF FAIRLY KNOWLEDGEABLE ABOUT THE BUSINESS? YES.
UM, WHEN WAS THE FIRST TIME THAT YOU HAD KNOWLEDGE AND FOCUSED ON THESE REQUIREMENTS THAT THE CITY WANTS TO IMPOSE UNDER THIS ORDINANCE? AND WHEN DID YOU KNOW ABOUT THE ORDINANCE PER SE? I MEAN, THE, THE DETAIL OF THE ORDINANCE WHEN WE RECEIVED THE LETTER.
NOW, YOU'RE ACTIVE IN, IN MANAGEMENT, CORRECT? YES.
AND TO YOUR KNOWLEDGE, HAD THE CITY ACTUALLY SENT OUT SAID, HEY, ALL LANDLORDS, ALL MANAGEMENT COMPANIES, BE AWARE WE HAVE A NEW TOOL.
THIS WAS ENACTED IN THE MID 20 TEENS, CORRECT? AS FAR AS WE CAN TELL, CORRECT.
NO PUBLICATION OF THAT TO THE GENERAL POPULACE OF THE PEOPLE IN BUSINESS BUSINESS.
IS THAT A FAIR STATEMENT TO YOUR KNOWLEDGE? TO MY KNOWLEDGE, YES.
I KNOW THAT THERE WAS A, A SAFE TEAM.
I KNOW THAT THERE WERE THINGS THAT WE WOULD'VE TO GET TOGETHER, BUT TO THIS EXTENT AND TO THE EXTENT OF, UH, OF WHAT HAPPENS AND, AND WHAT THE OWNER IS REQUIRED TO DO, NO, I WAS NOT THAT AWARE.
AND SO IS IT FAIR TO TO SAY THAT THE COOPERATION, I MEAN, MANAGEMENT COMPANY CAN ONLY DO WHAT THE, UH, OWNER FUNDS AND ALLOWS YOU TO DO.
IS IT FAIR TO SAY THAT THIS OWNER, AS SOON AS YOU SHARED WITH THE OWNING ENTITY WHAT NEEDED TO BE DONE, THEY SAID, GO DO IT.
THEY DIDN'T PUSH BACK AND SAY, WELL, WE'LL GET AROUND TO IT WHEN THE SPIRIT MOVES IT.
SO NOT HAVING THE KNOWLEDGE BEFOREHAND BECAUSE IT WASN'T PUBLICIZED WAS A GREAT IMPAIRMENT TO YOUR ABILITY TO DO YOUR JOB AND THE OWNER TO DO WHAT THE CITY SAYS IS THEIR JOB.
NOW, YOU KNOW, THERE'S AN ISSUE HERE AS TO, UM, YOU KNOW, DIFFERENT AVAILABLE CRIME.
DO YOU KNOW WHAT AN AVAILABLE CRIME MEANS? NO.
I'LL SUBMIT TO YOU, I'VE RESEARCHED IT.
I HAVE LOOKED IN GREAT DEPTH IN THE DETAILS OF THE CASE LAW.
WHAT IS DEFINED AT THE, IN THE ORDINANCE IS REFERENCING TO A CIVIL STATUTE, WHICH IS A NUISANCE, UH, STATUTE.
AND SO I WOULD, YOU KNOW, WE LOOK AT THAT AND SAY, OKAY, THIS IS ANOTHER ISSUE THAT HOW ARE THE LANDLORDS SUPPOSED TO KNOW? HOW ARE THE MANAGEMENT COMPANIES SUPPOSED TO KNOW WHEN I 48 YEARS O OF PRACTICING LAW CAN'T EVEN FIND A CASE IN THE GREAT STATE OF TEXAS THAT DEFINES IT? HOW DID, HOW WOULD YOU KNOW? UH, I'M NOT SURE.
I GUESS SOMEBODY WOULD'VE TO EXPLAIN TO ME
SO ALL I CAN DO IS LOOK AT THE CIVIL STATUTE THAT SAYS, WELL, THIS IS A NUISANCE TO HAVE DISCHARGE OF GUNS, THINGS OF THIS NATURE.
NOW, THERE WAS A MURDER ON ONE OF THE ITEMS THAT THE CITY CITED, CORRECT? CORRECT.
[00:30:01]
IS IT TELL, IS IT CORRECT THAT THAT MURDER DIDN'T HAPPEN ON, ON THE CHEROKEE VILLAGE PROPERTY? THE SHOOTING PORTION OF THAT MURDER DID NOT HAPPEN ON OUR PROPERTY.UM, THE PERSON THAT WAS SHOT WAS TRYING TO GET AWAY AND PASSED AWAY ON OUR PROPERTY.
HAPPENED TO COME ONTO YOUR PROPERTY? CORRECT.
CAN YOU, IN YOUR WILDEST IMAGINATION, FIGURE OUT HOW YOU, THE PROPERTY COULD HAVE STOPPED THE SHOOTING FROM ANOTHER PROPERTY TO END UP ON YOUR PROPERTY WHERE THE PERSON, UH, PASSED ON? NO.
UH, WHAT ABOUT ISSUES SUCH AS DISCHARGE OF GUNS? IF YOU HAVE A POLICE FORCE CIRCLING OUT THERE, THE PAX ACTUAL POLICE DEPARTMENT'S CIRCLING, MAYBE THAT'S ONE THING, BUT THE SECURITY PATROLS, EVEN IF YOU HAVE 'EM 24 7, IF SOMEBODY WANTS TO DISCHARGE A GUN, CAN YOU IMAGINE HOW YOU PREVENT THAT? I'M NOT SURE HOW YOU WOULD DO THAT.
HAVE YOU EVER BEEN TRAINED BY THE CITY OR INFORMED BY THE CITY OR THE POLICE DEPARTMENT ON HOW TO DO THAT? NO.
YOU'RE JUST SUPPOSED TO KNOW HOW TO DO THAT.
NOW, ONE OF THE ISSUES THAT IS A, OF A GREAT CONCERN TO OUR OWNER AND, AND THAT'S THE MANAGEMENT COMPANY, IS ALTHOUGH THE STATUTE SAYS THAT THIS IS DISCRETIONARY THE CITY WITHOUT FAIL, IN MY EXPERIENCE AND THINGS I HAVE LOOKED AT, INCLUDING A NUMBER OF OTHER HEARINGS THAT HAVE GONE ON THAT ARE RECORDED, UH, ALWAYS GOES AFTER, WE WANT YOU TO PLASTER A BIG PLACARD ON THE, THROUGHOUT THE PROPERTY FOR EVERYBODY TO SEE THAT THIS HAS BEEN DESIGNATED HABITUAL CRIMINAL PROPERTY.
YOU KNOW WHAT I'M TALKING ABOUT? YES.
IN YOUR 20 OR SO YEARS OF PRACTICING IN THIS AREA, WOULD YOU TELL THE, THE COMMISSION WHAT YOU THINK IS THE END RESULT OF THAT BEING PLASTERED ON THE PROPERTY AS IT RELATES TO PROSPECTIVE TENANTS AND CURRENT TENANTS? I THINK IF THE PROPERTY IS TRYING TO QUALIFY GOOD PEOPLE, GOOD PEOPLE WHO WANT A SAFE PLACE TO LIVE, UM, THAT'S DEFINITELY GONNA TURN AWAY THE PROSPECTS THAT WE'RE TRYING TO BRING IN.
UM, IN FACT, I WOULD GO SO FAR AS TO SAY IT MIGHT EVEN ENCOURAGE A CRIMINAL TO BE THERE BECAUSE THERE'S ALREADY SO MUCH GOING ON THAT THERE'S DISTRACTION, BUT IT WOULD DEFINITELY, ANYBODY WHO WAS PROBABLY THE PERSON YOU WERE LOOKING TO GET IN THE DOOR IS PROBABLY NOT GOING TO LEASE THERE.
SO IN ALL DEFERENCE TO THE POLICE DEPARTMENT WHO PROBABLY HAS NEVER MANAGED AN APARTMENT, MAYBE EVEN OWNED AN APARTMENT, THIS IS COUNTERINTUITIVE TO THOSE OF YOU IN THE BUSINESS AS TO WHAT TO DO TO PREVENT THE VERY ISSUES THEY WANT.
TO TRANSITION THE PROPERTY, I MEAN, WE'RE TRYING TO TRANSITION GOING PROBLEM, AND, AND IT'S NOT JUST DESCRIBING THE COMMISSION, KIND OF HOW IT'S LOGISTICALLY, YOU KNOW, WHERE IT IS AS FAR AS IN, IN RELATION TO OTHER APARTMENT COMPLEXES.
SO IT'S ON THE CORNER OF, OF A VERY BUSY AREA.
WE'RE ACTUALLY VERY CLOSE TO THE POLICE DEPARTMENT ALSO, SO WE'RE FORTUNATE IN THAT MATTER.
BUT, UM, IT IS, IT BACKS UP TO TWO OTHER PROPERTIES AND, UH, WE LITERALLY SHARE LIKE A DRIVEWAY.
IT, IN FACT, MOST OF THE TIMES PEOPLE DON'T EVEN KNOW, THEY'RE NOT UNDERSTANDING WHICH PROPERTY THEY'RE AT.
SO THERE'S ONE THAT'S DIRECTLY BEHIND US, AND THERE'S ONE THAT'S TO THE SIDE, BUT WHEN YOU LOOK AT IT AS A WHOLE, IT LOOKS LIKE ONE BIG PROPERTY.
UH, YOU SAID THE POLICE DEPARTMENT, THERE'S A, THERE'S A POLICE SUBSTATION NEAR YES.
IS THIS A HIGH CRIME AREA? IT IS.
IT'S NOT JUST THE APARTMENT COMPLEX AT THE VILLAGE, CORRECT.
THE CHEROKEE VILLAGE, CORRECT.
OR THE TWO ADJACENT PROPERTIES, CORRECT? CORRECT.
IT THIS IS A HIGH CRIME AREA, JUST THE WHOLE AREA.
IT IS NOTWITHSTANDING THE POLICE DEPARTMENT IS RIGHT DOWN THE STREET? CORRECT.
BUT NONETHELESS, EVEN WITH THEM BEING DOWN THE STREET, AGAIN, WHAT YOU SHARED WITH US EARLIER, YOU WERE NOT AWARE, AND AS FAR AS YOU KNOW, THE OWNER WAS NOT AWARE AND PROBABLY NOBODY ELSE IS AWARE UNTIL THEY GET THIS LETTER FROM THE DEPARTMENT SAYING, YOU'RE HIGH, UH, YOU'RE HABITUAL CRIMINAL PROPERTY AND WHAT WE WANT YOU TO DO ABOUT IT, YOU DON'T KNOW THAT.
UM, HAVE YOU HAD SOME PROBLEM GETTING SOME INFORMATION OUT OF THE POLICE DEPARTMENT? UH, AFTER ALL OF THIS CAME UP, DID YOU START REQUESTING SOME INFORMATION? WE'VE HAD A LITTLE BIT OF TROUBLE, UH, WITH COOPERATION.
UM, YES, WE HAVE REQUESTED, UH, SOME
[00:35:01]
ONSITE VISITS.WE'VE REQUESTED SOME THINGS THAT HAVE FALLEN ON DEAF EARS.
UM, I KNOW THEY'RE BUSY, UH, CALLING SOMETIMES, NOT, SOMETIMES, SOMETIMES WE'VE TRIED TO HELP, UH, RESIDENTS CALL FOR WHATEVER SITUATION THEY HAVE AND WE DON'T GET A RESPONSE.
I'M SURE THAT THERE'S AN ORDER TO THINGS, BUT YOU WOULD THINK WE NEVER GET A RESPONSE.
I GUESS THAT'S WHAT I NEED TO SAY.
SO, AND WE ALL APPRE WE ALL APPRECIATE THE POLICE DEPARTMENT.
WE UNDERSTAND THEY'RE OVERWORKED.
UNDERPAID AND UNDERLOVED, BUT TO THEN EXPECT US TO BEAR THE BURDEN THAT APPARENTLY THEY DON'T EVEN THEIR PRESENCE DOWN THE STREET DOESN'T HAVE TOO MUCH OF AN EFFECT ON IS WHAT WE'RE REALLY APPEALING HERE IS SAYING, HEY, WE JUMPED THROUGH HOOPS AS SOON AS YOU TOLD US WHAT YOU WANTED.
I DON'T THINK THERE'S GONNA BE ANY QUESTION THAT YOU'RE WORKING ON IT AND THAT YOU INTEND TO FINISH IT.
THE STUFF THAT'S IN PLACE, THE OWNER INTENDS TO GET FINISHED AND DONE.
AND YOU THINK IT'S GONNA BE DONE SHORTLY? YES.
IT'S, IT'S, YOU GET BACK DOWN TO THE POINT OF WHY PUNISH SOMEBODY WHO'S ACTUALLY RESPONDING TO WHAT THE POLICE DEPARTMENT HAS REQUESTED WITH LITERALLY HAVING YOU PLASTER PLACARDS THAT'S GONNA SCARE THE LIVE IN DAYLIGHTS OUT OF PROSPECTIVE TENANTS, CHASE 'EM AWAY.
OR AS YOU SAID, WHICH I HADN'T THOUGHT ABOUT, BUT IT DOES MAKE SENSE.
IT MIGHT BE A WELCOMING, BUT TO THE BAD GUYS.
THIS IS, THIS IS, I BET YOU A COME ON DOWN.
THAT'S JUST, IT DOESN'T MAKE SENSE, DOES IT? NO.
MR. WILLIE, YOU HAVE 10 MINUTES REMAINING.
THE, UH, GIVE ME JUST A SECOND.
I THINK I'M ACTUALLY THROUGH WITH THIS PARTICULAR WITNESS.
MR. TRAVIS, DO YOU CITY HAVE QUESTIONS FOR THIS WITNESS? YES, JUST A FEW.
UM, YOU MENTIONED THAT, UM, YOU HAD A HARD TIME GETTING SOME INFORMATION OUT OF THE DALLAS POLICE DEPARTMENT.
DO YOU HAVE DETECTIVE GOMEZ'S CONTACT INFORMATION? YES, WE DO.
AND HAVE YOU SPOKEN TO HIM FREQUENTLY? THE MANAGER HAS.
YOU ALSO MENTIONED THAT THE FIRST COUPLE THINGS THAT WERE ASKED OF YOU TO DO ON THE PROPERTY WAS TO FIX THE VEHICULAR AND PEDESTRIAN GATES AND CLOSE THEM.
ARE THOSE CLOSED TODAY? NO, THEY'RE NOT.
IT'S IN PROCESS, BUT NO, THEY'RE NOT CLOSED.
DO YOU, UM, ONE LAST QUESTION.
DO YOU FEEL THAT THE DESIGNATION LETTER, UM, WAS HELPFUL FOR YOU TO HAVE A GUIDELINE ON HOW TO GET THE PROPERTY UP TO STANDARDS? DO YOU FEEL LIKE THAT LETTER WAS HELPFUL AT ALL? OF COURSE, YES.
I, I MEAN, I UNDERSTAND, I UNDERSTAND THE PROCESS.
I UNDERSTAND WHAT NEEDS TO, UH, HAPPEN, UH, NO ARGUMENT WITH THAT.
ONE, FOLLOW UP ON, ON THAT, IF I MIGHT, UH, IN THAT LAST QUESTION THAT IT IS HELPFUL, OF COURSE, IT'S HELPFUL, AND IT'S JUST, IS IT A CORRECT SUMMARY OF YOUR TESTIMONY THAT IT WOULD BE MORE HELPFUL TO HAVE THAT INFORMATION PRESENTED TO YOU BEFORE? YOU DON'T HAVE ANY OPPORTUNITY TO CORRECT ANYTHING IN THE EYES OF THE, THE POLICE DEPARTMENT? CORRECT.
SO IF THEY HAD ACTUALLY SENT YOU THE, THE NOTICE LETTER INFORMATION, AND THEN HERE'S WHAT IT TAKES TO FIX IT AND SAID, YOU KNOW, START WORKING ON THIS, THAT IS SOMETHING YOU HAVE NO QUESTION BASED UPON THE RESPONSE YOU'VE GOTTEN FROM YOUR OWNERS, THAT THEY WOULD'VE GOTTEN TO GOTTEN ON INTO DOING THAT.
THEY DIDN'T NEED THE HEAVY HAND OF THE LAW COMING IN AND SAYING YOU'RE HABITUAL CRIMINAL PROPERTY.
KNOWING ABOUT IT BEFOREHAND WOULD BE USEFUL.
AND IF THERE'S ONE MIS MESSAGE WE WOULD LIKE TO SEND TO THIS DEPARTMENT, IS THAT PLEASE TRY TO REWARD THE GOOD RESPONSIVE LANDLORDS YES.
WITH, WITH THIS, THIS KIND OF INFORMATION AND DEAL WITH THE LUM PARTS OF THE WORLD AS UNIQUELY.
NOW, UH, IS THAT YOUR ONLY WITNESS, MR. WILLIE? UH, YES.
OTHER THAN THE CROSS OF, OF OFFICER GOMEZ.
THAT WOULD BE MY ONLY OTHER ONE.
DO I HAVE 10 MINUTES LEFT? CORRECT.
IF I NEEDED ANOTHER WITNESS? UH, YOU HAVE GOT, UH, NINE MINUTES LEFT.
UH, WE'LL NOW PROCEED WITH, UH, BOARD QUESTIONING, AND I WILL GO DOWN THE LIST OF MEMBERS.
[00:40:01]
WE'LL DO A THREE MINUTE ROUND AND A TWO MINUTE ROUND.MS. ANO, DO YOU HAVE QUESTIONS? NO QUESTIONS, NO QUESTIONS.
CAN YOU HEAR ME OKAY? YES, PLEASE PROCEED.
MY QUESTION IS, WHAT'S THE OWNER'S, UH, WHAT IS THE NAME OF THE OWNERS AGAIN? WHO ARE THE OWNERS? THE 72 50 ELAM ROAD, LLC? IS THAT WHAT YOU'RE REFERRING TO? OKAY.
THAT'S, THAT'S THE, UH, THAT CHEROKEE VILLAGE.
THE LLC IS CALLED 72 50 EL UHHUH.
UH, MR. JEFFERSON, DO YOU HAVE ANY QUESTIONS? UH, YES, I DID.
UH, I'M CONFUSED, MR. WOOLLEY, BY WHAT YOU ARE DEFINING AS A RESPONSIVE, UH, MANAGE MANAGEMENT COMPANY FOR THIS PROPERTY WHEN, UH, THERE'S NO PREVENTIVE MAINTENANCE THAT'S SET ASIDE OTHER THAN WHEN YOU ARE REPRIMANDED BY, UH, THE POLICE OFFICERS.
UH, WHY ISN'T IT, YOU KNOW, WHY, WHY DOESN'T THE MANAGEMENT TAKE ACTIONS TO, UH, AND I'M JUST USING, FOR EXAMPLE, SECURE THE PROPERTY FIRST.
IF, IF YOU'RE GOING, I'M, I'M SAYING WITHOUT ANYONE TELLING YOU TO DO IT.
IF YOU CAN SEE THAT THERE IS, THIS IS A HIGH CRIME AREA AND YOU CAN SEE THAT PEOPLE ARE GETTING MURDERED AND DOING DRUGS ON THE PROPERTY, WHY DO YOU NEED TO HAVE SOMEONE TO COME AND SLAP YOUR HAND AND SAY, YOU NEED TO DO THIS AND YOU NEED TO DO THAT? WOULD YOU LIKE ME TO ANSWER THAT, OR WOULD YOU LIKE MS. BOLAND TO ANSWER THAT EITHER MS. BOLAND? WELL, YOU HAVE TO KEEP IN MIND THAT WE TOOK OVER THE END OF APRIL.
SO, UM, WE HAD NOT BEEN AT THE PROPERTY VERY LONG.
UM, THERE WERE, UH, TWO DIFFERENT COURTESY PATROL COMPANIES IN PLACE, UM, PERFORMANCE SECURITY, UH, PRIOR TO THE COMPANY THAT WE HAVE NOW.
UM, WE KNEW WE HAD TO HAVE A GOOD COMPANY IN PLACE.
IT WAS ACTUALLY, YOU KNOW, PROVIDING THE REPORTS AND RESPONDING AS WE NEEDED.
BUT WE DID FINALLY GET A GOOD COMPANY IN PLACE WHO'S VERY RESPONSIVE, AND THEY ARE ACTUALLY SHARING, UM, THEY ACTUALLY HAVE CONTRACTS WITH THIS, UH, PROPERTIES THAT ARE, UH, LOCATED NEAR US.
SO WE'RE, WE'RE ABLE TO SHARE THEIR HOURS.
UM, SO WE MAKE SURE THAT WE USE THEM DURING DIFFERENT TIMES SO THAT IF WE HAVE A PROBLEM OR, OR THEY HAVE A PROBLEM AND THEY'RE ON SOMEONE ELSE'S PROPERTY, THEY'RE AVAILABLE MORE HOURS TO SHARE.
UM, SO THERE WAS CURRENCY PATROL.
AS I MENTIONED TO YOU, THE LIGHTING UPGRADE HAD ALREADY BEEN DONE PRIOR TO OUR TAKEOVER.
UM, IT, IT DID HAVE SOME LIGHTS THAT WERE OUT AND EVERYTHING, AND SO THAT ABSOLUTELY NEEDED TO HAPPEN, AND WE WERE WORKING ON THAT.
UM, THERE WERE THE, THE ACCESS GATES, UM, I, I PROBABLY NEED TO CLARIFY.
SO WE KNEW THAT THAT WAS PROBABLY GONNA BE THE LAST THING THAT WE DID.
UM, BECAUSE IT INVOLVES THE FIRE DEPARTMENT, IT INVOLVES SEVERAL DIFFERENT DEPARTMENTS.
WE ALSO WERE TRYING TO DECIDE HOW TO LIMIT THE ACCESS EVEN MORE.
'CAUSE CURRENTLY THERE ARE THREE GATES.
WE WANTED TO MAKE SURE THAT WE COULD ELIMINATE ONE AND ONLY ALLOW ONE ENTRANCE AND ONE EXIT ON EACH SIDE OF THE PROPERTY SO THAT THE FLOCK CAMERAS COULD DO THEIR JOB.
WE DIDN'T WANT TO HAVE TOO MANY ENTRANCES AND EXITS.
YOU, YOU CAN'T JUST DO IT WITHOUT FIRE DEPARTMENT APPROVAL.
UM, THE, WHAT ELSE DID, WHERE WE WERE ALREADY, YOU KNOW, I DON'T KNOW IF YOU'RE FAMILIAR WITH THIS, BUT THEY HAD ASKED US TO WALK THE UNITS.
WE WERE ALREADY ISSUING NOTICES TO.
WE KNEW THAT WE HAD PROBLEMS WITH CERTAIN APARTMENTS, UM, THAT HAD BEEN REPORTED TO US, AND WE WERE ALREADY FILING, EVICTIONS WE'RE ALREADY ISSUED.
ALL THAT WAS HAPPENING PRIOR TO OUR, OUR MEETING WITH THE CITY.
UM, THERE WERE DETAILS THAT THEY WANTED, YOU KNOW, ADDITIONAL LIGHTING.
UH, THE CAMERAS, THE CAMERAS WERE NOT RECORDING SUFFICIENTLY.
THE MEMORY ON THE CAMERA WASN'T, UH, HOLDING ENOUGH DATA,
[00:45:01]
AND THE CAMERAS WERE NOT AS GOOD OF A QUALITY AS, AS YOU CAN GET TODAY.SO THEY ASKED US TO ADDRESS THAT, AND WE DID, UM, I'M TRYING TO THINK WHAT ELSE.
UH, BUT SEVERAL OF THE, SEVERAL OF THE ITEMS WERE ALREADY THERE.
UM, WE JUST TOOK IT TO THE NEXT LEVEL.
THAT'S, THAT'S YOUR TIME FOR THIS ROUND.
UM, REBECCA, I, I GUESS YOUR LAST NAME AGAIN? I'M SORRY.
SO I WANTED TO UNDERSTAND, DID YOU ATTEND THE COURT HEARING ON AUGUST 8TH? YES, I DID.
WHO ELSE ATTENDED WITH YOU? UH, THE PROPERTY SUPERVISOR AT THAT TIME, LINDA LEY, UM, THE, UH, BRADLEY BIRCH FROM THE OWNERSHIP GROUP ALSO ATTENDED.
I NOTICED THAT BRADLEY BIRCH NAME WAS UP ON THE VIDEO AT THE BEGINNING OF THIS AND THEN DISAPPEARED.
WAS HE GOING TO ATTEND THIS? HE'S, HE'S OUT OF THE COUNTRY.
HE DID TELL US HE WAS CONCERNED ABOUT, UH, I SEE HIS NAME UP THERE, BUT I DON'T KNOW IF HE'S STILL, YES, I, I'M HERE.
SO IN REGARD TO THIS, UH, OWNERSHIP GROUP, THEY'VE OWNED IT PRIOR TO YOU, UH, HELPING OUT IN REGARD THROUGH YOUR, UH, MANAGEMENT TEAM.
IS THAT CORRECT? DAVE OWNED IT FOR A FEW YEARS, YES.
DID THEY INFORM YOU ABOUT THE 2021 MURDER THAT OCCURRED ON THAT PROPERTY? WE WERE FAMILIAR WITH THAT, YES.
WAS THERE ANY CHANGES MADE AFTER THE 2021 MURDER ON THAT PROPERTY? UH, THAT'S ONE OF THE, UH, COURTESY PATROL CHANGES THAT TOOK PLACE.
SO THERE WASN'T ANY PATROL AND THE LIGHTING AND THE, AND THE LIGHTING, ACTUALLY, IN REGARD TO THE PACKET THAT WE HAVE, WE HAVE, I GUESS WHAT I'M LOOKING AT IS, AND I'M JUST GONNA READ PAGE NUMBERS OF PAGE 2 61, AND THEN OF PAGES 2 63 AND PAGES 2 64, ALONG WITH OTHER PAGES THAT WERE, I THINK WERE IN YOUR, UM, IN THE APPELLANT'S EXHIBIT.
WHAT I WAS CURIOUS ABOUT IS THAT THAT'S, THOSE ARE TAKEN IN NOVEMBER AND THERE ARE NO FENCING ON SOME PLACES.
A LOOK, IT APPEARS TO BE ALONG AN ENTIRE STREET.
IS THAT STILL THE WAY IT IS CURRENTLY TODAY ON JANUARY 18TH? I NEED TO SEE THE PICTURE, OR JUST IN GENERAL ON YOUR, WITH THE PROPERTY.
ARE THERE SIDES OF THE PROPERTY THAT DO NOT HAVE ANY FENCING UP? NO.
UM, THE, THE ONLY AREA THAT DOESN'T, IT, IT MIGHT LOOK LIKE THAT BECAUSE OF THE WAY THAT THE PROPERTY IS, IS DESIGNED, IT, UM, IT PROBABLY LOOKS LIKE THE FRONT OF THE PROPERTY'S EXPOSED, BUT THERE'S NO WAY TO ENCLOSE THE FRONT, UH, LIKE WHERE THE OFFICE IS.
IT HAS TO START A LITTLE BIT FURTHER BACK, UH, WHERE THE UNITS ARE AT.
THE ONLY AREA THAT'S OPEN IS THE ACCESS GATE AREA.
IN REGARD TO THE LETTER THAT YOU RECEIVED IN SEPTEMBER, IT STATES THAT, UH, SPECIFICALLY POSTING A PLACARD NEEDED TO BE ON THE PROPERTY WITHIN 10 BUSINESS DAYS OF RECEIVING THE LETTER.
IS THE PLACARD UP NOW? IT IS NOT.
I, I DON'T BELIEVE WE'VE EVEN RECEIVED THE PLACARD.
IT'S, IT'S NOT REQUIRED UNTIL A FINAL DETERMINATION, WHICH IS GOING THROUGH THIS PROCEEDING PER THE COORDINATES REGARDING THE, YOU HAD STATED ON THE MURDER ENDING UP ON YOUR PROPERTY, OR AT LEAST ONE OF THE THREE THAT HAD BEEN MR. CRICHE.
DO YOU HAVE ANY QUESTIONS? I DO.
UM, MR. WOOLSEY AND MS. BOLDEN, YOU MADE A BIG POINT THAT YOU HAD A LOT OF THE MEASURES IN PLACE BY THE TIME OF THE ACCORD MEETING.
UM, YOU ARE ENCOURAGED, OF COURSE, TO BRING EVIDENCE TO THAT MEETING.
UM, AND AS I LOOKED THROUGH YOUR EXHIBITS, AND I HAVE TO ADMIT, I DID NOT READ ALL 444 PAGES WORD FOR WORD.
I DIDN'T SEE ANYTHING IN HERE THAT IS PRIOR TO THAT JULY OR AUGUST 8TH ACCORD MEETING, THAT EVERYTHING LOOKS TO BE SUBSEQUENT TO THAT MEETING.
[00:50:01]
I MISS ANYTHING? CAN YOU POINT ME TO EXHIBITS THAT SHOW WHAT YOU HAD IN PLACE PRIOR TO THE JULY 13TH ACCORD MEETING? OR BETWEEN JULY 13TH, OR EXCUSE ME, THE JULY 13TH NOTICE AND OR BETWEEN JULY 13TH AND AUGUST 8TH.I'M GONNA WALK HER THROUGH OUR EXHIBIT, UH, BINDER HERE, WHICH WE'LL BE REFERENCING IS IN YOUR, WE GET A LOT OF FEEDBACK THERE.
CAN Y'ALL HEAR ME? CAN YOU UNDERSTAND YOU? WE COULDN'T UNDERSTAND YOU, SIR.
YEAH, I'M HEARING A LOT OF FEEDBACK.
I'M GONNA WALK MS. BOLDEN THROUGH THE EXHIBITS, WHICH WE HADN'T DONE.
THAT'S WHAT I HAD RESERVED MY NINE
BUT, UM, IF YOU WILL KIND OF WALK AS I WALK THROUGH THIS, WOULD YOU EXPLAIN WHAT OUR DIFFERENT EXHIBIT NUMBERS ARE AND WHAT WAS THERE EVEN, EVEN IF IT WASN'T THIS PRIOR TO THE, THE JULY 13TH LETTER? RIGHT.
SO ON JULY 13TH, THE COURTESY PATROL COMPANY EXHIBIT FIVE, UM, THE COURTESY PATROL COMPANY THAT WAS IN PLACE AT THAT TIME WAS TEXAS SURVEILLANCE.
UM, THERE WAS ANOTHER COMPANY IN PLACE PRIOR TO THIS COMPANY THAT, UM, JUST HONESTLY WASN'T DOING THEIR JOB.
AND, UH, AND SINCE THIS TIME, TEXAS SURVEILLANCE IS NOT THERE ANYMORE, EITHER WE CHANGED AGAIN AND NOW IT'S SOC SECURITY, UM, WHO'S BEEN PHENOMENAL.
MR. HAYES'S QUESTION IS PRIOR TO THE ACCORD MEETING, BUT IT'S REALLY TECHNICALLY ACCORDING TO THE CITY, PRIOR TO JULY 13TH NOTICE LETTER, WHAT WAS IN PLACE? AND IS THAT WHAT YOU'RE ASKING MR. HAYES? RIGHT.
SO COURTESY PATROL WAS IN PLACE.
AND WHAT ABOUT EXHIBIT SIX? WHAT DOES THAT SHOW? UH, THE FENCING, I MEAN, THERE WAS FENCES, THERE WAS FENCING AROUND ALL OF THE PROPERTY.
UH, IT'S ONLY THE, THE LIMITED ACCESS THAT'S NOT WORKING.
AND WHAT ABOUT EXHIBIT SEVEN? UM, THAT'S A DUPLICATE.
DID IT A, UM, FLOCK CAMERAS, THOSE WERE NOT IN PLACE.
NOW, WE DID HAVE LICENSE PLATE CAMERAS, UM, WITH THE CAMERA SYSTEM, BUT IT WAS LATER EXPLAINED TO US THAT THEY DID NOT TAKE STILL PICTURES AND THE POLICE DEPARTMENT WANTED TO HAVE ACCESS.
SO WE MOVED FORWARD WITH THE FLOCK CAMERAS.
BUT YOU HAD CAMERAS IN PLACE BEFORE THAT TOOK LICENSE PLATE.
LICENSE PLATE, IT JUST WASN'T WHAT THE POLICE DEPARTMENT WANTED? CORRECT.
UH, THAT'S THE NEW COURTESY PATROL COMPANY.
UH, WE DID NOT HAVE THE CRIMINAL TRESPASS AFFIDAVIT IN PLACE.
UH, THAT YOU NEEDED IT BEFORE THEN? NO, I WASN'T EVEN AWARE THAT IT WAS A THING, BUT IT'S IN PLACE NOW.
I GUESS WHO WOULD THINK THAT THE POLICE DEPARTMENT NEEDS PERMISSION TO COME ON YOUR PROPERTY? CORRECT.
BUT THEY ASKED FOR THAT AND YOU GOT IT.
WE DID EXHIBIT 11, UH OH, THE OPEN RECORDS? NO, I, I, WE DID NOT HAVE THAT IN PLACE.
THAT'S ONE AREA WHERE WE HAD REQUESTED ASSISTANCE FROM, UM, THE NPO OFFICER.
AND ORIGINALLY WE WERE TOLD THAT, UH, THAT THOSE DOCTOR, THAT ALL THAT HAD BEEN ERASED FROM THE SYSTEM AND IT WAS NO LONGER AVAILABLE LATER, UH, WE FOUND OUT WHEN WE WENT TO THE POLICE DEPARTMENT THAT WE COULD REQUEST THEM.
SO WE REQUESTED ALL THOSE REPORTS.
WHAT ABOUT EXHIBIT WELL BEFORE JULY 13TH? WHAT DOES THIS SAY? EV EVICTIONS AND NOTICES TO VACATE AND JUST GETTING RID OF PEOPLE THAT WERE TROUBLE.
AND THIS SHOWS THAT THIS WAS BEING DONE BEFORE, CORRECT? IT WAS ALREADY HAPPENING, RIGHT.
ANY KIND OF CRIMINAL ACTIVITY? YES.
AND IS EXHIBIT 13 JUST MORE OF OBJECT TWO RECEIPTS? CORRECT.
LEASE EXPRESS OR LEASE, UH, NON-RENEWALS WERE BEING DONE, EVICTIONS WERE BEING DONE, UM, VIOLATIONS WERE BEING DONE.
ALL OF THOSE ITEMS WERE BEING ADDRESSED.
AND EXHIBIT 14 IS MORE, HAVE THE NOTICES YOU WERE ACTUALLY SENT OUT TO 'EM SAYING, HEY, YOU CORRECT.
THINGS BEEN INVOLVED IN CRIMINAL ACTIVITY, GET OUT.
THE TOWING CONTRACT WAS ALREADY IN PLACE PRIOR TO THE NOTICE AS WELL.
HOW ABOUT EXHIBIT 16? IT'S ALSO PART OF THE TOWING.
THE RESIDENTS ARE REQUIRED TO REGISTER, AND THEN AN EMAIL IS SENT TO THE OFFICE TO CONFIRM THAT THE INFORMATION THAT THE PERSON IN THAT APARTMENT IS REGISTERING IS CORRECT AND MATCHES OUR FILE.
WAS THAT IN PLACE BEFORE? YES.
WHAT ABOUT EXHIBIT 17? WHAT IS THAT? UH, ALSO, THAT'S ALSO, IT'S, IT IS THE DESCRIPTION OF THE CAR.
SO WE MAKE SURE THAT EVERYTHING MATCHES THAT IN PLACE BEFORE JULY 13TH? YES.
IT'S, THAT'S THE TOWING ALSO IN PLACE.
[00:55:01]
ACTUAL CARS THAT WERE TOWED? YES.AND OH, AND THAT SHOWS IN THERE SOME OF 'EM, YES.
HOW ABOUT EXHIBIT 19? WHAT IS THAT? UM, I'M NOT SURE WHAT THAT, IS THAT JUST THE CONTACT INFORMATION? YES, IT'S JUST CONTACT INFORMATION.
RIGHT, BUT THE, OH, I'M SURE THAT'S FOR THE SECURITY OFFICER SO THAT THEY'RE ABLE TO KNOW WHO LIVES IN THE UNIT.
IT'S BASICALLY LIKE A RENT ROLL AND WHICH UNITS ARE VACANT AND ALL OF THAT.
SO THEY KNOW WHAT UNITS TO WALK AGAIN IN PLACE BEFORE JULY 13TH? CORRECT.
THAT, THAT'S ALL OF OUR EXHIBITS.
THE REST OF THOSE EXHIBITS ARE, ARE THE CITIES THAT I THINK JUST SOMEHOW GOT CONSOLIDATED WITH OURS.
MR. QUINT, DO YOU HAVE THREE MINUTES? YES, CHAIR.
SO, UM, IN YOUR TESTIMONY, YOU TALKED ABOUT THE GATES ARE STILL OPEN, SO WOULDN'T IT BE FAIR TO SAY IF THE GATES WERE CLOSED, THE PROPERTY WOULD BE MUCH SAFER? I MEAN, IT, IT IS OUR ULTIMATE GOAL.
IT WAS, UM, WE WERE PRETTY, MA'AM, I JUST WANTED A YES OR NO.
SO YOU SAID THAT IT SHOULD BE ONE OF THE LAST THINGS TO BE DONE, BUT AGAIN, TO YOUR POINT, IF YOU SAID IT WOULD MAKE IT SAFER, IT SHOULD BE THE FIRST TO BE DONE.
YOU'VE HAD SIX MONTHS TO COORDINATE WITH THE DPD AND THE FIRE DEPARTMENT, BUT YET YOU'RE SAYING IT SHOULD BE LAST.
IF IT WAS SECURED, TRUST ME, THIS PROPERTY WOULD'VE A LOT LESS ISSUES.
UM, GOING TO SOME OF THE, THE AVAILABLE OFFENSES, UH, THREE AGGRAVATED ASSAULTS, TWO MURDERS, AND TWO ROBBERIES IN THE CALENDAR YEAR, 1122 TO 1123, THOSE ARE REALLY SERIOUS OFFENSES.
UM, WOULD YOU SAY THAT MAKES THIS PROPERTY UNSAFE? I WOULD SAY IT'S NO DIFFERENT THAN 99% OF THE PROPERTIES IN THAT AREA.
MA'AM, I WASN'T TALKING ABOUT THERE.
I WAS TALKING ABOUT THIS PARTICULAR PROPERTY THAT WE'RE TALKING ABOUT TODAY.
WOULD THAT MAKE THIS AN UNSAFE PROPERTY? I WORK THERE EVERY DAY,
I DO NOT FEEL, I DO NOT FEEL AFRAID TO BE THERE, MA'AM.
I I UNDERSTAND WHAT YOU'RE SAYING, BUT IT'S JUST A REAL EASY YES OR A NO.
UM, CAPTAIN, SHE IS ENTITLED TO EXPLAIN IT TO HER AS SHE AND HER LAYMAN'S VIEW IS, I DO NOT FEEL IT'S UNSAFE.
I APPRECIATE YOUR, JUST, THAT'S ALL I WANT IS WHAT YOU THOUGHT OF THE PROPERTY.
SO YOUR, YOUR ATTORNEY SAID THAT THE HCP PLACARD PLASTERED ON THE PROPERTY, UM, AND YOU A ASKED YOU WHAT WOULD THIS DO? IT WOULD MAKE THE, UH, PROPERTY, OR YOU SAID PEOPLE WOULDN'T WANNA LIVE HERE.
BUT ISN'T THAT THE PURPOSE OF THE PLACARD IS TO LET PEOPLE KNOW IT'S UNSAFE? I, I DO UNDERSTAND THAT.
I, I UNDERSTAND THE THOUGHT PROCESS.
I UNDERSTAND WHERE YOU'RE GOING WITH THAT, BUT I CAN TELL YOU THAT SINCE OUR TAKEOVER, WE'VE HAD SEVERAL OF THE RESIDENTS FROM THE ADJACENT PROPERTIES, UH, MOVING OVER TO OUR PROPERTY BECAUSE THEY CAN SEE THE DIFFERENCE.
THEY CAN SEE THE THINGS THAT ARE HAPPENING.
THEY CAN TELL THAT, UM, IT'S, THERE'S ZERO TOLERANCE.
WE'RE JUST NOT DEALING WITH IT.
SO I, I DO THINK IT WOULD DISCOURAGE THOSE PEOPLE.
WE'VE HAD A LOT OF LONG-TERM RESIDENTS FROM SOME OF THE SURROUNDING PROPERTIES, UH, START MOVING OVER TO CHEROKEE.
SO TO YOUR POINT, ZERO TOLERANCE FROM JULY 12TH THROUGH JANUARY 12TH OF 24, YOU'VE HAD SEVEN, AGAIN, MORE TOTAL AVAILABLE OFFENSES, TWO
SO AGAIN, THERE'S STILL SERIOUS CRIME GOING, BUT YET A ZERO TOLERANCE POLICY.
WELL, I MEAN, WE CAN'T STOP PEOPLE FROM COMING ONTO THE PROPERTY.
WE CAN ONLY FOLLOW UP WHEN WE KNOW THAT SOMETHING HAS HAPPENED, AND THAT'S WHAT WE'RE DOING.
UM, IT, IT, WE DID TAKE OVER AT A TIME WHEN THERE HAD BEEN, UH, A NOT SO, UH, PALATABLE MANAGER THERE BEFORE.
UM, AND SO THERE WERE SOME THINGS THAT WE HAD TO CLEAN UP, BUT WE HAVE BEEN VERY, UH, AGGRESSIVE, UH, TRYING TO MAKE SURE THAT ALL THOSE THINGS ARE TAKEN CARE OF.
WE WILL COME BACK TO YOU IN THE NEXT ROUND.
UM, MS. SHIN, DO YOU HAVE ANY QUESTIONS? THANK YOU.
MS. BOLDEN, I UNDERSTAND THAT YOU WORK THERE EVERY DAY.
DO YOU HAVE A MANAGER THAT LIVES IN ONE OF THE UNITS OR SOMEONE, UM, FROM YOUR COMPANY THERE? THAT'S 24 7? YES, WE DO.
THEY'RE 24 7 OR THEY LIVE THERE.
SORRY, I DIDN'T, THEY THEY LIVE THERE.
[01:00:02]
CHAIR.THANK YOU, MR. VERA, DO YOU HAVE ANY QUESTIONS? NO QUESTIONS.
UM, SO YOU, YOU, YOUR MANAGEMENT COMPANY WAS BROUGHT IN, UH, LAST APRIL, CORRECT? CORRECT.
AND THE COURT HEARING WAS IN JULY, UM, CORRECT.
SO, SORRY, WAS IT, UH, YOU RECEIVED THE LETTER IN JULY, CORRECT? YES.
SO BASICALLY, YOUR MANAGEMENT COMPANY WAS IN CHARGE FOR THREE MONTHS OF THE PRIOR YEAR, UH, PROCEEDING THE LETTER.
UM, CAN YOU SPEAK AT ALL TO WHAT WAS GOING ON IN THE OTHER NINE MONTHS OF THE YEAR? I, I KNOW THAT THERE WAS A PROBLEM MANAGER FOR A COUPLE OF MONTHS THERE.
UM, I KNOW THAT, UH, YOU KNOW, UNFORTUNATELY IT HAPPENS SOMETIMES PEOPLE AREN'T DOING THEIR JOB.
AND SO I KNOW THAT THAT WAS, YOU KNOW, PART OF, PART OF WHY, UH, THEY WERE HAVING TROUBLE.
THEY WEREN'T DOING, THEY WEREN'T BEING AS, YOU HAVE TO FOLLOW UP ON THOSE PROPERTIES.
YOU HAVE TO FOLLOW UP, YOU HAVE TO SERVE NOTICE, YOU HAVE TO GET RID OF PEOPLE.
AND, UH, AND THEY WEREN'T GOING THROUGH THE WHOLE PROCESS.
SO, SO DID THE OWNER, WHEN, WHEN Y'ALL WERE HIRED, DID THE OWNER TELL YOU THAT YOU WERE BEING HIRED BECAUSE THE PRIOR MANAGER TOLERATED CRIMINAL ACTIVITY AND THEY DIDN'T WANT THAT? ACTUALLY, HE WASN'T REALLY AWARE OF EVERYTHING THAT WAS GOING ON AT THE TIME.
IT WAS KIND OF THINGS THAT WE, UH, DISCOVERED IN THE INTERIM.
UM, IT, IT, HE WASN'T FULLY AWARE OF EVERYTHING AS IT CAME TO THE LIGHT.
WE STARTED TELLING, TELLING, EXPLAINING TO THEM WHAT WAS HAPPENING.
SO, UH, Y'ALL, Y'ALL TOOK OVER IN APRIL, AND I ASSUME THE GATES WERE NOT WORKING AT THAT TIME.
UH, YOU'VE EXPLAINED THAT THERE'S A WHOLE PROCESS.
WHERE ARE YOU IN THAT PROCESS? ARE YOU, H HOW FAR ALONG ARE YOU IN THE COORDINATION WITH THE FIRE DEPARTMENT IN, IN GETTING THOSE GATES CLOSED? WE, WE KNOW WHAT WE'RE ABLE TO DO.
WE KNOW THAT WE ARE ABLE TO CLOSE OFF ONE OF THOSE EXITS.
THEY ARE DOING THE PEDESTRIAN GATES.
AND I'M SORRY, I, I DIDN'T EXPLAIN MYSELF WELL WHEN I SAID THAT, UM, WE WERE DOING THE PEDESTRIAN GATES FIRST.
I, I WASN'T TRYING TO SAY THAT THE GATES WERE THE LAST PRIORITY.
WHAT I WAS TRYING TO SAY IS THAT OF THE LIMITED ACCESS, THE, THE POLICE ASKED US TO DO THE PEDESTRIAN PART FIRST.
NOT THAT THE CAM, OR NOT THAT THE LIMITED ACCESS GATE SHOULD HAPPEN LAST.
THAT'S JUST COULDN'T HAVE HAPPENED.
BUT, UM, YOU, YOU SAID THE DELAY IN GETTING THE GATES CLOSED WAS THAT YOU NEEDED FIRE DEPARTMENT APPROVAL.
DO YOU NOW HAVE THAT APPROVAL? WE KNOW WHAT WE CAN DO.
YES, WE DO HAVE, AND WHEN WE HAVEN'T FILED A PERMIT, BUT WE KNOW WHAT WE'RE ABLE TO DO.
YOU HAVEN'T FILED THE PERMIT YET? NO.
UH, WE CAN NOW GO BACK FOR, UH, UH, TWO MINUTES.
MS. ARIANO, DO YOU HAVE ANY QUESTIONS? YES, I HAVE ONE QUESTION.
UM, I KNOW THAT YOU HAD MENTIONED THAT YOU CURRENTLY NOW HAVE A SECURITY ON THE PROPERTY.
WHAT'S THE TIME THAT THEY ARE ON THE PROPERTY? THEY'RE THERE EIGHT HOURS, UH, A NIGHT FOR FIVE DAYS A WEEK.
THE ONLY DAYS THAT THEY'RE NOT THERE ARE MONDAY AND TUESDAY.
THEY, THEY ALSO SERVICE, LIKE I MENTIONED TO THE OTHER PROPERTY BEHIND US FOR, UH, FULL EIGHT HOURS, UM, BUT DIFFERENT EIGHT HOURS.
SO WE KIND, AS I MENTIONED TO YOU, WE KIND OF SHARE THEM.
AND HOW MANY OFFICERS DO YOU HAVE FOR YOUR PROPERTY? THERE'S TY, THERE'S TYPICALLY THREE THERE.
THERE'S ALWAYS SOMEBODY IN A CAR.
UM, THEY ALSO HAVE THE MONITORING DEVICES, SO WE CAN SEE THAT THEY'RE THERE.
AND THEY ALSO CONSTANTLY ARE SENDING US, UH, UPDATES THROUGH THE WHATSAPP.
SO WE ARE CONSTANTLY RECEIVING DATA FROM THEM ALL, ALL WHEN THEY'RE ON THE SITE.
WE'RE CONSTANTLY GETTING PICTURES, WE'RE CONSTANTLY GETTING UPDATES.
AND WHEN WAS THIS, UM, PATROL IN PLACE WHEN
[01:05:01]
THAT ONE HAS BEEN IN PLACE? PROBABLY FOR, OH MY GOODNESS, JULY.I WANNA SAY PROBABLY SINCE SEPTEMBER, BECAUSE FIRST WE TRIED TEXAS SURVEILLANCE AND WE WEREN'T THRILLED, SO WE SWITCHED.
SO I'M GONNA SAY PROBABLY AROUND SEPTEMBER SOMETIME.
UH, MSLA, DO YOU HAVE ANY, I NO, NO QUESTIONS AT THE MOMENT.
MS. WILLIS, DO YOU HAVE ANY MORE QUESTIONS?
UM, AND I WANTED TO GET CONFIRMATION ABOUT WHEN YOU ALL TOOK OWNERSHIP OF THAT PROPERTY.
UH, WAS IT STATED THE DATE WAS BACK IN 20TH OF LAST YEAR, 23.
WAS WAS IT OF APRIL OR JUNE? I'M TRYING TO GET THE DATE CORRECT.
SO YOU GUYS HAVEN'T HAD IT ACTUALLY FOR A WHOLE YEAR YET.
AND CAN YOU ACTUALLY LET, CAN YOU INFORM ME AGAIN AS FAR AS THE UH, CRIMES THAT'S HAPPENED AGAINST, UM, ON THE PROPERTY AGAINST THE RESIDENCE, THAT MORE OF THE, I GUESS, AVAILABLE CRIMES BEEN AGAINST THE RESIDENTS THAT LIVE ON THE PROPERTY OR HAVE THEY ARE FROM NON-RESIDENTS? NO, NON-RESIDENT.
IN FACT, THE, THE INCIDENT THAT HAPPENED, UH, SHORTLY AFTER WE TOOK OVER, UM, WE LATER FOUND OUT THAT IT JUST HAPPENED TO BE THAT SOMEBODY POSTED A BLOCK PARTY AND SAID, LET'S MEET HERE AT THIS TIME.
UH, YOU KNOW, WE DIDN'T KNOW THEY WERE NON-RESIDENTS.
UH, I'VE SEEN IT HAPPEN AT A PLUS PROPERTIES.
UH, YOU KNOW, UNFORTUNATELY IT HAPPENS, BUT YES, THAT, UH, NONE OF THOSE PEOPLE WERE RESIDENTS.
SO AGAIN, MOST OF THE AVAILABLE, UM, CRIMES HAVE BEEN REGARDING OR INVOLVING NON-RESIDENTS, CORRECT? YES.
MR. JEFFERSON, DO YOU HAVE ANY MORE QUESTIONS? FURTHER QUESTIONS? THANK YOU, MR. CILLA, IN REGARD TO NON-RESIDENTS APPEARING ON YOUR PROPERTY, ONE OF THE QUESTIONS I, I GUESS, COMES TO MIND IS IF YOU HAD THE FENCING OR IF YOU ACTUALLY HAD EXTRA SECURITY PEOPLE THAT WERE AT THE VEHICULAR OR PEDESTRIAN ENTRANCES, WOULD THAT NOT SOMEHOW, UM, PROHIBIT OR DETER PEOPLE FROM COMING ONTO THE PROPERTY THAT ARE NON-RESIDENTS? IT WOULD, IT WOULD APPEAR TO, YES.
I'M SORRY, I DIDN'T HEAR YOUR ANSWER.
I SAID IT WOULD APPEAR TO DO THAT.
YOU, YOUR, UH, ATTORNEY, AND THEN YOUR ANSWERS TO THE QUESTIONS WITH YOUR ATTORNEY STATED THAT IT WAS HARD TO DIFFERENTIATE THE OTHER PROPERTIES FROM YOUR PROPERTY.
IS THAT, WOULD IT HELP IF YOU HAD SIGNAGE THAT ACTUALLY SAID, THIS IS CHEROKEE VILLAGE AS WELL AS FENCING THAT SEPARATED YOUR PROPERTY FROM OTHER PROPERTY? THE FENCING DOES SEPARATE THE OTHER PROPERTIES.
IT'S STILL DIFFICULT TO DETERMINE BECAUSE OF THE WAY THE DRIVEWAY IS, UM, LEADING.
THEY LITERALLY ARE DRIVING THROUGH OUR PROPERTY TO GET TO THEIR PROPERTY.
IT'S, I'VE NEVER SEEN ANYTHING LIKE IT.
UM, BUT THERE IS FENCING BETWEEN ALL OF THOSE PROPERTIES.
UM, IT WHEN THE HU WHEN THE HUD, BUT YES.
WHEN, WHEN HUD COMES TO INSPECT THE PROPERTY, WHAT ARE THEY INSPECTING AND DO YOU ATTEND? I DO ATTEND.
THEY, UH, WALK UNITS TO MAKE SURE, OF COURSE, THAT YOU KNOW, THAT WE'RE FOLLOW, FOLLOWING THE CODES AND THAT THEY'RE IN GOOD CONDITION, UH, MAKE SURE THAT THEIR RESIDENTS ARE, UH, THE PEOPLE THEY'RE PAYING RENT FOR ARE NOT VIOLATING LEASES, HAVING NON-AUTHORIZED PEOPLE THERE.
THEY DO LEASE FILE AUDITS TO MAKE SURE THAT ALL, UH, BACKGROUNDS HAVE
[01:10:01]
BEEN CHECKED AND THAT ALL OF THE, UH, DOCUMENTATION FOR, UH, UH, RECERTIFYING, THOSE PEOPLE WHO ARE GETTING ASSISTANCE IS, IS IN PLACE.UM, THEY DO, UH, EXTERIOR INSPECTIONS TO MAKE SURE THAT THE BUILDING IS BEING MAINTAINED PROPERLY.
HOW MANY EVICTIONS HAVE YOU YOUR TIME? OKAY.
UH, MR. HAYES, DO YOU HAVE ANOTHER QUESTIONS? I HAVE A COUPLE QUICK FOLLOW UPS.
THANK YOU FOR WALKING ME THROUGH THE EXHIBITS AND POINTING OUT WHAT OCCURRED PRIOR TO JULY AND WHAT OCCURRED AFTER.
WAS THIS SAME INFORMATION PRESENTED AT THE ACCORD MEETING, OR IS THIS THE FIRST TIME THE CITY'S SEEING IT? UH, MUCH OF IT WAS PRESENTED AT THE ACCORD MEETING.
THEY DID ASK FOR ADDITIONAL, THEY ASKED FOR THE EVICTION HISTORIES, UM, UH, WHICH WE SENT LATER.
UH, BUT WE, WE, WE DID MENTION THE, OR SHOW THEM THAT WE HAD COURTESY PATROL AND THAT WE HAD, UH, WELL, I COULDN'T, I COULDN'T GET THE PRIOR MANAGEMENT COMPANY TO TAKE IT.
I'VE ONLY GOT TWO MINUTES, SO I'M MOVE ON TO MY NEXT QUESTION.
WE'VE HAD CASES SIMILAR TO THIS THAT WE'VE REVIEWED OVER THE PAST YEAR, AND IN MOST OF THOSE, THERE HAVE BEEN ALSO BEEN NUMEROUS BUILDING CODE TYPE VIOLATIONS, LIKE LEAKING ROOFS, BROKEN PIPES, TORN FENCING, ALL THAT KIND OF STUFF.
I DON'T SEE ANY OF THOSE IN AS ISSUES IN YOUR EVIDENCE, UM, OR IN THE EVIDENCE, THE EXHIBITS THAT YOU PRESENT.
UM, DID I MISS IT OR ARE YOU ALL PRETTY GOOD SHAPE IN TERMS OF THE BUILDING CODE PEOPLE? NO, WE'RE, WE'RE IN GOOD SHAPE.
WE SCORED VERY HIGHLY ON OUR, UH, INSPECTION, AND WE HAVEN'T HAD ANY PROBLEMS. THANK YOU.
SO, UM, FROM MAY OF 23RD OF 2023 TO NOW, UM, HOW MANY EVICTIONS HAVE BEEN INITIATED AND COMPLETED? I KNOW IT'S MORE THAN 30, UM, AND WE'RE STILL RECOVERING FROM THAT.
UH, TRYING TO, YOU KNOW, GET THE UNITS FILLED AGAIN AND BE REAL CAREFUL WHO WE LET IN OUR OCCUPANCY HAS BEEN LOW FOR A WHILE.
I APPRECIATE MY, MY TIME IS LIMITED.
YOU SAID THAT, UM, THANK YOU THAT, UM, YOU'VE GOTTEN A APPROVAL FOR THE FENCE, UM, THE GATES AND, AND MAKING ALL THE REPAIRS.
UM, BUT YOU SAID NO PERMIT WAS FILED.
WHEN DID YOU GET THE APPROVAL? UH, HONESTLY, IT'S BEEN PROBABLY ABOUT TWO WEEKS.
WE WERE HAVING TROUBLE GETTING THE GATE COMPANIES TO FOLLOW THROUGH.
SO YOU, YOU, YOU GOT THE APPRO, THE, THE PERMANENT APPROVAL TWO WEEKS AGO? NO.
SO WE GO THROUGH A BIDDING PROCESS AND WE HAVE TO GET LIKE BIDS.
I'M TALKING ABOUT THE APPROVAL FROM THE FIRE DEPARTMENT AND THE POLICE.
WHEN DID YOU GET, HAVE YOU GOT, OH, NO, NO.
WE HAVE, WE HAVEN'T, NO, WE WE'RE JUST NOW IN THE CONTRACT STAGE.
WE'RE JUST NOW DOING THE CONTRACTS AND GETTING ALL THE INSURANCE INFORMATION IN PLACE FROM THE CONTRACTOR.
SO YOU, BUT EARLIER YOU SAID YOU HAD GOTTEN APPROVAL FROM THE POLICE AND FIRE DEPARTMENT? NO, THE APPROVAL IS FROM THE OWNERSHIP OF WHICH PROPOSAL, WHO THEY WERE GONNA GO WITH.
SO HAVE YOU EVEN PRESENTED IT TO THE POLICE AND FIRE DEPARTMENT? I, I, I DON'T, I DON'T KNOW IF THE GATE COMPANY HAS DONE THAT OR NOT.
I WOULD, I CAN'T SAY, I'M NOT SURE.
SO AT THE END OF THE DAY, THE POLICE AND FIRE DEPARTMENT COULD SAY THIS PLAN DOESN'T WORK AND YOU COULD GO BACK TO SQUARE ONE, CORRECT? WELL, THEY DID CONSULT WITH THEM PRIOR TO COMING UP WITH THE, THE PLAN.
THAT'S PART OF THE PLANNING PROCESS.
WELL, BUT I UNDERSTAND THAT, BUT THEY, YOU START TO PRESENT A FINAL, UM, PLAN TO THE POLICE AND FIRE DEPARTMENT, AND YOU HAVEN'T DONE THAT YET.
SO YOU HAVEN'T DONE, SO THIS COULD BE THAT, THAT'S YOUR TIME.
PROCEED MS. BOLDEN, UM, DO YOU HAVE A SYSTEM IN PLACE FOR RESIDENTS TO REGISTER THEIR VISITORS? WE DO, YES.
AND HOW FREQUENTLY DO YOU, UH, SORT OF VERIFY THAT THOSE ARE ACCURATE AND, UM, DOES THAT MAKE SENSE? WELL, SO IT'S LIMITED.
WHAT WE DO IS, UM, IF WE NOTICE THAT THERE'S A PATTERN OF THE SAME PERSON REGISTERING, UM, THEN EVENTUALLY THEY'RE CUT OFF.
[01:15:01]
REGISTER FIVE TIMES.UM, AND ONCE THAT HAPPENS, UH, AND, AND IT ONLY LASTS FOR 24 HOURS, SO ONCE THAT HAPPENS, THEN WE INVESTIGATE TO SEE WHERE THEY'RE GOING OR WHO THEY'RE STAYING WITH OR, YOU KNOW, WHAT, WHAT'S HAPPENING.
ALSO, YOU MENTIONED, UH, THERE'S VEHICLES DRIVING THROUGH YOUR PROPERTY TO GET TO OTHER PROPERTIES.
DO YOU HAVE A CAR REGISTRATION OR PERMIT PROCESS IN PLACE FOR YOUR VEHICLES OF THE RESIDENCE? YES.
ALL THE RESIDENTS ALSO HAVE TO REGISTER? YES.
AND THEN YOUR SECURITY THAT YOU HAVE, UH, FIVE DAYS A WEEK, ARE, IS THAT SOMETHING THAT THEY'RE MONITORING ALSO? THE PERMITS ON THE VEHICLES, THEY REPORT ANY VEHICLES THAT, LIKE, IF IT'S NOT ON THE LIST, THEY WILL REPORT THAT? YES.
AND THEN DO YOU FOLLOW UP WITH THE RESIDENTS ON THAT THEN? UH, THE TOWING SERVICE, THEY, THEY WORK HAND IN TIME WITH THE TOWING SERVICE.
AND HOW OFTEN DOES THE TOWING SERVICE COME TO YOUR, YOUR CONFERENCE? EVERY DAY.
UH, MR. VEER, DO YOU HAVE ANY QUESTIONS? NO, NO QUESTIONS.
I THINK YOU HAD MAYBE SAID THIS BEFORE, BUT JUST TO CLARIFY, THE OWNERSHIP OF THE PROPERTY DID NOT CHANGE LAST YEAR, IS THAT CORRECT? THAT IS CORRECT.
DO YOU KNOW HOW LONG THE CURRENT OWNERS HAVE OWNED THE PROPERTY? UH, I'M GONNA ESTIMATE.
I WANNA SAY IT'S ABOUT FOUR YEARS, I BELIEVE.
AND DO YOU KNOW WHY, UH, THERE'S NOT A WITNESS HERE FROM THE COMPANY THAT OWNS IT.
THE MR. BIRCH IS, IS A WITNESS FROM THAT COMPANY.
BUT HE WAS NOT, UH, PRESENTED AS A WIT, I UNDERSTAND HE'S PRESENT, BUT HE WAS NOT PUT FORWARD AS, AS THE WITNESS FOR THE APPELLANT.
DO YOU KNOW WHY? UM, I, I DUNNO WHY.
MI MR. WOOLLEY, UM, THAT WAS YOUR ONLY WITNESS, CORRECT? THAT IS CORRECT.
IN ORDER TO EXPEDITE AND, AND WHAT WE'VE UNDERSTOOD IS THIS WAS SUPPOSED TO BE AN HOUR HEARING.
UH, THERE'S ONLY ALLOTMENT PRETTY MUCH FOR ONE WITNESS.
SO THAT'S COUNSEL DECISION, TRYING TO MAKE THIS AN EFFICIENT PROCEEDING.
SO, AND MS. BOLAND OBVIOUSLY IS THE OPERATIONAL, UH, KNOWLEDGE BASE.
THEN, UH, WE'LL PROCEED WITH THE CITY'S PRESENTATION.
YOU, YOU HAVE, UH, 30 MINUTES CHAIR.
CAN WE USE THE POWERPOINT? YES.
MY FIRST WITNESS IS GONNA BE DETECTIVE ANTONIO GOMEZ.
JUST BEFORE YOU START, I SEE THAT WE'VE BEEN GOING FOR A LITTLE WHILE.
WHY DON'T WE TAKE A, UH, FIVE MINUTE RECESS.
IT IS NOW 10 11, AND WE ARE BACK FROM RECESS, AND WE WILL PROCEED WITH THE CITY'S PRESENTATION.
I WOULD LIKE TO CALL DETECTIVE ANTONIO GOMEZ AS A WITNESS.
WHAT IS YOUR CURRENT OCCUPATION? DETECTIVE FOR THE DALLAS PD NUISANCE ABATEMENT UNIT.
HOW LONG HAVE YOU BEEN EMPLOYED WITH THE DALLAS POLICE DEPARTMENT? 15 YEARS.
WHAT POSITIONS HAVE YOU HELD WITH THE DALLAS POLICE DEPARTMENT OUTSIDE YOUR CURRENT ROLE? I'VE BEEN A PATROL OFFICER, A FIELD TRAINING OFFICER, AND I'VE BEEN WITH A METRO UNIT, WHICH IS A FUGITIVE APPREHENSION UNIT.
HAVE YOU HAD ANY MILITARY SERVICE? YES, FOUR YEARS IN THE MARINE CORPS.
AND HOW LONG HAVE YOU BEEN A DETECTIVE WITH THE NUISANCE ABATEMENT TEAM? A LITTLE BIT OVER A YEAR.
TURNING NOW TO THE PROPERTY I ISSUE, DOES THE NUISANCE ABATEMENT TEAM CURRENTLY HAVE A CASE ON THIS PROPERTY CHEROKEE VILLAGE? YES.
HOW DID A CASE ON THIS PROPERTY COME ABOUT? AFTER THE SECOND MURDER, THE COMMAND STAFF OF THE SOUTHEAST DIVISION
[01:20:01]
BROUGHT THE PROPERTY TO MY ATTENTION.THEN I STARTED MY INVESTIGATION.
HOW DOES THE NUISANCE ABATEMENT TEAM DETERMINE WHETHER A PROPERTY QUALIFIES AS A HABITUAL CRIMINAL PROPERTY? I GO THROUGH ALL THE REPORTS ASSOCIATED WITH THAT PROPERTY, AND I READ ALL THE REPORTS AND DIG OUT THE ONES THAT STARTED THE ABATE OFFENSE SAYS, WHICH ARE YOUR, YOUR MURDERERS, EGG ASSAULTS, ROBBERIES, DRUG POSSESSIONS, CRIMINAL MISCHIEFS.
DID FIVE OR MORE AAT CRIMINAL ACTIVITIES OCCUR ON THE PRO PROPERTY? 365 DAYS BETWEEN JULY 11TH, 2022 AND JULY 11TH, 2023? YES.
CAN YOU GENERALLY DESCRIBE THE TYPE OF DEBATABLE CRIME THAT HAVE OCCURRED ON THIS PROPERTY? THERE WERE TWO MURDERS, AN AG ASSAULT.
THERE WERE ROBBERIES, NARCOTICS, AND THE SWAT TEAM, THEY WENT, EXECUTED A SEARCH WARRANT ON ONE OF THE UNITS.
THERE WERE DISCHARGING OF FIREARMS, POSSESSION OF DRUGS, AND CRIMINAL MISCHIEFS.
HAVE ADDITIONAL AVAILABLE CRIMES OCCURRED SINCE THE NOTICE LETTER WAS SENT TO THE OWNER? YES.
ACTUALLY, ON THE NINTH OF THIS MONTH, TWO INDIVIDUALS FORCED THEIR WAY INTO ONE OF THE UNITS AT GUNPOINT.
THEY TOOK SOME PROPERTY AND LEFT.
AND THEN DECEMBER DURING, UH, THE ROBBERIES DETECTIVE WERE EXECUTING A SEARCH WARRANT ON ONE OF THE UNITS.
THEY CAME ABOUT WITH APPROXIMATELY 14 POUNDS OF MARIJUANA AND A WHOLE BUNCH OF PRESCRIPTION PILLS.
DOES THIS PROPERTY HAVE A HISTORY OF AVAILABLE CRIMINAL ACTIVITY? YES.
BETWEEN JUNE, 2021 AND JULY, 2022, THERE WERE EIGHT ABBAS THAT OCCURRED ON THE PROPERTY.
ONE WAS A MURDER, AND THEN FIVE AGGRAVATED ASSAULTS WERE INCLUDED ON THOSE.
GENERALLY, HOW FREQUENTLY IS DTB DALLAS POLICE DEPARTMENT REQUESTED TO BE PRESENT ON THIS PROPERTY? THEY, THEY RESPONDED.
DPD RESPONDED OVER 300 TIMES DURING THE TIMEFRAME OF THE LETTER, JULY 11TH, 2022 THROUGH JULY 12TH, 2023.
DETECTIVE GOMEZ, LET'S TURN TO THE PROPERTY OWNER'S IMPLEMENTATION OF CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN PRINCIPLES AT THE PROPERTY, THE FINAL HCP DESIGNATION, DESIGNATION LETTER OF SEPTEMBER 5TH, 2023.
DID YOU RECOMMEND A SERIES OF REASONABLE MEASURES TO ABATE CRIMINAL ACTIVITY AT THE PROPERTY? YES.
NOW WE'RE GONNA LOOK AT EACH MEASURE.
AND WHEN THE PROPERTY OWNER IMPLEMENTED THOSE MEASURES, IF EVER, FIRST, YOU MADE A SERIES OF REASONABLE RECOMMENDATIONS RELATED TO CONTROL THE ACCESS, CORRECT? YES.
AT THE TIME OF THE ACCORD MEETING, DID THE PROPERTY OWNER HAVE CONTROLLED ACCESS MEASURES IN PLACE LIKE CONTROLLED VEHICLE AND PEDESTRIAN GATES SECURED FENCING AND LICENSE PLATE READERS? NO, THEY DID NOT.
AND THEY STILL DO NOT HAVE THOSE IN PLACE.
SECOND, YOU MADE A SERIES OF REASONABLE RECOMMENDATIONS RELATED TO LIGHTING.
AT THE TIME OF THE ACCORD MEETING, DID THE PROPERTY OWNER HAVE REASONABLE LIGHTING MEASURES IN PLACE? LIKE WAS THE PROPERTY OWNER EVALUATING PROPERTY, THE PROPERTY FOR POORLY LIT AREAS AND MAKING LED LIGHTING UPGRADES AS NECESSARY? NO.
I, AND I'VE GONE OUT AND DONE A NIGHT INSPECTION AT THE LOCATION IN OCTOBER, AND THERE WERE STILL HIGH, HIGH AMOUNTS OF POORLY LIT AREAS.
THERE WAS A LOT OF, UH, LIGHT FIXTURES THAT WERE NOT WORKING, AND IT WAS JUST VERY DARK.
YOU MADE A SERIES OF REASONABLE RECOMMENDATIONS RELATED TO PARKING AS WELL.
AT THE TIME OF THE ACCORD MEETING, DID THE PROPERTY OWNER HAVE A REASON, HAVE REASONABLE PARKING MEASURES IN PLACE LIKE DELINEATING BETWEEN VISITORS AND TENANT PARKING AND TOWING WITHIN 24 HOURS? AT THE TIME OF THE MEETING, THEY HAD A TOWING CONTRACT.
I BELIEVE THEY WERE, THEY WERE WITH TOW.
WE WOULD LIKE TO HAVE THE 24 HOURS JUST TO HAVE A QUICKER RETURN ON THAT.
AND THEN I DID NOT SEE ANY VISITOR OR TENANT SPECIFIC PARKING.
YOU ALSO MADE A SERIES OF REASONABLE RECOMMENDATIONS RELATING TO CAMERAS ON THE PROPERTY.
AT THE TIME OF THE ACCORD MEETING, DID THE PROPERTY OWNERS HAVE REASONABLE SURVEILLANCE MEASURES IN PLACE LIKE CAMERAS TO PROVIDE CONSISTENT COVERAGE OF THE ENTIRE PROPERTY THAT THE MANAGEMENT STAFF COULD OPERATE? THEY HAD SOME CAMERAS, BUT IT WAS, IT WAS A, THE COVERAGE WASN'T VERY GOOD.
SO AT THE, THE MEETING, THEY PRESENTED AN INVOICE AND A CHECK OF TO INSTALL FUTURE CAMERAS, AND THEY SINCE HAVE, THANK YOU.
[01:25:01]
YOU ALSO MADE A SERIES OF REASONABLE RECOMMENDATIONS RELATED TO SECURITY.AT THE TIME OF THE ACCORD MEETING, DID THE PROPERTY OWNERS HAVE REASONABLE SECURITY MEASURES IN PLACE LIKE INCONSISTENT SECURITY PRESENCE AT THE PROPERTY DURING TIME KNOWN FOR INCREASED CRIMINAL ACTIVITY? THEY PROVIDED A CONTRACT WITH THE SECURITY COMPANY.
ACTUALLY, ONE OF THE, IT WASN'T EFFECTIVE ONE OF THE SECURITY OF THE COMPANY'S EMPLOYEES THEMSELVES CAUSING AVAILABLE BY SHOOTING TWO ROUNDS OF A SHOTGUN UP IN THE AIR WHILE ON DUTY.
SO SINCE THEN, THEY HAVE CHANGED THEIR SECURITY COMPANIES TO WHERE THEY SHARE IT WITH THE, THE APARTMENTS ON THE NORTH SIDE, THE CREEKSIDE APARTMENTS.
YOU MADE A SERIES OF REASONABLE RECOMMENDATIONS RELATED TO OTHER MULTIFAMILY MANAGEMENT BEST PRACTICES AT THE TIME OF THE ACCORD MEETING.
DID THE PROPERTY OWNER HAVE REASONABLE, UM, RECOMMENDATIONS RELATED TO MULTIFAMILY MANAGEMENT BEST PRACTICES IN PLACE LIKE SCREENING, PROSPECTIVE TENANTS, REVIEWING TENANTS FOR CRIMINAL HISTORY, VISITING VACANT UNITS DAILY, AND ENSURING, UM, COMPLIANCE WITH COMPLEX RULES AND REGULATIONS, AT LEAST ON A BIANNUAL BASIS? THEY WERE, THEY CLAIMED TO, THEY WERE DOING THEIR BACKGROUND CHECKS.
THEY, UH, THEY DIDN'T DO FOR RENEWING THE LEASE.
THEY WEREN'T DOING THEIR BACKGROUND CHECKS ON RENEWALS.
THEY WERE NOT CHECKING VACANT UNITS ON A DAILY BASIS.
DETECTIVE GOMEZ, BASED ON THE CHARGING OF THE PROPERTY OWNER'S IMPLEMENTATION OF CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN PRINCIPLES, WAS THE PROPERTY OWNER ABLE TO REBUT THE PRESUMPTION THAT THE PROPERTY IS A HABITUAL CRIMINAL PROPERTY? NO.
THERE WERE, THEY WERE SOME PLANS OF WHAT THEY WERE GOING TO DO, AND THEY HAD SOME THINGS IN PLACE, BUT THERE'S STILL DEFICIENCIES AND THERE'S STILL ONGOING AVAILABLE OFFENSES OCCURRING CURRENTLY.
BASED ON YOUR ANALYSIS OF THE AVAILABLE OFFENSES AT THE PROPERTY DURING THE 365 DAY PERIOD BETWEEN JULY 11TH, 2022 AND JULY 11TH, 2023, DID FIVE DEBATABLE CRIMINAL OFFENSES OCCUR ON THIS PROPERTY? YES.
IS THERE A HISTORY OF DEBATABLE CRIMINAL ACTIVITY AT THIS PROPERTY? YES.
DID THE PROPERTY OWNERS TAKE REASONABLE STEPS TO ABATE CRIMINAL ACTIVITY DURING THE RELEVANT TIME PERIOD? NO.
NO FURTHER QUESTIONS FOR THIS WITNESS.
AND YOU'VE USED NINE MINUTES OF YOUR TIME.
UH, MR. WOOLLEY, DO YOU HAVE QUESTIONS FOR THE DETECTIVE? YES, I DO.
AND YOU'VE GOT NINE MINUTES REMAINING.
UH, BYRON WILLIE, UM, THANK YOU FOR YOUR TIME HERE TODAY.
I'VE GOT A FEW QUESTIONS FOR YOU.
UH, YOU INDICATED THAT, UH, YOU HAD OUTLINED A NUMBER OF REASONABLE, UH, THINGS FOR THE LANDLORD TO DO IN YOUR LETTER OR YOUR DEPARTMENT'S LETTER OF SEPTEMBER 5TH, 2023.
UH, NOW, AS A PRACTICAL MATTER, IS IT CORRECT THAT YOU DID NOT MAKE, DID, DID YOU OR THE DEPARTMENT DID NOT INFORM THE LANDLORD OR THE MANAGEMENT COMPANY OF THESE MATTERS UNTIL AT THE EARLIEST, THE DATE OF THAT LETTER, WHICH WAS SEPTEMBER 5TH, 2023? CORRECT.
WOULD YOU AGREE WITH ME THAT IT DOES HELP THE MATTER IF THE LANDLORD KNOWS WHAT THE DALLAS POLICE DEPARTMENT BELIEVES TO BE REASONABLE MEASURES TO IMPLEMENT TO PREVENT AVAILABLE CRIMES? CAN YOU REPEAT THAT AGAIN, PLEASE? DO YOU AGREE WITH ME THAT IT IS REASONABLE TO ASK THE REASONABLE FOR THE LANDLORD TO KNOW IN ADVANCE WHAT THE DALLAS POLICE DEPARTMENT BELIEVES TO BE THINGS IT CAN DO TO PREVENT AVAILABLE CRIMINAL ACTIVITY? IT'S, IT'S REASONABLE, BUT THESE ARE ITEMS THAT SHOULD BE ALREADY COVERED BY PROPERTY, THE PROPERTY OWNERSHIP, LIKE SECURING THEIR GATES.
THAT SHOULDN'T HAVE TO TAKE THE POLICE DEPARTMENT THOUGH TO FIX THAT.
BUT WOULD YOU AGREE WITH ME THAT, THAT THE POLICE DEPARTMENT IS
[01:30:01]
IN A MUCH BETTER KNOWLEDGE AND EXPERIENCE BASE THAN ANYONE ELSE TO KNOW? WHAT ARE REASONABLE MEASURES TO TAKE DEPENDING UPON THE, THE SECURITY THAT YOU BE, YOU SEE EVERY DAY NEEDS TO BE DONE, THEN ME, I'M A LAWYER FOR 48 YEARS.SHOULD I KNOW ALL OF THAT? OR SHOULD THE POLICE DEPARTMENT KNOW THAT BETTER THAN ME? POLICE DEPARTMENT SHOULD KNOW BETTER.
WOULD YOU AGREE THAT IT DOES, IT WOULD BE USEFUL IF THE POLICE DEPARTMENT WOULD SUBMIT THIS KIND OF INFORMATION TO THE LANDLORD, BE BEFORE THEY MAKE A DETERMINATION OF A PROPERTY BEING A HABITUAL CRIMINAL PROPERTY ASKING FOR COMPLIANCE, AND WOULD YOU AGREE WITH THAT WOULD BE REASONABLE FOR THE DEPARTMENT TO DO? YES.
AND USUALLY THE NEIGHBORHOOD POLICE OFFICERS, THEY'LL GO OUT TO THESE LOCATIONS AND THEY'LL TALK TO THE PROPERTY MANAGERS AND THEY'LL EXPLAIN TO THEM WHAT STEPS SHOULD BE TAKEN TO IMPROVE THEIR PROPERTY.
WOULD YOU AGREE WITH ME THAT PRIOR TO SEPTEMBER 5TH, 2023, NO SUCH WRITTEN INFORMATION WAS EVER PROVIDED TO CHEROKEE VILLAGE BY THE DALLAS POLICE DEPARTMENT? NO, NOT WRITTEN.
AND WOULD YOU ALSO AGREE THAT THE DETAIL OF WHAT'S CONTAINED IN THIS SEPTEMBER, SEPTEMBER FIVE LETTER WAS NEVER GONE OVER WITH ANYBODY, UH, AT THE, UH, VILLAGE, AT THE CHEROKEE VILLAGE APARTMENTS DID? CORRECT.
DID, DID YOU HEAR MY QUESTION? IS THAT, AM I CORRECT IN THAT? YES.
UH, WHO MAKES THIS ACTUAL DETERMINATION OF A PROPERTY, UH, BEING A CRI A HABITUAL CRIMINAL PROPERTY DIVISION WITHIN THE DEPARTMENT? THE, THE DETECTIVE WILL MAKE THE DETERMINATION.
WOULD THAT BE YOU IN THIS CASE? YES.
AND HOW MANY ONSITE VISITS DID YOU HAVE WITH MS. BOLDEN REGARDING THIS PROPERTY PRIOR TO, UM, JULY 13TH, 2023? I DID NOT MEET WITH MS. BOLDEN.
WHEN WAS THE LAST TIME YOU MET WITH MS. BOLDEN? WAS IT THE ACCORD MEETING? WE MET IN DECEMBER.
SO YOU DIDN'T EVEN MEET WITH HER AT THE ACCORD MEETING THAT THAT WAS IN DECEMBER, IS THAT CORRECT? NO, WE, I SHE WAS AT THE ACCORD MEETING? YES.
SO YOU WOULD'VE MET WITH HER THERE AND THEN IN DECEMBER, IS THAT CORRECT? CAN YOU REPEAT THAT? YOU, YOU MET WITH HER IN THE ACCORD MEETING AND THEN AGAIN IN DECEMBER, IS THAT CORRECT? CORRECT.
NOW AVAILABLE CRIMINAL ACTIVITIES, I WILL SUBMIT TO YOU AND ASK YOU JUST TO ACCEPT MY WORD FOR IT.
AS AN OFFICER OF THE COURT, I, I TRY AND NEVER NOT TRY, I DO NOT IN KNOWINGLY OR INTENTIONALLY EVER, UH, STATE SOMETHING AS I NO, CONTRARY, I HAVE DONE AN EXTREMELY IN-DEPTH RESEARCH OF LEXI CASE TEXT AND WESTLAW TO LOOK FOR THE TERM A AVAILABLE CRIMINAL ACTIVITY.
I FIND NO DEFINITION WHATSOEVER.
SO IS MY UNDERSTANDING CORRECT THAT THE POLICE DEPARTMENT MERELY AND ONLY RELIES UPON THAT TERM AS IT IS DEFINED IN THE REMEDIES CODE, UH, SECTION REFERENCED IN YOUR LETTER UNDER PUBLIC NUISANCES? YES.
WOULD YOU AGREE WITH ME THAT AS A LAWYER OF 40, THIS IS MY 48TH YEAR, I'M NOT QUITE FULFILLED THE 48 YEARS, BUT ASSUMING THAT MY RESEARCH SKILLS ARE REASONABLY DECENTLY HONED OVER THAT PERIOD OF TIME, THAT, UH, IF I CAN'T FIND A DEFINITION OF IT, THAT YOU WOULDN'T EXPECT AN AVERAGE CITIZEN TO KNOW WHAT IT MEANS.
WOULD YOU AGREE WITH ME ON THAT? I WOULD.
UH, ARE YOU FAMILIAR WITH SOME OF THE AREAS OF THE POLICE DEPARTMENTS? THEY HAVE A NEIGHBORHOOD PATROL PROGRAM WHERE INDIVIDUAL HOMEOWNERS CAN ACTUALLY PAY A LITTLE EXTRA FOR THE OFFICERS WHEN THEY'RE GOING BACK AND FORTH ON THE SUBSTATIONS TO DRIVE THROUGH THE NEIGHBORHOOD.
ARE YOU FAMILIAR WITH THAT PROGRAM? I AM.
UH, DOES YOUR, WHAT DIVISION DO YOU WORK OUT OF? I WORK FOR THE, THE SOUTHEAST DIVISION.
[01:35:01]
THAT THE LOCATION ABOUT A MILE FROM THE CHEROKEE VILLAGE APARTMENTS? YES.CHEROKEE VILLAGE APARTMENTS IS IN THE SOUTHEAST DIVISION.
UH, DO, DO YOU OR ANY OF THE OTHER OFFICERS ROUTINELY DRIVE THROUGH THIS AREA AND IN THE APARTMENT COMPLEX? IS IT IN IN PARTICULAR CHEROKEE VILLAGE? JUST, UH, TO AND FROM OCCASIONALLY THE, THE POLICE SUBSTATION JUST TO HAVE A POLICE PRESENCE? YES, THERE ARE SOME SELF-INITIATED MARK OUTS AT THAT LOCATION.
AND HAVE Y'ALL DONE THAT FOR SOME TIME WITHIN THIS YEAR OF THE JULY 11TH, 2022 THROUGH JULY, 2023? THERE HAVE BEEN, YES.
AND WOULD YOU AGREE WITH ME THAT EVEN THOUGH THE POLICE OCCASIONALLY DRIVE THROUGH THERE, THAT APPARENTLY HAS NOT HAD THE DESIRED EFFECT THAT YOU'RE HOPING THAT IT WOULD AS FAR AS DETERRING THESE AVAILABLE CRIMES? I THINK BECAUSE THERE'S SO MUCH FREE ACCESS TO THAT PROPERTY, IT'S UNCONTROLLED RIGHT NOW.
THE GATES ARE OPEN, THE PEDESTRIAN GATES ARE OPEN.
I THINK THAT'S THEIR BIGGEST ISSUE.
IT DID AFFECT THAT MOST OF THE APARTMENT COMPLEXES IN THE CITY OF DALLAS DO NOT HAVE GATES ENTRY AND EXCESS ACCESS.
ARE YOU FAMILIAR WITH THE VILLAGE APARTMENT COMPLEX BETWEEN, UH, UH, UNIVERSITY DRIVE AND SKILLMAN AND NORTHWEST HIGHWAY AND LET'S SAY LOVER'S LANE? YES.
WOULD IT BE CORRECT THAT, TO YOUR KNOWLEDGE, MOST OF THOSE ARE NOT GATED PROPERTIES? CORRECT.
AND IS IT ALSO A FACT THAT IT IS THE AREA THAT THE APARTMENTS ARE LOCATED THAT CREATE THE CRIMINAL PRO PROBLEM, NOT THE UNITS THEMSELVES? IT COULD BE A FACTOR.
UM, TELL ME HOW YOU ABATE A MURDER.
IF YOU CAN PREVENT PEOPLE THAT DON'T BELONG ON YOUR PROPERTY, JUST UN COME COMING IN FREELY.
YOU CAN'T A HUNDRED PERCENT REMOVE IT, BUT YOU CAN AFFECT IT AND MAYBE PUSH THAT INDIVIDUAL TO SOMEWHERE ELSE SO THEY CAN GO DO THAT CRIME
APPRECIATE YOUR TIME AND YOUR SERVICE.
WE'LL NOW PROCEED WITH, UH, BOARD QUESTIONING FOR DETECTIVE GOMEZ OR THE CITY CHAIR.
ARE WE ABLE TO DO A REDIRECT OR, UH, YEAH, I'M SORRY.
IF YOU'D LIKE, YOU HAVE TIME REMAINING.
UH, DETECTIVE GOMEZ, UM, IS IT REASONABLE FOR A LANDOWNER, UH, AND PROPERTY MANAGEMENT COMPANY TO UNDERSTAND WHAT'S GOING ON ON THEIR PROPERTY? YES, IT IS.
AND CAN YOU EXPLAIN TO US HOW YOU UNDERSTAND, UM, STED OR CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN AS A CRIME DETERRENT? YEAH, THE STED PRINCIPLES, IT'S A USE YOUR ENVIRONMENT TO PREVENT CRIME.
SO YOU HAVE A GATES INSTALLED, YOU HAVE REALLY LIT AREAS, YOUR CAMERA SYSTEM IS WORKING FUNCTIONALLY.
WOULD YOU AGREE THAT STED IS ABOUT, UM, ESTABLISHING CONTROL AND OWNERSHIP OVER A PROPERTY SO THAT IT'S NOT FRIENDLY FOR CRIME TO OCCUR? YES.
YOU USE TED PRINCIPLES TO DETER CRIMINALS TO COME ONTO YOUR PROPERTY? PARDON ME? COULD I BRIEFLY DIRECT YOU TO, UM, WHAT YOU UNDERSTAND AS DEBATABLE CRIMINAL ACTIVITY IN CHAPTER 1 25 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE? UM, IT'S IN THE CITY'S TAB TWO, A LITTLE BIT FURTHER BACK.
UM, DO YOU MIND READING THAT INITIAL DEFINITION OF, UM, A COMMON NUISANCE UNDER 1 25, WHERE IT STARTS WITH A PERSON WHO MAINTAINS A PERSON WHO MAINTAINS A PLACE TO WHICH PERSONS HABITUALLY GO FOR THE FOLLOWING PURPOSES, AND WHO KNOWINGLY TOLERATES THE ACTIVITY AND FURTHERMORE, FAILS TO MAKE REASONABLE ATTEMPTS TO ABATE THE ACTIVITY, MAINTAINS A COMMON NUISANCE.
AND DO YOU UNDERSTAND THAT TO MEAN THAT THE SUBSEQUENT LIST OF SAY, 28 CRIMES ARE THUS AAT? YES.
[01:40:03]
ALRIGHT, WE'LL NOW PROCEED WITH BOARD QUESTIONING.UH, MS DO YOU HAVE ANY QUESTIONS FOR THE DETECTIVE? THAT'S JUST ONE.
DETECTIVE GOMEZ, IN YOUR INVESTIGATION, UM, THROUGHOUT YOUR INVESTIGATION, HOW MANY TIMES DID YOU SEE, UH, THE PATROL ON THE PROPERTY? I HAVE NOT SEEN THE PATROL ON THE PROPERTY.
MS. AALA, DO YOU HAVE ANY QUESTIONS? NO, I DON'T.
MS. WILLIS, DO YOU HAVE QUESTIONS FOR THE DETECTIVE? YES, I DO.
UM, SO FROM MY UNDERSTANDING THIS, UM, THE OWNERS HAVE BEEN OWNING THIS COMPLEX FOR ABOUT FOUR YEARS AND THE MANAGEMENT COMPANY TOOK OVER LAST YEAR, BUT, UM, FROM MY UNDERSTANDING, POLICE HAVE BEEN CALLED OUT ABOUT 300 TIMES.
SO PRIOR TO THE, THE NEW MANAGEMENT COMPANY, THE OWNERS WERE, WERE THEY AWARE THAT THE POLICE HAVE BEEN CALLED OUT 300 TIMES OR DO YOU KNOW? I KNOW THE NEIGHBORHOOD POLICE OFFICERS HAVE GONE TO THAT LOCATION VARIOUS TIMES AND SPOKEN TO, TO THE PROPERTY MANAGERS THERE EXPLAINING THEM THE HIGH CRIME AREA.
UM, OKAY, I, I THINK THAT'S ALL THE QUESTIONS I HAVE FOR NOW.
MR. WILL, MR. JEFFERSON, DO YOU HAVE QUESTIONS FOR THE DETECTIVE? YES, I HAVE A QUESTION.
UH, OFFICER, WHAT HAS BEEN, IN YOUR OPINION, THE SUCCESS RATIO FOR PROPERTIES LIKE, UH, WITH THE HEADING OR WITH THE LABEL OF BEING HABITUAL PROPERTIES? WHAT HAS BEEN YOUR, UH, ASSESSMENT AS TO HOW THAT HAS, UM, HELPED TO, UM, TO ASSIST IN, IN RESOLVING THIS PROBLEM? THE MAJORITY OF THE PROPERTIES THAT ARE WITH THE HCP DESIGNATION, THEY, THEY SHOW IMPROVEMENT FROM THEIR CRIME LEVELS ARE DROPPING PRETTY SIGNIFICANTLY.
IS THERE A TIME PERIOD IN WHICH YOU SEE THE IMPROVEMENT FROM THAT? UH, FROM THAT ASSESSMENT? IT'S USUALLY, IT COULD BE BETWEEN THREE MONTHS TO 12 MONTHS.
I MEAN, THAT'S FASTER THAN IT'S BEEN FOR, UH, THEM TO BE ABLE TO PUT A FENCE UP IN A YEAR.
MR. ILLA, DETECTIVE, GOOD MORNING.
HAVE YOU EVER MET BRADLEY BIRCH IN PERSON OR ON THE PHONE OR EMAILS? MET MR. BRADLEY BIRCH.
HAD YOU MET HIM BEFORE THAT ACCORD MEETING IN WHAT WOULD'VE BEEN AUGUST OF 2023? NO.
HAD YOU EVER BEEN CONTACTED BY RICHARD BIRCH? NO.
I'LL REPRESENT TO YOU THAT AT LEAST WHAT WE'VE BEEN PRESENTING, HE'S A MEMBER OR A REGISTERED AGENT AND ONE OF THE OWNERS OF, UH, THE 72 50 ELAM ROAD, LLC YOU.
AND YOU'VE STATED YOU'VE NEVER MET HIM OR TALKED TO HIM? NO, I'VE NOT MET HIM OR SPOKEN TO HIM.
ONE OF THE SUGGESTIONS THAT SEEMED TO BE FROM APPELLANT'S ATTORNEY WAS THAT BECAUSE THEY WERE UNAWARE OF THE WHAT COULD THEY COULD DO TO PREVENT CRIMES, THEREFORE SOMEHOW THAT WAS THE POLICE'S RESPONSIBILITY.
DO YOU AGREE WITH THAT ASSUMPTION? I THINK WHEN YOU HAVE A, IT SHOULD BE A COMBINATION OF BOTH.
WE SHOULD WORK TOGETHER TO FIX THE PROBLEM, NOT JUST THROWN ON ONE.
THE CRIME WATCH PROGRAM, HOW LONG HAS THAT BEEN IN, UH, A PROGRAM WITHIN THE CITY ITSELF? UH, JUST NEIGHBORHOOD WATCH PROGRAM.
HOW LONG HAVE THOSE, HAS THAT BEEN YEARS, MONTHS? IT'S BEEN YEARS.
WOULD IT SEEM REASONABLE THAT A CRIME WATCH PROGRAM COULD HAVE BEEN IMPLEMENTED WITHOUT Y'ALL SUGGESTION IN UH, 2023? YES.
THE, ACTUALLY THE SURROUNDING APARTMENT HAS ONE IN THE SOUTHEAST AREA WHERE YOU, UH, OFFICE AND, UH, TAKE CARE OF.
[01:45:01]
AWARE OF OTHER NEIGHBORHOOD CRIME WATCH PROGRAMS THAT ARE IN PLACE? YES.AND ONE OF THE ELEMENTS OR REQUIREMENTS OF THAT IS THAT A POLICE OFFICER ATTENDS ON A REGULAR BASIS OF THAT LOCATION.
IS THAT CORRECT? THAT IS CORRECT.
HAVE YOU EVER, UM, THE AWARENESS OF CRIMES, DOES THAT REQUIRE, UM, IF YOU'RE A, IF YOU'RE AN OWNER, WOULD THAT SEEM REASONABLE THAT YOU'D WANT TO BE AWARE OF ALL THE CRIMES OR AT LEAST CALLS THAT YOU'VE, UH, MADE INTO THE POLICE DEPARTMENT? YES.
IN REGARD TO, THERE WAS A REFERENCE OF THIS, AND I'M TRYING TO UNDERSTAND THE PROPERTY.
IT SEEMS TO HAVE THIS COMBINATION OF EASEMENTS AND, UH, COMBINED ENTRANCES TO OTHER PROPERTIES.
ARE YOU FAMILIAR WITH THAT? YES.
AND IS IT, IF YOU HAD SOME TYPE OF SIGNAGE AND FENCING, WOULD THAT DELINEATE ONE PROPERTY FROM THE OTHER? IT COULD HELP.
AND SO CURRENTLY, IS IT CONFUSING TO TELL WHICH PROPERTY IS WHICH IN YOUR OPINION? IT IS IF YOU'RE NOT AWARE OF THE AREA.
UH, MR. HAYES, THE, UM, THANK YOU FOR BEING HERE, DETECTIVE, AND THANK YOU FOR YOUR SERVICE.
UM, THE CITY PHRASED ALL THEIR QUESTIONS TO YOU WITH I QUOTE AT THE TIME OF THE ACCORD MEETING, AND THEN WENT DOWN A LIST OF THE CATEGORIES THAT ARE DESCRIBED IN THE FINAL DETERMINATION LETTER.
UH, IT'S GONNA TAKE A LOT MORE THAN THREE MINUTES, BUT I WOULD ASK THAT THE CITY RECAPTURE SOME OF THEIR TIME AND ASK EXACTLY THE SAME QUESTIONS THAT PERTAIN AS OF JANUARY 18TH.
WOULD YOU BE WILLING TO DO THAT? WELL, SIR, THE CITY, THE PRESENTATIONS HAVE CLOSED, SO OH, THEY HAVE MINUTES LEFT.
THE PRESENTATIONS HAVE CLOSED.
I'LL, YOU CAN ASK HIM WHAT YOU'D LIKE TO ASK HIM.
LET'S GO THROUGH THE, UM, AS QUICKLY AS WE CAN.
AS OF TODAY, HOW'S THE LIGHTING AS OF TODAY? WELL, MY LAST, THE LAST INSPECTION, EVENING INSPECTION I HAD WAS IN OCTOBER.
SO THAT, SO I CAN SPEAK ABOUT THAT.
UH, WELL THEN AS OF OCTOBER, IT WAS POOR LIGHTING, THE, THE EVENING OF OCTOBER 26TH.
HOW ABOUT THE PARKING? WE KNOW ABOUT THE GATE ALREADY.
THERE WAS NO VISITORS OR RESIDENT PARKING.
UM, HOW ABOUT THE CAMERAS? THE CAMERA SYSTEM WAS IN PLACE AND THERE WAS BETTER VIDEO.
HOW ABOUT, UM, SCREENING OF APPLICANTS DAY SCREEN, THE POTENTIAL TENANTS, BUT THEY WEREN'T SCREEN, THEY'RE NOT, THEY DON'T SCREEN THE REAPPLYING NEW LEASES TENANT? THEY ARE OR ARE NOT? THEY ARE NOT.
AND THAT'S AS OF OCTOBER? CORRECT.
UM, I GOT THE IMPRESSION, BUT I DIDN'T QUITE GET IT WITH CERTAINTY THAT THIS UNIT, THIS GROUP OF APARTMENTS IS NOT HOLDING CRIME WATCH MEETINGS AT THE, THEY ARE CURRENTLY NOT HOLDING CRIME WATCH MEETINGS.
I'M, I'M NOT EXACTLY SURE OF THE DATE, BUT THEY HAVE.
THANK YOU, DETECTIVE FOR ALL YOUR SERVICE IN YOUR WORK.
SO THE APPELLANT'S ATTORNEY, UM, IN ESSENCE SAID THAT IT WAS THE CITY'S RESPONSIBILITY TO TELL A PROPERTY THAT IT'S DANGEROUS, BUT YET YOU STATED THAT THE POLICE HAVE COME OUT MORE THAN ONCE TO TELL THEM THE PROPERTY IS DANGEROUS, CORRECT? YES.
SO WITH THE AMOUNT OF AVAILABLE CRIMES, ESPECIALLY MURDERS, ROBBERIES, AGGRAVATED ASSAULTS, SHOULDN'T THE OWNER OF KNOWN IT WAS A DANGEROUS PLACE? YES, HE SHOULD HAVE.
UM, SO THE, THE POLICE HAVE BEEN CALLED OUT 300 TIMES, ROUGHLY IN A YEAR? YES.
SO, SO THAT'S ALMOST ONCE A DAY.
WOULD THAT TELL YOU IT'S PRETTY DANGEROUS? I WOULD THINK SO.
UM, YOU SAID THAT THE CONTROLLED ACCESS IS NOT IN PLACE.
WOULD THAT HELP END THE CRIME? I THINK IT WOULD HELP BIG TIME.
'CAUSE RIGHT NOW ANYBODY CAN JUST WALK IN, DRIVE IN.
WELL, THAT'S WHAT YOU'D SAY WAS THERE'S FREE ACCESS.
SO ENDING THE FREE ACCESS AGAIN WOULD LOWER THE AMOUNT OF CRIME? YES.
UM, UH, YOU, YOU SAID THE PROPERTY'S POORLY LIT.
[01:50:01]
ARE THERE AREAS WHERE IT'S TOTALLY DARK OR ALMOST DARK? THERE'S SOME SECTIONS ON ONE SIDE BY WHERE THE APARTMENTS ARE ON THE CREEK SIDE.OKAY, SO THAT WOULD BE A VERY DANGEROUS AREA.
UH, YOU, YOU SAID THEY TOW AFTER 72 HOURS, WOULD TOWING EARLIER FASTER HELP? I THINK WE'LL JUST SET A BETTER STANDARD FOR THE PROPERTY.
THE, UM, YOU, YOU SAID THE OWNER COULD NOT REBUT THE HCP DESIGNATION AS THEY HAVE DEFICIENCIES.
DO YOU THINK THAT THEY CAN GET RID OF THESE DEFICIENCIES SOONER RATHER THAN LATER? HOPEFULLY THAT'S THE GOAL, TO HAVE EV THESE THINGS IMPLEMENTED AS FAST AS POSSIBLE.
SO, SO LASTLY, THE, THE APPELLANT'S ATTORNEY STATED THAT MOST APARTMENTS DON'T HAVE FENCES, BUT YET IN THIS PARTICULAR AREA, UM, I, I THINK HIS ARGUMENT WAS A LITTLE LICIOUS BECAUSE EACH, UH, PROPERTY STANDS ON ITS OWN MERITS AND ITS OWN DEFICIENCIES.
UM, IN THIS PARTICULAR APARTMENT, WOULD A, A FENCE ALL THE WAY AROUND ACCESS GATES, WOULD THAT END ALMOST ALL OF THE AVAILABLE FENCES? I THINK ADDING THE ACCESS GATES AND CLOSING UP THE PEDESTRIAN GATES WOULD HELP.
THEY HAVE SOME FENCING RIGHT NOW.
THERE'S A, THERE'S A CHAIN LINK FENCE ON THE EAST SIDE THAT FACES THE OAK HOLLOW APARTMENTS THAT HAS A LOT OF HOLES IN 'EM, WHERE, WHAT I'VE SEEN PERSONALLY MYSELF, I'VE WALKED WITH THE PROPERTY MANAGER.
SHE, SHE WAS THERE AS WELL, WE'RE AN INDIVIDUAL, JUST WALKED RIGHT BY US, OPENED THE BOTTOM OF THE FENCE AND CRAWLED RIGHT THROUGH THE UH, SIDE.
SO IN, IN YOUR EXPERT OPINION FOR THE YEARS YOU'VE BEEN ON THE, ON THE FORCE, HAVE THEY TAKEN ENOUGH STEPS TO REMOVE THE HCP DESIGNATION? NO, THEY HAVE NOT.
UH, MS. SHIN, DO YOU HAVE ANY QUESTIONS? I HAVE A COUPLE QUESTIONS.
UH, THANK YOU DETECTIVE FOR YOUR SERVICE, UM, AND FOR BEING HERE TODAY.
UM, YOU SAID THAT THERE IS NO RESIDENT, YOU HAVEN'T OBSERVED ANY RESIDENT OR VISITOR DESIGNATED PARKING.
UM, BUT MS. BOWLEN TEST BOLDEN TESTIFIED THAT, UM, THERE ARE, THERE'S A PARKING PERMIT FOR THE VEHICLE SYSTEM IN PLACE.
DO YOU, HAVE YOU FOUND THAT TO BE TRUE? THEY USE A, AN ONLINE REGISTRATION SO THERE'S NOT AN ACTUAL PHYSICAL PERMIT.
AH, THANK YOU FOR CLARIFYING THAT.
THAT'S MY, THAT WAS MY ONLY QUESTION.
UH, MR. VERA, DO YOU HAVE ANY QUESTIONS FOR THE DETECTIVE? NO QUESTIONS.
UH, I HAVE A COUPLE OF QUESTIONS FOR THE CITY, MS. TRAVIS OR MS. ROLAND.
UM, WAS ARTICLE EIGHT OF THE DALLAS CITY CODE ATTACHED TO THE INITIAL NOTICE LETTER? YES.
UM, IT IS OUR PRACTICE TO ALWAYS INCLUDE, UM, THE ENTIRE CHAPTER 27.
AND DOES CHAPTER 27 DEFINE AAT CRIMINAL ACTIVITY? IT DOES, IT'S IN THE DEFINITIONS SECTION.
UM, IT, IT'S ACTUALLY THE FIRST DEFINITION UNDER 27 46.
THAT'S ACTUALLY THE FIRST PAGE OF THE CITY'S EXHIBIT TWO.
UM, AAT CRIMINAL ACTIVITY MEANS THOSE ACTIVITIES LISTED IN CHAPTER 1 25 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE AS AMENDED.
THE TERM DOES NOT INCLUDE CRIMES OF FAMILY VIOLENCE.
UM, DO YOU KNOW WHETHER, UH, CHAPTER 27 IS INDEXED BY WESTLAW OR LEXUS? IT'S, IT'S HOUSED ON AMERICAN.
UM, IT'S LIKE AM LEGAL, IT'S A PUBLIC ACCESS.
ANYONE CAN GET IT, WHICH IS OBVIOUSLY MUCH MORE AVAILABLE THAN WESTLAW.
UH, IS THE TEXAS CIVIL PRACTICE AND REMEDIES CODE PUBLICLY AVAILABLE AS WELL? IT IS.
THE STATE OF TEXAS, UM, PUBLISHES THAT FOR FREE FOR ANYBODY TO ACCESS VIA GOOGLE.
UH, IS, DOES IT COME IN BOOK FORM? I'M CERTAIN YOU COULD PURCHASE IT, YES.
BUT YOU COULD JUST READ IT ON YOUR TABLET, YOUR PHONE, WHATEVER YOU WANTED.
IS THAT THE SORT OF THING THAT MOST ATTORNEYS IN TEXAS WOULD BE FAMILIAR WITH? I WOULD HOPE SO.
HAVE A COPY OF I WOULD HOPE SO, YES, CERTAINLY.
UM, FOR, UH, DETECTIVE, THANK YOU FOR, FOR COMING OUT TODAY.
UM, DO YOU BELIEVE THAT, UM, THE QUESTION OF WHETHER A PROPERTY IS A HABITUAL NUISANCE OR HABITUAL CRIMINAL PROPERTY? I, IS THAT A RELATIVE SCALE IN YOUR OPINION? DEPENDING ON THE NEIGHBORHOOD THAT THE PROPERTY IS IN IT,
[01:55:01]
IT'S PRETTY MUCH AN INDIVIDUAL BASIS ON THE PROPERTY ITSELF.'CAUSE THERE'S SOME, THERE'S PROPERTIES IN BAD NEIGHBORHOODS THAT DON'T HAVE THESE KIND OF ISSUES.
UH, CAN A PROPERTY IN A BAD NEIGHBORHOOD HAVE FEWER ISSUES IF THERE'S OWNERSHIP AND MANAGEMENT THAT TAKES PROACTIVE MEASURES? YES.
AND, AND CAN A PROPERTY IN A GOOD NEIGHBORHOOD NEVERTHELESS HAVE ISSUES IF IT HAS MANAGEMENT THAT DOESN'T TAKE PROACTIVE MEASURES? CAN, CAN YOU HAVE CRIME PROPERTIES IN NICE NEIGHBORHOODS? UH, YOU CAN IF THEY'RE MISMANAGED.
UH, WE'LL GO BACK THROUGH FOR THE SECOND ROUND IF THERE'S ADDITIONAL QUESTIONS.
UM, SARNO, DO YOU HAVE ADDITIONAL QUESTIONS? NO QUESTIONS.
MS. AYALA, DO YOU HAVE ANY ADDITIONAL QUESTIONS? NO QUESTIONS.
MS. WILLIS, DO YOU HAVE ANY ADDITIONAL QUESTIONS? NO, CHAIR? I DO NOT.
MR. JEFFERSON, DO YOU HAVE ANY ADDITIONAL QUESTIONS? NO, SIR.
MR. CILLA, DO YOU HAVE ADDITIONAL QUESTIONS? NO.
MR. HAYES, DO YOU HAVE ADDITIONAL QUESTIONS? UH, ONE ADDITIONAL QUESTION.
DETECTIVE, YOU MADE, UH, A REFERENCE TO THE MURDER THAT OCCURRED ON THIS PROPERTY.
THE APPELLANT ALSO MENTIONED THAT ONE OF THE TWO MURDERS AT LEAST, UM, OCCURRED OFF THE PROPERTY AND THAT THERE, THEY WERE LISTED AS THE SITE BECAUSE THAT'S WHERE THE VICTIM EXPIRED.
UH, IS THAT THE SAME CRIME THAT YOU WERE REFERRING TO DETECTIVE? WELL, THEY HAD, THEY HAD TWO MURDERS.
SO, SO WHAT WERE THE DATES OF THOSE TWO? ONE WAS, THE FIRST ONE WAS JANUARY 10TH, 2023.
AND THE SECOND WAS JUNE 10TH, 2023.
AND WHICH ONE OF THOSE WAS, DID THE ACTUAL ASSAULT OR MURDER ITSELF OCCUR OFF THE PROPERTY? I'M ASSUMING IT WAS THE JUNE ONE, BECAUSE THAT WAS WHEN THIS MANAGEMENT COMPANY HAD PURVIEW REVIEW.
THAT'S THE ONLY QUESTION I HAVE.
MR. QUINT, NO QUESTIONS, CHAIR.
UH, MR. VERA, DO YOU HAVE ANY QUESTIONS? NO QUESTIONS.
AND I HAVE NO FURTHER QUESTIONS.
UH, SO WITH THAT, UM, WE'LL NOW GIVE, UH, EACH SIDE FIVE MINUTES TO MAKE A CLOSING ARGUMENT, UH, BEGINNING WITH THE APPELLANT.
UH, LET'S KIND OF RECAP AND LET'S START WITH SOMETHING.
IT WAS RIGHT TOWARDS THE END OF THE LAST ROUND OF COUNSEL OR, OR COMMITTEE QUESTIONS.
UH, SO THAT Y'ALL FULLY UNDERSTAND THE, THE, UH, GRAVITY OF THIS SITUATION.
THE STATUTE THAT I EXPLAINED IN GREAT DETAIL DOES NOT DEFINE, UH, HABITUAL CRIMINAL ACTIVITY.
IT REFERENCES A CIVIL STATUTE, WHICH WAS ENACTED BY THE LEGISLATURE.
THE CITY ORDINANCE IS A BOOTSTRAP OF THAT, THAT SAYS, OKAY, IF IT CALLS IT A NUISANCE, IT'S NOW A CRIMINAL ACTIVITY.
SO FOR THOSE FOLKS BEING SOME MAYBE SOMEWHAT CONFUSED BY THE LINE OF QUESTIONING THAT FOLLOWED, THAT IS VERY CLEARLY NOT DEFINED BY ANYTHING THAT HAS BEEN ENACTED OTHER THAN THROUGH THE CITY STATUTE.
CITY ORDINANCE, SPECIFICALLY, THE STATUTE THAT THE LEGISLATURE ENACTED REFERS TO ALL THIS LIST OF THINGS AS PUBLIC NUISANCES.
[02:00:01]
CRIMINAL ACTIVITY WHO IS TO DEFINE CRIMINAL ACTIVITY.THE ONLY WHERE THAT COMES FROM IS THE CITY ORDINANCES.
WELL, WE'LL CALL ALL THOSE A CRIMINAL ACTIVITY.
AND THAT'S WHERE THAT COMES FROM.
SO THE ISSUES OF WHAT YOU CAN FIND ON SOMETHING OTHER THAN WESTLAW OR ALEXIS OR CASE TEXT, THESE ARE ALL THINGS THAT LAWYERS USE.
YES, YOU CAN FIND IT ON THE INTERNET TOO, BUT SO THAT YOU NOT GET CONFUSED BY THAT, IT IS STILL AN UNDEFINED TERM OTHER THAN THE ORDINANCE BOOTSTRAPPING THAT ARGUMENT OF A WHAT? A PUBLIC NUISANCES.
NOW, INTERESTINGLY ENOUGH, THE STATUTE SAYS WHAT IS THE PURPOSE? SO THIS IS THE ACTUAL STATUTE THAT LE THE LEGISLATURE ENCOURAGED FOR THE PUBLIC NUISANCES.
IT SAYS THAT, OR, OR ACTUALLY THE CITY ORDINANCE.
THE PURPOSE OF THIS IS TO OBTAIN AN OWNER'S COMPLIANCE WITH MINIMUM PROPERTY CONDITIONS AND LAWFUL OPERATIONS, WHICH COMPLIANCE IS LIKELY TO REDUCE CERTAIN CRIMINAL ACTIVITY ON A PROPERTY WHERE THAT CRIMINAL ACTIVITY IS SO PREVALENT AS TO RENDER THE PROPERTY A HABITUAL PROPERTY OR HABITUAL NUISANCE.
NOW, LET'S LOOK AT WHAT THAT SAYS.
THEY'RE TRYING TO GAIN OUR COOPERATION, OUR COMPLIANCE.
HOW DO YOU DO THAT? WHEN YOU GET A LETTER THAT SAYS NOTHING THAT YOU DID BEFORE THE DATE OF THIS LETTER, OR ONLY WHAT YOU DID BEFORE THE DATE OF THIS LETTER COUNTS.
ANYTHING AFTER THIS KING'S EX, YOU'RE, YOU'RE IN THE HALL.
JUST PULL THE DIRT IN OVER YOU BECAUSE WE'RE GONNA BURY YOU.
THAT'S THE APPLICATION THAT THE CITY IS ASKING YOU TO DO.
WHILE WE ARE LOOKING AT WHAT WE CAN DO AND HAVE DONE, THE CITY IS NICE ENOUGH TO GIVE US A LONG LIST OF THINGS THEY BELIEVED TO BE REASONABLE.
NOW, YOU HEARD OFFICER GOMEZ ACKNOWLEDGE REPEATEDLY THAT IT WOULD BE REASONABLE AND HELPFUL FOR THE CITY TO INFORM THE LANDLORDS THAT THAT'S COMMON SENSE.
IF THEY WANT OUR COMPLIANCE, LET US KNOW IN ADVANCE.
DON'T COME IN WITH THE HEAVY HAND AND SAY, OKAY, YOU DIDN'T READ OUR MIND, YOU DIDN'T KNOW THIS.
AND WHAT HAPPENS AFTER THIS LETTER GETS IN YOUR HANDS? DOESN'T COUNT YOUR HABITUAL CRIMINAL PROPERTY.
IS THAT FAIR? WHAT THESE THINGS END UP INTO, AND THIS IS A PROCESS, THE CITY AND ACTS THIS, AND ACTUALLY IT'S NOT EVEN THE POLICE DEPARTMENT, IS MR. OFFICER GOMEZ ACTING THROUGH THOSE TRYING TO FOLLOW WHAT HE'S BEEN PRESENTED, ACTS THROUGH THAT WE GO THROUGH THIS HEARING, AND THEN THE NEXT STEP IS AN APPEAL, WHICH ACTUALLY GOES TO DISTRICT COURT AND WILL CHALLENGE AND HAS CHALLENGED IN SOME OTHER INSTANCES, THE ACTUAL ENFORCEABILITY AND THE CONSTITUTIONAL, THE CONSTITUTIONALITY OF THIS STATUTE.
THIS IS A GOOD ORDINANCE FOR THE POLICE TO HAVE TO GET RECALCITRANT LANDLORDS IN LINE.
BUT WHY ON EARTH WOULD ANY OF YOU SUPPORT YOU BEING GENERICALLY, ANY OF US SUPPORT HAVING A HEAVY HAND PUNISH PEOPLE WHO SAY, OKAY, WE SEE WHAT YOU WANT.
WE'LL START DOING THAT RIGHT NOW.
THAT MAKES NO LOGICAL SENSE TO ANYBODY.
YOU WANT COMPLIANCE, BUT YOU ALSO WANT THAT HEAVY HAND FOR THOSE PEOPLE.
AND THERE ARE SOME OUT THERE FROM WHAT WE READ IN THE NEWSPAPER THAT IGNORE EVERYTHING AND ARE THINK THEY'RE BEYOND HAVING TO COMPLY.
UH, SO ALL WE'RE ASKING IN THIS APPEAL IS TO RENDER THIS LOOK AT WHAT WAS HAPPENING AND HAD HAPPENED BEFORE.
AND SOME OF THE THINGS THAT WERE SAID ARE NOT ACCURATE IN THE SENSE OF YES, WE HAD EVICTIONS, YES, WE WERE KICKING PEOPLE OUT FOR BEING BAD PEOPLE.
A GATE IS NOT GONNA PROTECT OFFICERS SAID, WELL, IT'S NOT GONNA PROTECT, YOU KNOW, PREVENT, ALL OF THAT STUFF CAN HELP IN THE PROCESS.
WHY WOULD YOU WANT TO TAKE A ALL A LANDLORD WHO IS ACTUALLY SAYING, LET ME GIVE THE POLICE DEPARTMENT WHAT THEY WANT AND PUNISH 'EM.
THAT'S WHAT THE, THE RULING, IF YOU GO IN FAVOR OF THE CITY, WHICH I REALIZE FROM LOOKING AT A LOT OF THESE THAT I HAVEN'T SEEN ONE THAT YOU DIDN'T.
AND I ENCOURAGE YOU, THAT'S YOUR TIME, SIR.
WE WANNA SIMPLIFY THE ISSUES THAT I REFERRED THE BOARD TODAY.
THERE'S BEEN A LOT OF DISCUSSION, BUT ALL THIS REALLY BOILS DOWN TO TWO MAIN ISSUES.
ONE, ARE THE PRESUMPTIONS LISTED APPLICABLE TO THIS PROPERTY? YOU HEARD TESTIMONY FROM DETECTIVE GOMEZ THAT THERE HAVE BEEN MORE THAN FIVE DEBATABLE CRIMES, WHICH WITHIN 365 DAYS, AND THAT BASED ON HIS PERSONAL KNOWLEDGE OF THE PROPERTY, THE OWNERS HAVE FAILED TO IMPLEMENT REASONABLE MEASURES TO ABATE THESE CRIMES.
THE SECOND ISSUE IS WERE THE PRESUMPTIONS REBUTTED AT THE ACCORD MEETING.
SO WITH THE PRESUMPTIONS BEING SATISFIED AND NO REBUTTAL FROM THE PROPERTY OWNERS, THE DALLAS POLICE DEPARTMENT FULFILLED THIS OBLIGATION AND DID DESIGNATED THIS PRO PROPERTY AS A HCP UPHOLDING THIS HCP DESIGNATION MEANS WHAT? FOR CHEROKEE VILLAGE APARTMENTS,
[02:05:02]
THE CITY WOULD LIKE TO STRESS THAT UPHOLDING THIS DESIGNATION IS NOT PUNITIVE.IN FACT, THE CITY WOULD LIKE TO CONTINUE TO WORK WITH CHEROKEE VILLAGE TO MAKE SURE THE RESIDENTS AND OVERALL COMMUNITY ARE SAFE.
THINK OF THIS DESIGNATION AS A WORKING PARTNERSHIP BETWEEN THE CITY AND CHEROKEE VILLAGE.
UPHOLDING THIS DESIGNATION DOES REQUIRE CHEROKEE VILLAGE TO POST A SIGN IDENTIFYING THIS AS A HABITUAL CRIMINAL PROPERTY AND PAY A FEE.
THAT FEE IS REQUIRED BECAUSE DPD PROVIDES A SERVICE TO THESE FEW PROPERTIES THAT NEED THIS EXTRA INTERVENTION FROM THEM.
MOST PROPERTY OWNERS DO NOT NEED THIS EXTRA HELP, BUT THE FEE IS THERE TO FACILITATE THIS PROCESS BETWEEN DPD AND THE PROPERTY OWNERS.
UPHOLDING THIS DESIGNATION WILL ALLOW DPD TO HOLD THE OWNERS ACCOUNTABLE FOR THE MEASURES THAT THEY HAVE PRESENTED TO YOU TODAY.
THE CITY DOES APPRECIATE ALL THE EFFORTS THAT CHEROKEE VILLAGE HAS MADE TO MAKE THEIR COMMUNITY MORE SAFE.
HOWEVER, THESE MEASURES SHOULD HAVE BEEN PRESENTED AT THE ACCORD MEETING SO THAT DPD AND CITY OFFICIALS COULD VERIFY THAT THE MEASURES WERE ACTUALLY IN PLACE DETERMINE IF THE MEASURES WERE BEING IMPLEMENTED IN A WAY THAT ABATES CRIME.
AND WE COULD WORK COLLABORATIVELY IN SUGGESTING ALTERNATIVE OR ADDITIONAL REASONABLE MEASURES THAT WILL HELP KEEP THE COMMUNITY SAFE.
THE ORDINANCE ALSO CALLS FOR ANNUAL REVIEW TO TAKE PLACE WHERE DPD WILL REVIEW THE REASONABLE MEASURES IMPLEMENTED AND WHETHER OR NOT THE PRESUMPTIONS ARE STILL SATISFIED.
IF CHEROKEE VILLAGE IS SUCCESSFUL IN IMPLEMENTING THESE SAFETY MEASURES, DPD COULD DETERMINE THAT THE DESIGNATION IS NO LONGER NECESSARY AND THE FEE IN PLACE CARD WILL BE REMOVED.
THEREFORE, WE ASK IF THE BOARD AGREES THAT THE PRESUMPTIONS WERE MET AND CHEROKEE VILLAGE DID NOT REBUT THEM.
WHEN GIVEN THE OPPORTUNITY, THE BOARD UPHOLD THE HABITUAL CRIMINAL PROPERTY DESIGNATION SO THAT A DALLAS POLICE DEPARTMENT CAN HOLD THIS PROPERTY ACCOUNTABLE AND CONTINUE TO WORK WITH THEM IN IMPLEMENTING MEASURES THAT WILL ENSURE A SAFER ENVIRONMENT FOR THE CITY OF DALLAS.
THE, UH, PRESENTATIONS ARE NOW CLOSED.
MR. CHAIR, UM, IS IT WITHIN THE SCOPE OF THIS BOARD'S POWERS TO EXTEND THE PERIOD WHERE THE APPEAL IS STILL PENDING AND THUS GIVING ADDITIONAL TIME TO IMPLEMENT A FEW MORE MEASURES? THEY OBVIOUSLY HAVE IMPLEMENTED SOME.
OR DO WE, AT THE POINT OF THIS MEETING, HAVE TO MAKE A DEFINITIVE YAY OR NAY DETERMINATION ON THIS APPEAL? UH, WE HAVE TO, AT THIS MEETING MAKE A DETERMINATION ON THE APPEAL.
UM, BUT ALSO OUR REMIT HERE IS TO DETERMINE WHETHER OR NOT THE PRESUMPTIONS WERE MET, UH, AS OF THE DATE OF THE FINAL DETERMINATION.
UM, IS THERE A MOTION FROM THE BOARD REGARDING THE NOTICE OF FINAL DETERMINATION AS A HABITUAL CRIMINAL PROPERTY FOR CHEROKEE VILLAGE APARTMENTS? I MAKE A MOTION THAT WE EXTEND THE HCP ON THE DESIGNATED PROPERTY TO AFFIRM THE DECISION.
UH, MR. QUINT HAS MOVED TO AFFIRM THE DECISION OF THE CHIEF OF POLICE.
UH, IS THERE A SECOND? SECOND, UH, WAS THAT MR. JEFFERSON? YES.
WE WILL NOW MOVE TO DISCUSSION.
MR. QUINT, DO YOU WANT TO SPEAK IN FAVOR OF YOUR MOTION? I, I DO, SIR.
SO, WHEN WE GO THROUGH ALL THE FAST PREPONDERANCE OF EVIDENCE, LEMME BEGIN BY STARTING WITH THE, JUST THE AMOUNT OF DANGEROUS CRIMES FROM, UH, THE FISCAL YEAR.
UH, JULY 11TH OF 22 TO JULY 11TH OF 23, YOU HAD THREE AGGRAVATED ASSAULTS, TWO MURDERS, AND THREE ROBBERIES.
THAT IN UNTO ITSELF SAYS THIS PROPERTY IS NOT SAFE WHATSOEVER.
UH, THE PROPERTY IS WIDE OPEN, AS THE DETECTIVE HAS SAID THAT THERE'S NOT SUFFICIENT FENCING.
AND, UM, AS, AS THE DETECTIVE SAID, THERE IS FREE ACCESS TO THIS PROPERTY.
SO AGAIN, YOU'RE IN A HIGH CRIME NEIGHBORHOOD AS THE APPELLANT'S ATTORNEY HAD SAID.
AND YOU HAVE, UH, A PROPERTY THAT'S OPEN LIKE A S SO ANYBODY IN THEIR BROTHER CAN WALK THROUGH, DRIVE THROUGH.
UM, THE APPELLANT STATED THAT ON ONE OCCASION, FOLKS DECIDED TO HOLD A PARTY ON THE PROPERTY WHERE THEY ALL DROVE IN, BUT YET NONE OF THEM LIVE THERE.
[02:10:01]
THAT IT IS A DANGEROUS PROPERTY.THE DPD WAS CALLED OVER 300 TIMES TO THE PROPERTY.
THERE'S NO CONTROLLED ACCESS FOR THE PROPERTY.
THEY LEAVE CARS UNWED FOR UP TO 72 HOURS.
AND AGAIN, NOT KNOWING MAYBE WHOSE THE CARS ARE.
UM, THERE'S SUCH A HISTORY OF AAT OFFENSES GOING BACK TO, IN, IN OUR DATA, WE WERE GIVEN BACK TO 21 WHEN THERE WAS A MURDER COMMITTED IN THAT, UH, FISCAL YEAR.
UM, I'M JUST GONNA SUM UP AND SAY THE DETECTIVE SAID THAT IN HIS EXPERT OPINION, THEY HAVE NOT TAKEN ENOUGH STEPS TO REMOVE THE, UH, HCP DESIGNATION.
UH, IS THERE ANYBODY WHO'D LIKE TO SPEAK AGAINST THE MOTION? ALL RIGHT, ANYBODY ELSE WHO WANTS TO SPEAK IN FAVOR OF THE MOTION? MR. JEFFERSON, WOULD YOU LIKE TO SPEAK IN FAVOR OF THE MOTION? NO, I BELIEVE HE, HE COVERED IT PRETTY WELL.
IT'S, UH, IT'S OBVIOUSLY, UH, IN MY OPINION, UH, A HABITUAL SITUATION GOING ON THERE.
ANYTIME YOU HAVE OVER 300 CASES, THAT'S LIKE SOMEONE MENTIONED EARLIER AS ALMOST A POLICE OFFICER A DAY COMING THERE.
AND I DON'T THINK YOU REALLY NEED TO HAVE THE POLICE TO TELL YOU YOU GOT A PROBLEM.
UM, SO NO, NO FURTHER QUESTIONS.
UH, IS THERE ANYBODY WHO'D LIKE TO SPEAK AGAINST THE MOTION? ANYBODY WHO'D LIKE TO SPEAK ON THE MOTION? I WOULD.
UM, MR. HAYES, IT'S A TOUGH ONE 'CAUSE I HAVE A LOT OF SYMPATHY FOR THE MANAGEMENT COMPANY 'CAUSE THEY GOT THROWN IN THE MIDDLE OF THIS AND THEY HAVE TAKEN SOME CORRECTIVE MEASURES, BUT IN MY OPINION, NOT QUITE ENOUGH.
AND I HAVE VERY LITTLE SYMPATHY FOR THE OWNERSHIP WHO SEEMS TO HAVE ALLOWED THIS TO EXIST FOR YEARS AND STILL DOESN'T SEEM TO BE VERY ACTIVELY INVOLVED IN GETTING THIS CORRECTED.
SO ON BALANCE, I'M GOING TO VOTE FOR THE MOTION.
UH, IS THERE ANYBODY ELSE WHO'D LIKE TO SPEAK FOR THE MOTION? ANYONE WHO'D LIKE TO SPEAK AGAINST THE MOTION? ANYBODY ELSE WHO'D LIKE TO SPEAK ON THE MOTION? UH, I WILL SPEAK, UH, FOR THE MOTION.
UM, AND, UH, I WANT TO ECHO SOMETHING THAT MR. HAYES SAID THAT YOU KNOW ABOUT THE, THE MANAGEMENT COMPANY.
THE MANAGEMENT COMPANY THAT WE'VE HEARD FROM, UH, REALLY CAN ONLY RELIABLY TESTIFY AS TO THREE MONTHS OF THE ONE YEAR LOOK BACK PERIOD.
AND THEN, UH, YOU KNOW, OBVIOUSLY THE, HIS, WE ALSO LOOK AT THE HISTORICAL ACTIVITY PRIOR TO THAT.
UH, SO EVEN ACCEPTING THAT THIS MANAGEMENT COMPANY IS TAKING ACTION, UH, WE HEARD THAT PRIOR TO THIS MANAGEMENT COMPANY COMING IN AND TELLING THE OWNER WHAT WAS GOING ON, THE OWNER WAS ACTUALLY COMPLETELY IGNORANT ABOUT WHAT WAS GOING ON ON THE PROPERTY.
SO I, I DEFINITELY CAN'T SAY THAT THEY'VE REBUTTED THE, UH, PRESUMPTION THAT THEY WERE TOLERATING CRIMINAL ACTIVITY.
UM, WE'VE ALSO HEARD, UH, YOU KNOW, POTENTIALLY GOOD POLICY ARGUMENTS ABOUT THE ORDINANCE AND WHY IT SHOULDN'T BE THE WAY IT IS OR WHY IT SHOULDN'T BE APPLIED THE WAY IT IS.
AND, UM, THE, THOSE MAY BE GOOD ARGUMENTS, BUT WE'RE DUTY BOUND TO APPLY THE ORDINANCE THAT THE CITY COUNCIL, UH, WROTE.
AND I NOTE THAT THE CITY COUNCIL HAS NOT CHANGED THIS ORDINANCE.
UM, SO, YOU KNOW, I CONCLUDE THAT IT DOES EMBODY THE, THE POLICY OF THE CITY.
UM, I ALSO NOTE THAT THE APPELLANT DIDN'T REALLY CHALLENGE THE FACT THAT THERE HAVE BEEN FIVE DEBATABLE, UH, CRIMINAL OFFENSES, UM, OTHER THAN, THAN CHALLENGING THE DEFINITION.
UM, WHICH I, I DON'T THINK IS A, A VIABLE ARGUMENT.
UM, AND IT, IT, I DON'T THINK IT'S ANY DEFENSE THAT, YOU KNOW, THE, THE, THESE OFFENSES MERELY CONSTITUTE A PUBLIC NUISANCE AND, AND NOT NECESSARILY A HABITUAL CRIMINAL PROPERTY.
SO, UM, LOOKING AT THE, THE TOTALITY OF THE TESTIMONY AND THE EVIDENCE THAT WE'VE HEARD, UM, THERE'S STILL NO CONTROLLED ACCESS, UH, NO APPLICATION HAS BEEN MADE, UH, TO GET THE CONTROLLED ACCESS IN PLACE TO GET A PERMIT FOR THAT.
THERE'S, YOU KNOW, WHEN, WHEN THIS PROPERTY MANAGEMENT COMPANY TOOK OVER, WHICH AGAIN WAS, UH, THREE QUARTERS OF THE WAY THROUGH THE, THE YEAR LOOK BACK, THERE WERE SERIOUS DEFICIENCIES THAT PERHAPS THEY IDENTIFIED.
BUT OUR, UH, OUR, YOU KNOW, UH, WHAT WE'RE LOOKING AT IS INHERENTLY RETROSPECTIVE.
[02:15:01]
SO, UH, IT, IT IS NOT NECESSARILY A QUESTION OF WHAT WAS DONE IN RESPONSE TO, UH, THE ACCORD MEETING.YES, THE CITY, IF THEY SEE SIGNIFICANT PROGRESS IN RESPONSE TO THE LETTER, CAN CHOOSE TO NOT IMPOSE THE, UH, THE DESIGNATION.
UM, BUT I THINK THIS IS A SITUATION WHERE HOPEFULLY A YEAR FROM NOW, UM, SIGNIFICANT PROGRESS HAS BEEN MADE AND IT WILL NO LONGER BE A HABITUAL CRIMINAL PROPERTY.
SO I WILL VOTE IN FAVOR OF UPHOLDING THE CITY'S DECISION.
IS THERE ANY OTHER DISCUSSION? NO.
ALRIGHT, THEN WE WILL PROCEED WITH A VOTE.
THE MOTION BY MR. QUINT IS TO AFFIRM THE DECISION OF THE CHIEF OF POLICE, UH, REGARDING THE NOTICE OF FINAL DETERMINATION AS A HABITUAL CRIMINAL PROPERTY FOR CHEROKEE VILLAGE APARTMENTS.
PLEASE EVERYBODY TURN ON YOUR CAMERAS AND YOUR MICROPHONES FOR VOTING.
UH, THE MOTION PASSES UNANIMOUSLY.
UM, WE DON'T HAVE A NEXT AGENDA ITEM, THEREFORE, THE MEETING IS ADJOURNED AT 11:09 AM THANK YOU VERY MUCH.