TAMPA CITY COUNCIL SPECIAL-CALLED MEETING
MONDAY, FEBRUARY 22, 2021
9:00 A.M.
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09:04:15 >>GUIDO MANISCALCO: GOOD MORNING.
09:04:16 I WOULD LIKE TO CALL THIS SPECIAL-CALLED MEETING TO
09:04:19 ORDER.
09:04:19 INSTEAD OF AN INVOCATION, WE'LL HAVE A MOMENT OF SILENCE
09:04:23 TODAY.
09:04:37 [MOMENT OF SILENCE]
09:04:41 THANK YOU VERY MUCH.
09:04:41 IF YOU COULD JOIN ME IN THE PLEDGE OF ALLEGIANCE.
09:04:44 [PLEDGE OF ALLEGIANCE]
09:04:55 THANK YOU VERY MUCH.
09:04:56 IF WE COULD HAVE ROLL CALL, PLEASE?
09:04:59 >> VIERA?
09:04:59 GUDES?
09:04:59 >>ORLANDO GUDES: HERE.
09:05:00 >>BILL CARLSON: HERE.
09:05:02 >> DINGFELDER?
09:05:03 >>JOHN DINGFELDER: HERE.
09:05:04 >>JOSEPH CITRO: HERE.
09:05:06 >> MIRANDA?
09:05:06 >>CHARLIE MIRANDA: HERE.
09:05:07 >>GUIDO MANISCALCO: HERE.
09:05:08 >>THE CLERK: THERE IS A PHYSICAL QUORUM PRESENT.
09:05:13 THANK YOU.
09:05:14 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
09:05:15 MR. SHELBY, YES, SIR.
09:05:16 >>MARTIN SHELBY: YES, GOOD MORNING, MR. CHAIRMAN AND
09:05:18 MEMBERS OF CITY COUNCIL.
09:05:19 MARTIN SHELBY, CITY COUNCIL ATTORNEY.
09:05:21 TODAY IS FEBRUARY 22, 2021.
09:05:24 AND THIS IS A SPECIAL-CALLED HYBRID MEETING OF THE TAMPA
09:05:29 CITY COUNCIL.
09:05:30 THIS SPECIAL-CALLED MEETING IS RELATING TO THE NOTICE OF
09:05:34 INTENT TO SUSPEND THE SALE OF ALCOHOLIC BEVERAGES
09:05:36 PURSUANT TO SECTION 27-318 OF THE CITY OF TAMPA LAND
09:05:42 DEVELOPMENT CODE.
09:05:43 IT'S BEING HELD DURING THE COVID-19 STATE OF EMERGENCY
09:05:46 AND IS BEING CONDUCTED LIVE WITH AN IN-PERSON QUORUM
09:05:49 PRESENT IN CITY COUNCIL CHAMBERS.
09:05:50 HOWEVER, IN RESPONSE TO THE COVID-19 RESTRICTIONS,
09:05:54 MEMBERS OF THE PUBLIC ARE ENCOURAGED TO PARTICIPATE
09:05:55 VIRTUALLY THROUGH VIDEO TELECONFERENCING, WHICH IS
09:05:58 REFERRED TO BY FLORIDA STATUTE AND RULES AS
09:06:02 COMMUNICATIONS MEDIA TECHNOLOGY.
09:06:03 THIS MEETING IS HELD IN ACCORDANCE WITH THE EMERGENCY
09:06:05 RULES OF PROCEDURE AS ADOPTED BY RESOLUTION 2020-225 AS
09:06:10 AMENDED BY RESOLUTION NUMBER 2020-490.
09:06:13 THE PUBLIC AND THE CITIZENS OF TAMPA ARE ABLE TO WATCH,
09:06:16 LISTEN AND VIEW THIS MEETING ON SPECTRUM CHANNEL 640,
09:06:19 FRONTIER CHANNEL 15, AND ON THE INTERNET AT
09:06:23 TAMPA.GOV/LIVE STREAM.
09:06:28 AND THERE ARE INSTRUCTIONS ON THE CITY COUNCIL'S WEBSITE
09:06:32 AT TAMPA.GOV/CITYCOUNCIL, ONE WORD, FOR WAY TO BE ABLE TO
09:06:38 PARTICIPATE REMOTELY BY PREREGISTERING.
09:06:40 THOSE PEOPLE WHO DON'T HAVE ACCESS OR HAVE NOT
09:06:42 PREREGISTERED CAN USE THE FACILITIES LOCATED ON THE
09:06:46 SECOND FLOOR OF OLD CITY HALL AT 315 EAST KENNEDY
09:06:48 BOULEVARD.
09:06:50 NOW, COUNCIL, THE PUBLIC HAS HAD THE OPPORTUNITY TO
09:06:57 COMMENT AND PRESENT EVIDENCE IF THEY WISH TO IN ADVANCE
09:07:01 OF THE HEARINGS AND WRITTEN COMMENTS THAT HAVE BEEN
09:07:04 E-MAILED OR MAILED HAVE BEEN DISTRIBUTED TO CITY COUNCIL
09:07:07 AND ALSO WILL BE INCLUDED IN THE PERMANENT RECORD OF
09:07:10 TODAY'S MEETING.
09:07:10 ALL PUBLIC COMMENTS TIMELY RECEIVED BY MAIL, E-MAIL, OR
09:07:15 VIA CMT WILL BE AWARDED EQUAL CONSIDERATION AS IF THE
09:07:18 PUBLIC COMMENTS WERE MADE IN PERSON.
09:07:20 THANK YOU, MR. CHAIRMAN.
09:07:20 >>GUIDO MANISCALCO: ALL RIGHT.
09:07:21 THANK YOU VERY MUCH.
09:07:22 MAY I HAVE A MOTION TO OPEN THE 9 A.M. PUBLIC HEARINGS 1
09:07:25 THROUGH 4?
09:07:25 WE HAVE A MOTION FROM COUNCIL MEMBER GUDES.
09:07:27 SECOND FROM COUNCIL MEMBER CARLSON.
09:07:29 ALL IN FAVOR?
09:07:30 AYE.
09:07:31 ANY OPPOSED?
09:07:31 ALL RIGHT.
09:07:32 THANK YOU VERY MUCH.
09:07:35 MS. JOHNSON-VELEZ.
09:07:37 >>SUSAN JOHNSON-VELEZ: THANK YOU, MR. CHAIRMAN, COUNCIL
09:07:39 MEMBERS, SUSAN JOHNSON VELEZ, SENIOR ASSISTANT CITY
09:07:41 ATTORNEY.
09:07:42 MR. CHAIR, IF WE COULD TAKE UP ITEMS 3 AND 4 FIRST, IF WE
09:07:45 COULD.
09:07:47 ON ITEM 3, I SUBMITTED A MEMO TO COUNCIL ON FRIDAY
09:07:50 REQUESTING A CONTINUANCE OF THE HEARING FOR THE RITZ YBOR
09:07:52 AT 1503 EAST SEVENTH AVENUE TO MARCH 8th, YOUR SPECIAL
09:07:57 CALLED MEETING ON MARCH 8th AT 9 A.M.
09:07:59 >>GUIDO MANISCALCO: CAN WE GET A MOTION TO CONTINUE TO
09:08:02 MARCH 8 AT 9 A.M.?
09:08:05 ITEM NUMBER 3.
09:08:06 >>ORLANDO GUDES: ANY PARTICULAR REASON WHY THE
09:08:08 CONTINUANCE?
09:08:09 >>SUSAN JOHNSON-VELEZ: WE'VE HAD SOME DISCUSSIONS WITH
09:08:10 THE RITZ ABOUT POSSIBLY RESOLVING THE ALLEGED VIOLATIONS.
09:08:17 >>ORLANDO GUDES: I'VE BEEN OUT.
09:08:19 I DIDN'T GET THE MEMO.
09:08:20 >>SUSAN JOHNSON-VELEZ: I UNDERSTAND.
09:08:21 >>ORLANDO GUDES: THANK YOU.
09:08:22 >>GUIDO MANISCALCO: WE HAVE A MOTION FROM COUNCILMAN
09:08:23 GUDES, IS THAT CORRECT?
09:08:24 WHO MADE THE MOTION TO CONTINUE?
09:08:26 MOTION FROM COUNCILMAN CARLSON.
09:08:28 SECOND FROM COUNCILMAN GUDES.
09:08:29 ALL IN FAVOR?
09:08:31 ANY OPPOSED?
09:08:31 YES, MA'AM.
09:08:32 >>SUSAN JOHNSON-VELEZ: THANK YOU, MR. CHAIR.
09:08:34 ON ITEM NUMBER 4, I BELIEVE MR. LIROT IS DOWNSTAIRS AND
09:08:39 WOULD LIKE TO MAKE A REQUEST.
09:08:41 >>GUIDO MANISCALCO: DOES HE NEED TO BE SWORN IN FOR THE
09:08:44 CONTINUANCE?
09:08:44 NO.
09:08:45 >>LUKE LIROT: GOOD MORNING, YES.
09:08:46 I ALSO SPOKE WITH THE CITY ATTORNEY'S OFFICE LAST WEEK,
09:08:50 AND WE ARE ALSO HOPING TO ENGAGE IN MEANINGFUL
09:08:52 CONVERSATIONS.
09:08:53 WE REQUESTED A CONTINUANCE FOR THAT REASON AND ALSO
09:08:57 BECAUSE A SECOND NOTICE HAS A HEARING COMING UP ON MARCH
09:09:01 8th AS WELL.
09:09:02 WE'RE HOPING TO CONSOLIDATE THOSE AND MAKE SOME STRONG
09:09:05 STEPS IN THE RIGHT DIRECTION IN THE INTERIM.
09:09:07 SO I WOULD RESPECTFULLY REQUEST THAT THE COUNCIL CONSIDER
09:09:10 AND GRANT OUR CONTINUANCE.
09:09:13 >>GUIDO MANISCALCO: YOUR MICROPHONE.
09:09:15 >>JOSEPH CITRO: THANK YOU VERY MUCH, MR. CHAIR.
09:09:17 NOW YOU CAN HEAR ME.
09:09:18 FILE NUMBER E 2021-8 CHAPTER 27, I MOVE THAT IT BE
09:09:23 CONTINUED TO MARCH 8, 2021.
09:09:27 >>GUIDO MANISCALCO: WE HAVE A MOTION FROM COUNCILMAN
09:09:29 CITRO.
09:09:29 SECOND FROM COUNCILMAN CARLSON.
09:09:31 ALL IN FAVOR?
09:09:31 ANY OPPOSED?
09:09:34 >>MARTIN SHELBY: I'M SORRY.
09:09:36 COUNCILMAN CITRO, DID YOU STATE THE TIME ON THAT?
09:09:38 >>JOSEPH CITRO: 9:00.
09:09:40 >>MARTIN SHELBY: 9 A.M.
09:09:43 >>ORLANDO GUDES: MS. VELEZ, SINCE WE'RE GIVING A
09:09:45 CONTINUANCE FOR ITEM 3 AND ITEM 4, HOW MANY DO WE HAVE ON
09:09:49 THE AGENDA FOR THAT DATE OF MARCH 8th?
09:09:52 MAKE SURE WE'RE NOT OVERLOADED.
09:09:56 >>SUSAN JOHNSON-VELEZ: THERE WILL BE FOUR.
09:09:58 >>ORLANDO GUDES: FOUR.
09:09:59 THANK YOU.
09:10:00 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
09:10:05 >> I KNOW YOU'RE UP THERE ON THE THIRD FLOOR AND WE'RE
09:10:07 DOWN HERE ON THE SECOND.
09:10:09 I WANTED TO, FOR THE RECORD, TELL YOU HOW WONDERFUL A JOB
09:10:11 LISA EDWARDS IS DOING.
09:10:13 SHE'S KEEPING THIS FROM THE CHAOS THAT IT MIGHT OTHERWISE
09:10:16 BE, BUT SHE'S DOING AN EXCELLENT JOB.
09:10:18 I KNOW YOU CAN'T SEE IT, BUT I WANTED YOU TO KNOW THAT.
09:10:21 WE'RE GRATEFUL FOR HER HELP AND YOURS.
09:10:23 THANK YOU FOR THE PRIVILEGE.
09:10:24 >>GUIDO MANISCALCO: YEAH, I'M GRATEFUL FOR LISA EACH AND
09:10:26 EVERY DAY.
09:10:27 SHE'S MY LEGISLATIVE AIDE.
09:10:29 I'M TRULY BLESSED TO HAVE HER WORKING FOR THE CITIZENS
09:10:32 AND FOR US.
09:10:33 SHE REALLY GOES ABOVE AND BEYOND.
09:10:35 I KNOW LISA IS LISTENING.
09:10:36 YOU'RE GREAT.
09:10:37 ALWAYS DOING A GREAT JOB.
09:10:38 THANK YOU VERY MUCH.
09:10:39 >> HEAR, HEAR.
09:10:41 >>GUIDO MANISCALCO: YES, MA'AM.
09:10:42 >>SUSAN JOHNSON-VELEZ: THANK YOU AGAIN, MR. CHAIR.
09:10:44 I'D FIRST LIKE TO MAKE GENERAL REMARKS THAT ARE RELATED
09:10:46 TO BOTH HEARINGS, AND THEN WE WOULD TAKE UP EACH
09:10:49 INDIVIDUAL HEARING AFTER MY GENERAL REMARKS.
09:10:51 >>MARTIN SHELBY: MARTIN SHELBY, CITY COUNCIL ATTORNEY.
09:10:55 I JUST WANTED TO PUT ON THE RECORD, COUNCIL, AND I PUT
09:11:00 THAT BEFORE YOU.
09:11:02 THE ROAD MAP FOR TODAY, JUST SO THAT THE PUBLIC HAS A
09:11:06 SENSE OF WHERE THIS IS GOING.
09:11:07 CERTAINLY, I BELIEVE THESE HAVE BEEN PROVIDED TO THE
09:11:11 RESPONDENTS IN THIS CASE.
09:11:12 YOU'RE GOING TO HEAR GENERAL REMARKS FROM
09:11:15 MS. JOHNSON-VELEZ REGARDING THE PURPOSE OF THE HEARINGS.
09:11:18 THEN COMES THE CITY'S PRESENTATION, FOLLOWED BY CITY
09:11:20 COUNCIL'S QUESTIONING OF CITY WITNESSES IF NEEDED.
09:11:24 THEN THE RESPONDENT WILL HAVE AN OPPORTUNITY, IF
09:11:26 REQUESTED, TO CROSS-EXAMINE THE CITY'S WITNESS.
09:11:29 IF THERE'S A NEED FOR REDIRECT OR CROSS, WE'LL TAKE THAT
09:11:32 UP.
09:11:33 AFTER THAT, THEN COMES THE RESPONDENT'S PRESENTATION.
09:11:36 AND LIKE THE CITY'S PRESENTATION, THAT IS TO BE SET FOR A
09:11:40 TIME UP TO 30 MINUTES UNLESS ADDITIONAL TIME IS REQUESTED
09:11:43 AND DECIDED TO BE FORWARDED TO THEM BY CITY COUNCIL.
09:11:47 FOLLOWING THE RESPONDENT'S PRESENTATION COMES COUNCIL'S
09:11:50 QUESTIONS, CITY COUNCIL'S QUESTIONS OF RESPONDENT'S
09:11:53 WITNESSES, IF NEEDED, FOLLOWED BY THE CITY'S
09:11:56 CROSS-EXAMINATION OF THE RESPONDENT'S WITNESSES IF
09:11:58 REQUESTED.
09:11:59 AGAIN, THERE'S GOING TO BE REDIRECT OR CROSS, IF
09:12:02 NECESSARY AND REQUESTED.
09:12:05 AND THEN, MR. CHAIRMAN AND MEMBERS OF COUNCIL, IF THERE
09:12:07 ARE MEMBERS OF THE PUBLIC FOR THREE MINUTES THAT WISH TO
09:12:10 COMMENT FOR THE CASE BEFORE THE DECISION, THEY WILL HAVE
09:12:13 THAT OPPORTUNITY FOLLOWED BY THE RESPONDENT'S REBUTTAL
09:12:17 AND SUMMATION UP TO A TEN-MINUTE LIMIT UNLESS NECESSARY
09:12:22 TO GRANT MORE.
09:12:23 AND LIKEWISE, WE CLOSE THEN WITH THE CITY'S REBUTTAL AND
09:12:27 SUMMATION UP TO TEN MINUTES BEFORE COUNCIL CLOSES THE
09:12:31 PUBLIC HEARING AND DELIBERATES.
09:12:32 THANK YOU.
09:12:34 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
09:12:34 YES, MA'AM.
09:12:38 >>MARTIN SHELBY: I SEE COUNCIL MEMBER DINGFELDER --
09:12:40 >>GUIDO MANISCALCO: COUNCIL MEMBER DINGFELDER, YOU HAVE
09:12:42 YOUR HAND UP, SIR?
09:12:44 >>JOHN DINGFELDER: YES, GOOD MORNING, MR. CHAIRMAN, CITY
09:12:46 COUNCIL, MR. SHELBY AND SUSAN.
09:12:49 MR. SHELBY, QUICK QUESTION IN REGARD TO THE PROCESS THAT
09:12:52 YOU'VE LAID OUT, HOW ABOUT THE, QUOTE, PENALTY PHASE, IF
09:12:59 ANY OF THESE CASES GET TO A PENALTY PHASE, DO YOU EXPECT
09:13:03 THEM AS A SEPARATE ARGUMENT OR ARE YOU ASSUMING THAT
09:13:06 ARGUMENT IS ROLLED IN?
09:13:08 I'M THINKING MAYBE BOTH SIDES, THREE MINUTES OR FIVE
09:13:16 MINUTES ON THE PENALTY SIDE BECAUSE, CLEARLY, THAT MIGHT
09:13:20 BE A DIFFERENT SET OF ARGUMENTS.
09:13:24 >>MARTIN SHELBY: SIR, THAT IS AN EXCELLENT SUGGESTION,
09:13:26 AND THAT IS SOMETHING THAT WE DID DO LAST THURSDAY.
09:13:30 WE DID BIFURCATE THE HEARING.
09:13:32 AS A MATTER OF FACT, WE'RE GOING TO ASK THAT YOU DO THAT
09:13:34 AGAIN TODAY, TO BIFURCATE THEM, AND YOU'LL GET TO THAT
09:13:37 WHEN YOU REVIEW 27-318.
09:13:41 YES, THERE WOULD HAVE TO BE A FINDING FIRST.
09:13:43 IF IT MOVES TO THE PENALTY PHASE THEN, YES, IT WOULD BE
09:13:46 APPROPRIATE FOR BOTH SIDES TO HAVE THE OPPORTUNITY TO
09:13:49 ADDRESS THE ISSUE.
09:13:50 THANK YOU, SIR.
09:13:51 I WOULD ADD THAT TO THIS LIST, COUNCIL.
09:13:54 OKAY.
09:13:54 THANK YOU.
09:13:55 >>GUIDO MANISCALCO: MS. JOHNSON-VELEZ.
09:13:57 >> THANK YOU, MR. CHAIR.
09:13:58 SUSAN JOHNSON-VELEZ, SENIOR ASSISTANT CITY ATTORNEY.
09:14:01 COUNCIL MEMBERS, LAND DEVELOPMENT CODE SECTION
09:14:04 27-318-C-1-F AS IN FRANK AUTHORIZES CITY COUNCIL AFTER
09:14:10 CONDUCTING A PUBLIC HEARING TO CONSIDER THE SUSPENSION OF
09:14:12 ALCOHOLIC BEVERAGE SALES FOR CAUSE IF COUNCIL FINDS THAT
09:14:15 THE PROPERTY OWNER, HOLDER OF THE ALCOHOLIC BEVERAGE
09:14:19 LICENSE, OPERATOR OF THE ESTABLISHMENT, OR ANY AGENT OR
09:14:22 EMPLOYEE THEREOF HAS FAILED TO COMPLY WITH ANY PROVISIONS
09:14:26 OF THE HEALTH AND SANITATION ORDINANCES OF THE CITY, THE
09:14:29 COUNTY, OR LAWS OF THE STATE AFTER HAVING RECEIVED
09:14:31 REASONABLE NOTICE TO ELIMINATE OR CORRECT THE CONDITION
09:14:34 ON THE PROPERTY.
09:14:35 SO THERE WERE TWO LOCAL EMERGENCY ORDERS WHICH CAN BE
09:14:38 FOUND AT TABS 11 AND 12 OF THE BINDERS THAT YOU HAVE IN
09:14:41 FRONT OF YOU THAT WERE IN EFFECT DURING ALL TIMES
09:14:44 MATERIAL TO THE ALLEGATIONS IN THE NOTICES OF INTENT THAT
09:14:46 YOU WILL BE HEARING THIS MORNING.
09:14:48 THE FIRST WAS EXECUTIVE ORDER 2020-42, ISSUED BY MAYOR
09:14:53 JANE CASTOR ON AUGUST 19, 2020.
09:14:56 IT REQUIRED EVERY PERSON TO WEAR A MASK IN ANY INDOOR
09:14:59 LOCATION OPEN TO THE PUBLIC WHEN NOT MAINTAINING SOCIAL
09:15:05 DISTANCING.
09:15:05 IT ALSO REQUIRED BUSINESS OPERATORS OF AN INDOOR LOCATION
09:15:08 OF A BUSINESS OPEN TO THE PUBLIC IN THE CITY TO MAKE
09:15:11 REASONABLE EFFORTS TO REQUIRE ALL PERSONS WITHIN THEIR
09:15:14 LOCATION TO WEAR A FACE COVERING WHEN NOT MAINTAINING
09:15:17 SOCIAL DISTANCING.
09:15:18 THE ORDER SET OUT FOUR MINIMUM STEPS THAT THE BUSINESS
09:15:21 HAD TO TAKE IN ORDER TO HAVE -- TO HAVE BEEN FOUND TO
09:15:25 MAKE REASONABLE EFFORTS.
09:15:26 THE BUSINESS HAD TO POST SIGNAGE AT ALL OF THEIR PUBLIC
09:15:29 ENTRANCES.
09:15:31 IF THEY HAD A PA SYSTEM, THEY HAD TO ANNOUNCE OVER THE PA
09:15:35 SYSTEM THAT MASKS ARE REQUIRED ON A REGULAR BASIS, THEY
09:15:38 HAD TO MAKE THOSE ANNOUNCEMENTS.
09:15:39 THEN THEY HAD TO REQUIRE ALL EMPLOYEES TO WEAR MASKS.
09:15:42 AND THEN THEY HAD TO MAKE ALL OTHER REASONABLE EFFORTS,
09:15:45 INCLUDING ASKING PATRONS NOT WEARING MASKS OR FACE
09:15:49 COVERINGS TO DO SO.
09:15:51 THE EXECUTIVE ORDERS ISSUED BY HILLSBOROUGH COUNTY WERE
09:15:54 SIMILAR TO THOSE OF THE CITY.
09:15:56 THE MAYORS AND THE COUNTY'S EXECUTIVE ORDERS, WHICH WERE
09:16:00 ISSUED IN RESPONSE TO A DECLARED STATEWIDE PUBLIC HEALTH
09:16:03 EMERGENCY, HAVE THE FORCE AND EFFECT OF LAW AND
09:16:06 EFFECTIVELY CONSTITUTE LOCAL HEALTH AND SANITATION
09:16:08 REGULATIONS.
09:16:09 SO THE FAILURE TO COMPLY WITH ALL APPLICABLE CONDITIONS
09:16:13 OF THE WET ZONING, INCLUDING THESE LOCAL HEALTH AND
09:16:16 SANITATION REGULATIONS, CONSTITUTES A VIOLATION OF
09:16:20 SECTION 27-318-C-1-F.
09:16:24 IT'S IMPORTANT TO NOTE THAT WE'RE HERE TODAY AS A LAST
09:16:27 RESORT.
09:16:27 THE EXPRESSED INTENT OF BOTH ORDERS WAS TO SEEK VOLUNTARY
09:16:31 COMPLIANCE WITH THE PROVISIONS AND TO EDUCATE AND WARN OF
09:16:33 THE DANGERS OF NONCOMPLIANCE.
09:16:35 IN THE EVENT THAT VOLUNTARY COMPLIANCE WAS NOT ACHIEVED,
09:16:39 THEN ENFORCEMENT WAS TO BE UNDERTAKEN AS A LAST RESORT.
09:16:43 SO THE FOCUS OF TODAY'S HEARINGS IS ON EACH
09:16:47 ESTABLISHMENT'S EFFORT, OR LACK OF EFFORT, TO REQUIRE ALL
09:16:50 PERSONS WITHIN THEIR ESTABLISHMENTS TO WEAR A FACE
09:16:54 COVERING WHEN NOT MAINTAINING SOCIAL DISTANCING.
09:16:56 IT'S RELATIVELY EASY TO POST A SIGN.
09:16:58 IT'S RELATIVELY EASY TO PUT A BASKET OF MASKS OUT IN THE
09:17:02 FRONT OF YOUR ESTABLISHMENT AT ALL THE ENTRANCES.
09:17:04 AND IT MAY BE IF YOU HAVE A PA SYSTEM TO MAKE
09:17:07 ANNOUNCEMENTS OVER THE PA SYSTEM.
09:17:08 BUT WHAT OTHER EFFORTS WERE UNDERTAKEN BY EACH OF THESE
09:17:12 ESTABLISHMENTS?
09:17:12 IN FACT, WERE ANY OTHER EFFORTS TAKEN?
09:17:16 THAT'S THE CONCLUSION OF MY GENERAL REMARKS.
09:17:20 IF WE COULD GO NOW TO ITEM NUMBER 1 ON THE AGENDA, THE
09:17:26 7th AND GROVE NOTICE OF INTENT.
09:17:28 THIS IS A NOTICE OF INTENT FOR 7th GROVE RESTAURANT AND
09:17:31 BAR LOCATED AT 1930 EAST SEVENTH AVENUE.
09:17:34 THE CIRCUMSTANCES GIVING RISE TO THESE PROCEEDINGS
09:17:37 OCCURRED ON DECEMBER 19, 2020 AND JANUARY 10, 2021 AND
09:17:41 ARE DETAILED IN THE NOTICE OF INTENT DATED JANUARY 13,
09:17:45 2021, WHICH CAN BE FOUND AT TAB 1 OF YOUR MATERIALS.
09:17:49 THE CITY WILL PRESENT EVIDENCE AND TESTIMONY THAT 7th
09:17:52 AND GROVE RECEIVED INFORMATION AND EDUCATION ON MASK
09:17:56 REQUIREMENTS THAT 7th AND GROVE RECEIVED WARNINGS FOR
09:17:59 NONCOMPLIANCE, AND THAT AFTER RECEIVING SUCH WARNINGS,
09:18:03 EMPLOYEES WERE OBSERVED NOT WEARING FACE COVERINGS WHEN
09:18:06 NOT SOCIAL DISTANCING AND PATRONS WERE WITHOUT FACE
09:18:09 COVERINGS WHILE CONGREGATING AROUND THE BAR AND OTHER
09:18:12 OPEN AREAS.
09:18:13 PATRONS WERE AGAIN WITHOUT FACE COVERINGS WHILE
09:18:15 CONGREGATING AT THE BAR AND OPEN AREAS ON THE JANUARY 10,
09:18:19 2021 DATE.
09:18:20 I WOULD NOW ASK CAMARIA PETTIS-MACKLE TO COME FORWARD FOR
09:18:24 PRESENTATION OF THE INSPECTOR'S TESTIMONY.
09:18:27 I APOLOGIZE.
09:18:39 THAT WAS ITEM 2.
09:18:40 7th AND GROVE.
09:18:42 I APOLOGIZE FOR TAKING THEM OUT OF ORDER.
09:18:50 >>MARTIN SHELBY: WHAT WERE YOUR FACTS APPLICABLE TO?
09:18:52 NUMBER 2?
09:18:57 >>SUSAN JOHNSON-VELEZ: THE GENERAL COMMENTS WERE
09:18:59 APPLICABLE WITH BOTH.
09:19:00 >>GUIDO MANISCALCO: OKAY.
09:19:01 THEN WE START WITH 1 IN ORDER.
09:19:07 >>SUSAN JOHNSON-VELEZ: THE FIRST ITEM IS FOR PURPLE
09:19:10 HEART.
09:19:13 THE VIOLATIONS AT PURPLE HEART OCCURRED ON DECEMBER 18,
09:19:21 2020, AND JANUARY 8th, 2021 AND ARE DETAILED IN THE
09:19:25 NOTICE OF INTENT DATED JANUARY 13th, 2021, WHICH AGAIN
09:19:28 IS BEHIND TAB 1.
09:19:29 PURPLE HEART RECEIVED WARNING FOR NONCOMPLIANCE, AND
09:19:33 AFTER RECEIVING SUCH WARNINGS, THEIR EMPLOYEES WERE
09:19:36 OBSERVED NOT WEARING FACE COVERINGS WHEN NOT SOCIAL
09:19:39 DISTANCING.
09:19:40 THAT WAS ON DECEMBER 18 OF 2020.
09:19:41 THE EMPLOYEES WERE AGAIN OBSERVED NOT WEARING FACE
09:19:44 COVERINGS AND PATRONS WERE STANDING, NOT SEATED AT THE
09:19:47 BAR AND CONGREGATING IN OPEN SPACES WHILE NOT WEARING
09:19:50 FACE COVERINGS ON JANUARY 8th OF 2021.
09:19:54 I WOULD NOW ASK CAMARIA PETTIS-MACKLE TO COME FORWARD FOR
09:19:58 PRESENTATION OF THE TESTIMONY AND EVIDENCE.
09:20:07 >>JOHN DINGFELDER: MR. CHAIRMAN?
09:20:08 >>GUIDO MANISCALCO: YES.
09:20:09 >>JOHN DINGFELDER: JUST AS A POINT OF ORDER.
09:20:13 IF SOME OF THE WITNESSES ARE UP IN THE LEGAL CONFERENCE
09:20:18 ROOM, WHICH LOOKS LIKE THEY MIGHT BE, WHEN THEY COME TO
09:20:22 SPEAK, IF THEY COULD COME EACH ONE, OBVIOUSLY, I WANT
09:20:26 THEM TO STAY SIX FOOT APART, BUT WHEN THEY COME UP TO
09:20:31 SPEAK OR TESTIFY, IF THEY COULD COME CLOSER TO THE CAMERA
09:20:34 AS OPPOSED TO STAYING BACK ON THE CONFERENCE TABLE THAT
09:20:37 WOULD BE HELPFUL.
09:20:38 IT'S A BIG WIDE SHOT AS EVERYBODY CAN SEE AND IT'S A
09:20:42 LITTLE HARD TO SEE. THAT WOULD BE A REQUEST.
09:20:44 >>GUIDO MANISCALCO: WAS EVERYBODY SWORN IN?
09:20:46 LET'S SWEAR EVERYBODY IN ALL AT ONCE IN THE CONFERENCE
09:20:50 ROOM AND HERE, IF YOU COULD RAISE YOUR RIGHT HAND.
09:20:55 >>MARTIN SHELBY: MR. CHAIRMAN, IF WE COULD HAVE EVERYBODY
09:20:58 SO THEY CAN BE SEEN.
09:21:10 >>GUIDO MANISCALCO: RAISE YOUR RIGHT HAND AND WE'LL SWEAR
09:21:13 YOU IN IF YOU'RE GOING TO SPEAK.
09:21:14 >>THE CLERK: DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH,
09:21:17 THE WHOLE TRUTH AND NOTHING BUT THE TRUTH?
09:21:20 >> YES, I DO.
09:21:21 >>THE CLERK: THANK YOU.
09:21:23 >>GUIDO MANISCALCO: ALL RIGHT.
09:21:24 >>CAMARIA PETTIS-MACKLE: GOOD MORNING.
09:21:27 CAMARIA PETTIS-MACKLE FROM THE CITY ATTORNEY'S OFFICE.
09:21:29 I'D LIKE TO FIRST CALL AS A WITNESS INSPECTOR CHRIS
09:21:32 FREEDMAN.
09:21:34 >>GUIDO MANISCALCO: ARE YOU THE GENTLEMAN UP FRONT, SIR?
09:21:38 VERY GOOD.
09:21:38 >>CAMARIA PETTIS-MACKLE: CAN YOU PLEASE INTRODUCE
09:21:41 YOURSELF TO CITY COUNCIL?
09:21:43 >> MY NAME IS CHRIS FREEMAN.
09:21:45 I WORK FOR THE CITY OF TAMPA IN THE CODE ENFORCEMENT
09:21:47 DEPARTMENT.
09:21:49 >>CAMARIA PETTIS-MACKLE: INSPECTOR FREEMAN, I'D LIKE TO
09:21:51 DRAW YOUR ATTENTION TO DECEMBER 18 OF 2020.
09:21:53 WERE YOU WORKING ON DECEMBER 18, 2020?
09:21:58 >> YES, MA'AM.
09:21:59 >>CAMARIA PETTIS-MACKLE: CAN YOU DESCRIBE TO CITY
09:22:01 COUNCIL, DID YOU RESPOND ON THAT DATE TO AN ADDRESS
09:22:04 LOCATED AT 1811 NORTH 15th STREET, ALSO KNOWN AS PURPLE
09:22:08 HEART BAR LOUNGE?
09:22:10 >> YES, MA'AM.
09:22:10 >>CAMARIA PETTIS-MACKLE: WHAT WERE YOUR OBSERVATIONS THAT
09:22:13 YOU HAD WHEN YOU RESPONDED ON DECEMBER 18 OF 2020?
09:22:19 >> OKAY.
09:22:19 THE BAR IS NOT A LARGE BAR.
09:22:22 PROBABLY THE SIZE -- DOUBLE SIZE OF THIS CONFERENCE ROOM.
09:22:25 IMMEDIATELY WHEN YOU WALK IN, I OBSERVED PATRONS STANDING
09:22:30 WITHOUT WEARING MASKS.
09:22:31 I SAW EMPLOYEE STANDING -- TWO EMPLOYEES STANDING WITHOUT
09:22:36 MASKS.
09:22:36 WHEN I WENT TO TAKE MY PICTURE, THEY QUICKLY PUT THEIR
09:22:39 MASK ON.
09:22:40 PROBABLY 80% OF THE PEOPLE THERE WERE WEARING THEIR MASK.
09:22:46 >>CAMARIA PETTIS-MACKLE: WHEN YOU MADE YOUR OBSERVATIONS,
09:22:47 INSPECTOR FREEMAN, WHAT DID YOU DO AS A RESULT OF THE
09:22:51 OBSERVATIONS YOU MADE?
09:22:56 >> WE MET WITH THE MANAGEMENT.
09:23:00 ISSUED A CITATION FOR THE FACT THAT THEY DIDN'T HAVE
09:23:03 PROPER SIGNAGE WHICH IS REQUIRED UNDER THE ORDER AND FOR
09:23:08 EMPLOYEES AND PATRONS NOT WEARING MASKS.
09:23:10 >>CAMARIA PETTIS-MACKLE: I JUST WANT TO ELABORATE MORE ON
09:23:12 WHAT YOU JUST SAID.
09:23:13 YOU TESTIFIED THAT YOU DID NOT SEE THE PROPER SIGNAGE
09:23:17 REGARDING THE FACE MASK REQUIREMENT AT THE ESTABLISHMENT?
09:23:20 >> YES, MA'AM, THAT'S CORRECT.
09:23:22 >>CAMARIA PETTIS-MACKLE: YOU MENTIONED IT AFTER YOU MADE
09:23:25 YOUR OBSERVATIONS, YOU GAVE A CITATION.
09:23:28 DID YOU SPEAK WITH THE SUPERVISOR OR A MANAGER AT THE
09:23:31 TIME THAT YOU ISSUED THE CITATION?
09:23:35 >> YES, MA'AM.
09:23:36 WE MET JUST OUTSIDE THE DOORS, AND WE REITERATED WHAT'S
09:23:41 REQUIRED UNDER THE ORDER.
09:23:43 WE DID GIVE THEM SIGNAGE, AND WE ALSO GAVE THEM SEVERAL
09:23:47 QUANTITIES OF MASKS.
09:23:50 >>CAMARIA PETTIS-MACKLE: WHILE YOU WERE INSIDE THE
09:23:52 ESTABLISHMENT ON DECEMBER 18, DID YOU HEAR ANY MONUMENTS
09:23:55 ON THE PA SYSTEM IF THEY HAD ANYTHING OR LOUD
09:23:58 ANNOUNCEMENTS FROM STAFF REGARDING THE REQUIREMENT TO PUT
09:24:00 ON FACE MASKS FOR THE PATRONS?
09:24:05 >> NO, MA'AM.
09:24:06 >>CAMARIA PETTIS-MACKLE: DID YOU SEE ANY OF THE STAFF
09:24:07 MEMBERS WALK AROUND THE ESTABLISHMENT ON DECEMBER 18th
09:24:11 TO TELL PEOPLE TO PUT ON MASKS IF THEY WEREN'T WEARING
09:24:14 ANY?
09:24:15 >> NO, MA'AM.
09:24:16 >>CAMARIA PETTIS-MACKLE: DID YOU SEE ANY PATRONS WHO WERE
09:24:19 NOT WEARING MASKS BE REMOVED BY SECURITY OF THE
09:24:22 ESTABLISHMENT?
09:24:24 >> NO, MA'AM.
09:24:26 >>CAMARIA PETTIS-MACKLE: NEXT, I'D LIKE TO CALL FROM THE
09:24:29 CITY INSPECTOR BARBARA RILEY.
09:24:42 >>ORLANDO GUDES: ARE WE GOING TO HEAR FROM ALL THE CITY
09:24:44 WITNESSES FIRST BEFORE WE ASK QUESTIONS OR INTERJECT ON
09:24:47 EACH WITNESS IF WE HAVE QUESTIONS?
09:24:49 >>GUIDO MANISCALCO: TO KEEP IT SMOOTH, WE SHOULD LISTEN
09:24:51 TO EVERYBODY.
09:24:52 IT'S ONLY TWO OFFICERS.
09:24:54 >>CAMARIA PETTIS-MACKLE: MAY I PROCEED?
09:24:55 >>GUIDO MANISCALCO: YES, MA'AM.
09:24:56 >>CAMARIA PETTIS-MACKLE: INSPECTOR RILEY, CAN YOU PLEASE
09:24:59 INTRODUCE YOURSELF FOR THE RECORD.
09:25:01 >> BARBARA RILEY.
09:25:01 I'M A CERTIFIED CODE INSPECTOR FOR CITY OF TAMPA.
09:25:05 >>CAMARIA PETTIS-MACKLE: INSPECTOR RILEY, ON JANUARY 8,
09:25:09 2020, WERE YOU WORKING ON THAT DAY?
09:25:11 >> YES.
09:25:12 >>CAMARIA PETTIS-MACKLE: I'D LIKE TO DRAW YOUR ATTENTION,
09:25:15 DID YOU RESPOND TO THE PROPERTY LOCATED AT 1811 NORTH
09:25:18 15th STREET ALSO KNOWN AS PURPLE HEART LOUNGE?
09:25:24 >> YES, MA'AM.
09:25:24 >>CAMARIA PETTIS-MACKLE: WHAT DID YOU, IF ANY,
09:25:26 OBSERVATIONS DID YOU MAKE WHEN YOU RESPONDED TO THE
09:25:28 PURPLE HEART LOUNGE ON JANUARY 8 OF 2021?
09:25:33 >> WHEN WE ENTERED THE ESTABLISHMENT, WE OBSERVED PATRONS
09:25:38 WITHOUT -- NOT WEARING MASKS, CONGREGATING AROUND THE
09:25:42 BAR, AND EMPLOYEES NOT WEARING MASKS.
09:25:44 >>CAMARIA PETTIS-MACKLE: I'D LIKE TO DRAW YOUR ATTENTION
09:25:46 TO PHOTOGRAPHS.
09:25:52 THIS IS DATED, FOR THE RECORD, JANUARY 8 OF 2021.
09:25:56 DO YOU RECOGNIZE THAT PHOTOGRAPH OR DOES THAT FAIRLY AND
09:25:59 ACCURATELY REPRESENT YOUR OBSERVATIONS THAT YOU MADE ON
09:26:01 JANUARY 8th?
09:26:05 >> WE CANNOT SEE THE PHOTOGRAPH.
09:26:10 >> WE CANNOT SEE THE PHOTOGRAPH.
09:26:11 WE CAN SEE IT NOW.
09:26:16 YES, I DO.
09:26:20 THAT WAS A PHOTO TAKEN JANUARY 8.
09:26:23 >>CAMARIA PETTIS-MACKLE: ALSO, FOR THE RECORD, ANOTHER
09:26:24 PHOTOGRAPH DATED JANUARY 8, 2021.
09:26:27 CAN YOU DESCRIBE TO CITY COUNCIL, EVEN THOUGH --
09:26:33 >> THERE ARE SEVERAL PEOPLE STANDING AROUND THE BAR.
09:26:36 IT WAS VERY CONGREGATED INSIDE.
09:26:39 THEY WERE NOT WEARING MASKS.
09:26:42 >>CAMARIA PETTIS-MACKLE: INSPECTOR RILEY, AFTER YOU MADE
09:26:44 YOUR OBSERVATIONS, WHAT DID YOU DO?
09:26:48 >> A CITATION WAS ISSUED AND IT WAS GIVEN TO THE BAR
09:26:53 MANAGER.
09:26:53 >>CAMARIA PETTIS-MACKLE: ON JANUARY 8 OF 2021, DID YOU
09:26:57 SEE ANY SIGNAGE POSTED ON THE PROPERTY?
09:27:00 >> I DO NOT RECALL, MA'AM.
09:27:03 >>CAMARIA PETTIS-MACKLE: DID YOU HEAR ANY ANNOUNCEMENTS
09:27:05 THROUGHOUT THE ESTABLISHMENT FOR THE REQUIREMENT OF
09:27:07 PATRONS TO WEAR A FACE MASK?
09:27:10 >> NO, MA'AM.
09:27:13 >>CAMARIA PETTIS-MACKLE: DID YOU SEE ANY STAFF MEMBERS
09:27:19 WALKING AROUND HANDING OUT MASKS TO THOSE INDIVIDUALS NOT
09:27:23 WEARING ANY?
09:27:25 >> NO, MA'AM.
09:27:26 >>CAMARIA PETTIS-MACKLE: WHILE YOU WERE AT THE LOCATION
09:27:27 ON JANUARY 8 OF 2021, DID YOU OBSERVE ANY SECURITY REMOVE
09:27:32 THE PATRONS WHO WERE NOT WEARING FACE MASKS?
09:27:35 >> NO, MA'AM.
09:27:41 >>CAMARIA PETTIS-MACKLE: I HAVE NO FURTHER QUESTIONS FOR
09:27:42 THE WITNESSES.
09:27:43 >>GUIDO MANISCALCO: DO WE HAVE ANY OTHER CODE OFFICERS OR
09:27:46 THOSE ARE THE TWO?
09:27:47 >>CAMARIA PETTIS-MACKLE: JUST THOSE TWO FOR THAT.
09:27:48 >>GUIDO MANISCALCO: COUNCILMAN GUDES.
09:27:52 >>ORLANDO GUDES: THANK YOU, MR. CHAIR.
09:27:53 MR. FREEMAN, WHAT ARE THE POLICIES WHEN YOU COME ON A
09:28:01 SCENE AT A BAR, WHAT IS THE PROTOCOL?
09:28:09 >> AT THIS POINT, WE WERE GOING STRAIGHT TO ISSUING
09:28:12 CITATION BECAUSE WE HAD BEEN AT THE ESTABLISHMENTS
09:28:15 MULTIPLE, MULTIPLE TIMES TRYING TO EDUCATE THEM.
09:28:18 IN THE PROCESS OF TRYING TO EDUCATE, WE LET THEM KNOW
09:28:21 THIS DAY WAS COMING, THAT CITATIONS WERE GOING TO START
09:28:24 BEING ISSUED.
09:28:25 SO ONCE WE GOT TO THAT POINT, SIR, WHERE WE'RE NOT
09:28:30 GETTING COMPLIANCE WITH THE ORDER, WE STARTED ISSUING
09:28:33 CITATIONS IMMEDIATE TO THE INCIDENT.
09:28:36 >>ORLANDO GUDES: MULTIPLE TIMES AT THE SCENE, MULTIPLE
09:28:40 CHANCES TO CORRECT BEHAVIOR.
09:28:42 NOW, AFTER ISSUING A CITATION, IS THERE A POLICY OR
09:28:48 BEFORE YOU LEAVE, THAT THE ESTABLISHMENT MAKE AN
09:28:51 ANNOUNCEMENT TO THE PATRONS OR SECURITY ALERTED TO HAVE
09:28:57 THE DEEJAY STOP WHERE AN ANNOUNCEMENT IS MADE.
09:29:01 WHAT IS THE PROTOCOL AFTER YOU GIVE THE CITATIONS TO THE
09:29:03 BUSINESS OWNER OR THE MANAGEMENT?
09:29:05 >> OKAY.
09:29:06 SO IN THIS PARTICULAR SCENARIO, WHEN WE WALKED IN, THE
09:29:12 MAJORITY OF THE PEOPLE ARE VERY AWARE OF THE ORDER.
09:29:14 THEY ARE JUST NOT FOLLOWING IT.
09:29:16 IF WE WALK IN AND START TAKING PHOTOGRAPHS, ESPECIALLY
09:29:20 THE MANAGEMENT OR THE STAFF WORKING THERE, THEY
09:29:23 IMMEDIATELY START TO PUT THEIR MASK ON AT THAT POINT.
09:29:29 >>ORLANDO GUDES: THANK YOU, SIR.
09:29:31 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER.
09:29:34 COUNCILMAN DINGFELDER.
09:29:38 YES, SIR.
09:29:40 >>JOHN DINGFELDER: YES, SIR.
09:29:42 INSPECTOR, CAN YOU GIVE US A LITTLE MORE DETAIL AS
09:29:47 RELATED TO THIS PARTICULAR CLUB, PURPLE HEART.
09:29:52 YOU TESTIFIED THAT YOU WERE THERE ON DECEMBER 18th OF
09:29:57 2020 AND ACTUALLY ISSUED THE SUBJECT CITATION.
09:30:05 WERE YOU SPECIFICALLY -- HAD YOU SPECIFICALLY BEEN AT
09:30:08 THIS CLUB PREVIOUSLY GIVING TRAINING AND DOING WARNINGS,
09:30:14 THIS CLUB?
09:30:16 >> AT THIS CLUB, I CANNOT GIVE YOU A DEFINITE ANSWER OF
09:30:19 YES OR NO.
09:30:20 I WOULD HAVE TO REVERT TO A SPREADSHEET.
09:30:25 I JUST DON'T HAVE THAT IN MY PRESENCE.
09:30:28 I CANNOT GIVE YOU A DEFINITIVE ANSWER THAT I'VE BEEN
09:30:33 THERE BEFORE.
09:30:34 >>JOHN DINGFELDER: THAT'S SOMETHING THAT YOU CAN COME UP
09:30:36 WITH ON YOUR COMPUTER FAIRLY EASILY?
09:30:45 >> THE DEPARTMENT I WORK FOR SHOULD HAVE THE INFORMATION.
09:30:48 IT'S GIVEN NIGHTLY.
09:30:53 >>JOHN DINGFELDER: AS RELATED TO THIS HEARING, IS THAT
09:30:56 SOMETHING YOU CAN COME UP WITH WITHIN THE NEXT 10, 15
09:31:00 MINUTES WHILE WE MOVE ON?
09:31:04 >> SIR, I WOULD HAVE TO START MAKING PHONE CALLS.
09:31:12 >>JOHN DINGFELDER: ALL RIGHT.
09:31:13 THE SAME QUESTION TO THE YOUNG LADY INSPECTOR.
09:31:28 >> I KNOW THEY WERE EDUCATED BECAUSE WE HAD WRITTEN THEM
09:31:30 A CITATION ON DECEMBER 18.
09:31:32 WHEN WE WENT BACK, THEY HAD ALREADY BEEN EDUCATED.
09:31:35 >>JOHN DINGFELDER: MY QUESTION IS, AT ANY TIME PRIOR TO
09:31:38 JANUARY 8th, 2021, HAD YOU PERSONALLY BEEN INVOLVED AT
09:31:47 THE PURPLE HEART IN TERMS OF EDUCATING?
09:31:51 >> YES, SIR.
09:31:53 >>JOHN DINGFELDER: YOU HAD.
09:31:54 >> YES.
09:31:57 >>JOHN DINGFELDER: CAN YOU RECOLLECT ANY OF THE SPECIFICS
09:32:01 OF THE EDUCATION OR WARNINGS PRIOR TO JANUARY 8?
09:32:05 >> PRIOR TO JANUARY 8, WE WERE THERE ON DECEMBER 18 WHEN
09:32:07 WE ISSUED THE FIRST CITATION.
09:32:09 THEY WERE WELL AWARE OF THE CRITERIA AND THE EXECUTIVE
09:32:13 ORDER.
09:32:14 >>JOHN DINGFELDER: WERE YOU THERE ON DECEMBER 18th?
09:32:17 >> YES, I WAS.
09:32:19 >>JOHN DINGFELDER: THAT WAS MY QUESTION.
09:32:20 ALL RIGHT.
09:32:21 THANK YOU SO MUCH.
09:32:21 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
09:32:22 REAL QUICK, TO THE OFFICERS, DID YOU SEE A DIFFERENCE
09:32:28 FROM DECEMBER 18th 2020, TO JANUARY 8th, 2021?
09:32:33 DID THEY COME INTO ANY TYPE OF COMPLIANCE, MAKE ANY
09:32:36 EFFORTS?
09:32:37 BECAUSE THE PICTURES I SEE HERE IN THE PACKET I BELIEVE
09:32:42 THE EVIDENCE PHOTOS ARE FROM JANUARY 8th, SO YOU'VE
09:32:48 ALREADY VISITED AT THIS POINT.
09:32:50 DID YOU SEE ANY DIFFERENCE, EMPLOYEES BEHIND THE BARS
09:32:53 START WEARING MASKS?
09:32:55 ANYTHING?
09:32:56 DID THEY MAKE ANY KIND OF EFFORT FROM THE FIRST TO THE
09:32:59 SECOND CITATION I'M ASKING.
09:33:01 >> WHETHER OR NOT THEY MADE AN EFFORT, I DON'T KNOW, BUT
09:33:05 THEY WERE DEFINITELY IN VIOLATION AGAIN.
09:33:08 >>GUIDO MANISCALCO: BECAUSE I'M LOOKING HERE AT THE PHOTO
09:33:10 FROM DECEMBER 18th, AND IT SHOWS ONE OF THE BARTENDERS
09:33:14 WITHOUT A MASK.
09:33:16 ANOTHER EMPLOYEE BEHIND THE -- IN THE KITCHEN WITHOUT A
09:33:19 MASK OR THE MASK PULLED DOWN --
09:33:22 >>CAMARIA PETTIS-MACKLE: EXCUSE ME, MR. CHAIR.
09:33:24 JUST FOR CLARIFICATION.
09:33:26 CAMARIA PETTIS-MACKLE, FOR THE RECORD, THE PHOTOGRAPHS
09:33:27 THAT ARE IN SECTION 6 OF YOUR BINDER ON DECEMBER 18th,
09:33:32 WE HAD JUST LEARNED ARE NOT FOR THIS ESTABLISHMENT.
09:33:35 THAT'S WHY I DID NOT SHOW THEM.
09:33:37 WE HAD JUST LEARNED THAT.
09:33:38 THAT'S WHY I DID NOT PUT IT ON THE WOLF, BUT THE
09:33:45 PHOTOGRAPHS FOR JANUARY 8, 2021, ARE THE CORRECT
09:33:48 PHOTOGRAPHS THAT ARE IN YOUR BINDER, SECTION 6, THAT I
09:33:51 ALSO DISPLAYED ON THE WOLF.
09:33:55 JUST TO CLARIFY FOR THE RECORD, INSPECTOR FREEMAN DID
09:33:58 TESTIFY THAT THE EDUCATION COMPONENT WAS RECEIVED TO --
09:34:03 WAS GIVEN TO THE ESTABLISHMENT ON DECEMBER 18th OF
09:34:06 2020.
09:34:07 I JUST WANT TO CLARIFY THAT FOR THE RECORD.
09:34:08 THERE SEEMS TO BE SOME CONFUSION ON THAT.
09:34:11 >>ORLANDO GUDES: HE MADE A STATEMENT THAT EDUCATION WAS
09:34:13 GIVEN NUMEROUS TIMES BEFORE THE 18th.
09:34:16 IN RELATION TO MR. DINGFELDER'S QUESTION, THERE SHOULD BE
09:34:19 -- ANYTIME AN OFFICER GOES ON THE SCENE, THERE SHOULD BE
09:34:22 A LOG, SOMETHING PUT IN A COMPUTER AUTOMATICALLY HOW MANY
09:34:25 TIMES WE'VE BEEN THERE.
09:34:26 WE SHOULD BE ABLE TO GET -- IF CODE IS USING THAT SYSTEM,
09:34:34 POLICE DEPARTMENT DOES TO BE ABLE TO CLICK HOW MANY TIMES
09:34:36 WE WENT TO THE ESTABLISHMENT.
09:34:38 >>CAMARIA PETTIS-MACKLE: RESPECTFULLY, COUNCILMAN GUDES,
09:34:41 CODE ENFORCEMENT OPERATES IN A DIFFERENT SYSTEM FROM
09:34:44 TAMPA POLICE DEPARTMENT.
09:34:45 THEY HAVE MULTIPLE SPREADSHEETS ON THEIR ENFORCEMENT
09:34:49 EFFORTS.
09:34:49 AGAIN, THE CITY'S POSITION IS THAT THE ESTABLISHMENT
09:34:53 RECEIVED THE EDUCATION COMPONENT ON BOTH DATES, FIRST,
09:34:57 PRIMARILY BEGINNING DECEMBER 18, 2020, AND JANUARY 8th
09:35:02 OF 2021.
09:35:03 >>ORLANDO GUDES: AT THAT TIME, WERE WE AT 100%?
09:35:06 >>CAMARIA PETTIS-MACKLE: IT WAS AT 100%, BUT AS WE'VE
09:35:09 PRESENTED AT PREVIOUS HEARINGS, THEY STILL HAVE TO COMPLY
09:35:13 WITH THE ORDERS OF THE COUNTY AND WITH THE CITY.
09:35:16 REGARDING SOCIAL DISTANCING AND FACE MASK REQUIREMENTS.
09:35:21 >>ORLANDO GUDES: THANK YOU.
09:35:22 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER.
09:35:25 >>JOHN DINGFELDER: LET'S JUST CLARIFY FOR THE SO THE
09:35:30 RECORD IS TOTALLY CLEAR, COUNSEL.
09:35:33 IN REGARD TO THOSE PHOTOGRAPHS, WHICH ONES -- BECAUSE I'M
09:35:37 SURE ALL OF US LOOKED AT THEM -- WHICH ONES ARE WE
09:35:40 SUPPOSED TO DISREGARD AS NOT BEING THIS ESTABLISHMENT?
09:35:44 I THINK THE DATES -- THE DATES APPEAR TO BE ON THE
09:35:48 PHOTOGRAPHS, BUT YOU ARE SAYING IT WAS THE WRONG
09:35:50 ESTABLISHMENT.
09:35:50 WHICH ONE?
09:35:51 >>CAMARIA PETTIS-MACKLE: CITY ATTORNEY'S OFFICE.
09:35:53 JUST TO CLARIFY AGAIN, IT'S THE PHOTOGRAPH DATED DECEMBER
09:35:56 18th IN SECTION 6 OF THE BINDER ARE NOT THE CORRECT
09:36:01 PHOTOGRAPHS FOR THAT ESTABLISHMENT.
09:36:04 AND IF I MAY, SINCE I STILL HAVE TIME ON MY PRESENTATION,
09:36:08 CAN I ASK A QUESTION OF KEITH O'CONNOR?
09:36:13 >>GUIDO MANISCALCO: GO AHEAD.
09:36:15 >>CAMARIA PETTIS-MACKLE: MR. O'CONNOR, CAN YOU INTRODUCE
09:36:18 YOURSELF FOR THE RECORD?
09:36:19 >>MARTIN SHELBY: WAS HE SWORN, PLEASE?
09:36:21 >>CAMARIA PETTIS-MACKLE: HE WAS SWORN.
09:36:23 >> KEITH O'CONNOR, CITY OF TAMPA, MANAGER OF NEIGHBORHOOD
09:36:26 ENHANCEMENT.
09:36:27 >> MR. O'CONNOR, CAN YOU PLEASE INFORM CITY COUNCIL, WHAT
09:36:31 WAS THE DATE THAT PURPLE HEART OPENED?
09:36:36 >> FROM WHAT I UNDERSTAND OPENING NIGHT WAS DECEMBER
09:36:41 18th.
09:36:41 >>CAMARIA PETTIS-MACKLE: AND THAT WAS THE FIRST TIME
09:36:44 THAT YOUR CODE OFFICERS WERE ABLE TO GO OUT TO THE
09:36:48 ESTABLISHMENT?
09:36:49 >> CORRECT.
09:36:51 >>CAMARIA PETTIS-MACKLE: I HAVE NO FURTHER QUESTIONS.
09:36:52 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
09:36:58 ALL RIGHT.
09:36:58 DOES THAT CONCLUDE EVERYTHING, MA'AM?
09:37:01 VERY GOOD.
09:37:02 NEXT WE'LL GO TO THE RESPONDENT'S CROSS-EXAMINATION OF
09:37:05 CITY WITNESSES. SHOULD THE RESPONDENT CHOOSE TO DO SO,
09:37:08 NOW IS YOUR OPPORTUNITY.
09:37:09 IF YOU ARE AT THE KIOSK, PLEASE STATE YOUR NAME, SIR.
09:37:13 >> MY NAME IS MIKE NELSON.
09:37:15 I'M THE ATTORNEY FOR MR. KEITH NORATES WHO OWNS THE
09:37:23 PURPLE HEART, ALSO PART OWNER OF THE BUILDING, I'M THE
09:37:26 LANDLORD AS WELL.
09:37:27 SO I GUESS I'M HERE IN TWO CAPACITIES.
09:37:30 >>GUIDO MANISCALCO: DID YOU RAISE YOUR RIGHT HAND WHEN
09:37:34 WE SWORE YOU IN?
09:37:37 >> I WASN'T GOING TO PROVIDE ANY TESTIMONY.
09:37:43 DID YOU WANT ME TO SWEAR IN ANYWAY?
09:37:46 I'M HERE IN THE CAPACITY AS AN ATTORNEY.
09:37:49 >>GUIDO MANISCALCO: YES, AS THE ATTORNEY YOU WOULD HAVE
09:37:52 TO BE, JUST TO KEEP THE RECORD CLEAN.
09:37:56 >> ALL RIGHT.
09:37:57 >>GUIDO MANISCALCO: IF WE COULD SWEAR HIM IN.
09:37:59 (OATH ADMINISTERED BY CLERK)
09:38:00 >> I DO.
09:38:03 >>MARTIN SHELBY: AND COUNSEL, WILL YOUR CLIENT BE
09:38:08 TESTIFYING AS WELL?
09:38:09 >> HE WILL.
09:38:10 AND HE DID TAKE THE OATH.
09:38:12 >>MARTIN SHELBY: THANK YOU.
09:38:12 >>GUIDO MANISCALCO: GO AHEAD, SIR.
09:38:13 >> A COUPLE OF VERY QUICK QUESTIONS.
09:38:16 I WOULD LIKE TO TALK TO MR -- IS IT O'CONNOR, HEAD OF
09:38:20 CODE ENFORCEMENT?
09:38:23 WAS HE THE FELLOW THAT JUST TESTIFIED?
09:38:25 >>GUIDO MANISCALCO: THAT WAS THE LAST GENTLEMAN THAT
09:38:27 SPOKE, YES.
09:38:28 I BELIEVE HE'S COMING UP TO THE CHAIR.
09:38:30 THERE HE IS.
09:38:31 >> IS IT YOUR UNDERSTANDING, MR. O'CONNOR, THAT OPENING
09:38:34 NIGHT FOR THIS CLUB WAS DECEMBER 18th OF 2020; IS
09:38:37 THAT CORRECT?
09:38:38 >> YES, THAT'S MY UNDERSTANDING.
09:38:39 >> THE FIRST ATTORNEY, I FORGET HER NAME WHO CAME UP AND
09:38:45 SPOKE FIRST, SAID ALL OF THE CLUBS WERE GIVEN WARNING.
09:38:48 HOW DID YOU GO INTO A CLUB THAT WAS NEVER OPENED A
09:38:52 WARNING?
09:38:52 AND COULD YOU STATE WHEN PRIOR TO DECEMBER 18th AND
09:38:56 SPECIFICALLY TO WHO YOU GAVE THE WARNING?
09:39:01 >> AS A GENERAL STATEMENT, WE HAVE BEEN GIVING WARNINGS
09:39:04 TO ALL THE CLUBS IN YBOR EVERY THURSDAY, FRIDAY AND
09:39:07 SATURDAY NIGHT FOR MONTHS NOW.
09:39:09 SO EVERY CLUB THAT WAS OPENED, WOULD HAVE RECEIVED A
09:39:13 WARNING.
09:39:14 >> SO YOU YOURSELF HAVE NO PERSONAL KNOWLEDGE TO GIVING
09:39:16 ANY EMPLOYEE OR CORPORATE OFFICER OF THIS PARTICULAR CLUB
09:39:22 A WARNING PRIOR TO THE VERY DAY YOU ISSUED THE FIRST
09:39:25 CITATION; IS THAT CORRECT?
09:39:27 >> THAT'S CORRECT.
09:39:29 >> HAS THERE BEEN A CHANGE IN THE LAST SEVEN DAYS
09:39:32 REGARDING ENFORCEMENT?
09:39:34 DID YOU ADVISE CLUBS TO NO LONGER NOT BE GIVING TICKETS
09:39:38 IF PEOPLE WERE STANDING ON THE DANCE FLOOR?
09:39:41 >> NO.
09:39:42 THAT WAS A MISUNDERSTANDING THAT WE HAD -- EXCUSE ME --
09:39:46 THAT WE HAD TO DEAL WITH.
09:39:47 THE DANCE FLOORS ARE TO BE CLOSED, BUT IF THE ONLY
09:39:52 VIOLATION IS A DANCE FLOOR VIOLATION WHERE PEOPLE ARE
09:39:55 WEARING MASKS, BUT THEY ARE UTILIZING THE DANCE FLOOR,
09:39:57 THAT WOULD BE A WARNING, THAT SHOWS US THAT THEY ARE
09:40:01 TRYING TO ADHERE TO THE RULE, BUT THEY LET PEOPLE ON THE
09:40:05 DANCE FLOOR, WE WOULD GIVE THEM A WARNING.
09:40:07 >> BUT THAT'S A CHANGE THAT HAS OCCURRED IN THE LAST
09:40:09 SEVEN DAYS OR SO?
09:40:11 >> IT'S NOT A CHANGE.
09:40:14 IT'S BEEN AN EVOLUTION OF OUR CHECKS.
09:40:16 THERE WAS A CLUB THAT HAD A CITATION ISSUED WITH DANCE
09:40:20 FLOOR, EVERYONE ON THE DANCE FLOOR THAT HAD A MASK ON.
09:40:24 >> OKAY, SO THE RULES ARE EVOLVING AS THEY ARE BEING
09:40:28 ENFORCED, AND SO EVOLVED IN THE LAST SEVEN DAYS; IS THAT
09:40:32 CORRECT?
09:40:33 >> NO, I'M NOT SAYING THE RULES ARE EVOLVING.
09:40:35 I'M SAYING THE DISCRETION OF THE OFFICERS, EVERY CLUB IS
09:40:38 DIFFERENT, EVERY SITUATION IS DIFFERENT, DEPENDING ON THE
09:40:41 NUMBER OF PATRONS, THE NUMBER OF VIOLATIONS.
09:40:45 IF IT'S JUST ONE VIOLATION, JUST LIKE WITH ALL THE CLUBS,
09:40:49 IT'S NOT A FLAGRANT DISREGARD FOR MULTIPLE RULES, WE GIVE
09:40:53 WARNINGS, WE DON'T CITE.
09:40:55 >> DOES CODE ENFORCEMENT OPERATE CITY-WIDE?
09:40:59 >> YES.
09:41:00 >> AND DID YOU OPERATE IN NEW TAMPA AS WELL AS SOUTH
09:41:02 TAMPA?
09:41:04 >> CORRECT.
09:41:04 >> HOW MANY CLUBS HAVE BEEN CITED IN NEW TAMPA FOR MASK
09:41:09 VIOLATIONS?
09:41:11 >> I DON'T THINK ANY.
09:41:12 >> HOW MANY CLUBS HAVE BEEN INSPECTED IN NEW TAMPA FOR
09:41:16 MASK VIOLATIONS?
09:41:18 >> THERE HAS BEEN MULTIPLE INSPECTIONS THROUGHOUT THE
09:41:21 CITY.
09:41:22 A LOT OF IT IS COMPLAINT DRIVEN.
09:41:24 MOST OF OUR COMPLAINTS COME IN FROM THE ENTERTAINMENT
09:41:28 DISTRICT.
09:41:28 >> WAS THERE A COMPLAINT PRIOR TO MY CLIENT BEING OPEN ON
09:41:31 DECEMBER 18th ABOUT MY CLIENT?
09:41:34 >> NO.
09:41:35 >> AND YET AN INSPECTION WAS GIVEN TO MY CLIENT ON
09:41:38 DECEMBER 18th; IS THAT CORRECT?
09:41:41 >> CORRECT.
09:41:42 WE INSPECT ALL THE CLUBS IN YBOR.
09:41:44 THEY ARE RIGHT NEXT TO EACH OTHER AND THEY MAKE THEIR WAY
09:41:47 THROUGH THE STRIP.
09:41:48 >> SO WITHOUT COMPLAINT, ALL CLUBS IN YBOR ARE INSPECTED
09:41:52 YET IN NEW TAMPA AM I CORRECT IN SAYING WITHOUT A
09:41:54 COMPLAINT THEY ARE NOT INSPECTED?
09:41:56 >> IN NEW TAMPA, THAT WOULD BE CORRECT.
09:41:59 >> ON KENNEDY AVENUE, ARE THOSE CLUBS, OR DALE MABRY
09:42:02 AVENUE, ARE THOSE CLUBS INSPECTED WITHOUT COMPLAINT?
09:42:06 >> YES.
09:42:06 >> THEY ARE INSPECTED OR NOT?
09:42:09 >> THEY ARE.
09:42:09 >> HOW MANY CLUBS ALONG DALE MABRY AVENUE HAVE BEEN CITED
09:42:13 FOR VIOLATIONS?
09:42:16 >> I WOULD HAVE TO LOOK AT THE SPREADSHEET TO SEE.
09:42:20 >> AM I CORRECT IN SAYING THAT IF YOU GO INTO A
09:42:22 RESTAURANT -- AND THESE ARE BARS -- BUT IF I SIT DOWN TO
09:42:27 HAVE A MEAL AND START EATING A MEAL, I TAKE MY MASK OFF
09:42:31 AS I AM CHEWING MY FOOD.
09:42:33 AM I REQUIRED TO REPLACE MY MASK AS I CHEW OR I CAN LEAVE
09:42:37 MY MASK OFF THE ENTIRE MEAL?
09:42:38 >> ONCE YOU ARE SEATED YOU CAN REMOVE YOUR MASK WHILE YOU
09:42:41 ARE SITTING.
09:42:42 >> IF I HAVE A DRINK, AND I DRINK, BUY A DRINK AT A BAR
09:42:46 AND I HAVE A SIP OF A DRINK, AM I REQUIRED TO REPLACE MY
09:42:49 MASK AS I CONTINUE DRINKING OR I CAN LEAVE MY MASK OFF
09:42:54 THE ENTIRE TIME I HAVE A DRINK?
09:42:57 >> ONCE YOU ARE SEATED YOU CAN TAKE YOUR MASK OFF AT A
09:43:02 RESTAURANT WHETHER YOU ARE ACTIVELY EATING OR DRINKING
09:43:04 DURING THE ENTIRE TIME YOU ARE SEATED.
09:43:06 >> NOT A RESTAURANT BUT A BAR, IS THE BAR RULE DIFFERENT
09:43:08 THAN THE RESTAURANT RULE IN THE SENSE THAT ONCE I AM
09:43:11 ENGAGED IN DRINKING, I MUST PUT MY MASK BACK ON IN
09:43:15 BETWEEN SIPS OR I CAN LEAVE IT OFF THE ENTIRE TIME?
09:43:20 >> THE ORDER REFERENCES WHETHER YOU ARE SEATED OR NOT,
09:43:24 NOT ACTIVELY EATING OR DRINKING.
09:43:27 ONCE YOU SIT DOWN YOU CAN TAKE YOUR MASK OFF.
09:43:29 THE TABLES ARE SUPPOSEDLY SIX FEET APART, YOU ARE WITH
09:43:34 YOUR PARTY THAT YOU CAME WITH, AND TAKE THE MASK OFF
09:43:36 WHILE YOU ARE DINING.
09:43:37 >> FORGET DINING.
09:43:39 IF I AM DRINKING AT A BAR SEATED, CAN I LEAVE MY MASK OFF
09:43:41 THE ENTIRE TIME OR DOES THE MASK HAVE TO INTO BACK ON
09:43:46 BETWEEN SIPS?
09:43:46 >> YOU CAN LEAVE IT OFF THE ENTIRE TIME YOU ARE SEATED AT
09:43:49 THE BAR.
09:43:50 >> AND IF I STAND WITH A DRINK IN MY HAND, THEN I AM IN
09:43:54 VIOLATION OF THE ORDER?
09:43:55 >> CORRECT.
09:44:00 >> ONE OF THE OFFICERS EARLIER SAID ABOUT 80% OF THE
09:44:08 PATRONS AT MY CLIENT'S ESTABLISHMENT WERE WEARING MASKS,
09:44:12 SO I GUESS 20% WERE NOT.
09:44:14 WAS THERE ANY KIND OF PERCENTAGE GIVEN TO HOW MANY WERE
09:44:19 DRINKING?
09:44:22 IN OTHER WORDS, HOW MANY HAD DRINKS CURRENTLY ENGAGED IN
09:44:23 THE ACT OF DRINKING THAT HAD THEIR MASK DOWN?
09:44:27 >> I DON'T KNOW.
09:44:28 I WASN'T THERE.
09:44:29 >> WAS OFFICER -- WAS MS. RILEY FREEMAN THERE, DO YOU
09:44:37 KNOW?
09:44:39 >> THEY WERE BOTH THERE.
09:44:41 >> I HAVE NO FURTHER QUESTIONS.
09:44:42 THANK YOU VERY MUCH, OFFICER.
09:44:43 I WOULD LIKE TO ASK MS. FREEMAN QUESTIONS, IF I'M
09:44:49 ENTITLED.
09:44:50 >> YES, SIR.
09:44:51 GO AHEAD.
09:44:52 I DON'T SEE MS. RILEY FREEMAN.
09:45:01 OR IS THAT A MAN?
09:45:03 >> THIS IS RILEY.
09:45:06 >> OH, OKAY.
09:45:07 I'M SORRY.
09:45:08 YOU, SIR, WERE AT THE CLUB ON THE 18th?
09:45:12 >> YES, SIR, I WAS.
09:45:14 >> WERE YOU ALSO AT THE CLUB ON JANUARY 8th?
09:45:17 >> NO, I WAS NOT.
09:45:20 >> WAS ONE OF THE OFFICERS THERE ON JANUARY 8th?
09:45:26 >> I WAS, SIR.
09:45:28 >> WHAT WAS YOUR NAME, MA'AM?
09:45:29 >> BARBARA RILEY.
09:45:31 >> MS. RILEY.
09:45:32 IS IT YOUR TESTIMONY THAT THE SIGNS YOU DELIVERED IN
09:45:34 DECEMBER WERE NOT PLACED IMMEDIATELY UPON YOUR HANDING
09:45:41 THE SIGNS TO MY CLIENT?
09:45:44 >> I DO NOT RECALL, SIR.
09:45:46 >> DO YOU HAVE ANY PICTURES THAT YOU TOOK YOURSELF ON
09:45:48 JANUARY 8th?
09:45:51 >> WE DO HAVE PICTURES.
09:45:52 I DID NOT TAKE THE PICTURES, BUT WE DO HAVE PICTURES OF
09:45:55 THAT EVENING.
09:45:56 >> OKAY.
09:45:59 WAS THERE AN EMPLOYEE ON JANUARY 8 THAT WAS NOT WEARING A
09:46:03 MASK?
09:46:04 >> YES.
09:46:05 >> WAS THAT FELLOW A BAR-BACK WHO HAD JUST COME FROM THE
09:46:09 BACK AND WAS DELIVERING BOTTLES UP FRONT, DO YOU KNOW?
09:46:14 >> I DON'T KNOW.
09:46:15 >> WAS THERE ANY QUESTIONING OF THE BAR-BACK AS TO WHY HE
09:46:19 WAS NOT WEARING THE MASK OR YOU SIMPLY TOOK A PICTURE OF
09:46:22 HIM AND THAT WAS THE REASON FOR THE VIOLATION?
09:46:24 >> THAT WAS ONE OF THE REASONS FOR THE VIOLATION.
09:46:26 THERE WERE SEVERAL PATRONS NOT WEARING MASKS AS WELL.
09:46:29 AND WE DID --
09:46:31 >> WERE THOSE PATRONS DRINKING?
09:46:32 DO YOU KNOW IF THOSE PATRONS WERE DRINKING, MA'AM?
09:46:39 >> I DON'T.
09:46:43 >> WERE YOU AT ALL TIMES TREATED RESPECTFULLY AND
09:46:45 COURTEOUSLY BY MY CLIENT?
09:46:48 >> YES.
09:46:49 >> I HAVE NO FURTHER QUESTIONS, COUNCILMEN.
09:46:59 >>ORLANDO GUDES: THAT IS THE BAR OWNER THERE, SIR?
09:47:01 >> YES.
09:47:02 THIS IS MY CLIENT, A VERY FINE YOUNG MAN, KEITH --
09:47:09 >>ORLANDO GUDES: IS HE SPEAKING OR --
09:47:12 >> I AM GOING TO HAVE HIM PRESENT TESTIMONY.
09:47:14 >>ORLANDO GUDES: I'LL WAIT UNTIL AFTER HIS TESTIMONY.
09:47:16 I HAVE A QUESTION.
09:47:17 >> THANK YOU.
09:47:19 >>CAMARIA PETTIS-MACKLE: CAMARIA PETTIS-MACKLE FROM THE
09:47:21 CITY ATTORNEY'S OFFICE.
09:47:22 IF I MAY QUICKLY REDIRECT MR. O'CONNOR, PLEASE.
09:47:29 MR. O'CONNOR, DURING YOUR ENFORCEMENT OF THE HILLSBOROUGH
09:47:40 COUNTY AND THE CITY OF TAMPA'S ORDINANCE REGARDING FACE
09:47:43 MASKS, ARE THOSE COMPLAINT-DRIVEN INSPECTIONS OR ARE YOU
09:47:48 ACTIVELY PURSUING INSPECTIONS OF ALL BUSINESSES?
09:47:53 >> THEY ARE COMPLAINT DRIVEN FOR THE MOST PART, BUT WE DO
09:47:58 GO TO ALL THE ESTABLISHMENTS THROUGHOUT THE CITY WITH
09:48:02 ROVERS TO TRY TO CAPTURE EVERYBODY.
09:48:05 >>CAMARIA PETTIS-MACKLE: REGARDING THE FACE MASK
09:48:07 ENFORCEMENT?
09:48:09 >> CORRECT.
09:48:11 >>CAMARIA PETTIS-MACKLE: I HAVE NO FURTHER QUESTIONS.
09:48:14 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
09:48:16 >>MARTIN SHELBY: IS THERE ANY RECROSS BY THE RESPONDENT'S
09:48:21 ATTORNEY?
09:48:22 >> NO, YOUR HONORS.
09:48:23 >>GUIDO MANISCALCO: ALL RIGHT.
09:48:24 I SAW I BELIEVE IT WAS THE OWNER READY TO SPEAK AT THE
09:48:28 KIOSK, THE GENTLEMAN BEHIND YOU, SIR.
09:48:31 >> YES.
09:48:31 >>GUIDO MANISCALCO: GO AHEAD, SIR.
09:48:33 >> WOULD YOU PLEASE STATE YOUR NAME AND OCCUPATION FOR
09:48:35 THE RECORD.
09:48:35 >> KEITH NORATES, OWNER OF PURPLE HEART BAR LOUNGE AND
09:48:39 GRILL.
09:48:41 >> WOULD YOU TELL THE CITY COUNCIL WHEN YOU FIRST
09:48:43 ACQUIRED THAT OWNERSHIP?
09:48:45 >> OCTOBER 17 IS WHEN I ACQUIRED THE OWNERSHIP.
09:48:49 >> WHEN DID THE CLUB FIRST OPEN?
09:48:51 >> NOVEMBER 24th.
09:48:54 >> PRIOR TO DECEMBER 18th, WERE YOU VISITED OR GIVEN
09:48:58 ANY INSTRUCTIONS BY ANY CITY CODE ENFORCEMENT OFFICERS
09:49:02 REGARDING THE MAYOR'S ORDER OF AUGUST 2020?
09:49:10 >> ABSOLUTELY NOT.
09:49:11 >> ON DECEMBER 18th, I WONDER IF YOU COULD TELL THE
09:49:15 CITY COUNCIL WHAT OCCURRED.
09:49:17 >> SO DECEMBER 18, OFFICERS CAME, THE CODE ENFORCEMENT
09:49:21 OFFICERS CAME IN, AND THEY CITED US FOR CUSTOMERS NOT
09:49:28 WEARING MASKS OR STANDING UP.
09:49:32 THEY ALSO SAID AN EMPLOYEE DIDN'T HAVE A MASK ON, WHICH
09:49:36 ALL OF MY EMPLOYEES DID HAVE ON MASKS OF MY KNOWLEDGE.
09:49:41 I DIDN'T ANY PHOTOGRAPHS OF MY EMPLOYEES NOT HAVING ON
09:49:46 MASKS.
09:49:48 I DID ENFORCE IT, ESPECIALLY AFTER THE FACT.
09:49:51 I HAD NO IDEA WHAT WAS GOING ON.
09:49:53 I HAD ONLY BEEN OPEN ABOUT A MONTH AND A HALF.
09:49:57 I WAS NOT TOLD THAT THIS WAS HAPPENING.
09:50:01 I WAS NOT WARNED AT ALL SO I TOOK THE CITATION.
09:50:08 >> DID YOU, IN FACT, PLACE SIGNS AS YOU WERE INSTRUCTED
09:50:10 ON DECEMBER 18 OR THE FOLLOWING DAY?
09:50:12 >> ABSOLUTELY.
09:50:13 AFTER THAT, I WAS VERY UNAWARE.
09:50:16 I DIDN'T KNOW WHAT TO EXPECT.
09:50:17 LIKE I SAID, THIS IS A NEW THING FOR ME AND I DID NOT
09:50:23 WANT TO BE SHUT DOWN.
09:50:24 I WENT ABOVE AND BEYOND.
09:50:25 I PLACED OUT SIGNS FOR MASK COVERINGS.
09:50:28 I HAD MY DEEJAY ANNOUNCE ON THE P.A. SYSTEM, AND I WALKED
09:50:34 THROUGH THOROUGHLY MYSELF AND MADE SURE MY EMPLOYEES AND
09:50:38 PATRONS HAD ON MASKS.
09:50:40 >> HAVE YOU ASKED PATRONS TO WEAR MASKS IF THEY WERE NOT
09:50:44 WEARING MASKS AND NOT DRINKING?
09:50:45 >> YES.
09:50:46 >> HOW ABOUT IF THEY WERE STANDING AND DRINKING AND NOT
09:50:49 WEARING MASKS, DID YOU ASK THEM TO PUT THEIR MASK ON?
09:50:51 >> YES.
09:50:52 >> DID YOU HAND OUT MASKS AND DO TEMPERATURE TESTS AT THE
09:50:54 FRONT OF THE BAR.
09:50:56 >> YEP, YES, SIR.
09:50:57 >> HAVE YOU EVER BEEN DISRESPECTFUL OR DISCOURTEOUS TO
09:51:00 ANY OF THE TAMPA POLICE?
09:51:01 >> NO, SIR.
09:51:02 >> IS IT YOUR OR CODE ENFORCEMENT -- HAVE YOU EVER BEEN
09:51:06 DISRESPECTFUL TO CODE ENFORCEMENT OFFICERS?
09:51:08 >> NO, SIR.
09:51:09 >> HAVE YOU DONE EVERYTHING YOU'VE BEEN ASKED TO DO TO
09:51:11 YOUR KNOWLEDGE BY THE CITY FOR YOUR BUSINESS?
09:51:14 >> 100%.
09:51:15 >> I HAVE NO FURTHER QUESTIONS.
09:51:19 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
09:51:20 >>ORLANDO GUDES: ALLOWING WITNESSES NOW?
09:51:23 >>MARTIN SHELBY: DOES HE HAVE ANY ADDITIONAL.
09:51:25 >>GUIDO MANISCALCO: ARE THERE ANY OTHER WITNESSES, SIR?
09:51:28 >> NO, SIR.
09:51:28 >>GUIDO MANISCALCO: ALL RIGHT.
09:51:29 THANK YOU VERY MUCH.
09:51:29 COUNCILMAN GUDES.
09:51:31 >>ORLANDO GUDES: YES, SIR.
09:51:32 TO THE BAR OWNER -- I DON'T SEE HIM ON THE SCREEN.
09:51:39 >> HE'S IN FRONT OF THE KIOSK.
09:51:41 >>ORLANDO GUDES: I'VE GOT HIM NOW.
09:51:43 MY UNDERSTANDING, YOU TOOK OWNERSHIP OF THE BAR IN
09:51:46 OCTOBER.
09:51:46 YOU HAD YOUR FIRST OPENING ON NOVEMBER 24th, THAT'S
09:51:50 CORRECT?
09:51:51 >> YES, SIR.
09:51:51 >>ORLANDO GUDES: FROM THE TIME YOU TOOK OWNERSHIP OF THE
09:51:53 BAR UNTIL THE TIME YOU OPENED, YOU NEVER HEARD OF ANY
09:51:56 EXECUTIVE ORDERS WITHIN THE CITY, THE COUNTY, OR ANYTHING
09:51:58 PERTAINING TO ANY TYPE OF RULES, REGULATIONS AS IT
09:52:01 RELATES TO BARS OR MASKS IN THE CITY OF TAMPA OR
09:52:05 HILLSBOROUGH COUNTY?
09:52:06 >> WHEN I TOOK OWNERSHIP OF THE BAR, THE GOVERNOR HAD
09:52:10 JUST MADE BARS 100% CAPACITY, AND THAT'S WHAT I KNEW WHEN
09:52:17 I TOOK OWNERSHIP.
09:52:20 I DIDN'T KNOW OF AN EXECUTIVE ORDER AS FAR AS MASK
09:52:24 COVERINGS AT THAT TIME, NO.
09:52:29 >>ORLANDO GUDES: YOU'RE SAYING YOU OPEN A BAR, AND YOU
09:52:33 TOOK OWNERSHIP, DIDN'T KNOW ANYTHING -- KNEW ABOUT THE
09:52:36 GOVERNOR'S ORDER BUT NOTHING ABOUT THE CITY'S ORDINANCE,
09:52:40 OPERATIONAL FACILITY WITHIN THE CITY OF TAMPA,
09:52:42 HILLSBOROUGH COUNTY.
09:52:44 AND FROM THE TIME THAT CODE ENFORCEMENT, TO THE SECOND
09:52:48 TIME, WERE YOU STILL NOT AWARE THERE WAS A MANDATE FOR
09:52:52 SOCIAL DISTANCING AND MASKS?
09:52:53 >> THE SECOND TIME I WAS.
09:52:55 I WAS VERY AWARE, AND I DID GO ABOVE AND BEYOND TO MAKE
09:53:01 SURE I WOULDN'T GET ANOTHER CITATION TO MAKE SURE THAT
09:53:04 EVERYONE HAD ON MASKS AND EMPLOYEES HAD ON MASKS.
09:53:06 >>ORLANDO GUDES: MY LAST AND FINAL QUESTION, SO,
09:53:09 OBVIOUSLY, YOU'RE SAYING RIGHT NOW YOU DIDN'T WANT
09:53:12 ANOTHER CITATION.
09:53:13 OBVIOUSLY, THE PREVIOUS TWO TIMES YOU WERE NOT IN
09:53:16 COMPLIANCE, CORRECT?
09:53:18 >> THE FIRST TIME I WASN'T IN COMPLIANCE.
09:53:21 >>ORLANDO GUDES: YOU WEREN'T IN COMPLIANCE THE SECOND
09:53:23 TIME, TOO, CORRECT?
09:53:25 >> I WAS IN COMPLIANCE THE SECOND TIME OF MY KNOWLEDGE.
09:53:28 >>ORLANDO GUDES: BUT WHEN THE INSPECTORS CAME TO THE BAR
09:53:31 AND NOTIFIED YOU, WAS THE BAR IN COMPLIANCE?
09:53:35 >> THE BAR WASN'T IN COMPLIANCE FROM WHAT THEY TOLD ME.
09:53:39 >>ORLANDO GUDES: I'M ASKING YOU.
09:53:40 YOU WERE THERE.
09:53:41 YOU WERE THE MANAGER.
09:53:42 >> THE BAR WAS IN COMPLIANCE.
09:53:43 >>ORLANDO GUDES: PARDON?
09:53:47 >> MY BAR WAS IN COMPLIANCE.
09:53:50 >>ORLANDO GUDES: YOU'RE SAYING THEY GAVE YOU A CITATION
09:53:53 WHEN YOU WERE IN COMPLIANCE?
09:53:55 >> THEY GAVE ME A CITATION BECAUSE THEY SAID A CUSTOMER
09:53:57 DIDN'T HAVE ON A MASK OR THEY WERE STANDING.
09:54:00 THAT'S NOT IN COMPLIANCE.
09:54:02 >>ORLANDO GUDES: SO, OBVIOUSLY, THERE WAS A VIOLATION
09:54:05 INSIDE THE BAR.
09:54:07 >> YES, SIR.
09:54:08 >>ORLANDO GUDES: THANK YOU, SIR.
09:54:10 >>GUIDO MANISCALCO: ANYBODY ELSE?
09:54:12 COUNCILMAN MIRANDA?
09:54:12 PLEASE UNMUTE YOURSELF.
09:54:25 >>CHARLIE MIRANDA: I'M HERE LISTENING TO THE QUESTION AND
09:54:27 ANSWER FROM MR. GUDES AND THE OWNER OF THE ESTABLISHMENT.
09:54:34 AT THE END, THE OWNER OF THE ESTABLISHMENT SAID HE GOT A
09:54:36 CITATION BECAUSE ONE PATRON WAS NOT WEARING A MASK.
09:54:40 IS IT ONE PATRON -- ONLY ONE PATRON YOU GOT IT FOR OR
09:54:44 OTHERS TO YOUR KNOWLEDGE?
09:54:47 >> I'M NOT SURE.
09:54:49 JUST SAID PATRON NOT WEARING MASK.
09:54:55 >>CHARLIE MIRANDA: I KNOW WHAT THE CITATION SAID.
09:54:57 GOT NOTICE FOR VIOLATION BECAUSE ONE PATRON WAS NOT
09:55:01 WEARING A MASK.
09:55:02 YOU CAN REWIND AND HEAR WHAT YOU SAID, SIR.
09:55:07 >> FROM MY UNDERSTANDING, THERE WAS A PATRON THAT DID NOT
09:55:10 HAVE ON A MASK OR IT WASN'T FULLY COVERED.
09:55:13 IT WAS KIND OF LIKE HOW MY MASK IS RIGHT NOW.
09:55:15 >>CHARLIE MIRANDA: ARE YOU TELLING US YOU'RE UNDER THE
09:55:18 OPINION THAT'S THE REASON YOU GOT THE CITATION, THE ONE
09:55:20 PATRON WAS NOT WEARING A MASK?
09:55:23 >> I'M ASSUMING THAT'S WHY THE CITATION WAS MADE.
09:55:26 >>CHARLIE MIRANDA: MAKING AN ASSUMPTION, NOT A FACT, AM I
09:55:28 CORRECT?
09:55:28 >> YES.
09:55:29 I'M ASSUMING THAT'S WHY.
09:55:30 >>CHARLIE MIRANDA: THANK YOU VERY MUCH.
09:55:33 APPRECIATE IT VERY MUCH.
09:55:33 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER.
09:55:38 >>JOHN DINGFELDER: THANK YOU, MR. CHAIRMAN.
09:55:42 OF I'M SORRY.
09:55:44 I DIDN'T CATCH YOUR NAME.
09:55:46 >> KEITH NORATES.
09:55:48 >>JOHN DINGFELDER: NORATES.
09:55:51 MR. NORATES, I WANT TO CLARIFY FROM YOUR PERSPECTIVE,
09:56:04 TELL US WHAT REASONABLE EFFORTS THAT YOU MADE BETWEEN THE
09:56:08 DECEMBER 18th CITATION AND THE JANUARY 8th CITATION,
09:56:17 AND THEN I HAVE ONE FOLLOW-UP ON THAT.
09:56:22 >> I PURCHASED OVER A THOUSAND MASKS.
09:56:27 I HAD MEETINGS WITH MY STAFF ABOUT WEARING MASKS.
09:56:31 MAKING SURE THAT CUSTOMERS HAVE ON MASKS, ANYTHING THAT
09:56:34 CODE ENFORCEMENT WAS ASKING, BECAUSE IT CHANGED -- IT
09:56:38 WENT FROM CUSTOMERS JUST MUST HAVE ON MASKS TO NOW
09:56:43 CUSTOMERS -- ANOTHER WEEK WOULD BE CUSTOMERS MUST BE
09:56:47 SEATED.
09:56:47 IT CONTINUED TO CHANGE.
09:56:49 I WOULD HAVE WEEKLY MEETINGS WITH MY STAFF TO GET THEM TO
09:56:53 UNDERSTAND THE SERIOUSNESS OF IT AND TO GO ABOVE AND
09:56:57 BEYOND IF THEY SAW A CUSTOMER WITHOUT A MASK.
09:57:00 I ALSO PURCHASED SIGNS THAT I PUT ON EACH WINDOW OF THE
09:57:04 ESTABLISHMENT PLUS THEY BROUGHT AFTER I THINK IT WAS MY
09:57:11 SECOND CITATION, THEY BROUGHT A SIGN TO PUT UP AND I PUT
09:57:15 THAT SIGN UP AS WELL.
09:57:17 I TOOK TEMPERATURE CHECKS AT THE DOOR.
09:57:20 EVERYONE THAT CAME IN THE ESTABLISHMENT GOT A MASK BEFORE
09:57:24 THEY EVEN CAME IN THE ESTABLISHMENT.
09:57:26 >>JOHN DINGFELDER: HOW MANY FOLKS DO YOU HAVE WORKING FOR
09:57:28 YOU?
09:57:29 I UNDERSTAND YOU'RE A FAIRLY SMALL ESTABLISHMENT.
09:57:32 >> YES.
09:57:33 ABOUT TEN.
09:57:35 >>JOHN DINGFELDER: YOU GAVE THEM ALL PRETTY STRICT
09:57:38 INSTRUCTIONS.
09:57:39 >> ABSOLUTELY, YES.
09:57:42 >>JOHN DINGFELDER: DID YOU FOLLOW UP ON THAT?
09:57:45 >> YES.
09:57:45 WE HAD WEEKLY MEETINGS.
09:57:48 WE WOULD HAVE A WEEKLY MEETING AND THAT WOULD BE A PART
09:57:51 OF THE MEETING AS FAR AS THE TEMPERATURE CHECKS, AS FAR
09:57:55 AS MAKING SURE THAT EVERYONE GOT A MASK.
09:57:59 LIKE I SAID, IT CHANGED THROUGHOUT THE WEEKS AS FAR AS
09:58:04 WHAT WAS ALLOWED AND WHAT WASN'T ALLOWED.
09:58:07 >> DIDN'T CHANGE IT EVOLVED.
09:58:08 >> YES.
09:58:08 ONE WEEK, THE FIRST CITATION, FROM MY UNDERSTANDING,
09:58:15 EVERYONE HAD TO HAVE ON MASKS.
09:58:17 THEN IT BECAME EVERYONE MUST BE SEATED.
09:58:23 WE'RE TRYING TO MAKE THESE CHANGES AND TRYING TO -- WE'RE
09:58:29 HAVING THESE MEETINGS SO EVERYBODY IS AWARE OF THE CHANGE
09:58:33 PER WHAT CODE ENFORCEMENT IS TELLING US.
09:58:35 AND WE'RE TRYING TO EVOLVE AS THEY ARE EVOLVING WITH THE
09:58:39 CHANGES.
09:58:40 I DID EVERYTHING IN MY POWER WITH MY STAFF TO MAKE THEM
09:58:44 AWARE OF WHAT HAD TO BE DONE IN THE ESTABLISHMENT AND
09:58:49 ALSO INFORMING THE PATRONS AS THEY CAME IN EVEN BEFORE
09:58:54 THEY WALKED IN THE DOOR, WE WOULD LET THEM KNOW.
09:58:56 LOOK, IF YOU COME IN, YOU MUST HAVE ON A MASK, AND YOU
09:59:01 MUST BE -- IF YOU'RE SITTING DOWN, YOU CAN TAKE YOUR MASK
09:59:07 OFF.
09:59:09 AND THEN YOU CAN'T DANCE.
09:59:14 >>JOHN DINGFELDER: ONE MORE QUESTION TO OUR LEGAL
09:59:18 COUNSEL, TO THE CITY'S LEGAL COUNSEL WHO IS PROSECUTING
09:59:22 THIS CASE.
09:59:24 >>GUIDO MANISCALCO: SHE'S STANDING BY.
09:59:25 GO AHEAD, SIR.
09:59:27 >>JOHN DINGFELDER: I'M SORRY TO DWELL ON THE PHOTOGRAPHS,
09:59:34 BUT I WENT BACK AND LOOKED AT THE PHOTOS THAT WERE IN
09:59:38 SECTION 6 OF THE DOCUMENTS YOU PROVIDED, THE DECEMBER
09:59:45 18th PHOTOS ARE DATE STAMPED WITH -- AND I THOUGHT YOU
09:59:51 SAID THOSE WERE THE ONES WE SHOULD IGNORE BUT THEY ARE
09:59:55 DATE STAMPED WITH THE ADDRESS OF THIS CLUB.
09:59:58 THE JANUARY 8 PHOTOS ARE NOT DATE STAMPED AT ALL WITH AN
10:00:06 ADDRESS.
10:00:07 I JUST WANT TO CLARIFY FOR THE RECORD WHICH OF THOSE
10:00:11 PHOTOS AM I SUPPOSED TO BE IGNORING OR PAYING ATTENTION
10:00:14 TO?
10:00:15 IF YOU HAVE A WITNESS TO HELP ME WITH THAT, THAT WOULD BE
10:00:19 FINE.
10:00:20 >> IF I COULD STIPULATE THAT THE DECEMBER 18th PHOTOS
10:00:23 WERE, IN FACT, OUR CLUB.
10:00:24 WE CAN AVOID I GUESS HAVING TO PROVE.
10:00:29 WE ADMIT THAT'S US.
10:00:30 >>JOHN DINGFELDER: STATE FOR THE RECORD WHO YOU ARE.
10:00:33 >> MIKE NELSON.
10:00:34 I'M THE ATTORNEY FOR PURPLE HEART CLUB AS WELL AS
10:00:41 PROPERTY OWNER.
10:00:42 >>JOHN DINGFELDER: THE DECEMBER 18th PHOTOS ARE YOUR
10:00:47 CLUB.
10:00:48 >> MIKE NELSON: IT IS, YOUR HONOR, YES.
10:00:52 >>JOHN DINGFELDER: THE JANUARY 8 PHOTOS?
10:00:55 >>MIKE NELSON: COULD WE SEE THAT AGAIN?
10:00:56 BECAUSE WE DID QUESTION WHETHER THAT WAS US OR NOT.
10:00:59 >>JOHN DINGFELDER: IT LOOKS LIKE THE OFFICER WANTS TO
10:01:02 CHIME IN, MR. CHAIRMAN.
10:01:03 MAYBE JUST TO CLARIFY.
10:01:04 THIS IS AN IMPORTANT ISSUE TO ME.
10:01:06 >>GUIDO MANISCALCO: CODE ENFORCEMENT.
10:01:06 YOU'RE MUTED.
10:01:11 CAN WE UNMUTE?
10:01:18 WE COULDN'T HEAR THE GENTLEMAN.
10:01:37 >>JOHN DINGFELDER: HOW ABOUT THE SPEAKERPHONE ON THE
10:01:39 DESK?
10:01:39 DID YOU PUSH THAT BUTTON OFF?
10:01:45 >> IT'S NOT SHOWING THAT THEY ARE MUTED ON THE SCREEN.
10:01:53 >>GUIDO MANISCALCO: ALL RIGHT.
10:01:54 GO AHEAD.
10:01:55 >> JUST TO CLARIFY --
10:01:58 >>JOHN DINGFELDER: YOUR NAME.
10:01:59 >> CHRIS FREEMAN, CITY OF TAMPA.
10:02:02 THE PICTURES YOU'RE REFERRING TO ON THE 18th BELONG TO
10:02:09 THE BARTER HOUSE NEXT DOOR.
10:02:11 SAME ADDRESS.
10:02:12 IT'S A.
10:02:18 1811 NORTH 15th STREET A.
10:02:20 THOSE PICTURES SHOULD NOT HAVE BEEN PUT INTO THIS CASE.
10:02:23 >>JOHN DINGFELDER: THE JANUARY 8th PHOTOS?
10:02:25 THEY DON'T HAVE AN ADDRESS ON THEM AT ALL.
10:02:29 THE GENTLEMAN AT THE DAIS IS DISAGREEING.
10:02:42 I'M GETTING MORE CONFUSED.
10:02:46 >>MIKE NELSON: I OWN THE PROPERTY SO I'M FAMILIAR WITH
10:02:49 THE BAR NEXT DOOR AS WELL, THE BARTER HOUSE RESTAURANT.
10:02:53 I GUESS IT WASN'T THIS YOUNG MAN'S CLUB.
10:02:59 >>JOHN DINGFELDER: SO, OFFICER, CAN YOU TELL ME ABOUT THE
10:03:01 JANUARY 8th?
10:03:03 ARE YOU TESTIFYING THAT EVEN THOUGH THEY DON'T HAVE AN
10:03:08 ADDRESS STAMP ON THEM, WHO TOOK THE PHOTOS AND ARE WE
10:03:14 SURE IT'S THE RIGHT CLUB?
10:03:17 >> YES, SIR.
10:03:17 THE PHOTO IS SUBMITTED FOR JANUARY 8 ARE THE PURPLE HEART
10:03:22 CLUB.
10:03:23 >>JOHN DINGFELDER: LET ME GO BACK TO THE WITNESS THEN.
10:03:30 COUNSELOR, CAN YOU TESTIFY, SEEN THE JANUARY 8th PHOTOS
10:03:36 AND IS THAT HIS CLUB?
10:03:38 >>MIKE NELSON: CAN YOU PUT IT UP AGAIN?
10:04:03 >> YES.
10:04:03 YES.
10:04:12 >>GUIDO MANISCALCO: YES.
10:04:13 OKAY.
10:04:14 >>CAMARIA PETTIS-MACKLE: JUST FOR CLARIFICATION FOR THE
10:04:16 RECORD, CAN INSPECTOR RILEY PLEASE CLARIFY THAT THE
10:04:21 PHOTOS THAT WERE JUST DISPLAYED ON THE SYSTEM THAT THOSE
10:04:28 REPRESENT THE PHOTOGRAPHS THAT WERE TAKEN FOR PURPLE
10:04:31 HEART ON JANUARY 8 OF 2021?
10:04:34 >> YES, MA'AM, THEY WERE.
10:04:35 >>CAMARIA PETTIS-MACKLE: THANK YOU.
10:04:37 >>GUIDO MANISCALCO: COUNCILMAN GUDES.
10:04:40 >>ORLANDO GUDES: THANK YOU, MR. CHAIRMAN.
10:04:42 FOR THE OWNER, WITNESS, THE CLUB HAS MUSIC IN IT,
10:04:46 CORRECT?
10:04:47 >> YES, SIR.
10:04:48 >>ORLANDO GUDES: IS IT JUST AMPLIFIED MUSIC OR ACTUAL
10:04:52 DEEJAY PLAYING, SPINNING WHEELS?
10:04:54 >> THERE IS AN ACTUAL DEEJAY.
10:04:56 >>ORLANDO GUDES: HOW OFTEN DOES THE DEEJAY MAKE AN
10:04:59 ANNOUNCEMENT ABOUT THE SOCIAL DISTANCING?
10:05:00 >> IN OUR MEETINGS, I TOLD HIM EVERY 20 MINUTES MAKE THE
10:05:03 ANNOUNCEMENT AND HE DID.
10:05:06 >>ORLANDO GUDES: YOU WERE THERE THAT NIGHT.
10:05:07 CITATION WAS ISSUED, EVERY 20 MINUTES HE WAS MAKING AN
10:05:10 ANNOUNCEMENT.
10:05:11 WHILE THE CODE ENFORCEMENT OFFICERS WERE THERE, THE
10:05:12 ANNOUNCEMENT WAS BEING MADE.
10:05:14 >> THE ANNOUNCEMENT WAS BEING MADE EVERY 20 MINUTES.
10:05:16 I DON'T KNOW IF THE ANNOUNCEMENT WAS MADE WHILE THE
10:05:18 OFFICER WAS ACTUALLY INSIDE THE ESTABLISHMENT, BUT IT
10:05:20 DEFINITELY WAS BEING MADE.
10:05:22 >>ORLANDO GUDES: HOW LONG WOULD YOU SAY THE OFFICERS WERE
10:05:24 THERE?
10:05:25 >> EVERY TIME THAT THEY CAME IN, THEY PROBABLY HAVE BEEN
10:05:28 INSIDE MAYBE THREE MINUTES.
10:05:30 THEY COME IN, THEY WALK -- IT'S A VERY SMALL
10:05:35 ESTABLISHMENT.
10:05:35 THEY WALK TO THE BACK.
10:05:36 THEY WALK BACK OUT.
10:05:38 IT'S THREE MINUTES MAX.
10:05:40 >>ORLANDO GUDES: THANK YOU, SIR.
10:05:41 CODE ENFORCEMENT RILEY?
10:05:43 OR FREEMAN.
10:05:46 YOU BOTH WERE THERE.
10:05:48 CAN YOU TELL ME HOW LONG YOU WERE THERE AT THE CLUB AND
10:05:50 DID YOU HEAR ANY ANNOUNCEMENT BY THE DEEJAY IN REFERENCE
10:05:53 TO SOCIAL DISTANCING AND MASKS?
10:05:55 >> I DO NOT RECALL HEARING ANY ANNOUNCEMENTS.
10:06:00 THAT NIGHT, WE WERE PROBABLY THERE FOR ABOUT TEN MINUTES
10:06:03 OR MORE.
10:06:09 >>ORLANDO GUDES: MR. FREEMAN.
10:06:11 >> SPECIFICALLY TALKING ABOUT THE 18th?
10:06:13 >>ORLANDO GUDES: EITHER DAY.
10:06:14 >> I WASN'T THERE IN JANUARY.
10:06:16 BUT I CAN ATTEST THAT ON THE 18th WE DID SPEND AMPLE
10:06:20 TIME TALKING TO MANAGEMENT OUTSIDE.
10:06:23 CODE ENFORCEMENT, LAW ENFORCEMENT.
10:06:27 THE ONLY THING I CAN TELL TO ADD TO THIS IS THE CLUBS
10:06:33 HAVE BEEN FOUND NOT IN VIOLATION BECAUSE THEY ARE GETTING
10:06:38 SMARTER.
10:06:39 THEY ARE HAVING SPOTTERS OUTSIDE.
10:06:41 THE DOOR MAN CAN CLEARLY SEE US COMING DOWN THE STREET
10:06:46 WHERE THEY CAN GO INTO THE CLUB AND MAKE AN ANNOUNCEMENT.
10:06:48 WE'VE SEEN THAT MULTIPLE TIMES BOTH THIS ESTABLISHMENT
10:06:51 AND OTHER ONES ALONG 7th AVENUE.
10:06:54 >>ORLANDO GUDES: THANK YOU, SIR.
10:06:57 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
10:06:58 ANYTHING ELSE?
10:06:58 ALL RIGHT.
10:07:02 WE GO TO ITEM 8.
10:07:09 >>CAMARIA PETTIS-MACKLE: IF I CAN EXAMINE THE WITNESS.
10:07:12 THANK YOU.
10:07:13 CAMARIA PETTIS-MACKLE, FOR THE RECORD FROM THE CITY
10:07:14 ATTORNEY'S OFFICE.
10:07:16 I WOULD LIKE TO ASK A COUPLE OF QUESTIONS OF MR. -- I
10:07:19 APOLOGIZE IF I MISPRONOUNCE YOUR LAST NAME -- NORATES.
10:07:23 >> NORATES.
10:07:25 >>CAMARIA PETTIS-MACKLE: YOU TESTIFIED THAT AFTER -- THE
10:07:28 PROCEDURES YOU IMPLEMENTED, THOSE WERE DONE AFTER YOU
10:07:32 RECEIVED YOUR FIRST CITATION, CORRECT?
10:07:35 >> YES.
10:07:35 >>CAMARIA PETTIS-MACKLE: YOU JUST HEARD TESTIMONY FROM
10:07:38 OFFICER RILEY THAT SHE DIDN'T HEAR ANY ANNOUNCEMENTS FROM
10:07:41 THE DEEJAY WHILE SHE WAS IN YOUR ESTABLISHMENT ABOUT FACE
10:07:45 MASK REQUIREMENTS, CORRECT?
10:07:46 >> YES.
10:07:47 >>CAMARIA PETTIS-MACKLE: YOU ALSO HEARD -- IT'S CORRECT
10:07:51 -- ISN'T IT TRUE THAT NO ONE -- NONE OF THE PATRONS IF
10:07:55 THEY WERE NOT WEARING MASKS, THEY WERE NOT REMOVED FROM
10:07:57 YOUR ESTABLISHMENT, CORRECT?
10:07:59 >> YES, THEY WERE REMOVED.
10:08:02 >> WHILE THE INSPECTOR WAS THERE, WAS THERE ANY PATRON
10:08:05 REMOVED ON DECEMBER 18th OR JANUARY 8, 2021 WHILE THE
10:08:10 INSPECTORS WERE PRESENT?
10:08:12 >> NO, MA'AM.
10:08:15 >>CAMARIA PETTIS-MACKLE: YOU SAID THAT YOUR DEEJAY DOES
10:08:18 HAVE THE ABILITY TO MAKE THE ANNOUNCEMENTS, CORRECT?
10:08:20 >> YES.
10:08:22 >>CAMARIA PETTIS-MACKLE: AT ANY POINT DID YOU TURN ON THE
10:08:25 LIGHTS OF THE ESTABLISHMENTS TO, AGAIN, MAKE A FURTHER
10:08:28 ANNOUNCEMENT TO ENSURE THAT THERE'S COMPLIANCE WITH THE
10:08:33 FACE MASK?
10:08:35 >> YES.
10:08:35 WE ACTUALLY --
10:08:40 >>CAMARIA PETTIS-MACKLE: I'M REFERRING SPECIFICALLY TO
10:08:42 DECEMBER 18 AND JANUARY 8 OF 2021.
10:08:45 >> NOT ON THOSE DATES, NO.
10:08:48 >>CAMARIA PETTIS-MACKLE: THANK YOU.
10:08:48 IT WAS YOUR PREVIOUS TESTIMONY THAT CODE ENFORCEMENT WAS
10:08:51 ONLY AT YOUR ESTABLISHMENT FOR THREE MINUTES, BUT YET
10:08:55 INSPECTOR RILEY TESTIFIED THAT SHE WAS THERE FOR AT LEAST
10:08:58 TEN MINUTES ON JANUARY 8 AND INSPECTOR FREEMAN SAID HE
10:09:02 WAS WITH YOU ON A LENGTHY AMOUNT OF TIME TO EXPLAIN THE
10:09:05 RULES -- EXPLAIN THE RULES TO YOU, CORRECT?
10:09:07 >> ON WHAT DATE?
10:09:08 >>CAMARIA PETTIS-MACKLE: ON DECEMBER 18.
10:09:13 >> OUTSIDE THE ESTABLISHMENT ON THE 18th, YES.
10:09:17 >>CAMARIA PETTIS-MACKLE: THE CITY HAS NO FURTHER
10:09:18 QUESTIONS FOR THIS WITNESS.
10:09:19 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
10:09:20 ANY OTHER QUESTIONS AT ALL?
10:09:24 IF NOT, WE CAN GO TO ITEM NUMBER 9, IF THERE'S NOTHING
10:09:29 THERE.
10:09:29 I BELIEVE THERE MIGHT BE PUBLIC COMMENT.
10:09:32 ANYTHING ELSE, IF NOT, WE'LL GO TO PUBLIC COMMENT.
10:09:37 MR. SHELBY.
10:09:38 >>MARTIN SHELBY: YES.
10:09:39 THANK YOU.
10:09:41 COUNSELOR AND MR. NORATES, IF YOU CAN RETURN TO THE MAIN
10:09:44 ROOM.
10:09:44 YOU CAN OBSERVE THERE.
10:09:45 WE'LL HAVE THE KIOSK SANITIZED AND THEN WE'LL BE ABLE TO
10:09:50 BEGIN PUBLIC COMMENT.
10:09:59 >>ORLANDO GUDES: MR. CHAIRMAN, POINT OF ORDER.
10:10:05 >>GUIDO MANISCALCO: I CAN'T HEAR WITH THE CLAPPING.
10:10:06 >>ORLANDO GUDES: I WAS NOT HERE FOR THE FIRST HEARINGS.
10:10:10 I DIDN'T SEE PUBLIC COMMENT ON THE SHEET.
10:10:12 THIS IS A HEARING FOR VIOLATION.
10:10:14 EXPLAIN TO ME WHY THERE IS PUBLIC COMMENT, SIR.
10:10:18 >>MARTIN SHELBY: THE ANSWER IS, SIR, THIS IS A PUBLIC
10:10:23 HEARING.
10:10:25 IN THE SENSE WE HADN'T CONTEMPLATED NECESSARILY THE
10:10:28 PUBLIC COMMENTING ON THIS, I NOTICED THE PUBLIC COMMENT
10:10:31 BECAUSE IT IS A SPECIAL CALL, GENERAL PUBLIC COMMENT IS
10:10:34 NOT ON THE AGENDA.
10:10:35 IF THERE ARE PEOPLE HERE WHO ARE SPECIFIC TO WANT TO
10:10:38 SPEAK TO THIS ITEM, MY HOPE IS THAT IT IS COMPETENT
10:10:42 EVIDENCE.
10:10:43 IN OTHER WORDS, IT'S RELEVANT AND MATERIAL TO WHAT YOU
10:10:45 HAVE IN FRONT OF YOU.
10:10:46 BUT WE CAN CONTROL THAT.
10:10:48 THIS ULTIMATELY IS GOING TO BE A FINAL ACTION OF THE CITY
10:10:52 COUNCIL.
10:10:53 SO THAT BEING THE CASE, FLORIDA STATUTE BEST PRACTICE IN
10:10:56 THIS CASE WOULD BE TO ALLOW THE PUBLIC TO HAVE THE RIGHT
10:10:59 TO ADDRESS IT BEFORE YOU TAKE FINAL ACTION.
10:11:02 I UNDERSTAND YOUR QUESTION, AND INITIALLY THOUGHT WAS
10:11:10 THAT THE PUBLIC WOULD NOT HAVE THE OPPORTUNITY, BUT UPON
10:11:15 REFLECTION AND LOOKING AT FLORIDA STATUTE BEST PRACTICE
10:11:18 FOR US WOULD BE TO ALLOW THEM THE OPPORTUNITY TO SPEAK.
10:11:21 MIND YOU, AGAIN, THE EVIDENCE IN ORDER FOR YOU TO BASE
10:11:24 YOUR DECISION HAS TO BE COMPETENT, SUBSTANTIAL EVIDENCE.
10:11:27 WHAT THAT MEANS IS WHAT YOU'RE TO HEAR FROM THE PUBLIC IN
10:11:31 ORDER FOR YOU TO ACCEPT WHAT THEY SAY AND THE WEIGHT YOU
10:11:33 GIVE IT HAS TO BE RELEVANT AND MATERIAL.
10:11:35 OF COURSE, BOTH SIDES WILL HAVE THE OPPORTUNITY TO
10:11:38 ADDRESS ANYTHING THAT THE PUBLIC SAYS ON THEIR SUMMATION
10:11:43 AND REBUTTAL.
10:11:44 IN BEST PRACTICE, SIR, I BELIEVE IT IS IN BEST INTEREST
10:11:47 TO HEAR THE PUBLIC SPEAK.
10:11:49 >>ORLANDO GUDES: THANK YOU, SIR.
10:11:51 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER.
10:11:53 >>JOHN DINGFELDER: JUST A LITTLE FURTHER ON COUNCILMAN
10:11:58 GUDES' COMMENTS.
10:12:00 MR. SHELBY, JUST FOR ARGUMENT SAKE, IF FOLKS IN THE
10:12:06 COMMUNITY HAVE CERTAIN FEELINGS ABOUT IF THE GOVERNOR
10:12:12 ORDER, THE MAYOR'S ORDER, THE COUNTY'S ORDER, WE DIDN'T
10:12:17 PASS THESE ORDERS.
10:12:21 WE'RE HERE ON A VERY SPECIFIC CRITERIA OF WHETHER OR NOT
10:12:23 THE ORDERS WERE FOLLOWED PURSUANT TO THE VARIOUS CODES
10:12:26 THAT WE'RE LOOKING AT TODAY.
10:12:28 BUT IN REGARD TO THAT BIG-PICTURE ISSUE OF WHETHER OR NOT
10:12:33 PEOPLE IN THE COMMUNITY THINK IT'S A GOOD RULE OR GOOD
10:12:36 ORDER OR BAD ORDER, GOOD LAW, WHAT HAVE YOU, IS IT FAIR
10:12:40 TO SAY THAT THAT'S NOT REALLY RELEVANT TO WHAT WE'RE
10:12:45 DOING HERE TODAY?
10:12:46 >>MARTIN SHELBY: THAT'S EXACTLY CORRECT, SIR.
10:12:48 THE QUESTION IS RELEVANCY.
10:12:50 WHAT YOU'RE ASKED TO DECIDE IN THIS CASE IS NOT THE
10:12:53 CONSTITUTIONALITY OF A GOVERNOR'S ORDER.
10:12:56 FRANKLY, IF SOMEONE WERE TO CHALLENGE IT, THEY NEED TO
10:12:58 HAVE TWO THINGS.
10:13:00 NUMBER ONE IS THE PROPER FORUM TO BE ABLE TO DO THAT AND
10:13:03 THE STANDING TO BE ABLE TO DO THAT.
10:13:05 AND THAT IS SOMETHING THAT THIS COUNCIL PROVIDES NEITHER
10:13:10 OF.
10:13:11 >>JOHN DINGFELDER: I JUST WANT TO URGE PEOPLE AND
10:13:14 EVERYBODY -- MR. SHELBY SAID EVERYBODY HAS A RIGHT TO
10:13:17 SPEAK AND THAT'S FINE.
10:13:19 I WANT TO URGE PEOPLE NOT TO WASTE YOUR TIME AND NOT TO
10:13:22 WASTE OUR TIME TELLING US ABOUT HOW YOU FEEL ABOUT THE
10:13:26 GOVERNOR'S ORDER.
10:13:27 WE CAN'T EVEN OPINE HOW WE FEEL ABOUT THE GOVERNOR'S
10:13:30 ORDER OR THE MAYOR'S ORDER BECAUSE THAT'S IRRELEVANT.
10:13:34 WE'RE JUST OPERATING UNDER THOSE ORDERS.
10:13:36 THANK YOU, MR. CHAIRMAN.
10:13:38 >>MARTIN SHELBY: THANK YOU, COUNCILMAN.
10:13:40 THANK YOU VERY MUCH FOR BRINGING THIS UP AT THIS TIME
10:13:41 BECAUSE CERTAINLY YOU CANNOT CONSIDER EVIDENCE THAT'S NOT
10:13:47 RELEVANT TO YOUR DECISION.
10:13:49 IF YOU BASE THAT DECISION ON IRRELEVANT EVIDENCE, YOU
10:13:52 JEOPARDIZE WHATEVER DECISION YOU MAKE.
10:13:54 THAT'S A VERY GOOD POINT, COUNCILMAN DINGFELDER, AND I
10:13:57 APPRECIATE YOU DOING THAT.
10:13:58 ONE OTHER THING WITH REGARD TO RELEVANCY, THE ECONOMICS
10:14:01 OF IT IS NOT IN YOUR CRITERIA.
10:14:03 THE ECONOMIC EFFECT OF ONE THING OR THE OTHER IS NOT
10:14:06 RELEVANT TO YOUR DECISIONS IN THIS CASE.
10:14:08 YOU ARE FINDERS OF FACT.
10:14:10 WHAT HAPPENS IS WHEN YOU MAKE THE FINDINGS OF FACT,
10:14:12 YOU'RE PRESENTED WITH THE LAW, THE CODE OF ORDINANCES IN
10:14:15 THIS CASE, 27-318, AND YOU APPLY THOSE FACTS TO THE LAW
10:14:19 TO MAKE A DETERMINATION.
10:14:21 THANK YOU.
10:14:22 >>ORLANDO GUDES: MR. SHELBY, THAT'S WHY I RAISED THE
10:14:24 QUESTION.
10:14:24 I DON'T WANT A BUNCH OF PEOPLE MAKING PUBLIC COMMENT IF
10:14:28 IT DOESN'T HAVE RELEVANCY TO THIS PERSON'S CASE AND THIS
10:14:33 HEARING IS BASED ON A VIOLATION OF THE ORDINANCE.
10:14:35 HAVE A BUNCH OF PEOPLE SPEAKING ON BEHALF OF THEIR
10:14:37 OPINION OR MY OPINION ABOUT THE MAYOR'S ORDER, WE MAY NOT
10:14:40 AGREE WITH THE ORDER.
10:14:42 WE MAY NOT AGREE WITH A LOT OF THINGS.
10:14:43 OUR RELEVANCY TODAY IS TO DEAL WITH THE FACTS OF WHAT'S
10:14:46 BEING PRESENTED FOR THIS PARTICULAR CASE, PER SE?
10:14:53 >>MARTIN SHELBY: YES.
10:14:54 I BELIEVE IT'S WISE FOR COUNCIL TO MAKE THAT KNOWN TO THE
10:14:57 PUBLIC THAT THE ISSUES IN THIS CASE ARE THE FACTS AS
10:15:00 PRESENTED AND THE ORDINANCE UPON WHICH YOU MUST APPLY,
10:15:03 WHICH IS IN THIS CASE, 27-318.
10:15:05 IF THE PUBLIC CAN ADDRESS THOSE ISSUES, THEN THEY WOULD
10:15:09 BE ABLE TO APPLY RELEVANT INFORMATION THAT YOU MAY BE
10:15:12 ABLE TO USE.
10:15:12 OTHERWISE, IT'S NOT COMPETENT, SUBSTANTIAL EVIDENCE.
10:15:17 >>GUIDO MANISCALCO: ALL RIGHT.
10:15:18 I SEE THREE SPEAKERS AT THE KIOSK.
10:15:20 IF YOU'RE GOING TO SPEAK, PLEASE RAISE YOUR RIGHT HAND
10:15:25 AND WE'LL SWEAR YOU IN.
10:15:27 >> DO YOU SWEAR OR AFFIRM THAT YOU'LL TELL THE TRUTH, THE
10:15:29 WHOLE TRUTH AND NOTHING BUT THE TRUTH.
10:15:31 >> I DO.
10:15:31 >>GUIDO MANISCALCO: GO AHEAD AND STATE YOUR NAME.
10:15:33 >>THE CLERK: THE CLERK'S OFFICE DID NOT RECEIVE WRITTEN
10:15:37 COMMENTS FOR THIS ITEM.
10:15:38 >> MY NAME IS DR. JAMARIS GLENN.
10:15:41 I'M HERE WITH MY PARTNERS, KHALILAA MCDUFFIE AND
10:15:44 DR. VONDALYN WRIGHT, AND WE ARE THE OWNERS OF 7th +
10:15:48 GROVE IN YBOR CITY.
10:15:49 >>GUIDO MANISCALCO: THAT IS A COMPLETELY SEPARATE CASE.
10:15:52 >> THEY JUST CALLED US UP.
10:15:54 >>GUIDO MANISCALCO: WE'RE AT PURPLE HEART BAR LOUNGE AND
10:15:58 GRILL AND WE'LL GO TO 7th AND GROVE AFTER.
10:16:01 >>MARTIN SHELBY: IF YOU CAN BE SEATED THAT WILL BE THE
10:16:03 NEXT HEARING.
10:16:10 >>GUIDO MANISCALCO: LET'S SANITIZE THE LECTERN, AND THEN
10:16:12 WE'LL GO TO THE NEXT PUBLIC COMMENT SPEAKER.
10:16:15 ALL RIGHT.
10:16:36 NEXT SPEAKER.
10:16:37 YES, MA'AM.
10:16:43 PLEASE RAISE YOUR RIGHT HAND AND WE'LL SWEAR YOU IN.
10:16:48 [OATH]
10:16:53 >> MAURA CRUZ LANZ.
10:16:54 I'M HERE JUST ON BEHALF OF PUBLIC COMMENT.
10:17:00 I'M APPALLED AT THESE ORDINANCES.
10:17:04 I KNOW WHAT THE ATTORNEY SAID, WHETHER THE GOVERNOR'S
10:17:08 EXECUTIVE ORDER IS RELEVANT OR THE MAYOR'S ORDER IS
10:17:12 RELEVANT, BUT HERE, WE HAVE OUR MAYOR, JANE CASTOR, OKAY,
10:17:17 NOT WEARING A MASK IN PUBLIC AND NOT SOCIAL DISTANCING.
10:17:22 AND HERE SHE'S ASKING THE PUBLIC TO FOLLOW THESE RULES.
10:17:26 ALSO, I DON'T KNOW THAT COVID IS SO SMART THAT IF YOU'RE
10:17:32 SEATED AND EATING YOU'RE OKAY NOT TO WEAR THE MASK.
10:17:37 BUT IF YOU'RE STANDING AT A BAR DRINKING, IT'S NOT OKAY
10:17:41 FOR YOU NOT TO HAVE A MASK ON.
10:17:43 I THINK THESE RULES AND REGULATIONS ARE RIDICULOUS.
10:17:48 YOU ARE OUR CITY GOVERNMENT, AND YOU ARE RESPONSIBLE FOR
10:17:52 MAKING THINGS RELEVANT TO THE PUBLIC.
10:17:54 AND I BELIEVE THAT FLORIDA HAS NO MASK MANDATE, AND OUR
10:18:03 CITY DOES HAVE A MASK MANDATE.
10:18:06 BUT I BELIEVE THAT IT IS OVERREACHING IN WHAT IT'S DOING
10:18:13 TO OUR CITIZENS AND TO THE HARDEST HIT THROUGH COVID.
10:18:18 AND THIS IS MY PUBLIC COMMENT.
10:18:19 THANK YOU.
10:18:19 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
10:18:20 WE'LL SANITIZE THE LECTERN AND THEN HAVE THE NEXT
10:18:30 SPEAKER.
10:18:30 PLEASE RAISE YOUR RIGHT HAND AND WE'LL SWEAR YOU IN
10:18:45 [OATH]
10:18:47 >> YES, I DO.
10:18:48 >>GUIDO MANISCALCO: GO AHEAD, MA'AM.
10:18:49 YOU HAVE THREE MINUTES TO SPEAK.
10:18:50 >> MY NAME IS CHRISTINE QUINN.
10:18:53 I AM A U.S. CITIZEN AND THE CITIZEN OF THE STATE OF
10:18:55 FLORIDA.
10:18:56 I'M HERE ON BEHALF OF NOT QUITE UNDERSTANDING WHAT THIS
10:19:00 WHOLE CHARADE IS ALL ABOUT.
10:19:01 FIRST OF ALL, IF THESE ARE ORDINANCE VIOLATIONS, IT
10:19:04 SHOULD BE IN A COURT OF LAW.
10:19:06 I DON'T BELIEVE THAT ANY OF THE CITY COUNCILMEN OR PEOPLE
10:19:10 WE ELECTED, ARE THEY JUDGE, JURY AND THE ATTORNEYS?
10:19:13 DO THEY KNOW THE LAW?
10:19:14 DO THEY UNDERSTAND THE LAW?
10:19:16 THEY ARE SUPPOSED TO BE REPRESENTING THE BEST PUBLIC
10:19:18 HEALTH FOR OUR COMMUNITY, AND THIS IS NOT THE BEST PUBLIC
10:19:22 HEALTH FOR OUR COMMUNITY.
10:19:23 OUR STUDENTS ARE SUFFERING.
10:19:24 OUR BUSINESSES ARE SUFFERING.
10:19:26 THIS NEEDS TO BE DONE IN A COURT OF LAW.
10:19:28 WE DID NOT GET ENOUGH TIME TO PREPARE.
10:19:30 WE SHOULD HAVE HAD A 24-HOUR NOTICE.
10:19:33 I GUESS IT HAD TO BE IN BUSINESS HOURS, WHICH IT WASN'T
10:19:36 PRESENTED THAT WAY.
10:19:37 WE NEED TO CONTINUE THIS NO MATTER WHAT SO THAT MORE
10:19:40 PEOPLE CAN COME DOWN HERE.
10:19:41 THE PUBLIC CAN BE MORE AWARE OF WHAT THE CITY COUNCIL,
10:19:45 WHICH IS COMPLETELY AND TOTALLY OVERSTEPPING THEIR
10:19:47 BOUNDARIES.
10:19:48 THEY DON'T HAVE THE LAW BEHIND THEM TO EVEN BE DOING THIS
10:19:52 AGAINST A BUSINESSMAN.
10:19:54 WE ARE HAVING SEX TRAFFICKING, RAPES, MURDERS, ALL KINDS
10:19:57 OF OTHER THINGS GOING ON IN OUR COMMUNITY AND THE SAFETY
10:20:00 OF OUR CHILDREN GETTING BACK TO SCHOOL AND YOU'RE WORRIED
10:20:02 ABOUT IF ONE PERSON WAS STANDING THAT DIDN'T HAVE A MASK
10:20:06 OR IF SOMEONE WAS SITTING.
10:20:08 THIS HAS GOT TO BE THE MOST INTELLIGENT VIRUS THAT'S EVER
10:20:11 GONE AROUND IF IT KNOWS WHEN SOMEONE IS SITTING,
10:20:14 STANDING, EATING OR HAS A MASK ON.
10:20:16 AND JUST TO BE CLEAR, I'M OSHA CERTIFIED IN MASK
10:20:20 MANDATES.
10:20:21 AND THE CITY WOULD HAVE TO HAVE A COMPREHENSIVE WRITTEN
10:20:24 PLAN FOR MASK MANDATE.
10:20:26 THE CITY WOULD HAVE TO MAKE SURE THAT EVERY EMPLOYEE WENT
10:20:29 TO A DOCTOR HAD A PHYSICAL, THAT THOSE MASKS WERE FITTED,
10:20:34 WOULD BE A -- THE N95, THEY WOULD HAVE TO BE FITTED AND
10:20:39 CHANGED EVERY TIME THEY TOUCHED THEM.
10:20:41 THEY WOULD ALSO HAVE TO HAVE A COMPREHENSIVE LOG EVERY
10:20:44 TIME THAT THE EMPLOYEE WAS MANDATED TO WEAR THAT MASK,
10:20:47 THEY WOULD HAVE TO TAKE THEIR OXY METER, HAVE THEM SIGN
10:20:51 IT AND INITIAL THE TIME AND DATE AND EVERY 30 MINUTES
10:20:55 CHECK THEIR OXYGEN LEVEL.
10:20:57 IF IT DROPS BELOW 91, THAT CAN PUT SOMEONE IN SEVERE
10:21:01 DANGER OF ORGAN FAILURE.
10:21:04 I HAVE 139 PAGES OF WHY MASKS ARE SO DANGEROUS AND WHY
10:21:09 EMPLOYEES SHOULD NOT BE MANDATING MASKS WITHOUT
10:21:14 KNOWLEDGE, WITHOUT DOCTOR'S PERMISSION AND WITHOUT
10:21:16 MONITORING EACH INDIVIDUAL EMPLOYEE AS THEY WEAR THAT
10:21:21 MASK.
10:21:21 I WANT TO KNOW, IS THE CITY COUNCIL DOING THAT?
10:21:24 IS THE MAYOR DOING THAT?
10:21:25 ARE THE POLICE OFFICERS, CITY COUNCIL, ALL OF THE CITY
10:21:29 EMPLOYEES, TRASH COLLECTORS, EVERYONE, HAVE THEY SAT DOWN
10:21:33 AND GONE THROUGH THIS 139-PAGE MANDATE OF HEALTH, SAFETY,
10:21:39 RISK INVOLVED IN WEARING A MASK?
10:21:41 OXYGEN RESTRICTION IS NOT GOOD FOR THE HEALTH.
10:21:44 THAT'S MY COMMENT.
10:21:46 PEOPLE NEED TO GO LOOK IT UP.
10:21:48 OSHA ACT OF 1970.
10:21:50 IT'S VERY SPECIFIC.
10:21:51 I THINK EVERYBODY NEEDS TO BE AWARE OF IT AND UNDERSTAND
10:21:54 THE DANGERS OF WEARING A MASK.
10:21:56 THANK YOU.
10:21:56 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
10:21:57 >>MARTIN SHELBY: I'M SORRY.
10:21:58 BEFORE YOU LEAVE, MA'AM.
10:22:00 JUST TO CONFIRM, THERE WAS A QUESTION AS TO WHETHER YOU
10:22:02 WERE SWORN.
10:22:02 >>GUIDO MANISCALCO: YES, SHE WAS.
10:22:04 THANK YOU VERY MUCH, MA'AM.
10:22:07 >> THANK YOU.
10:22:27 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
10:22:27 IF YOU COULD RAISE YOUR RIGHT HAND, WE'LL SWEAR YOU IN.
10:22:31 [OATH]
10:22:34 >> I DO.
10:22:34 >>THE CLERK: THANK YOU.
10:22:37 >>GUIDO MANISCALCO: GO AHEAD, SIR.
10:22:38 YOU HAVE THREE MINUTES.
10:22:40 >> MY NAME IS JASON KIMBALL.
10:22:44 I HONESTLY CAN'T BELIEVE WE'VE ARRIVED AT THIS POINT.
10:22:47 I JUST WANT TO START OFF BY REMARKING ON SOME OF THE
10:22:50 COMMENTS FROM THE CITY COUNCIL ATTORNEY, MARTIN SHELBY.
10:22:55 IT'S OUTRAGEOUS, HONESTLY, THE COMMENTS THAT HE MADE
10:22:59 PREFACING THIS PUBLIC COMMENT.
10:23:02 YOU GUYS ARE ALL ELECTED OFFICIALS.
10:23:03 WHAT YOU HAVE TO TAKE INTO CONSIDERATION IS HOW YOUR
10:23:07 CONSTITUENTS FEEL AND HOW WE EXPECT YOU TO REPRESENT US.
10:23:10 AND THIS ATTEMPT TO OVERSTEP YOUR AUTHORITY IS
10:23:15 OUTRAGEOUS.
10:23:16 THE PUBLIC DOESN'T SUPPORT IT.
10:23:18 YOU GUYS ARE BRINGING ATTENTION ON YOURSELVES FROM PEOPLE
10:23:20 WHO NEVER KNEW WHEN THE CITY COUNCIL MET, WHO THE CITY
10:23:23 COUNCIL MEMBERS ARE.
10:23:24 YOU GUYS ARE BRINGING ALL THIS SCRUTINY AND ATTENTION ON
10:23:28 YOURSELVES BECAUSE THE PUBLIC DOES NOT AGREE WITH WHAT
10:23:32 YOU ARE DOING.
10:23:32 THESE BUSINESSES, THEY CAN POST A SIGN SAYING, HEY,
10:23:37 PLEASE WEAR A MASK.
10:23:38 THEY CAN ALSO ASSUME ANYBODY NOT WEARING A MASK HAS AN
10:23:42 EXEMPTION.
10:23:43 WHAT YOU GUYS ARE TRYING TO DO TO THESE BUSINESSES THAT
10:23:46 ARE OUT THERE EMPLOYING PEOPLE TRYING TO SURVIVE IS
10:23:51 OUTRAGEOUS.
10:23:52 I DON'T KNOW WHO AGREES WITH IT.
10:23:53 I'M SURE THERE ARE SOME, BUT NO ONE BELIEVES THAT YOU
10:23:57 SHOULD BE ABLE TO FORCE THESE GUYS TO COMPLY WITH THESE
10:24:01 MANDATES OR SHUT DOWN PERMANENTLY, THEY ARE DONE.
10:24:05 I UNDERSTAND THAT YOU'RE NOT TECHNICALLY SHUTTING THEM
10:24:07 DOWN.
10:24:07 YOU'RE JUST MAKING IT SO THEY CAN'T MAKE MONEY AND
10:24:10 OPERATE AND THEY END UP GOING BANKRUPT, GOING OUT OF
10:24:14 BUSINESS.
10:24:15 THIS IS JUST A REALLY SAD STATE OF AFFAIRS RIGHT HERE.
10:24:18 WE'RE GOING TO BE PAYING CLOSE ATTENTION.
10:24:20 ALL OF THE LOCAL FREEDOM GROUPS IN OUR AREA ARE PAYING
10:24:24 CLOSE ATTENTION TO WHAT THE CITY COUNCIL IS DOING.
10:24:27 I WOULD STRONGLY URGE YOU GUYS TO NOT BE SO HEAVY HANDED
10:24:31 WITH BUSINESSES.
10:24:32 IF YOU GUYS HAVE YOUR PERSPECTIVE, AND YOU WANT
10:24:34 BUSINESSES TO LISTEN TO YOU, THEN FINE.
10:24:36 CALL A MEETING WITH THEM.
10:24:39 TALK TO THEM ON THE PHONE, DO WHATEVER YOU HAVE TO DO TO
10:24:42 COMMUNICATE YOUR PERSPECTIVE, FOR ENFORCING THIS ON
10:24:48 BUSINESSES IS JUST WRONG.
10:24:50 I DON'T KNOW IF YOU GUYS ARE TRYING TO HAVE A TRIAL HERE.
10:24:52 BUT THIS IS SOMETHING THAT A COURT SHOULD DECIDE, AND
10:24:55 THEN IF A BUSINESS IS FOUND TO BE NONCOMPLIANT, THEN YOU
10:24:59 GUYS CAN GO FROM THERE AS FAR AS ENFORCEMENT ACTIONS GO.
10:25:03 YOU GUYS SHOULD NOT BE TAKING ENFORCEMENT ACTION AGAINST
10:25:06 BUSINESSES THAT ARE TRYING TO SERVE THE COMMUNITY AND
10:25:08 EMPLOY TAMPA RESIDENTS.
10:25:09 THANK YOU.
10:25:10 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
10:25:11 NEXT SPEAKER, PLEASE.
10:25:28 PLEASE RAISE YOUR HAND AND WE'LL SWEAR YOU IN.
10:25:36 [OATH]
10:25:41 >> YES.
10:25:43 >>GUIDO MANISCALCO: PLEASE STATE YOUR NAME.
10:25:45 YOU HAVE THREE MINUTES.
10:25:46 >> ALLEY MARIE.
10:25:47 FOUNDER OF MOMS FOR FREEDOM, A GRASSROOTS MOVEMENT THAT
10:25:49 WORKS CLOSELY WITH OTHER FREEDOM GROUPS AND COMMUNITIES
10:25:52 THROUGHOUT THE STATE.
10:25:54 I AM HERE IN SUPPORT OF THESE SMALL BUSINESSES THAT ARE
10:25:56 HERE TODAY AND THROUGHOUT TAMPA THAT HAVE BEEN VICTIMS OF
10:25:59 YOUR POLITICAL GAMES.
10:26:00 IT SEEMS AS THOUGH MAYOR CASTOR AND YOU, CITY COUNCIL,
10:26:04 WHICH ARE ELECTED PUBLIC SERVANTS WHO TOOK AN OATH TO
10:26:07 UPHOLD AND PROTECT THE CONSTITUTION ARE OPERATING OUTSIDE
10:26:10 OF YOUR AUTHORITY.
10:26:12 SEE, WHEN GOVERNMENT OPERATES OUTSIDE THE CONSENT OF THE
10:26:16 PEOPLE, GOVERNMENT BECOMES UNJUST.
10:26:19 THESE PEOPLE YOU SEE BEFORE YOU ARE NOT GIVING YOU
10:26:22 CONSENT TO YOUR OVERREACH OF BUSINESS BIAS.
10:26:26 SMALL BUSINESSES ARE THE BACKBONE OF ANY CITY, AND TAMPA
10:26:31 IS NO DIFFERENT.
10:26:32 USING COERCION, FEAR, AND PUNISHMENT LIKE WE ARE YOUR
10:26:38 SUBJECT AND NOT YOUR EMPLOYERS, IS NOT ONLY UNETHICAL BUT
10:26:43 UNCONSTITUTIONAL.
10:26:44 YOU ARE USING CODE ENFORCEMENT THAT DOESN'T TAKE INTO
10:26:48 CONSIDERATION THE EXEMPTIONS THAT EXIST, THAT ARE
10:27:00 ESCORTED BY POLICE, USING TAXPAYER MONEY TO ENFORCE
10:27:04 UNCONSTITUTIONAL EXECUTIVE ORDERS, THAT WHICH ARE NOT
10:27:08 LAW, AND ONLY TO SMALL BUSINESSES IN YBOR AND SOHO.
10:27:12 SO IT SEEMS AS THOUGH THERE IS SOME KIND OF UNETHICAL
10:27:16 ATTACK ON SMALL BUSINESSES AND THE PEOPLE THAT USE THESE
10:27:20 SMALL BUSINESSES IN EVERYDAY LIFE AND AROUND OUR
10:27:23 COMMUNITIES.
10:27:24 IF YOU CANNOT OR WILL NOT STAND BY YOUR OATH TO UPHOLD
10:27:28 AND PROTECT THE CONSTITUTION AND DO WHAT IS BEST FOR ALL
10:27:30 THE PEOPLE IN TAMPA, THEN WE KINDLY -- YOU NEED TO KINDLY
10:27:35 VACATE YOUR SEAT AND WE WILL FIND OTHER PEOPLE TO FILL IT
10:27:38 FOR YOU.
10:27:39 THANK YOU.
10:27:55 >>GUIDO MANISCALCO: NEXT SPEAKER.
10:27:56 PLEASE RAISE YOUR RIGHT HAND.
10:28:03 WE WILL SWEAR YOU IN AND YOU HAVE THREE MINUTES TO SPEAK
10:28:06 AFTER YOU STATE YOUR NAME.
10:28:07 >>THE CLERK: DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY
10:28:10 THAT YOU'RE GOING TO GIVE IS THE TRUTH, THE WHOLE TRUTH
10:28:12 AND NOTHING BUT THE TRUTH?
10:28:14 >> I DO.
10:28:16 >>THE CLERK: THANK YOU.
10:28:16 >>GUIDO MANISCALCO: GO AHEAD, SIR.
10:28:17 PLEASE STATE YOUR NAME AND YOU HAVE THREE MINUTES.
10:28:20 >> MIKE HAYS.
10:28:21 I JUST HAVE A COUPLE OF COMMENTS.
10:28:23 FIRST OF ALL, THE COMMENTS BEFORE WE CAME UP TO SPEAK I
10:28:27 FELT THEY ARE PATHETIC.
10:28:31 THE IDEA THAT YOU'RE JUST DOING YOUR JOB, IT'S OKAY TO
10:28:37 DESTROY A BUSINESS AND TRYING TO WASH YOUR HANDS OF IT
10:28:41 SAYING, WELL, YOU KNOW, THIS IS WHAT WE'VE BEEN TOLD, SO
10:28:44 WE HAVE TO DO IT.
10:28:46 THE COMMENTS FROM THE PUBLIC ARE IRRELEVANT.
10:28:49 I THINK THAT WAS THE EXACT WORD THAT WAS USED.
10:28:51 THAT'S PRETTY PATHETIC.
10:28:54 I THINK YOU SHOULD BE ASHAMED OF YOURSELVES.
10:28:58 IT'S A DISGRACE TO OUR CITY.
10:29:00 A COUPLE OF COMMENTS I WANT TO MAKE, I WANT TO POINT OUT
10:29:03 THE FACT, DR. FAUCI HIMSELF SAID THERE'S NO REASON TO BE
10:29:08 WALKING AROUND WITH A MASK.
10:29:09 WHEN YOU'RE IN THE MIDDLE OF AN OUTBREAK, WEARING A MASK
10:29:11 MIGHT MAKE PEOPLE FEEL A LITTLE BIT BETTER AND IT MIGHT
10:29:14 EVEN BLOCK A DROPLET BUT IT'S NOT PROVIDING THE PERFECT
10:29:17 PROTECTION PEOPLE THINK IT IS.
10:29:19 OFTEN, THERE ARE UNINTENDED CONSEQUENCES.
10:29:21 SECONDLY, I WANT TO POINT OUT THAT THIS IS STRAIGHT FROM
10:29:26 THE CDC.GOV WEBSITE.
10:29:29 IN 2018, QUOTE, GLOBALLY, TUBERCULOSIS IS THE LEADING
10:29:34 CAUSE OF DEATH BY AN INFECTIOUS DISEASE.
10:29:36 IN 2018, AN ESTIMATED 10 MILLION PEOPLE BECAME ILL OF
10:29:40 TUBERCULOSIS AND 1.5 MILLION PEOPLE DIED.
10:29:43 DID WE HEAR ABOUT ANY OF THAT?
10:29:46 DID WE HAVE MASKS?
10:29:47 WERE WE SHUT DOWN?
10:29:48 WERE SCHOOLS SHUT DOWN?
10:29:50 DID YOU GO AROUND SHUTTING DOWN BUSINESSES?
10:29:52 NO, YOU DIDN'T HEAR ABOUT IT.
10:29:54 WHY?
10:29:55 BECAUSE IT'S NOT ABOUT PUBLIC HEALTH.
10:29:56 IT'S ABOUT CONTROL.
10:29:58 IT'S ABOUT POWER, AND IT'S ABOUT MONEY.
10:30:01 I THINK EVERYBODY KNOWS THAT DEEP DOWN.
10:30:02 YOU ALSO KNOW THAT IT'S ABSURD TO THINK THAT WALKING,
10:30:07 PUTTING ON A MASK AND WALKING INTO A RESTAURANT AND THEN
10:30:10 SITTING DOWN IS SOMEHOW GOING TO PROTECT YOU IF YOU TAKE
10:30:13 THE MASK OFF ONCE YOU SIT DOWN AND SOMEHOW IT KNOWS TO
10:30:17 NOT GET -- NOT TO BE INFECTIOUS WHEN YOU STAND UP.
10:30:21 OR, EXCUSE ME, WHEN YOU SIT DOWN.
10:30:24 WE ALL KNOW IT'S RIDICULOUS.
10:30:25 YOU KNOW DEEP DOWN IT'S RIDICULOUS.
10:30:27 THESE LAWS ARE RIDICULOUS.
10:30:28 I WANT TO POINT OUT ANOTHER THING.
10:30:30 SOME PEOPLE MAY NOT BE AWARE.
10:30:33 ORDER OF THE HILLSBOROUGH COUNTY BOARD OF COUNTY
10:30:36 COMMISSIONERS AMENDING THE WEARING OF PROTECTIVE FACE
10:30:39 COVERINGS ORDER AS PREVIOUSLY AMENDED ON JULY 6, 2020 AND
10:30:44 AUGUST 14, 2020.
10:30:45 IT'S ON 9-C.
10:30:48 YOU CAN LOOK IT UP.
10:30:49 PERSONS FOR WHOM A FACE COVERING WOULD CAUSE IMPAIRMENT
10:30:52 DUE TO AN EXISTING HEALTH CONDITION.
10:30:54 NO BUSINESS OPERATOR OR EMPLOYEE SHALL ASK A PERSON NOT
10:30:57 WEARING A FACE COVERING PURSUANT TO THE EXEMPTION TO
10:31:00 IDENTIFY A SPECIFIC HEALTH CONDITION OR SUPPLY
10:31:03 DOCUMENTATION THEREOF.
10:31:05 NOR SHALL ANY BUSINESS OPERATOR OR EMPLOYEE DENY SUCH A
10:31:08 PERSON ADMITTANCE OR SERVICE BECAUSE HE OR SHE IS NOT
10:31:12 WEARING A FACE COVERING.
10:31:13 I'D LOVE TO KNOW IF THESE VIOLATIONS, IF YOU WENT UP THE
10:31:19 CODE ENFORCEMENT PEOPLE WHO ARE A DISGRACE AND SHOULD BE
10:31:23 ASHAMED OF THEMSELVES, IF THEY WALKED UP --
10:31:26 >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR.
10:31:27 >> -- AND ASKED, ARE YOU EXEMPT?
10:31:30 ARE YOU EXEMPT?
10:31:32 I HIGHLY DOUBT THEY ASK THAT.
10:31:34 >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR.
10:31:36 >> THANK YOU.
10:31:55 >>GUIDO MANISCALCO: NEXT SPEAKER.
10:31:57 IF YOU COULD RAISE YOUR RIGHT HAND, WE'LL SWEAR YOU IN.
10:32:04 >>THE CLERK: DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY
10:32:06 YOU'RE GOING TO GIVE IS THE TRUTH, THE WHOLE TRUTH AND
10:32:09 NOTHING BUT THE TRUTH?
10:32:10 >> CERTAINLY, YES.
10:32:11 >>THE CLERK: THANK YOU.
10:32:11 >>GUIDO MANISCALCO: PLEASE STATE YOUR NAME, SIR.
10:32:13 YOU HAVE THREE MINUTES.
10:32:14 >> DAVID WILLIAMS.
10:32:15 THANK YOU.
10:32:16 FIRST OF ALL, I'D LIKE TO JUST POINT OUT THAT THERE'S
10:32:22 MORE IMPORTANT THINGS FOR THE CITY COUNCIL TO BE LOOKING
10:32:26 AT BEFORE THIS.
10:32:27 THIS IS SILLY.
10:32:30 THIS IS JUST SILLINESS.
10:32:32 NO COMMON SENSE WHATSOEVER.
10:32:34 COVID IS REALLY NOT THAT BAD.
10:32:38 WE'VE LEARNED A LOT IN THE LAST YEAR.
10:32:40 IT'S NOTHING BUT JUST A COLD.
10:32:44 A FEW DAYS AND WE'RE OVER IT.
10:32:46 SOME PEOPLE WILL GET SICK, BUT MOST PEOPLE, LIKE 99.5%
10:32:54 SURVIVE WITHOUT ANY DIFFICULTY.
10:32:55 CITY COUNCIL MUST AND MUST USE COMMON SENSE WHEN
10:33:03 APPROACHING SOME OF THESE SILLY LITTLE MANDATES.
10:33:07 THESE BUSINESSES AND THESE BARS HAVE BEEN WARNED, BUT DO
10:33:13 NOT -- DO NOT FIND THE BARS -- DO NOT FINE THE BARS.
10:33:19 THE BARS HAVE COMPLIED WITH YOUR REQUEST BY MAKING
10:33:23 ANNOUNCEMENTS, BY HANDED OUT $5,000 WORTH OF MASKS, AS
10:33:29 MR. NORATES MENTIONED.
10:33:32 HE BOUGHT OVER A THOUSAND MASKS AT $5 APIECE.
10:33:36 THAT'S A CHUNK.
10:33:39 MORE THAN A SMALL BUSINESS CAN FEASIBLY HANDLE.
10:33:46 IF YOU'RE GOING TO DO ANY FINES, FINE THE INDIVIDUAL
10:33:49 WHO'S VIOLATING, NOT THE BUSINESS.
10:33:53 DO NOT CHARGE THIS BUSINESS OR ANY OF THESE BUSINESSES
10:34:00 THAT ARE ON THE AGENDA TODAY OR ANY OF THE OTHER
10:34:03 BUSINESSES THAT MAY COME UNDER COMPLIANCE PROBLEMS IN THE
10:34:07 FUTURE.
10:34:08 GO AFTER THE INDIVIDUAL AND CORRECT THEM, HAVE THEM PUT
10:34:12 ON THE MASK.
10:34:15 THE BARS HAVE DONE AND THE SMALL BUSINESSES HAVE DONE
10:34:17 WHAT THEY CAN DO BY MAKING ANNOUNCEMENTS.
10:34:20 OTHERWISE, IF THEY BECOME THE FACE MASK ENFORCERS, THEN
10:34:30 THEY ARE DISRUPTING THE PLEASURE OF THE INDIVIDUAL AT
10:34:35 THEIR BUSINESS.
10:34:37 AND BUSINESSES DON'T WANT TO DO THAT.
10:34:40 INSTEAD OF GOING AFTER THE BUSINESS, FINE THE INDIVIDUAL
10:34:47 OR HAVE THEM TRY TO CORRECT THEIR BEHAVIOR.
10:34:50 MY RECOMMENDATION IS THAT YOU DROP ALL CHARGES TODAY FOR
10:34:55 ALL FOUR OF THESE ON THE AGENDA AND FOR ALL FUTURE ANY
10:34:59 OTHER TYPE OF VIOLATIONS ON ANY OF THIS -- FOR ANY OF THE
10:35:05 SMALL BUSINESSES.
10:35:06 THANK YOU.
10:35:07 >>GUIDO MANISCALCO: THANK YOU VERY MUCH, SIR.
10:35:10 [ APPLAUSE ]
10:35:20 >>JOHN DINGFELDER: MR. CHAIRMAN, DO WE HAVE A SENSE OF
10:35:22 HOW MANY FOLKS?
10:35:23 >>GUIDO MANISCALCO: ONE MORE PERSON.
10:35:25 GO AHEAD.
10:35:27 PLEASE RAISE YOUR RIGHT HAND.
10:35:29 WE'LL SWEAR YOU IN.
10:35:30 YOU'LL HAVE THREE MINUTES TO SPEAK.
10:35:34 >> DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU ARE
10:35:37 GOING TO GIVE IS THE TRUTH, WHOLE TRUTH AND NOTHING BUT
10:35:40 THE TRUTH?
10:35:41 >> I DO.
10:35:42 >> MY NAME IS VANESSA VAZQUEZ.
10:35:45 I'M HERE AS A CONCERNED CITIZEN OF THIS CITY.
10:35:48 IT IS TRULY APPALLING TO SEE THIS PROCEDURE, THIS
10:35:52 KANGAROO COURT THAT YOU GUYS HAVE SET UP HERE IS
10:35:56 RIDICULOUS.
10:35:57 IT'S SHAMEFUL TO SEE THAT YOU GUYS ARE SPECIFICALLY
10:36:02 WEAPONIZING THIS COVID PANDEMIC TO TARGET THESE SMALL
10:36:05 BUSINESSES IN OUR COMMUNITY.
10:36:06 IT PERSONALLY FEELS LIKE AN ATTACK ON ALL OF US WHEN YOU
10:36:11 ATTACK OUR SMALL BUSINESSES.
10:36:13 YES, ALL EYES ARE ON YOU GUYS RIGHT NOW.
10:36:17 WE THE PEOPLE OF TAMPA ARE WATCHING EACH AND EVERY ONE OF
10:36:19 YOU MAKING THESE DECISIONS, AND WE ARE APPALLED AND WE
10:36:22 WILL NOT STAND FOR IT.
10:36:24 THIS IS RIDICULOUS, AND I CANNOT BELIEVE IT.
10:36:28 IT'S TRULY SAD THAT THIS IS A STATE OF AFFAIRS THAT WE
10:36:31 ARE IN.
10:36:32 BECAUSE THESE BUSINESSES DO NOT WANT TO POLICE THEIR
10:36:35 CUSTOMERS.
10:36:38 PLEASE, RECONSIDER.
10:36:40 THIS IS SAD.
10:36:42 THIS IS UNACCEPTABLE AND UNCONSTITUTIONAL, AND YOU GUYS
10:36:46 KNOW IT.
10:36:47 SEARCH YOURSELVES.
10:36:49 SEARCH YOUR HEARTS.
10:36:50 TO DESTROY THE LIVELIHOODS OF THESE BUSINESS OWNERS, FOR
10:36:54 WHAT?
10:36:54 THANK YOU.
10:36:57 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
10:36:58 ALL RIGHT.
10:37:06 IF THERE'S NO OTHER PUBLIC COMMENT AT THIS TIME, IF WE
10:37:09 CAN GO TO THE RESPONDENT'S REBUTTAL AND THEN WE HAVE THE
10:37:12 CITY'S REBUTTAL.
10:37:13 THIS WOULD CONCLUDE THIS HEARING AND WE CAN GO TO ACTION
10:37:17 AND DISCUSSION.
10:37:18 THE RESPONDENT FIRST.
10:37:21 YES, SIR.
10:37:27 >>MIKE NELSON: MIKE NELSON AGAIN.
10:37:30 I GUESS I'M HERE IN TWO CAPACITIES, THE ATTORNEY FOR
10:37:33 PURPLE HEART AND ALSO LANDOWNER.
10:37:36 THE HEARING OR MEETING STARTED WITH THE FIRST CITY
10:37:40 ATTORNEY TELLING US THAT ALL THESE PEOPLE WERE WARNED.
10:37:44 THERE IS ZERO EVIDENCE THAT THERE WAS EVER ANY WARNING.
10:37:48 IN FACT, THE EVIDENCE IS THE FIRST TIME WE HEARD FROM
10:37:51 CODE ENFORCEMENT IS OUR FIRST VIOLATION.
10:37:54 THAT'S DECEMBER 18th.
10:37:55 WHILE IT MIGHT NOT BE A LEGAL REQUIREMENT TO GIVE A
10:37:59 WARNING, FUNDAMENTAL FAIRNESS WOULD REQUIRE, ESPECIALLY
10:38:04 DEALING WITH A BRAND-NEW BUSINESS.
10:38:06 YOUNG MAN WORKS HARD.
10:38:08 SAVED MONEY, BUYS A BUSINESS.
10:38:09 THREE WEEKS AFTER HE BUYS IT, HERE COMES THE CITY TELLING
10:38:12 US THAT 80% OF OUR PATRONS HAD MASKS BUT 20% DID.
10:38:16 IF 100% ARE DRINKING, THEN, WHAT, 20% OF THE PEOPLE WITH
10:38:20 DRINKS THAT MIGHT BE STANDING.
10:38:22 NOW WE'RE ALSO HEARING THAT, IT'S OKAY TO STAND BY THE
10:38:25 DANCE FLOOR.
10:38:26 IT WASN'T BEFORE.
10:38:30 I'VE NEVER BEEN IN THIS PARTICULAR BAR WHEN IT WAS
10:38:33 OPERATING, BUT I THINK YOU CAN GO INTO A LOT OF BARS AND
10:38:37 FIND 20% OF THE PEOPLE THAT DON'T HAVE A MASK ON AT ANY
10:38:41 GIVEN TIME, ESPECIALLY WHEN THEY ARE DRINKING AND EATING
10:38:44 AND PEOPLE WERE STANDING.
10:38:46 IT'S A SMALL CLUB.
10:38:48 YOU HAVE TWO OR THREE PEOPLE OF EIGHT PEOPLE DRIVING TWO
10:38:53 CARS AND THEY ALL WALK INTO THE CLUB.
10:38:55 IT'S HARD TO THEN SOCIALLY SEPARATE THEM.
10:39:01 YOUNG MAN, ANYBODY TELLS YOU THAT THEY HAVEN'T TRIED TO
10:39:05 WORK AND HAVEN'T TRIED TO COMPLY AND HAVEN'T TRIED TO DO
10:39:09 THE RIGHT THING WITH HIS LIFE SAVINGS AT STAKE HERE.
10:39:13 THAT'S INCORRECT.
10:39:14 THEY ARE DOING EVERYTHING THEY CAN.
10:39:15 I WOULD ASK THAT YOU NOT IMPOSE ANY FINE IF THERE'S SOME
10:39:20 -- I DON'T EVEN KNOW WHAT THE LEVEL -- WE COULD PAY A
10:39:25 FINE, I'LL PAY IT.
10:39:26 BUT TO CLOSE THEM IS FUNDAMENTALLY JUST WRONG.
10:39:33 DID YOU WANT TO SAY ANYTHING, KEITH?
10:39:36 >> SO, YES, PRETTY MUCH I UNDERSTAND THE LAW AS FAR AS --
10:39:43 I JUST WANTED TO SAY THAT I DID EVERYTHING POSSIBLE THAT
10:39:47 I COULD.
10:39:50 EVERY WEEK GOT WORSE FOR ME.
10:39:52 I FELT LIKE I WAS HARASSED AT SOME POINTS.
10:39:57 I DID EVERYTHING IN MY POWER TO MAKE SURE THAT PATRONS
10:40:00 WERE SAFE, THAT MY EMPLOYEES WERE SAFE.
10:40:07 AS A NEW BUSINESS OWNER, ONLY IN BUSINESS ROUGHLY A
10:40:09 LITTLE OVER TWO MONTHS, I WAS VERY OVERWHELMED WITH
10:40:14 GETTING MY BUSINESS ON TRACK TO BE SOMEWHAT SUCCESSFUL
10:40:20 AND THEN GOT HIT WITH A CURVEBALL OF COVID, OF COURSE,
10:40:26 AND CODE ENFORCEMENT.
10:40:27 SO TRYING TO BUILD STRUCTURE.
10:40:29 TRYING TO DO RIGHT BY THE LAW AND THE CITY, I DID
10:40:36 EVERYTHING POSSIBLE.
10:40:36 I PUT THE SIGNS UP.
10:40:38 I MADE THE ANNOUNCEMENTS MY EMPLOYEES, THEY PROBABLY
10:40:46 HATED ME THE LAST TWO MONTHS, WELL, THE LAST MONTH
10:40:50 DEFINITELY.
10:40:50 WITH THE STRESS I PUT THEM THROUGH SO WE COULD STAY IN
10:40:53 BUSINESS.
10:40:53 WE'RE A SMALL BUSINESS.
10:40:55 WE CAN ONLY HOUSE LIKE 65 PEOPLE IN OUR ESTABLISHMENT.
10:40:59 SO CLOSING US DOWN WILL BE VERY DAMAGING TO ME.
10:41:05 I PUT MY LIFE SAVINGS INTO THIS.
10:41:08 IT WOULD DAMAGE ME AS A BUSINESS OWNER.
10:41:11 I'M A REALLY SMALL BUSINESS.
10:41:13 I CAN'T PUT 600 PEOPLE IN MY ESTABLISHMENT.
10:41:17 SO ALL I ASK IS THAT YOU UNDERSTAND AS A SMALL BUSINESS
10:41:24 OWNER THAT HAS PUT MY LIFE SAVINGS INTO THIS.
10:41:29 MY WIFE OF 22 YEARS HAD TO DEAL WITH THE STRESS I HAD TO
10:41:37 BRING HOME TO MY FAMILY OF PUTTING MY LIFE SAVINGS INTO
10:41:41 THIS TO KNOW THAT BEING SHUT DOWN, IT WOULD DOMINO EFFECT
10:41:48 US ON LOSING EVERYTHING.
10:41:51 I ASK YOU TO, IF YOU CAN DIG DEEP DOWN INSIDE TO
10:41:56 UNDERSTAND WHERE I'M COMING FROM.
10:41:58 I'M NOT A MILLIONAIRE.
10:41:59 I'M JUST TRYING TO PROVIDE FOR MY FAMILY.
10:42:02 THANK YOU.
10:42:02 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
10:42:03 NOW WE GO TO THE CITY'S REBUTTAL AT THIS POINT.
10:42:09 MS. JOHNSON VELEZ.
10:42:14 >>SUSAN JOHNSON-VELEZ: SENIOR ASSISTANT CITY ATTORNEY.
10:42:16 I WANT TO ADDRESS VERY BRIEFLY BECAUSE A COUPLE OF THE
10:42:18 FOLKS IN PUBLIC COMMENT TALKED ABOUT NOTICE.
10:42:21 WE DID SATISFY THE NOTICE REQUIREMENTS OF 27-318.
10:42:24 I WANT TO SAY THAT FOR THE RECORD, NOTIFY THE AB LICENSE
10:42:28 HOLDER AND THE PROPERTY OWNER AND THOSE ENTITIES OR
10:42:32 PERSONS WERE NOTIFIED IN ACCORDANCE WITH THE CODE FOR THE
10:42:37 HEARINGS.
10:42:37 I ALSO WANTED TO CLARIFY THAT YOUR PROCEEDINGS UNDER
10:42:40 27-318, IT'S NOT A COVID REGULATION.
10:42:44 IT IS, THOUGH, A HEALTH AND SANITATION, AS I SAID IN MY
10:42:47 EARLIER COMMENTS.
10:42:48 A HEALTH AND SANITATION REGULATION WHICH EVERY OWNER OF
10:42:52 AN AB ESTABLISHMENT MUST COMPLY WITH IN ACCORDANCE WITH
10:42:58 THEIR ALCOHOL BEVERAGE APPROVAL.
10:43:00 THAT'S WHAT 27-318 GIVES YOU ABILITY TO ADDRESS TODAY AND
10:43:04 CONSIDER IS THE SUSPENSION OF THE AB APPROVAL FOR FAILING
10:43:08 TO COMPLY WITH THE REQUIREMENTS OF THOSE APPROVALS.
10:43:12 SO SPECIFICALLY TO THIS CASE, THE MASK ORDERS THAT ARE IN
10:43:20 PLACE, BOTH THE CITY AND THE COUNTY, THEY ARE NOT MOVING
10:43:23 TARGETS.
10:43:23 THEY ARE ORDERS THAT HAVE BEEN IN PLACE FOR SOME NUMBER
10:43:26 OF MONTHS NOW, AND THE REQUIREMENTS HAVE BEEN THE SAME
10:43:28 FOR THE DURATION OF THE ORDER.
10:43:30 THIS IS A FAIRLY NEW ESTABLISHMENT, I UNDERSTAND, FROM
10:43:35 THE TESTIMONY, BUT THAT'S WHY WE CONSIDERED THAT FIRST
10:43:42 VISIT ON DECEMBER 18 AS PART OF THE EDUCATION PROCESS FOR
10:43:46 THIS FAIRLY NEW ESTABLISHMENT.
10:43:49 BUT YOU HEARD THE TESTIMONY OF INSPECTOR FREEMAN, THAT HE
10:43:52 SPENT A CONSIDERABLE AMOUNT OF TIME WITH MANAGEMENT ON
10:43:55 THAT DAY EDUCATING THEM AND TALKING TO THEM ABOUT THE
10:43:58 REQUIREMENT, THE REQUIREMENT THAT YOU MAKE THE
10:43:59 ANNOUNCEMENTS AND PUT THE SIGNAGE UP AND HAVE MASKS
10:44:02 AVAILABLE.
10:44:02 MAKE SURE YOUR EMPLOYEES ARE WEARING MASKS.
10:44:04 AGAIN, INSPECTOR FREEMAN TESTIFIED AND CONFIRMED THAT
10:44:08 FACT AND YET ON JANUARY 8th OF 2021, YOU HAD ALMOST THE
10:44:15 IDENTICAL VIOLATIONS THAT YOU HAD ON DECEMBER 18th, THE
10:44:19 DAY THAT THE INSPECTOR SPENT A CONSIDERABLE AMOUNT OF
10:44:22 TIME WITH MANAGEMENT, TELLING HIM THAT PATRONS ARE NOT
10:44:27 ALLOWED TO CONGREGATE IN THE BAR AREA OR IN OPEN SPACES
10:44:30 WITHIN THE ESTABLISHMENT WITHOUT A MASK.
10:44:32 AND YET ON JANUARY 8th, YOU HAD THE EXACT SAME
10:44:36 VIOLATION ON DECEMBER 18 IN THAT REGARD.
10:44:41 SIMILARLY, ON DECEMBER 18, THERE WERE EMPLOYEES THAT WERE
10:44:44 OBSERVED NOT WEARING MASKS, AND DESPITE THE INSPECTOR
10:44:50 FREEMAN'S EDUCATION EFFORTS ON DECEMBER 18, YOU HAD
10:44:54 EMPLOYEES AGAIN NOT WEARING MASKS ON JANUARY 8 OF 2021.
10:44:59 I THINK IT'S CLEAR AND THE CITY HAS ESTABLISHED THAT
10:45:02 DESPITE THE REASONABLE EFFORTS THAT THE CITY MADE TO MAKE
10:45:07 THE ESTABLISHMENT AWARE OF THE MASK REQUIREMENTS AND THE
10:45:13 MINIMUM REQUIREMENTS TO BE DEEMED TO HAVE MADE REASONABLE
10:45:17 EFFORT, THE ESTABLISHMENT FAILED TO MAKE THOSE REASONABLE
10:45:21 EFFORTS.
10:45:21 AND, AGAIN, YOU KNOW, WE'RE HERE AGAIN AS A LAST RESORT.
10:45:27 WE DON'T BRING THESE CASES AFTER A FIRST CITATION.
10:45:30 IN FACT, THIS IS THE SECOND CITATION, AND WE ONLY BROUGHT
10:45:34 THESE CASES TO YOU AFTER REPEATED VIOLATIONS, AT LEAST
10:45:38 TWO VIOLATIONS.
10:45:39 SO THE CITY HAS PROVED -- AND I BELIEVE THE OWNER
10:45:45 ACKNOWLEDGED THAT THERE WERE VIOLATIONS OF THE MASK
10:45:47 ORDERS AT HIS ESTABLISHMENT BOTH ON DECEMBER 18 AND
10:45:51 JANUARY 8 OF 2021.
10:45:53 BECAUSE OF THAT, DUE TO THAT, WE ASK COUNCIL TO FIND THAT
10:45:57 THERE WERE, IN FACT, VIOLATIONS OR THAT THE ESTABLISHMENT
10:46:00 FAILED TO FOLLOW THE HEALTH AND SANITATION REGULATIONS,
10:46:03 AND THAT THEY ARE THEREFORE IN VIOLATION OF SECTION
10:46:06 27-318-C-1-F.
10:46:09 AND WE ASK THAT THE CITY CONSIDER OR THE COUNCIL CONSIDER
10:46:15 SUSPENDING THE ABILITY TO SELL ALCOHOLIC BEVERAGES FOR
10:46:18 THREE DAYS FOR THIS ESTABLISHMENT.
10:46:20 I'M HAPPY TO ANSWER ANY QUESTIONS.
10:46:21 >>GUIDO MANISCALCO: ANY QUESTIONS.
10:46:22 COUNCILMAN GUDES?
10:46:23 >>ORLANDO GUDES: THIS BEING MY FIRST HEARING, I KNOW WE
10:46:27 HAD HEARINGS LAST WEEK, I READ THAT THERE WAS AN ORDER
10:46:30 SENT TO THE CIRCUIT JUDGE IN REFERENCE TO OUR AUTHORITY
10:46:32 IN REFERENCE TO THESE CASES.
10:46:34 I BELIEVE IT CAME BACK THAT THE JUDGE SAID WE HAVE THE
10:46:37 AUTHORITY TO DO THESE CASES, CORRECT?
10:46:39 >>SUSAN JOHNSON-VELEZ: THAT IS CORRECT.
10:46:40 THERE WERE WHAT'S CALLED PETITIONS FOR WRIT OF
10:46:43 PROHIBITION FOLLOWED BY NOT THIS ESTABLISHMENT, BUT
10:46:46 SEVERAL OTHER ESTABLISHMENTS WHO ARE SUBJECT TO THESE
10:46:48 NOTICES OF INTENT.
10:46:50 AND THE PETITIONS SOUGHT TO PROHIBIT OR A DECLARATION
10:46:53 FROM THE JUDGE PROHIBITING COUNCIL FROM HOLDING THESE
10:46:57 HEARINGS AND, IN FACT, ASKING THE JUDGE TO DECLARE THAT
10:47:00 CITY COUNCIL WAS REQUIRED TO WAIT UNTIL COUNTY COURT
10:47:04 ACTED ON THE CITATIONS, WHICH ARE THE REMEDIES OF FINE IN
10:47:10 THOSE CASES, AND THREE SEPARATE DIVISIONS OF THE CIRCUIT
10:47:14 COURT DETERMINED THAT CITY COUNCIL WAS NOT PRECLUDED FROM
10:47:19 HOLDING THE HEARINGS AND PREDETERMINATION, ANY TYPE OF
10:47:22 PREDETERMINATION BY THE COURT WAS NOT A PREREQUISITE FOR
10:47:26 COUNCIL TAKING ACTION UNDER 27-318.
10:47:30 >>ORLANDO GUDES: I ALWAYS LISTEN TO PUBLIC COMMENT WHEN
10:47:34 PEOPLE TALK ABOUT OUR AUTHORITY AND WHAT WE SHOULD OR
10:47:36 SHOULDN'T DO.
10:47:37 I THINK A LOT OF COUNCIL MEMBERS UP HERE ARE SMALL
10:47:39 BUSINESS OWNERS OURSELVES.
10:47:40 WE UNDERSTAND THE HURT AND THE CRUNCH.
10:47:43 MY FAMILY IS A SMALL BUSINESS.
10:47:44 WE HAVE TO WEAR MASKS, FUNERAL HOME, GRAVESIDE SERVICES
10:47:47 AND EVERYTHING.
10:47:48 SO WE HAVE TO COMPLY AS WELL BECAUSE THERE ARE VIOLATIONS
10:47:52 IF WE DON'T.
10:47:53 I WANT TO MAKE SURE THE PUBLIC KNOWS THIS IS NOT
10:47:54 SOMETHING THAT COUNCIL -- THIS IS ON -- WE'RE JUST A BODY
10:47:58 THAT HAS -- HATE TO SAY, THE ENFORCER OF WHAT THE RULE
10:48:02 IS.
10:48:02 AND WHAT'S BROUGHT BEFORE US.
10:48:04 I WANT TO MAKE SURE THAT'S CLEAR, THAT THE PROCESS HAS
10:48:07 ALREADY STARTED BY GOING TO THE CIRCUIT COURT.
10:48:11 I GUESS THEY DENIED THAT SAYING IT NEEDS TO BE HANDLED
10:48:13 HERE IN THIS BODY -- AND THIS BODY HERE UNFORTUNATELY HAS
10:48:16 TO BE THE ONE MAKING A RULING ON A VIOLATION, NOT PUBLIC
10:48:20 OPINION, BECAUSE I HAVE MY OWN OPINION ABOUT MASKS.
10:48:22 BUT I HAVE TO BE IN A SITUATION TO LOOK AT WHAT THE JUDGE
10:48:26 HAS RULED AND WHAT MY DUTIES ARE AS FAR AS IT RELATES TO
10:48:30 THE ORDINANCE IF THERE IS A VIOLATION COMMITTED.
10:48:33 I WANT TO MAKE SURE IT'S CLEAR THAT IT CAME FROM A JUDGE
10:48:37 THAT THIS BODY MUST WORK ON THESE VIOLATIONS.
10:48:39 >>SUSAN JOHNSON-VELEZ: THAT'S CORRECT.
10:48:40 YOU HAVE THE ABILITY TO ACT UNDER SECTION 27-318 OF YOUR
10:48:43 CODE WHICH IS A SEPARATE ENFORCEMENT MECHANISM THAN THE
10:48:46 MATTERS THAT ARE IN FRONT OF THE COUNTY COURT.
10:48:49 >>ORLANDO GUDES: THANK YOU.
10:48:49 >>SUSAN JOHNSON-VELEZ: YOU'RE WELCOME.
10:48:55 >>GUIDO MANISCALCO: MR. SHELBY, THE REBUTTAL PERIOD IS
10:48:57 OVER FOR THE GENTLEMAN, CORRECT?
10:48:58 >>MARTIN SHELBY: IT'S MY UNDERSTANDING?
10:49:00 IF YOU WANT TO REBUT THE REBUTTAL.
10:49:02 >>MIKE NELSON: JUST ONE QUESTION, ONE STATEMENT.
10:49:05 THERE WAS NEVER A PRIOR WARNING TO THIS BUSINESS.
10:49:08 MAYBE OTHER BUSINESSES HAD WARNING.
10:49:10 OUR FIRST VIOLATION OF DECEMBER 18th IS THE -- WHAT
10:49:14 THEY SAY IS THE WARNING.
10:49:15 WE'RE HERE TODAY ON REALLY ONE VIOLATION, THE JANUARY.
10:49:18 YOU'RE GOING TO SHUT THE BUSINESS DOWN FOR ONE VIOLATION.
10:49:22 I WANT THE RECORD TO BE CLEAR ABOUT THAT.
10:49:24 YOU CAN'T GIVE A GUY A TICKET ON DECEMBER 18 AND SAY, OH,
10:49:27 BY THE WAY, THAT'S YOUR WARNING AND THEN ON JANUARY 18,
10:49:29 GIVE HIM ANOTHER ONE AND SAY, OKAY, HERE'S YOUR SECOND.
10:49:33 THANK YOU.
10:49:34 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER.
10:49:39 >>JOHN DINGFELDER: THANK YOU, MR. CHAIRMAN.
10:49:40 I HAD A QUESTION IN REGARD TO OUR STANDARD OF REVIEW, MR.
10:49:46 SHELBY.
10:49:50 AS THOSE OF US WHO PRACTICED OR SERVED AS JURORS IN
10:49:55 CRIMINAL CASES, THE STANDARD OF REVIEW IS BEYOND A
10:50:01 REASONABLE DOUBT.
10:50:03 MR. SHELBY, HAVE YOU OR ANY OTHER ATTORNEYS INVOLVED
10:50:08 DETERMINED WHAT OUR STANDARD -- DO WE HAVE A STANDARD
10:50:13 THAT WE SHOULD BE LOOKING AT THE EVIDENCE OTHER THAN --
10:50:17 YOU KNOW WHAT THE STANDARD OF EVIDENCE IS, COMPETENT AND
10:50:20 SUBSTANTIAL EVIDENCE.
10:50:21 BUT WHEN WE GET TO REVIEWING THAT EVIDENCE, SHOULD IT BE
10:50:25 PREPONDERANCE OF THE EVIDENCE OR BEYOND A REASONABLE
10:50:29 DOUBT THAT SORT OF THING?
10:50:30 I KNOW PEOPLE MIGHT THINK I'M SPLITTING HAIRS, BUT I WANT
10:50:34 TO MAKE SURE WE'RE ALL ON THE SAME PAGE IN TERMS OF HOW
10:50:36 WE VIEW THAT EVIDENCE.
10:50:37 THAT'S MY QUESTION, MR. CHAIRMAN, AND THEN I DO HAVE A
10:50:40 STATEMENT AND A MOTION IF YOU WANT IT.
10:50:42 >>GUIDO MANISCALCO: ALL RIGHT.
10:50:43 AFTER WE CLOSE THE PUBLIC HEARING, WE'LL TAKE MOTION.
10:50:47 MR. SHELBY.
10:50:47 >>MARTIN SHELBY: YES, SIR.
10:50:48 AGAIN, THIS IS IN RESPONSE TO AN ACTION UNDER CHAPTER 27,
10:50:52 YOUR LAND DEVELOPMENT CODE.
10:50:54 THE CIRCUMSTANCES UNDER WHICH SOMEBODY OBTAINED THE RIGHT
10:50:58 TO SELL ALCOHOLIC BEVERAGES AT A PARTICULAR PLACE OF
10:51:03 BUSINESS ESTABLISHMENT.
10:51:04 THAT IS A QUASI-JUDICIAL MATTER.
10:51:07 THIS IS NOT A COURT OF LAW.
10:51:08 THIS IS NOT A CRIMINAL CASE.
10:51:10 THIS IS NOT A JURY TRIAL, AND, IN FACT, THIS IS A
10:51:14 MECHANISM THAT'S IN YOUR CODE TO BE ABLE TO SUSPEND OR
10:51:20 REVOKE THE PRIVILEGE THAT THIS BOARD OR ITS PREVIOUS
10:51:25 BOARD, BUT THIS BODY CERTAINLY HAS GIVEN TO A LOCATION TO
10:51:31 BE ABLE TO SELL ALCOHOLIC BEVERAGES.
10:51:35 ANSWER YOUR QUESTION, COUNCILMAN DINGFELDER, THIS AS
10:51:38 QUASI-JUDICIAL MATTER, AND THE STANDARD FOR REVIEW IS A
10:51:41 WRIT OF CERTIORARI TO CIRCUIT COURT AND IT WOULD BE AS IN
10:51:46 OTHER QUASI-JUDICIAL MATTERS, THE COURT IS GOING TO BE
10:51:49 LOOKING FOR THE NOTICE AND THE OPPORTUNITY TO BE HEARD,
10:51:53 THAT DUE PROCESS WAS AFFORDED, THAT THE ESSENTIAL
10:51:56 REQUIREMENTS OF LAW HAVE BEEN MET, AND THAT THE DECISION
10:52:00 OF THIS BOARD, AFTER REVIEWING THE RECORD IS BASED ON
10:52:04 COMPETENT AND SUBSTANTIAL EVIDENCE.
10:52:06 IF YOU'RE GOING TO MAKE ANY FINDINGS, FINDINGS OF FACT
10:52:09 CERTAINLY WOULD BE APPROPRIATE TO GIVE THAT SORT OF
10:52:13 DETERMINATION TO THE CIRCUIT COURT.
10:52:15 AND THAT'S THE STANDARD OF REVIEW.
10:52:19 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
10:52:20 COUNCILMAN CARLSON.
10:52:21 >>BILL CARLSON: MS. JOHNSON VELEZ, FOR THE MEMBERS OF THE
10:52:31 PUBLIC EITHER WATCHING OR DOWNSTAIRS WHO SPOKE OUT, CAN
10:52:35 YOU JUST REPEAT WHAT SECTION OF LAW THIS IS AND WHY IT'S
10:52:38 RELEVANT?
10:52:39 AND ALSO WHERE THE EXECUTIVE ORDERS CAME FROM AND WHY
10:52:42 THEY ARE APPLICABLE?
10:52:45 COULD YOU ALSO GIVE EXAMPLES IN THE PAST.
10:52:47 I HAVEN'T BEEN ON COUNCIL VERY LONG.
10:52:49 CAN YOU GIVE EXAMPLES IN THE PAST WHERE MAYBE THIS LAW
10:52:52 WAS INVOKED FOR OTHER HEALTH REASONS?
10:52:57 >>SUSAN JOHNSON-VELEZ: THESE HEARINGS ARE BROUGHT
10:52:58 PURSUANT TO LAND DEVELOPMENT CODE SECTION 27-318-C-1,
10:53:04 WHICH, AGAIN, AUTHORIZES CITY COUNCIL TO AFTER A PUBLIC
10:53:07 HEARING TO CONSIDER SUSPENSION OF ALCOHOLIC BEVERAGE
10:53:09 SALES FOR CAUSE.
10:53:11 AND THE SECTION WE'RE FOCUSING ON ITEM F OF THE LAUNDRY
10:53:16 LIST OF ITEMS THAT COUNCIL COULD CONSIDER SUSPENSION FOR
10:53:20 CAUSE.
10:53:21 BUT THAT PARTICULAR ONE, SECTION F IS A FAILURE TO COMPLY
10:53:25 WITH ANY PROVISIONS OF THE HEALTH AND SANITATION
10:53:28 ORDINANCES OF THE CITY, THE COUNTY, OR THE STATE AFTER
10:53:31 RECEIVING REASONABLE NOTICE.
10:53:33 AGAIN, BECAUSE THE MAYOR'S AND THE COUNTY'S EXECUTIVE
10:53:38 ORDERS WERE ISSUED IN RESPONSE TO A DECLARED STATEWIDE
10:53:41 PUBLIC HEALTH EMERGENCY, THEY DO HAVE THE FORCE AND
10:53:44 EFFECT OF LAW AND EFFECTIVELY OUR LOCAL HEALTH AND
10:53:48 SANITATION REGULATIONS, SO COUNCIL CAN CONSIDER FAILURE
10:53:53 TO COMPLY WITH THOSE ORDERS AS A BASIS FOR SUSPENSION OF
10:53:56 ALCOHOLIC BEVERAGE SALES FOR CAUSE UNDER 27-318.
10:54:00 >>BILL CARLSON: I'M SORRY TO PUT YOU ON THE SPOT.
10:54:04 YOU HAVEN'T BEEN BACK TO THE CITY VERY LONG EITHER, TO BE
10:54:07 FAIR.
10:54:07 DO YOU REMEMBER ANY OTHER CASES WHERE THIS ARTICLE HAS
10:54:10 BEEN INVOKED?
10:54:11 LIKE, AND THIS IS A HYPOTHETICAL, BUT IF A BAR WAS
10:54:15 OVERRUN WITH COCKROACHES AND RATS, WOULD THAT THEN
10:54:20 PROCESS COME BEFORE US?
10:54:21 I THINK IN THAT CASE IT WOULD NOT BE POLITICAL.
10:54:24 THE PUBLIC WOULD PROBABLY UNANIMOUSLY AGREE THAT IT'S NOT
10:54:27 A GOOD IDEA FOR A BAR TO HAVE A HEALTH ISSUE LIKE THAT.
10:54:31 >>SUSAN JOHNSON-VELEZ: THAT'S CORRECT.
10:54:33 THAT'S THE VERY TYPE OF HEALTH AND SANITATION REGULATION
10:54:35 THAT COUNCIL COULD TAKE INTO CONSIDERATION AND THAT
10:54:37 COUNCIL COULD CONSIDER SUSPENDING IF THERE WAS A FAILURE
10:54:41 TO COMPLY WITH THE PROHIBITION AGAINST HAVING COCKROACHES
10:54:45 RUNNING AROUND IN THE KITCHEN, YES, SIMILARLY TO THIS.
10:54:48 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
10:54:49 IF THERE'S NO OTHER FURTHER COMMENTS OR QUESTIONS, CAN WE
10:54:52 GET A MOTION TO CLOSE THIS PUBLIC HEARING?
10:54:53 WE HAVE A MOTION TO CLOSE FROM COUNCILMAN GUDES.
10:54:56 SECOND FROM COUNCILMAN CITRO.
10:54:57 ALL IN FAVOR?
10:54:58 COUNCILMAN DINGFELDER, YOU MENTIONED A MOTION, SIR?
10:55:01 OR THAT YOU WERE GOING TO MAKE OR WANTED TO MAKE.
10:55:06 >>JOHN DINGFELDER: YES, SIR, THANK YOU, MR. CHAIRMAN.
10:55:09 JUST A COUPLE OF THINGS.
10:55:14 IN REGARD TO THE VALIDITY OF WHAT WE'RE DOING AND WHY
10:55:17 WE'RE DOING IT, AND I THINK WE STATED THIS VERY STRONGLY
10:55:22 LAST WEEK WHEN WE HAD, I THINK, TWO CASES, AND WE
10:55:27 ENFORCED IN BOTH CASES.
10:55:29 ONE OF THEM WE ENFORCED IT AND THE OTHER ONE WAS A
10:55:33 SETTLEMENT, A VOLUNTARY SETTLEMENT.
10:55:35 AS A COMMUNITY, I THINK IT'S CRITICAL THAT WE NOT LOSE
10:55:39 SIGHT OF THE FACT THAT WE ARE STILL IN THE MIDDLE OF THIS
10:55:42 PANDEMIC.
10:55:42 I HAVEN'T LOOKED AT THE NUMBERS RECENTLY BUT IN THE LAST
10:55:45 COUPLE OF WEEKS, THEY WERE STILL -- THERE WERE STILL 500
10:55:49 NEW CASES PER DAY IN THE COUNTY, WHICH IS VERY, VERY
10:55:52 HIGH.
10:55:53 MORE IMPORTANTLY, WHEN THE GENTLEMAN SAYS THIS DISEASE IS
10:55:56 JUST LIKE THE FLU, WHAT'S THAT EXPRESSION?
10:56:00 YOU'RE NOT ENTITLED TO YOUR OWN FACTS.
10:56:03 AND THE FACTS ARE THAT HALF A MILLION PEOPLE AS REPORTED
10:56:07 IN THE NEWSPAPER THIS PAST WEEKEND, A HALF -- WE ARE
10:56:10 COMING UP ON A HALF MILLION PEOPLE IN THIS COUNTRY ARE
10:56:14 DEAD BECAUSE OF THIS PANDEMIC.
10:56:17 THIS IS NOT THE SIMPLE FLU.
10:56:21 HALF MILLION PEOPLE IS MORE -- I WISH COUNCILMAN VIERA
10:56:26 WAS HERE.
10:56:27 HE IS OUR HISTORIAN, THAT'S MORE THAN WORLD WAR I,
10:56:34 WORLD WAR II AND VIETNAM COMBINED IN TERMS OF AMERICANS
10:56:39 DEAD.
10:56:39 NOT ONLY DO WE HAVE A RIGHT TO BE ENFORCING THIS LAW, BUT
10:56:44 WE HAVE AN OBLIGATION TO THE COMMUNITY TO MAKE SURE --
10:56:48 AND I THINK COUNCILMAN CARLSON A SECOND AGO POINTED OUT,
10:56:53 THAT THIS IS ABOUT HEALTH, SAFETY, AND SANITATION.
10:57:00 WOULDN'T MATTER IF WE'RE TALKING ABOUT RATS AND ROACHES
10:57:02 IN THE KITCHEN OR A PUBLIC HEALTH ISSUE OUT IN THE BAR
10:57:05 AREA.
10:57:06 THIS IS IMPORTANT.
10:57:08 IT'S IMPORTANT IN EVERY PART OF OUR COMMUNITY, WHETHER OR
10:57:11 NOT IT'S BARS, RESTAURANTS, FAMILY GATHERINGS, ET CETERA.
10:57:16 WE'RE NOT GOING INTO FAMILY GATHERINGS AND ENFORCING IT,
10:57:20 BUT WE COULD URGE PEOPLE, AND WE SHOULD URGE PEOPLE TO
10:57:23 MAKE SURE WE KEEP THE MASKS ON AND THE SOCIAL DISTANCE
10:57:27 UNTIL EVERYBODY GETS THEIR SHOTS AND WE GET CONTROL OF
10:57:30 THIS PANDEMIC.
10:57:31 ALL RIGHT.
10:57:33 I'LL GET OFF THAT SOAPBOX, BUT I THINK IT'S IMPORTANT FOR
10:57:35 THE COMMUNITY TO HEAR THAT.
10:57:37 THIS IS WHY WE'RE DOING IT.
10:57:38 WE DON'T WANT TO SHUT BARS DOWN FOR A DAY.
10:57:41 WE DON'T WANT TO BE HERE DOING THIS.
10:57:43 BUT WE ALSO NEED COMPLIANCE AND WE NEED COOPERATION IN
10:57:45 THE COMMUNITY.
10:57:47 NOW, WITH THAT SAID, WE HAVE TO GO TO EACH CASE
10:57:50 INDIVIDUALLY.
10:57:51 IT'S THE CITY STAFF AND THE CITY LEGAL DEPARTMENT'S
10:57:57 BURDEN TO PRESENT EVIDENCE AND SHOW VIOLATION, AND
10:58:00 SPECIFICALLY TO SHOW THAT THE OWNER DID NOT MAKE
10:58:02 REASONABLE EFFORTS TO MEET THE CODE.
10:58:08 LAST WEEK, I FELT THERE WERE TWO CASES WHERE THE CITY MET
10:58:12 THAT BURDEN.
10:58:14 TODAY, IN THIS CASE, I DON'T FEEL THAT'S THE CASE.
10:58:17 WITH ALL DUE RESPECT TO THE STAFF AND LEGAL WHO DO A
10:58:20 GREAT JOB, I DON'T BELIEVE THAT THE CITY, AND IF IT IS
10:58:25 THE CITY'S BURDEN I BELIEVE IN THIS CASE, HAS MET THAT, I
10:58:28 THINK THAT THE EVIDENCE IS REALLY CONTRADICTORY HERE.
10:58:32 AT FIRST WE WERE PROVIDED WITH PHOTOGRAPHS FROM THE
10:58:36 DECEMBER 18th, 2020, AND THEN JANUARY 8th, 2021.
10:58:41 THEN WE WERE ADVISED THAT THE DECEMBER 18th PHOTOGRAPHS
10:58:45 SHOULD BE DISREGARDED, AND THERE WAS KIND OF CONFUSION.
10:58:50 THEN STAFF SAID, OH, YEAH, WE SHOWED UP AND WE TRAINED
10:58:53 ALL OF THESE CLUBS PRIOR TO DECEMBER 18th, INCLUDING
10:58:57 THIS CLUB, WE GAVE THEM TRAINING.
10:58:59 WE GAVE THEM INFORMATION.
10:59:00 WE GAVE THEM WARNINGS.
10:59:02 BUT THEN AS THE HEARING WENT ON, THE EVIDENCE SHOWED THAT
10:59:06 PRIOR TO DECEMBER 18th, THERE'S NO EVIDENCE OF ANYBODY
10:59:09 FROM THE CITY VISITING THIS PARTICULAR CLUB, BECAUSE THIS
10:59:12 PARTICULAR CLUB HAD ONLY BEEN OPEN MAYBE LESS THAN A
10:59:15 MONTH.
10:59:15 SO THERE'S A LOT OF CONTRADICTORY EVIDENCE, AND THERE'S
10:59:19 VERY FIRM EVIDENCE, I BELIEVE, FROM THIS GENTLEMAN WHO
10:59:22 SEEMS VERY SINCERE, WHO JUST TOOK HIS FAMILY SAVINGS AND
10:59:27 OPENED UP THIS CLUB, THAT PERHAPS ON THE 18th, EITHER
10:59:32 WASN'T AWARE OR WASN'T DOING AS MUCH AS HE SHOULD, BUT HE
10:59:35 TESTIFIED VERY, VERY STRONGLY, I BELIEVE, BETWEEN THE
10:59:38 18th AND JANUARY 8th, WHICH WAS HIS SECOND ALLEGED
10:59:44 VIOLATION DATE AND CITATION DATE, THAT HE MADE ALL
10:59:47 REASONABLE EFFORTS INCLUDING HANDING OUT MASKS, TAKING
10:59:51 TEMPERATURE, HAVING PATRONS REMOVED, POSTING THE
10:59:55 APPROPRIATE SIGNAGE, INSTRUCTING HIS STAFF ON NUMEROUS
11:00:01 OCCASIONS, ONLY 10 PEOPLE ON THE STAFF.
11:00:04 IT'S NOT LIKE HE HAS A HUNDRED STAFF PEOPLE, TO DO ALL
11:00:07 THE RIGHT THINGS.
11:00:08 AND IN THIS CASE, AGAIN, WITH ALL DUE RESPECT TO OUR
11:00:14 STAFF AND TO OUR LEGAL DEPARTMENT, I DON'T BELIEVE THAT
11:00:18 THERE'S ADEQUATE EVIDENCE TO ENFORCE ON THIS PARTICULAR
11:00:22 CASE.
11:00:23 WE HAVE MANY MORE CASES TO GO, AND EACH CASE IS GOING TO
11:00:26 RISE AND FALL BASED UPON THE EVIDENCE WE HEAR.
11:00:29 THE COMPETENT, SUBSTANTIAL EVIDENCE THAT WE HEAR.
11:00:32 BUT IN THIS CASE, I DON'T BELIEVE THERE'S AN ADEQUATE
11:00:37 FACTUAL PREDICATE TO SUPPORT THE CITY'S ALLEGATIONS.
11:00:39 I WOULD MOVE THAT IN THIS CASE ALONE THAT WE DISMISS THE
11:00:43 ALLEGATIONS AND NOT ENFORCE 27-318-C-1-F.
11:00:49 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
11:00:50 MR. SHELBY.
11:00:50 >>MARTIN SHELBY: FIRST OF ALL, BEFORE WE ENTERTAIN A
11:00:54 MOTION, I JUST HAVE A MOTION FOR THE PURPOSES OF THE
11:00:56 RECORD DURING THE HEARING TO RECEIVE AND FILE THE
11:00:58 DOCUMENTS AND THE EVIDENCE THAT'S --
11:01:00 >>GUIDO MANISCALCO: DO WE HAVE A MOTION TO RECEIVE AND
11:01:01 FILE ALL DOCUMENTS?
11:01:03 WE HAVE A MOTION FROM COUNCILMAN CARLSON.
11:01:05 SECOND FROM COUNCILMAN GUDES.
11:01:06 ALL IN FAVOR?
11:01:07 AYE.
11:01:08 >>MARTIN SHELBY: FINALLY, WITH REGARD TO THE MOTION,
11:01:10 COUNCILMAN DINGFELDER, I WOULD REQUEST, CONSISTENT WITH
11:01:13 27-318 THAT THE FINDING BE -- THAT THERE IS NO VIOLATION
11:01:22 RATHER THAN DISMISS.
11:01:25 DISMISS IS REALLY NOT CONTEMPLATED IN THE STATUTE, IN THE
11:01:28 CODE.
11:01:29 >>JOHN DINGFELDER: MODIFY MY MOTION SLIGHTLY TO STATE
11:01:32 THAT THERE IS NO VIOLATION SUPPORTED -- THERE IS
11:01:40 INADEQUATE EVIDENCE TO SUPPORT A FINDING OF A VIOLATION.
11:01:44 I BELIEVE THAT ALL REASONABLE EFFORTS WERE MADE BY THIS
11:01:49 PARTICULAR ESTABLISHMENT AND THE OWNER, SLASH, MANAGER.
11:01:53 THANK YOU.
11:01:55 >>GUIDO MANISCALCO: WE HAVE A SECOND FROM COUNCILMAN
11:01:57 CARLSON.
11:01:58 COUNCILMAN GUDES, DO YOU HAVE DISCUSSION?
11:02:00 >>ORLANDO GUDES: I RESPECT MR. DINGFELDER'S MOTION.
11:02:03 I HAVE A FEW CONCERNS.
11:02:04 I BELIEVE THAT THERE ARE SOME EVIDENTIARY ISSUES I DO
11:02:08 HAVE CONCERNS WITH.
11:02:11 THERE WERE SOME VIOLATIONS.
11:02:12 NOW, WHEN YOU LOOK AT THE OWNER SAYING THERE WERE SOME
11:02:15 TECHNICAL VIOLATIONS, AND YOU PUT ON TOP OF POSSIBLE
11:02:21 PHOTOGRAPHS AND WHEN WE TALKED ABOUT A LAW NOT BEING
11:02:25 THERE, THERE ARE SOME ISSUES, I CAN SEE WHERE YOU'RE
11:02:29 GOING MR. DINGFELDER.
11:02:30 MR. SHELBY, I DON'T KNOW IF YOU CAN ANSWER THIS QUESTION.
11:02:32 NO VIOLATION, IS IT THAT STAFF IS ASKING FOR THREE DAYS.
11:02:38 IS IT THAT WE COULD STILL FINE OR LIMIT THAT NUMBER DOWN
11:02:43 TO A LESSER DAY OR IMPOSE A FINE VERSUS THE
11:02:46 RECOMMENDATION OF STAFF OF THE THREE DAYS?
11:02:49 >>MARTIN SHELBY: THE ANSWER TO THAT QUESTION, SIR, IS,
11:02:52 THIS IS BIFURCATED.
11:02:53 IT'S A TWO-STAGE PROCESS.
11:02:55 IF, IN FACT, YOU FIND AND PUTTING ASIDE THE MOTION ON THE
11:03:00 FLOOR, FOR PURPOSES OF DISCUSSION, IF YOU DO FIND THAT
11:03:03 THERE IS A VIOLATION AND THE COUNCIL DOES MAKE THAT
11:03:05 FINDING, THEN YOU GO INTO THE PENALTY PHASE.
11:03:07 YOUR PENALTY PHASE FOR A FIRST VIOLATION, I CAN REVIEW IT
11:03:10 WITH YOU MORE IN FULL, BUT IT'S NOT APPROPRIATE AT THIS
11:03:12 TIME, BUT IT COULD BE FROM ZERO TO 30 DAYS.
11:03:16 THE PENALTY COULD BE WHATEVER COUNCIL MAKES OR NO PENALTY
11:03:20 IS AN OPTION AS WELL OR ZERO, UP TO 30 DAYS.
11:03:25 BUT THAT IS AN OPTION OF COUNCIL, DEPENDENT ON WHAT ITS
11:03:30 MOTION AND ACTION IS.
11:03:32 AGAIN, YOU HAVE A MOTION ON THE FLOOR.
11:03:33 IT WAS SECONDED, WAS IT NOT?
11:03:35 >>GUIDO MANISCALCO: YES, IT WAS SECONDED.
11:03:36 IF THE MOTION FAILS, THEN WE MAKE A NEW MOTION.
11:03:38 IF THIS MOTION PASSES THEN THE POINT IS MOOT FOR THIS
11:03:41 CASE.
11:03:42 COUNCILMAN CITRO.
11:03:44 >>JOSEPH CITRO: I UNDERSTAND COUNCILMAN DINGFELDER'S
11:03:52 OPINION.
11:03:53 BUT I HAVE PICTURES, AND IF THE OWNER GAVE ALL THE
11:04:00 WARNINGS, I STILL HAVE TWO PICTURES HERE OF EMPLOYEES
11:04:03 THAT AREN'T WEARING MASKS.
11:04:06 AS A COUNCIL PERSON SAID LAST WEEK, THERE MAY HAVE BEEN
11:04:12 ANNOUNCEMENTS SAYING YOU NEED TO WEAR MASKS.
11:04:17 BUT IF I'M AN EMPLOYER AND I HAVE EMPLOYEES THAT AREN'T
11:04:21 WEARING MASKS, THAT'S A DIFFERENT SUBJECT.
11:04:24 ONE COMMON DENOMINATOR HERE IN ALL OF THESE CASES, AND
11:04:29 THAT'S ALCOHOL.
11:04:32 DID THE OWNER ONE TIME SAY, "I WILL NO LONGER SERVE
11:04:36 ALCOHOL UNTIL YOU PUT A MASK ON"?
11:04:42 >> I DID, BY THE WAY.
11:04:43 >>GUIDO MANISCALCO: I'M SORRY.
11:04:44 THE PUBLIC HEARING IS CLOSED.
11:04:45 >>JOSEPH CITRO: IN MY OPINION, WITH THESE PICTURES HERE
11:04:53 SHOWING THE EMPLOYEES NOT WEARING MASKS.
11:04:55 I'M SAYING THAT THERE IS A VIOLATION.
11:04:57 >> SIR, THOSE PICTURES THAT YOU SEE, THEY ARE NOT MY
11:05:00 EMPLOYEES.
11:05:01 >>GUIDO MANISCALCO: THE PUBLIC HEARING IS CLOSED.
11:05:03 THANK YOU, SIR.
11:05:11 >>BILL CARLSON: COUNCILMAN DINGFELDER SAID IT MUCH MORE
11:05:14 ELOQUENTLY THAN I WILL OR WOULD HAVE.
11:05:17 IF YOU LOOK AT LAST WEEK, I'M NOT AFRAID TO UPHOLD THE
11:05:21 RULES EVEN THOUGH WE DIDN'T PUT THEM IN PLACE BECAUSE WE
11:05:23 HAVE TO ULTIMATELY BE CONSISTENT AND PROTECT THE HEALTH
11:05:28 AND SAFETY OF OUR COMMUNITY AND OTHER CATEGORIES AND
11:05:31 OTHER CASES WE WOULD HAVE DONE THAT, AND THE PUBLIC WANTS
11:05:35 US TO UPHOLD THE LAW.
11:05:36 I DON'T THINK WE CAN BE SELECTIVE ABOUT WHICH LAWS WE
11:05:39 WANT TO SUPPORT AND WHICH ONES WE DON'T BASED ON OUR
11:05:42 POLITICAL BELIEFS.
11:05:43 WE HAVE TO SUPPORT THE LAWS THAT ARE THERE OR THE PUBLIC
11:05:47 CAN ACT TO CHANGE THEM.
11:05:48 AGAIN, WE DIDN'T PUT THESE LAWS IN PLACE OR THESE RULES
11:05:52 IN PLACE.
11:05:53 BUT IN THIS PARTICULAR CASE, I THINK THE EVIDENCE IS
11:06:01 THIN.
11:06:01 I THINK THERE IS AN UNUSUAL CIRCUMSTANCE HERE THAT IT IS
11:06:04 A NEW BUSINESS OWNER AND A NEW BAR.
11:06:07 I'M NOT CONVINCED BY THE EVIDENCE OF THE PERSON BEING
11:06:10 TRAINED IN ADVANCE.
11:06:13 YES, IT'S AN OBLIGATION OF NEW BUSINESSES TO KNOW WHAT
11:06:15 THE RULES ARE.
11:06:16 BUT WE'RE WORKING IN A VERY WEIRD ENVIRONMENT RIGHT NOW.
11:06:19 I FEEL LIKE IN THIS CASE THEY SHOULD HAVE HAD MORE TIME.
11:06:29 I'M ALSO CONCERNED ABOUT THE MIX-UP OF THE EVIDENCE AND
11:06:31 THAT THERE WERE PICTURES THAT WERE NOT FROM THIS BAR, AND
11:06:35 IT'S CONFUSING ABOUT WHAT IT ALL IS.
11:06:38 ALTHOUGH I APPRECIATE AND RESPECT THE STAFF THAT HAVE
11:06:44 DONE THIS AND VOTED WITH THEM LAST WEEK, I WOULD VOTE
11:06:47 AGAINST THIS THIS TIME, ALSO WITH THE CAVEAT THAT IF THIS
11:06:51 BAR COMES BACK AGAIN, I WOULD BE THE FIRST TO MAKE A
11:06:54 MOTION TO TAKE AWAY THEIR LICENSE FOR 30 DAYS.
11:06:56 I WILL BE SUPPORTING THIS MOTION, WHICH IS NOT TO FIND
11:07:01 THAT THEY ARE IN VIOLATION.
11:07:03 THANK YOU.
11:07:03 >>GUIDO MANISCALCO: ALL RIGHT.
11:07:04 BEFORE WE GO TO A VOTE, I'M GOING TO SUPPORT THE MOTION
11:07:08 OF NO VIOLATION THAT WAS STATED ELOQUENTLY BY COUNCILMAN
11:07:13 DINGFELDER AND ALSO TAKING INTO CONSIDERATION, THIS IS A
11:07:17 NEW BUSINESS.
11:07:18 SOMEBODY WHO HAS PUT THEIR LIFE SAVINGS INTO THIS.
11:07:21 THIS IS SOMEONE THAT, YOU KNOW, AS THE EVIDENCE HAS
11:07:23 SHOWN, IT'S A VERY LIMITED PERIOD BETWEEN STARTING THE
11:07:27 BUSINESS, BEING CITED, HAVING THE VIOLATION AND THEN
11:07:31 COMING HERE WITH -- WITHIN JUST A FEW MONTHS.
11:07:35 THESE ARE UNPRECEDENTED TIMES.
11:07:38 WE HAVE NOT LIVED THROUGH A PANDEMIC.
11:07:40 THE LAST ONE WAS, WHAT IN THE TEENS, THE 1920s.
11:07:44 IT'S BEEN OVER A CENTURY.
11:07:46 IT'S UNCHARTED TERRITORY IN A LOT OF WAYS.
11:07:49 BUT AT THE END OF THE DAY, PEOPLE ARE JUST TRYING TO
11:07:51 SURVIVE.
11:07:51 I COME FROM A FAMILY OF SMALL BUSINESS PEOPLE, FROM MY
11:07:54 GRANDFATHER, MY PARENTS, WHATEVER IT IS, IT IS NOT EASY.
11:07:57 AND THIS LAST YEAR, IT HAS BEEN EXTREMELY DIFFICULT
11:08:01 BECAUSE IT'S LITERALLY BEEN EVERY OBSTACLE THROWN AT
11:08:04 SOMEONE HAS BEEN THROWN AT SOMEONE.
11:08:06 I MENTIONED THE OTHER DAY, NOT EVERYONE QUALIFIED FOR
11:08:08 PPP.
11:08:09 NOT EVERYONE HAD A SAVINGS TO KEEP THEIR BUSINESSES
11:08:11 AFLOAT.
11:08:12 MANY BUSINESSES CLOSED.
11:08:13 I KNOW THAT BECAUSE I'VE SEEN IT OR READ ABOUT IT.
11:08:16 EACH AND EVERY DAY, SOMEBODY NEW AFFECTED BY THE
11:08:19 PANDEMIC.
11:08:19 I APPRECIATE THE SERVICE DONE BY CODE ENFORCEMENT
11:08:21 OFFICERS IN THE CITY, BUT WE TAKE THIS ON A CASE-BY-CASE
11:08:24 BASIS.
11:08:25 I DON'T THINK THIS GENTLEMAN SHOULD BE CITED.
11:08:28 HIS BUSINESS SHOULD NOT BE CITED, AND I THINK THE
11:08:31 EVIDENCE PROVES THAT.
11:08:32 HAVING SAID THAT, IF THERE'S NO FURTHER COMMENT,
11:08:35 COUNCILMAN MIRANDA.
11:08:38 >>CHARLIE MIRANDA: THANK YOU VERY MUCH, MR. CHAIRMAN.
11:08:39 I WILL NOT BE SUPPORTING THE MOTION.
11:08:41 LET ME TELL YOU WHY.
11:08:43 FIRST OF ALL, BASED ON THE FACTS OF THE ORDERS THAT WERE
11:08:47 SIGNED BY THE MAYOR AND OTHERS IN THE COUNTY, IF THINGS
11:08:51 OF THAT NATURE, IT'S NOT BASED ON SMALL BUSINESS OR BIG
11:08:54 BUSINESS OR MONEY PEOPLE OR PEOPLE WITH NO MONEY OR
11:08:57 WHETHER YOU HAVE SAVINGS OR NOT HAVE A SAVINGS, THAT IS
11:09:01 NOT PART OF ANY INVESTIGATORY OR ANY SECTION OF THE LAW
11:09:07 AND YOU CANNOT TAKE THAT INTO EVIDENCE, BECAUSE IT'S A
11:09:11 SMALL BUSINESS, WE'RE GOING TO DO SOMETHING DIFFERENT.
11:09:14 I UNDERSTAND THE GENTLEMAN'S PREDICAMENT.
11:09:15 I UNDERSTAND WHAT HE'S DONE.
11:09:17 I UNDERSTAND HE PUT EVERYTHING HE HAD INTO THE BUSINESS.
11:09:20 THAT DOES NOT GIVE A REASONABLE EXPLANATION ACCORDING TO
11:09:22 THE FACTS OF THE ORDINANCE.
11:09:24 IT'S PERSONAL.
11:09:27 SO WHEN YOU LOOK AT THE COVID-19, MORE PEOPLE DIED DURING
11:09:36 WORLD WAR I, WORLD WAR II AND THE VIETNAM CONFLICT.
11:09:41 SECONDLY, LET ME PUT IT INTO REAL TEXT.
11:09:48 GREATER THAN ALL THE POPULATION OF THE STATE OF FLORIDA,
11:09:52 OVER 23, 24 MILLION INFECTED BY THIS DISEASE.
11:09:56 HOW MANY HAVE DIED?
11:10:00 CLOSE TO 500,000?
11:10:03 THAT'S EVERY CITIZEN IN THE CITY OF TAMPA, CITY OF PLANT
11:10:05 CITY AND TEMPLE TERRACE HAVE VANISHED.
11:10:08 THAT'S WHAT YOU'RE LOOKING AT.
11:10:10 WHEN IS THIS GOING TO CHANGE?
11:10:14 IT'S VERY DIFFICULT TO SIT HERE AND DO THIS.
11:10:20 WHEN THESE THINGS HAPPEN, YOU EITHER TRY TO STOP OR YOU
11:10:24 DON'T.
11:10:27 THIS, WITH THE PICTURES SHOWN NOT CORRECTLY, YES, THEY
11:10:32 WERE.
11:10:33 THAT WAS IN THE BEGINNING OF THIS WHOLE THING.
11:10:34 THE CITY ADMITTED TO THAT.
11:10:36 THEY DIDN'T HIDE IT.
11:10:37 THEY SAID IT IS AN ERROR.
11:10:39 THEY STATED VERY CLEARLY.
11:10:43 WHEN YOU GO BACK AND CONTINUE TO LOOK AT THIS, HOW OFTEN
11:10:51 -- NOT THAT ALL OF THEM ARE GOING TO BE FOUND GUILTY.
11:10:54 I HOPE NOT.
11:10:55 BUT THE EVIDENCE THAT WAS PUT UP HERE IS NOT THE EVIDENCE
11:10:59 ACCORDING TO THIS SECTION OF LAW.
11:11:02 THE SECTION OF WHICH WAS SIGNED AND PUT INTO EFFECT
11:11:08 SOMETIME BACK.
11:11:09 2018, IF I RECALL, THE TOTAL SITUATION OF THIS CASE, THE
11:11:17 CITY DID GO IN AND GIVE THE GENTLEMAN A FIRST VIOLATION.
11:11:24 JANUARY 8 OF '21 IS WHEN THE VIOLATION OCCURRED AGAIN.
11:11:35 THAT'S WHEN HE WAS CITED.
11:11:37 HE WASN'T CITED TWICE.
11:11:39 THE SECTION WOULD HAVE READ VIOLATION OF 20 18 2000.
11:11:48 WE'RE NOT LISTENING TO THE 20 18 2000 VIOLATION BECAUSE
11:11:51 THERE WAS NEVER ONE GIVEN.
11:11:51 THE VIOLATION OCCURRED ON JANUARY 8 OF '21.
11:11:54 NOT 12/18/20.
11:11:57 THEREFORE, THERE WAS AN ATTEMPT TO UNDERSTAND -- IF YOU
11:12:05 VIOLATE AGAIN.
11:12:07 I'M NOT SAYING THAT THE GENTLEMAN MISLED US.
11:12:10 I'M SAYING THAT OF --
11:12:15 THESE ARE THE THINGS THAT WE'RE LOOKING AT.
11:12:16 I'M JUST COGNIZANT TO THE FACT THAT THE CITY HAS TREATED
11:12:25 ALL OF YBOR CITY, SOHO, AND I WOULD IMAGINE OTHER AREAS
11:12:29 OF TOWN THAT WE NEVER ASKED THEM WHERE THEY HAVE BEEN.
11:12:33 I WOULD IMAGINE THAT EVERY INDIVIDUAL IN THIS CITY WHO
11:12:38 HAS A LIQUOR LICENSE, A RESTAURANT, A BAR, A HOTEL,
11:12:42 SOONER OR LATER BECAUSE THERE'S THOUSANDS ARE GOING TO
11:12:48 GET -- HI, I'M HERE TO HELP YOU.
11:12:56 MAKE SURE EVERYBODY HAS A MASK ON.
11:12:57 JUST LIKE THE IRS.
11:12:58 WHAT I'M SAYING IS, WE HAVE TO UNDERSTAND THAT IN 20 18
11:13:09 HE WAS NOT CITED WITH A VIOLATION.
11:13:11 HE WAS CITED WITH WE'RE HERE TO TELL YOU NOT TO DO IT
11:13:15 AGAIN.
11:13:15 MAYBE IT WASN'T CARRIED OUT IN THAT FASHION.
11:13:18 MAYBE IT WAS A NOTICE, HERE IS YOUR FIRST NOTICE.
11:13:22 MAYBE IT WASN'T THOROUGHLY EXPLAINED.
11:13:25 CAN I TALK ABOUT A NEW BUSINESS?
11:13:28 WHEN YOU GET A DRIVER'S LICENSE, DO THEY TELL YOU, HEY,
11:13:32 YOU HAVE A DRIVER'S LICENSE, BUT YOU'VE GOT TO HAVE THE
11:13:35 INSURANCE BEFORE YOU CAN GO DRIVE.
11:13:37 OTHER THINGS.
11:13:38 IT BUSINESS, LIKE ALL BUSINESSES HAS TO UNDERSTAND WHAT
11:13:42 BUSINESS THEY ARE IN.
11:13:43 IT'S UP TO THEM TO UNDERSTAND WHAT THE LAWS ARE, NOT UP
11:13:46 TO US.
11:13:47 IT'S UP TO THE INDIVIDUAL THAT GOES IN BUSINESS,
11:13:51 ESPECIALLY IN THE ALCOHOL BUSINESS, WHAT THE FACTS OF THE
11:13:56 LAWS ARE.
11:13:57 IT'S NOT UP TO US TO SAY WHAT THE FACTS ARE.
11:14:00 THANK YOU VERY MUCH, MR. CHAIRMAN.
11:14:01 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
11:14:02 YOU MADE YOUR MOTION, SIR.
11:14:08 >>JOHN DINGFELDER: JUST A QUICK -- ONE QUICK FOLLOW-UP
11:14:11 AND I PROMISE IT WILL BE QUICK.
11:14:13 RESPONSE TO COUNCILMAN CITRO AND COUNCILMAN GUDES WHO
11:14:20 BOTH ADDRESSED THE PHOTOGRAPHS, AGAIN, WITH ALL DUE
11:14:23 RESPECT TO STAFF, WE WERE TOLD BY LEGAL STAFF TO
11:14:27 DISREGARD THE DECEMBER 18 PHOTOGRAPHS.
11:14:29 DECEMBER 18 PHOTOGRAPHS WERE VERY CLEAR.
11:14:33 THEY SHOWED A BARTENDER WHO DIDN'T HAVE A MASK ON.
11:14:38 BUT THEN WE WERE TOLD TO DISREGARD THOSE BECAUSE THAT WAS
11:14:41 THE CLUB NEXT DOOR, THAT HAPPENS TO HAVE THE SAME
11:14:44 ADDRESS.
11:14:44 THAT'S WHY IT SHOWED UP WITH THE SAME ADDRESS ON THERE.
11:14:47 THE NEXT PHOTOGRAPH -- SET OF PHOTOGRAPHS WE WERE TOLD WE
11:14:50 COULD LOOK AT WERE JANUARY 8, AND THOSE PHOTOGRAPHS, I
11:14:54 DON'T KNOW IF YOU GUYS COULD SEE THEM BETTER THAN I
11:14:56 COULD, BUT THEY ARE EXTREMELY DIFFICULT TO DISCERN
11:15:00 ANYTHING.
11:15:00 I SEE A LOT OF PURPLE AND PINK AND BODIES.
11:15:03 I CAN'T SEE WHO THEY ARE.
11:15:04 I CAN'T SEE WHAT THEY ARE DOING, WHERE THEY ARE STANDING.
11:15:08 I GET NO FRAME OF REFERENCE WHATSOEVER.
11:15:11 IF WE'RE RELYING ON THOSE PHOTOGRAPHS, AGAIN, I WOULD SAY
11:15:14 THEY ARE EXTREMELY, EXTREMELY -- I DON'T BELIEVE THEY
11:15:18 MEET THE LEVEL OF COMPETENT, SUBSTANTIAL EVIDENCE THAT I
11:15:22 THINK WE WERE INSTRUCTED BY MR. SHELBY TO RELY ON.
11:15:26 THANK YOU, MR. CHAIRMAN.
11:15:29 >>ORLANDO GUDES: I'M NOT RELYING ON THE PHOTOGRAPHS.
11:15:32 I'M RELYING ON THE ACTUAL OWNER'S TESTIMONY, HIS
11:15:36 STATEMENTS.
11:15:36 I'M RELYING ON THE FACT THAT CODE WAS THERE AND ACTUALLY
11:15:42 SAW THE VIOLATIONS.
11:15:43 SO THE PICTURES NOT TOTALLY FOR ME, BUT I RELIED ON WHAT
11:15:49 THE ACTUAL BAR OWNER SAID IN HIS STATEMENTS.
11:15:52 HIS STATEMENTS WERE CLEAR.
11:15:53 THIS WAS A VIOLATION.
11:15:54 AS MR. MIRANDA STATED, HE WAS INSTRUCTED THE FIRST TIME
11:15:57 BY MR. FREEMAN WHEN HE HAD A LENGTHY CONVERSATION AS IT
11:16:02 RELATES TO WHAT THE PROCEDURES OF THE COVID-19 EXECUTIVE
11:16:05 ORDERS WERE.
11:16:06 THIRDLY, AND I'M NOT A NAIVE GUY.
11:16:09 I'VE BEEN AROUND THE BLOCK A LONG TIME FOR 26 YEARS.
11:16:12 MR. MIRANDA SAID IT PERFECTLY.
11:16:15 WHEN YOU'RE DEALING WITH ALCOHOL AND YOU ARE A BUSINESS
11:16:17 OWNER WITH ALCOHOL, THERE COMES A LOT OF RESPONSIBILITY
11:16:19 WITH ALCOHOL, AND BAR OWNERS KNOW DOS AND DON'TS ABOUT
11:16:24 ALCOHOL.
11:16:24 I'M NOT SAYING THAT THE MAN IS NOT BEING TRUTHFUL.
11:16:28 ALL I'M SAYING AS A PERSON WHO HAS BEEN AROUND A LONG,
11:16:31 LONG TIME, GIVEN CITATIONS IN BARS AND ESTABLISHMENTS, I
11:16:36 KNOW BETTER TO KNOW THAT RULES AND REGULATIONS HAD TO BE
11:16:40 ADDRESSED AND HAVE BEEN TOLD TO EMPLOYEES AND I'M SURE.
11:16:44 I'M NOT RELYING ON JUST THE EVIDENCE OF THE PHOTOGRAPHS.
11:16:47 I'M RELYING ON THE TESTIMONY OF THE BAR OWNER, BUT I
11:16:51 WOULD SAY, AND THAT'S WHY I ASKED THE QUESTION, WHAT IS
11:16:54 THE REGULATIONS OF THIS COUNCIL TO IMPOSE SANCTIONS?
11:16:57 I DO AGREE HE IS A YOUNG OWNER.
11:17:00 I DO AGREE WE DON'T WANT TO HURT SMALL BUSINESSES.
11:17:02 AGAIN, MY FAMILY IS A SMALL BUSINESS AND WE HAVE TO HAVE
11:17:05 MANDATES THAT ARE REQUIRED AND WE HAVE TO FOLLOW THOSE
11:17:07 MANDATES REGARDLESS.
11:17:08 REGARDLESS.
11:17:09 THERE CAN'T BE MISTAKES BECAUSE LIVES ARE AT STAKE IN OUR
11:17:12 BUSINESS WHEN WE MAKE THEM.
11:17:14 AGAIN, THAT'S I DIDN'T ASKED THAT QUESTION.
11:17:17 I WILL NOT BE SUPPORTING THE MOTION UNLESS IT GOES TO A
11:17:21 SECOND TERM AND THEN WE CAN LOOK AT SMALLER SANCTIONS FOR
11:17:24 THE OWNER, BECAUSE I DO THINK THERE ARE A FEW CAVEATS TO
11:17:28 THE PHOTOGRAPHS AND SOME OTHER EVIDENTIARY THINGS.
11:17:32 I THINK FOR THE MOST PART, THE CITY HAS PROVEN THE CASE
11:17:34 BECAUSE OF THE BAR OWNER'S OWN ADMISSIONS IN HIS
11:17:38 STATEMENTS.
11:17:39 >>JOSEPH CITRO: THANK YOU VERY MUCH.
11:17:40 BEING A SMALL BUSINESS OWNER MYSELF, I HAVE TO HAVE
11:17:42 CONTINUING EDUCATION.
11:17:43 I HAVE TO PASS CERTAIN RULES AND REGULATIONS TO HAVE MY
11:17:48 LICENSE, NOT ONLY FOR MY PERSONAL SELF, BUT FOR THE
11:17:51 BUSINESS THAT I OWN.
11:17:52 IT'S NOT FOR ME TO GO FIND THEM OUT.
11:17:57 IT'S MANDATORY FROM THE STATE THAT I HAVE TO ADHERE TO
11:18:00 THEM.
11:18:01 COUNCILMAN DINGFELDER, I CAN SEE THROUGH THE PICTURES,
11:18:04 EVEN THOUGH YOU SAY THEY ARE BAD, I CAN STILL SEE TWO
11:18:07 BARTENDERS, ONE THAT CLEARLY HAS A TIP JAR NEXT TO HIM
11:18:11 THAT SAYS "TIPS" ON IT AND THE OTHER ONE BEHIND THE BAR.
11:18:14 COUNCILMAN DINGFELDER, I DON'T KNOW IF YOU'RE LOOKING AT
11:18:17 THESE ON YOUR COMPUTER OR NOT, BUT I'M SEEING BIG 8 BY
11:18:22 10.
11:18:22 I AM NOT CONTRADICTING YOU COUNCILMAN DINGFELDER.
11:18:27 THIS IS EVIDENCE TO ME AND THAT'S WHY I CANNOT SUPPORT
11:18:30 YOUR MOTION.
11:18:30 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
11:18:31 WE HAVE A MOTION FROM COUNCILMAN DINGFELDER.
11:18:33 WE HAVE A SECOND FROM COUNCILMAN CARLSON.
11:18:35 ROLL-CALL VOTE.
11:18:36 >>THE CLERK: CITRO?
11:18:37 >>JOSEPH CITRO: NO.
11:18:38 >>BILL CARLSON: YES.
11:18:39 >>JOHN DINGFELDER: YES.
11:18:41 >>ORLANDO GUDES: NO.
11:18:43 >>CHARLIE MIRANDA: NO.
11:18:46 >> VIERA?
11:18:47 MANISCALCO.
11:18:48 >>GUIDO MANISCALCO: YES.
11:18:48 >>THE CLERK: MOTION DID NOT CARRY WITH CITRO, GUDES, AND
11:18:52 MIRANDA VOTING NO AND VIERA BEING ABSENT.
11:18:55 >>GUIDO MANISCALCO: OKAY, MR. SHELBY.
11:18:58 >>MARTIN SHELBY: THANK YOU.
11:18:58 TO EXPLAIN TO COUNCIL, WHICH THE COUNCIL KNOWS, BUT ALSO
11:19:01 TO EXPLAIN TO THE PUBLIC, YOUR CHARTER REQUIRES ANY
11:19:05 ACTION TO BE A VOTE OF FOR.
11:19:10 SO THERE BEING A VOTE OF 3-3, THERE WAS NO ACTION TAKEN.
11:19:15 A VOTE TO NOT ACCEPT THIS MOTION IS NOT A VOTE TO DENY.
11:19:20 SO LET ME READ YOU THE RULE, RULE 6-H.
11:19:24 IF A MOTION IN A QUASI-JUDICIAL MATTER FAILS TO RECEIVE
11:19:27 AT LEAST FOUR VOTES, THE MOTION FAILS, AND IF ANOTHER
11:19:31 MOTION IN ORDER IS NOT MADE, THE PUBLIC HEARING SHALL BE
11:19:35 AUTOMATICALLY REOPENED AND CONTINUED TO A TIME CERTAIN AT
11:19:40 THE NEXT REGULARLY SCHEDULED COUNCIL MEETING, AND THAT
11:19:44 NEXT REGULARLY SCHEDULED COUNCIL MEETING IS THURSDAY,
11:19:47 MARCH 4th.
11:19:48 THAT'S YOUR RULES, COUNCIL.
11:19:50 SO THE QUESTION IS, IS THERE ANOTHER MOTION IN ORDER OR
11:19:53 SHALL THIS HEARING BE REOPENED AND CONTINUED TO MARCH
11:19:56 4th?
11:19:57 >>GUIDO MANISCALCO: IS THERE ANOTHER MOTION?
11:19:59 THE VOTE IS SPLIT 3-3 UNLESS SOMETHING CHANGES, IF NOT,
11:20:03 MOTION TO REOPEN THE HEARING AND MOVE THIS TO OUR -- OR
11:20:09 CONTINUE THIS TO OUR NEXT REGULARLY SCHEDULED MEETING ON
11:20:11 MARCH 4th.
11:20:12 >>ORLANDO GUDES: I HAVE A MOTION.
11:20:14 >>GUIDO MANISCALCO: YES, SIR, GO AHEAD.
11:20:15 >>ORLANDO GUDES: MAKE A MOTION THAT THE SAID CASE IN
11:20:18 QUESTION, VIOLATIONS WERE COMMITTED, AND ASK FOR A VOTE
11:20:21 ON IT.
11:20:22 >>JOSEPH CITRO: SECOND.
11:20:23 >>GUIDO MANISCALCO: MOTION FROM COUNCILMAN GUDES, SECOND
11:20:26 FROM COUNCILMAN CITRO.
11:20:27 THIS IS VIOLATIONS WERE COMMITTED.
11:20:30 >>ORLANDO GUDES: YES, SIR.
11:20:31 >>GUIDO MANISCALCO: IF THERE'S NO DISCUSSION.
11:20:33 CAN WE GET A ROLL-CALL VOTE?
11:20:36 >>THE CLERK: CITRO?
11:20:37 >>JOSEPH CITRO: YES.
11:20:37 >>BILL CARLSON: NO.
11:20:40 >>JOHN DINGFELDER: NO.
11:20:43 >>ORLANDO GUDES: YES.
11:20:44 >>CHARLIE MIRANDA: YES.
11:20:48 >> VIERA?
11:20:48 MANISCALCO.
11:20:49 >>GUIDO MANISCALCO: NO.
11:20:50 >>THE CLERK: MOTION DID NOT CARRY WITH CARLSON,
11:20:53 DINGFELDER AND --
11:20:58 >>MARTIN SHELBY: MAY WE HAVE A MOTION TO REOPEN THE
11:21:01 PUBLIC HEARING?
11:21:01 >> SO MOVED.
11:21:02 >>GUIDO MANISCALCO: COUNCILMAN GUDES.
11:21:03 SECOND CITRO.
11:21:04 ALL IN FAVOR, AYE?
11:21:08 >>MARTIN SHELBY: IF I CAN, JUST TO REMIND YOU THE
11:21:10 PROCESS, WHAT NORMALLY HAPPENS UNDER THIS RULE, WHAT
11:21:13 HAPPENS IS I WILL BE IN TOUCH WITH COUNCIL MEMBER VIERA
11:21:17 WHO WAS ABSENT.
11:21:19 HE WILL HAVE THE OPPORTUNITY BETWEEN NOW AND MARCH 4th
11:21:21 TO HAVE REVIEWED THE HEARING AND BE PREPARED TO VOTE.
11:21:25 MY SUGGESTION WOULD BE THAT THE TESTIMONY HAS BEEN TAKEN.
11:21:31 THERE WILL BE NO ADDITIONAL PUBLIC COMMENT TAKEN ON THIS.
11:21:35 COUNCILMAN GUDES WOULD HAVE THE OPPORTUNITY TO ASK
11:21:38 QUESTIONS IF HE FELT THE NEED TO.
11:21:40 AND IF NOT, THE HEARING WOULD THEN BE CLOSED AND A MOTION
11:21:43 WOULD BE TAKEN AND A VOTE WOULD BE TAKEN ON THAT DAY.
11:21:46 THANK YOU.
11:21:46 >>GUIDO MANISCALCO: WE HAVE A MOTION TO CONTINUE THIS
11:21:47 ITEM TO MARCH 4th.
11:21:50 >>MARTIN SHELBY: SHALL WE SET THE TIME FOR 10:30 A.M.
11:21:54 >>GUIDO MANISCALCO: PERFECT.
11:21:55 MARCH 4th, 10:30 A.M.
11:21:57 MOTION BY COUNCILMAN GUDES TO CONTINUE THIS.
11:21:59 SECOND FROM COUNCILMAN MIRANDA.
11:22:01 ALL IN FAVOR AYE?
11:22:02 THANK YOU VERY MUCH.
11:22:03 WE'RE GOING TO BE IN RECESS FOR ABOUT FIVE MINUTES.
11:22:05 [ SOUNDING GAVEL ]
11:22:06 [RECESS]
11:33:58 >>GUIDO MANISCALCO: I WOULD LIKE TO CALL THIS TAMPA CITY
11:34:00 COUNCIL MEETING TO ORDER, IF WE CAN GET ROLL CALL,
11:34:02 PLEASE?
11:34:03 >> VIERA?
11:34:03 GUDES?
11:34:04 >>ORLANDO GUDES: HERE.
11:34:04 >>BILL CARLSON: HERE.
11:34:07 >>JOHN DINGFELDER: HERE.
11:34:09 >>JOSEPH CITRO: HERE.
11:34:12 >> MIRANDA?
11:34:15 >>GUIDO MANISCALCO: YOU'RE MUTED, SIR.
11:34:18 >>CHARLIE MIRANDA: HERE.
11:34:19 >>GUIDO MANISCALCO: HERE.
11:34:21 >>THE CLERK: THERE IS A PHYSICAL QUORUM PRESENT.
11:34:23 THANK YOU.
11:34:25 >>GUIDO MANISCALCO: WE HAVE A PHYSICAL QUORUM PRESENT.
11:34:27 THIS IS OUR LAST CASE OF THE DAY SINCE THE OTHER TWO WERE
11:34:29 CONTINUED.
11:34:30 WE ALREADY HAD A MOTION TO OPEN, SO THEY ARE OPEN.
11:34:34 WE HAVE ANY GENERAL INTRODUCTORY REMARKS.
11:34:36 ANYTHING ELSE, MR. SHELBY?
11:34:38 >>MARTIN SHELBY: I WOULD LIKE TO MAKE A COMMENT, COUNCIL,
11:34:43 WITH REGARD TO ANY HEARING, FRANKLY, AND PARTICULARLY THE
11:34:45 LAST ONE IN THAT IT'S BEEN CONTINUED TO MARCH 4th.
11:34:50 JUST A REMINDER, COUNCIL, AGAIN, BECAUSE THIS IS
11:34:54 QUASI-JUDICIAL AND IT IS IN THE PROCESS AND CERTAINLY
11:34:58 IT'S NOT FINISHED, I WOULD CAUTION YOU AGAINST COMMENTING
11:35:02 IF BEING ASKED ON THE SUBJECT.
11:35:04 AND CERTAINLY TO AVOID EX PARTE COMMUNICATIONS OTHER THAN
11:35:09 THAT COMES IN THROUGH E-MAILS AND THE LIKE.
11:35:10 WHICH ARE, IN FACT, UPLOADED AND MADE AVAILABLE TO THE
11:35:15 PUBLIC.
11:35:15 JUST A CAUTION, PLEASE, AS WE MOVE FORWARD WITH THESE
11:35:20 TYPE OF HEARINGS TO BE MINDFUL OF THAT.
11:35:21 THANK YOU.
11:35:22 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
11:35:22 MS. JOHNSON-VELEZ.
11:35:26 >>SUSAN JOHNSON-VELEZ: THANK YOU, MR. CHAIR, CITY
11:35:27 COUNCIL, SUSAN JOHNSON VELEZ, SENIOR ASSISTANT CITY
11:35:31 ATTORNEY.
11:35:31 THIS CASE, ITEM NUMBER 2, IS FOR THE 7th + GROVE
11:35:35 RESTAURANT AND BAR LOCATED AT 1930 EAST 7TH AVENUE.
11:35:41 THE CIRCUMSTANCES GIVING RISE TO THESE PROCEEDINGS
11:35:41 OCCURRED ON DECEMBER 19, 2020, AND JANUARY 10, 2021.
11:35:45 THEY ARE DETAILED IN THE NOTICE OF INTENT DATED JANUARY
11:35:49 13, 2021, WHICH CAN BE FOUND AT TAB ONE OF YOUR BINDERS.
11:35:53 SO THE CITY IN THIS CASE WILL PRESENT EVIDENCE AND
11:35:56 TESTIMONY THAT 7th + GROVE RECEIVED EDUCATION AND
11:36:00 INFORMATION ON MASK REQUIREMENTS AND THAT AFTER RECEIVING
11:36:03 THAT INFORMATION, THE EMPLOYEES WERE OBSERVED ON DECEMBER
11:36:06 19, 2020, NOT WEARING FACE COVERINGS WHEN NOT SOCIAL
11:36:10 DISTANCING AND PATRONS WERE ALSO WITHOUT FACE COVERINGS
11:36:13 WHILE CONGREGATING AROUND THE BAR AND OTHER OPEN AREAS.
11:36:17 THEN AGAIN ON JANUARY 10, 2021, PATRONS WERE AGAIN
11:36:21 WITHOUT FACE COVERINGS WHILE CONGREGATING AT THE BAR AND
11:36:23 OTHER OPEN AREAS.
11:36:25 I WOULD NOW ASK CAMARIA PETTIS-MACKLE TO COME FORWARD
11:36:28 WITH PRESENTATION OF TESTIMONY.
11:36:36 >>CAMARIA PETTIS-MACKLE: GOOD MORNING.
11:36:38 CAMARIA PETTIS-MACKLE FROM THE CITY ATTORNEY'S OFFICE.
11:36:39 I'D LIKE TO FIRST CALL OFFICER WAYNE RASMUSSEN.
11:36:47 ACTUALLY, BEFORE I DO THAT THE WITNESSES NEED TO BE SWORN
11:36:50 IN.
11:36:50 >>GUIDO MANISCALCO: ALL RIGHT.
11:36:51 IF YOU COULD PLEASE RAISE YOUR RIGHT HAND UP THERE IN THE
11:36:56 CONFERENCE ROOM.
11:36:58 WE WILL SWEAR YOU IN.
11:36:59 IF YOU HAVE NOT BEEN SWORN IN.
11:37:01 >> DO YOU SWEAR OR AFFIRM YOU WILL TELL THE TRUTH, THE
11:37:04 WHOLE TRUTH AND NOTHING BUT THE TRUTH.
11:37:06 >> I DO.
11:37:07 >>GUIDO MANISCALCO: ALL RIGHT.
11:37:09 GO AHEAD.
11:37:10 >>CAMARIA PETTIS-MACKLE: CAN YOU PLEASE INTRODUCE
11:37:12 YOURSELVES TO MEMBERS OF CITY COUNCIL?
11:37:15 >> WAYNE RASMUSSEN, CODE ENFORCEMENT OFFICER FOR THE CITY
11:37:17 OF TAMPA [DIFFICULT TO HEAR]
11:37:20 >>CAMARIA PETTIS-MACKLE: INSPECTOR, I WOULD LIKE TO DRAW
11:37:21 YOUR ATTENTION TO JUNE 28 OF 2020, WERE YOU WORKING ON
11:37:24 THAT EVENING?
11:37:26 >> YES, I WAS.
11:37:27 >>CAMARIA PETTIS-MACKLE: DID YOU HAVE A CHANCE TO RESPOND
11:37:28 TO THE ESTABLISHMENT CALLED 7th + GROVE WHICH IS
11:37:31 LOCATED AT 1930 EAST 7TH AVENUE?
11:37:35 >> [INAUDIBLE]
11:37:35 >>CAMARIA PETTIS-MACKLE: CAN YOU PLEASE EXPLAIN TO CITY
11:37:37 COUNCIL WHAT YOUR ROLE WAS IN RESPONDING TO THAT
11:37:40 ESTABLISHMENT ON JUNE 28th OF 2020?
11:37:47 >> [AUDIO NOT CLEAR]
11:37:52 >>CAMARIA PETTIS-MACKLE: WAS THAT SPECIFICALLY REGARDING
11:37:54 MASK ENFORCEMENT AND THE REQUIREMENTS FOR SOCIAL
11:37:56 DISTANCING?
11:37:58 >> YES, MA'AM.
11:38:00 >>CAMARIA PETTIS-MACKLE: AND DID YOU GIVE THAT
11:38:02 INFORMATION TO THE MANAGER OR SUPERVISOR OF 7th +
11:38:06 GROVE?
11:38:08 >> I BELIEVE IT WAS THE MANAGER AT THAT TIME.
11:38:11 >>CAMARIA PETTIS-MACKLE: I HAVE NO FURTHER QUESTIONS FOR
11:38:12 THIS WITNESS.
11:38:13 THE NEXT WITNESS I WOULD LIKE TO CALL IS INSPECTOR
11:38:17 CRYSTAL RAMOS.
11:38:18 CAN YOU PLEASE INTRODUCE YOURSELF TO THE MEMBERS OF CITY
11:38:26 COUNCIL?
11:38:28 >> CRYSTAL RAMOS, CITY OF TAMPA CODE ENFORCEMENT.
11:38:31 >>CAMARIA PETTIS-MACKLE: INSPECTOR RAMOS, WERE YOU
11:38:34 WORKING ON DECEMBER 19 OF 2020?
11:38:37 >> YES.
11:38:37 >>CAMARIA PETTIS-MACKLE: I'D LIKE TO DRAW YOUR ATTENTION,
11:38:40 CAN YOU EXPLAIN TO CITY COUNCIL IF YOU'VE HAD A CHANCE TO
11:38:42 -- DID YOU HAVE A CHANCE TO RESPOND TO 7th + GROVE
11:38:47 LOCATED AT 1930 EAST 7TH AVENUE?
11:38:50 >> YES, I DID.
11:38:52 >>CAMARIA PETTIS-MACKLE: AND WHAT WAS YOUR ROLE IN
11:38:55 RESPONDING TO THAT ESTABLISHMENT?
11:38:56 >> JUST TO ENSURE THAT THE PATRONS AND THE EMPLOYEES OF
11:38:59 THE BAR WERE WEARING MASKS AND SOCIAL DISTANCING.
11:39:02 >>CAMARIA PETTIS-MACKLE: CAN YOU EXPLAIN TO CITY COUNCIL
11:39:04 WHAT YOUR OBSERVATIONS WERE ON THAT DAY, DECEMBER 19 OF
11:39:08 2020?
11:39:08 >> YES.
11:39:09 WHEN WE ENTERED THE BAR, WE NOTICED SEVERAL PATRONS NOT
11:39:13 SOCIAL DISTANCING, STANDING IN THE BAR AREA WITH NO FACE
11:39:17 MASK, AND I BELIEVE ALSO EMPLOYEES.
11:39:22 >>CAMARIA PETTIS-MACKLE: I'D LIKE TO DRAW YOUR ATTENTION
11:39:25 TO PHOTOGRAPHS -- THESE PHOTOGRAPHS DATE DECEMBER 19 OF
11:39:32 2020.
11:39:33 DO YOU RECOGNIZE THE PHOTOGRAPH, ALTHOUGH IT -- CAN YOU
11:39:37 EXPLAIN TO CITY COUNCIL WHAT WE'RE SEEING IN THE
11:39:40 PHOTOGRAPHS?
11:39:42 >> YES, THIS IS A PHOTO WHEN YOU WALK INTO THE BUSINESS,
11:39:45 AND THERE WERE SEVERAL PEOPLE STANDING AROUND WITHOUT A
11:39:48 FACE MASK.
11:39:50 AT THE TIME, THEY WERE NOT DRINKING OR EATING.
11:39:54 >>CAMARIA PETTIS-MACKLE: THE NEXT PHOTOGRAPH FOR THE
11:39:55 RECORD.
11:39:56 >> ALSO PATRONS OBSERVED STANDING WITHOUT FACE MASKS AND
11:39:59 CONGREGATING AROUND THE BAR.
11:40:06 >>CAMARIA PETTIS-MACKLE: CAN YOU DESCRIBE ON THE THIRD
11:40:08 PHOTOGRAPH WHAT IS DEPICTED HERE?
11:40:10 >> MORE PATRONS AROUND THE BAR CONGREGATING WITHOUT ANY
11:40:13 FACE MASKS AND STANDING UP.
11:40:15 >>CAMARIA PETTIS-MACKLE: INSPECTOR RAMOS, WHILE AT 7th
11:40:17 AND GROVE DECEMBER 19, 2020, DID YOU SEE ANY STAFF MAKING
11:40:21 ANNOUNCEMENTS REGARDING THE REQUIREMENTS FOR FACE MASKS?
11:40:26 >> NOT AT THE TIME.
11:40:29 >>CAMARIA PETTIS-MACKLE: DID YOU SEE ANY EMPLOYEES
11:40:31 WALKING AROUND HANDING OUT MASKS TO INDIVIDUALS WHO DID
11:40:35 NOT HAVE ANY?
11:40:37 >> NO, I DID NOT.
11:40:38 >>CAMARIA PETTIS-MACKLE: DID YOU SEE ANY OF THE STAFF
11:40:40 MEMBERS REMOVE OR ASK THE PATRON TO LEAVE THE PREMISES IF
11:40:47 THEY WERE NOT WEARING FACE MASKS?
11:40:49 >> NO, I DID NOT.
11:40:51 >>CAMARIA PETTIS-MACKLE: AFTER YOU MADE YOUR OBSERVATIONS
11:40:52 AND YOU TOOK THE PHOTOGRAPHS, WHAT WAS YOUR -- WAS A
11:40:56 CITATION ISSUED?
11:40:58 >> WE DID ASK THE MANAGER TO COME OUTSIDE WITH US AND WE
11:41:01 DID EXPLAIN WHY WE WERE ISSUING A CITATION.
11:41:04 I ALSO EVEN SHOWED THEM THE PHOTOS THAT I HAD TAKEN
11:41:08 SHOWING THE PATRONS WITHOUT A FACE MASK, AND THEN AT THE
11:41:12 TIME WE DID GO AHEAD AND ISSUE THE CITATION.
11:41:17 >>CAMARIA PETTIS-MACKLE: NEXT I WOULD LIKE TO CALL
11:41:19 INSPECTOR BARBARA RILEY WHO HAS ALREADY BEEN -- WHO WAS
11:41:23 PREVIOUSLY SWORN.
11:41:24 INSPECTOR RILEY, CAN YOU PLEASE INTRODUCE YOURSELF AGAIN
11:41:32 FOR THE RECORD?
11:41:33 >> YES, BARBARA RILEY, CITY OF TAMPA CODE ENFORCEMENT.
11:41:36 >>CAMARIA PETTIS-MACKLE: I WOULD LIKE TO DRAW YOUR
11:41:38 ATTENTION TO JANUARY 10 OF 2020.
11:41:40 DID YOU RESPOND TO 7th + GROVE LOCATED AT 1930 EAST 7TH
11:41:44 AVENUE?
11:41:45 >> YES.
11:41:46 >>CAMARIA PETTIS-MACKLE: WHO DID YOU RESPOND TO THAT
11:41:49 LOCATION WITH?
11:41:50 >> I BELIEVE IT WAS INSPECTOR RASMUSSEN.
11:41:55 >>CAMARIA PETTIS-MACKLE: WHEN YOU AND INSPECTOR RASMUSSEN
11:41:57 WERE AT THE ESTABLISHMENT, DID YOU -- CAN YOU DESCRIBE TO
11:42:03 CITY COUNCIL WHAT YOUR OBSERVATIONS WERE?
11:42:07 >> THE CLUB WAS VERY CROWDED AND WE ISSUED A CITATION FOR
11:42:13 LARGE CONGREGATIONS GATHERING WITHOUT SOCIAL DISTANCING.
11:42:16 >>CAMARIA PETTIS-MACKLE: WERE YOU ABLE TO TAKE A
11:42:18 PHOTOGRAPH DEPICTING YOUR OBSERVATION?
11:42:21 >> YES.
11:42:22 TOOK PHOTOGRAPH.
11:42:23 >>CAMARIA PETTIS-MACKLE: I'M SHOWING YOU THE PHOTOGRAPH
11:42:24 THAT'S ON THE SCREEN THAT WAS ALSO PREVIOUSLY PROVIDED TO
11:42:27 CITY COUNCIL.
11:42:28 CAN YOU DESCRIBE TO CITY COUNCIL WHAT WE'RE SEEING IN
11:42:33 THIS PHOTOGRAPH?
11:42:35 >> A LARGE NUMBER OF PEOPLE GATHERING AROUND THE BAR AND
11:42:39 THE DANCE FLOOR.
11:42:40 THEY WERE NOT SOCIAL DISTANCING.
11:42:41 THEY WERE NOT SEATED.
11:42:42 THEY WERE NOT EATING OR DRINKING.
11:42:44 >>CAMARIA PETTIS-MACKLE: DID YOU ALSO SEE SOME OF THE
11:42:46 ADVISE NOT WEARING MASKS?
11:42:50 >> I DO BELIEVE SOME WERE NOT WEARING A MASK BUT THE
11:42:53 CITATION WAS FOR CONGREGATING.
11:42:54 I BELIEVE SOME PEOPLE WERE NOT WEARING MASKS.
11:42:56 >>CAMARIA PETTIS-MACKLE: AT THE TIME THAT YOU WERE AT
11:43:00 THIS ESTABLISHMENT, DID YOU HEAR ANY ANNOUNCEMENT FROM
11:43:03 THE ESTABLISHMENT REGARDING REQUIREMENTS FOR FACE MASK
11:43:07 AND SOCIAL DISTANCING?
11:43:09 >> NO, I DID NOT.
11:43:11 >>CAMARIA PETTIS-MACKLE: AT THE TIME THAT YOU WERE AT THE
11:43:13 ESTABLISHMENT, DID YOU SEE ANY STAFF MEMBER HANDING OUT
11:43:15 MASKS TO THOSE INDIVIDUALS WHO DID NOT HAVE ONE?
11:43:18 >> NO, I DID NOT.
11:43:19 >>CAMARIA PETTIS-MACKLE: DID YOU HEAR MUSIC AT THE TIME
11:43:25 -- WHILE YOU WERE THERE AT THE ESTABLISHMENT?
11:43:28 >> YES.
11:43:29 >>CAMARIA PETTIS-MACKLE: BUT AT NO TIME DID YOU SEE ANY
11:43:33 ANNOUNCEMENT FROM THE DEEJAY OR ANY OTHER PERSONNEL
11:43:36 REQUIRING THE REQUIREMENT FOR FACE MASK?
11:43:39 >> I DID NOT HEAR AN ANNOUNCEMENT, BUT I KNOW THERE WAS
11:43:42 SECURITY WALKING AROUND TALKING TO PATRONS.
11:43:45 >>CAMARIA PETTIS-MACKLE: BUT EVEN THOUGH THERE WAS A
11:43:47 SECURITY WALKING AROUND WITH PATRONS, YOU STILL ISSUED A
11:43:49 CITATION, CORRECT?
11:43:51 >> YES, BECAUSE IT WAS AFTER THE FACT.
11:44:03 >>CAMARIA PETTIS-MACKLE: AND THE PHOTOGRAPH THAT I
11:44:05 DISPLAYED TO YOU, THERE'S NO DATE AND TIME STAMP, BUT
11:44:11 DOES THIS PHOTOGRAPH FAIRLY AND ACCURATELY REPRESENT THE
11:44:13 OBSERVATIONS THAT YOU MADE ON JANUARY 10th OF 2021?
11:44:18 >> YES, MA'AM.
11:44:19 >>CAMARIA PETTIS-MACKLE: AND YOU SAID THAT -- I DON'T
11:44:22 HAVE ANY OTHER QUESTIONS FOR OUR OFFICER, INSPECTOR
11:44:25 RILEY.
11:44:26 I WOULD LIKE TO CALL INSPECTOR RASMUSSEN.
11:44:28 INSPECTOR RASMUSSEN -- I'M SORRY?
11:44:36 >> WAYNE RASMUSSEN, CITY OF TAMPA.
11:44:40 >>CAMARIA PETTIS-MACKLE: ON JANUARY 10, 2021, INSPECTOR
11:44:43 RASMUSSEN, WERE YOU ALSO WITH INSPECTOR RILEY WHEN YOU
11:44:47 RESPONDED TO 7th + GROVE?
11:44:49 >> YES, MA'AM.
11:44:50 >>CAMARIA PETTIS-MACKLE: THE PICTURE DEPICTED ON THIS
11:44:52 SCREEN, DOES IT FAIRLY AND ACCURATELY REPRESENT THE
11:44:55 OBSERVATIONS YOU MADE ALSO ON JANUARY 10th OF 2021?
11:45:01 >> YES, IT DOES.
11:45:03 >>CAMARIA PETTIS-MACKLE: DID YOU ALSO OBSERVE PATRONS NOT
11:45:05 WEARING FACE MASKS?
11:45:07 >> YES.
11:45:07 >>CAMARIA PETTIS-MACKLE: DID YOU SEE ANY OF THE PERSONNEL
11:45:10 FROM THE ESTABLISHMENT HANDING OUT FACE MASKS OR MAKING
11:45:13 ANNOUNCEMENTS REGARDING THE REQUIREMENT FOR FACE MASK?
11:45:18 >> NO, MA'AM.
11:45:20 >>CAMARIA PETTIS-MACKLE: I HAVE NO FURTHER QUESTIONS FOR
11:45:21 THE WITNESS.
11:45:23 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
11:45:24 COUNCILMAN GUDES.
11:45:25 >>ORLANDO GUDES: WHO WAS THE LEAD INSPECTOR THAT EVENING
11:45:28 OR IS THERE NO SUCH THING?
11:45:30 WE COME ON SCENE, WHO IS THE LEAD OFFICER ON SCENE?
11:45:42 >> INSPECTOR RASMUSSEN.
11:45:43 I BELIEVE THAT NIGHT, INSPECTOR JEFF CHUCHO WAS OUR LEAD.
11:45:52 >>ORLANDO GUDES: I WORKED THE BARS MANY YEARS WHEN I HAD
11:45:55 A UNIFORM ON.
11:45:56 I UNDERSTAND THE BAR SCENE.
11:45:57 WHEN I LOOK AT THIS PICTURE AND I SEE THIS NUMBER, WE SAY
11:46:00 THE BARS ARE OPEN AT 100% NOW, CORRECT?
11:46:03 >> YES, SIR.
11:46:04 >>ORLANDO GUDES: WE'RE OPEN AT 100%, WHAT KIND OF
11:46:07 COUNTERMEASURE OR COUNTER THAT WE'RE DOING TO MAKE SURE
11:46:10 THE BAR IS IN COMPLIANCE TO THE NUMBER OF PEOPLE IN THE
11:46:13 BAR IF WE'RE SAYING NO STANDING.
11:46:16 BECAUSE TO ME, THE BAR LOOKS PRETTY CROWDED.
11:46:19 I'M TRYING TO FIGURE OUT HOW COULD YOU HAVE SEATING ON A
11:46:23 DANCE FLOOR, ANYWHERE, WITH THAT NUMBER OF PEOPLE.
11:46:26 ARE WE COUNTING NUMBERS WHEN WE DO THESE THINGS OR WE
11:46:29 JUST SEE A LARGE CROWD IN THERE, AND WE'RE --
11:46:34 >> I BELIEVE TPD TAKES THE COUNT FROM THE DOOR MAN.
11:46:38 GOES UP THEIR CHAIN.
11:46:39 >>ORLANDO GUDES: WAS THE COUNT RIGHT ON OR WAS THE COUNT
11:46:43 OVER, UNDER?
11:46:44 WE DON'T KNOW?
11:46:46 >> I DO NOT KNOW, SIR.
11:46:48 THAT WOULD BE TAMPA POLICE DEPARTMENT TAKING THE COUNT.
11:46:51 REPORT TO THE FIRE MARSHAL IF NEEDED.
11:46:55 >>ORLANDO GUDES: WE NEED ALL THESE FACTS IN PLACE IF
11:46:58 THESE THINGS COME INTO PLAY.
11:47:00 I KNOW WE SEE THIS ACTIVITY GOING ON.
11:47:03 DO WE JUST AUTOMATICALLY, BECAUSE WE SEE IT -- OR GO IN
11:47:07 AND TALK TO THE MANAGEMENT, HEY, I'LL COME BACK IN AN
11:47:09 HOUR OR TWO, NEED TO GET US IN COMPLIANCE.
11:47:11 OKAY, WE EDUCATED YOU A WEEK AGO, AND WE'RE BACK TODAY,
11:47:15 AND WE'RE GOING TO CITE YOU OR DO WE TRY TO EDUCATE
11:47:18 AGAIN, OKAY, WE'LL COME BACK IN A COUPLE OF HOURS, BEFORE
11:47:23 WE CITE OR CITE ON SITE?
11:47:26 >> WE DO MULTIPLE EDUCATION AS WE GO.
11:47:28 WE HAND OUT FLYERS AS WE DO INSPECTIONS.
11:47:31 WE TRY TO KEEP THEM INFORMED AS BEST AS WE CAN.
11:47:33 WE USUALLY DO A GENERAL INSPECTION THROUGH ALL OF THE
11:47:36 BARS AND CLUBS IN THE AREA.
11:47:38 WHEN WE'RE DONE WITH THAT, WE RECORD INFORMATION AND GO
11:47:41 BACK FOR ANOTHER ROUND.
11:47:43 >>ORLANDO GUDES: IT WASN'T WHAT I ASKED YOU.
11:47:45 WHAT I'M ASKING, IF I'VE DONE EDUCATION ON THIS
11:47:48 PARTICULAR BAR A WEEK AGO OR TWO WEEKS AGO, AND I COME
11:47:51 BACK THIS SATURDAY NIGHT AND I SEE THIS CROWD, DO I GO IN
11:47:54 AND SAY LET ME SPEAK TO MANAGER JOE, JOE, JOE, HEY, YOU
11:47:58 HAVE A PROBLEM, WE NEED TO CORRECT THIS OR I SEE A
11:48:03 VIOLATION AND WE CITE YOU.
11:48:05 >> WE CITE THEM, SIR.
11:48:07 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
11:48:08 COUNCILMAN DINGFELDER.
11:48:11 >>JOHN DINGFELDER: THANK YOU, MR. CHAIRMAN.
11:48:13 INSPECTOR RASMUSSEN, EXCUSE ME IF I'M WRONG, WERE YOU THE
11:48:19 ONE WHO TESTIFIED EARLIER ABOUT THE JUNE 28th
11:48:25 EDUCATION?
11:48:27 >> YES, SIR, I WAS.
11:48:30 >>JOHN DINGFELDER: LONG TIME AGO, AND THIS YEAR OF COVID,
11:48:34 IT SEEMS LIKE CENTURIES AGO, BUT HOW IS IT THAT YOU
11:48:39 RECALL THAT YOU WERE THERE JUNE 28th?
11:48:42 IS THAT A TOTALLY INDEPENDENT RECOLLECTION OR IS THAT A
11:48:46 FUNCTION OF DOCUMENTS?
11:48:49 >> THAT'S INDEPENDENT.
11:48:53 THE ORIGINAL -- FROM THE GOVERNOR, WE STARTED -- FLYERS
11:48:56 TO INFORM THE CLUBS AND RESTAURANTS.
11:48:58 AND WE'VE DONE SO PERIODICALLY THROUGHOUT THE SUMMER AND
11:49:04 DECEMBER UNTIL NOW.
11:49:05 EVEN NOW WE'RE STILL DOING IT.
11:49:11 >>JOHN DINGFELDER: THE SPECIFICITY THAT YOU TESTIFIED TO
11:49:14 ABOUT JUNE 28, YOU WORK FIVE DAYS A WEEK.
11:49:19 I'M SURE YOU HAVE HUNDREDS OF CLUBS TO GO TALK TO BACK IN
11:49:23 JUNE, IS THAT A SPECIFIC RECOLLECTION OF YOURS OR ABOUT
11:49:27 JUNE 28th OR IS IT DOCUMENTED?
11:49:32 I ASK THE QUESTION --
11:49:35 >> IT'S A RECOLLECTION OF MINE, SIR.
11:49:38 >>JOHN DINGFELDER: OKAY.
11:49:38 DO YOU RECALL GOING TO THIS PARTICULAR CLUB BETWEEN JUNE
11:49:46 AND DECEMBER 19th WITH UPDATES?
11:49:50 DO YOU RECALL SPECIFIC DATES, WHO YOU TALKED TO OR
11:49:53 ANYTHING LIKE THAT IN TERMS OF WARNINGS, EDUCATION, OR
11:49:57 ANYTHING LIKE THAT?
11:49:58 BECAUSE OBVIOUSLY BETWEEN JUNE AND DECEMBER, THINGS WERE
11:50:01 CHANGING, ORDERS WERE CHANGING, ET CETERA, ET CETERA.
11:50:07 >> EVERY TIME THERE WAS AN UPDATE OR CHANGE, WE WOULD
11:50:12 GIVE UPDATED FLYERS.
11:50:14 SPECIFIC ON HOW MANY TIMES, NO, SIR.
11:50:18 >>JOHN DINGFELDER: YOU'RE SAYING GENERICALLY, YOU COVERED
11:50:23 YBOR CITY WITH UPDATES AND FLYERS AND EDUCATION BETWEEN
11:50:26 JUNE AND DECEMBER.
11:50:29 >> YES, SIR, PLUS WE ALSO -- TO ANY BUSINESS THAT WOULD
11:50:33 WANT THEM.
11:50:33 >>JOHN DINGFELDER: HAND OUT MASKS?
11:50:35 >> YES, SIR.
11:50:36 WE DID THAT ALSO WITH THE FLYERS.
11:50:41 >>JOHN DINGFELDER: THANK YOU, MR. CHAIRMAN.
11:50:42 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
11:50:43 ANY OTHER QUESTIONS OR COMMENTS?
11:50:45 WE NOW GO TO THE RESPONDENT'S CROSS-EXAMINATION OF THE
11:50:50 CITY'S WITNESSES.
11:50:51 AND THAT WOULD BE ANY REPRESENTATIVES OR OWNERS OF 7th
11:51:01 + GROVE RESTAURANT.
11:51:03 IF IT'S THE SAME GROUP, THEY WERE ALREADY SWORN IN.
11:51:06 SIR, PLEASE STATE YOUR NAME FOR THE RECORD.
11:51:19 YOU AND THE TWO INDIVIDUALS BEHIND YOU WERE ALREADY SWORN
11:51:21 IN, SO THAT'S OUT OF THE WAY.
11:51:23 DO YOU HAVE ANY QUESTIONS FOR CODE ENFORCEMENT OFFICERS
11:51:25 AT THIS TIME?
11:51:26 IF NOT, YOU CAN GO INTO YOUR PRESENTATION.
11:51:29 >> YES, I DO.
11:51:30 >>GUIDO MANISCALCO: GO AHEAD, SIR.
11:51:32 >> MY QUESTION WAS FOR -- I WASN'T GETTING EVERYBODY'S
11:51:37 NAMES.
11:51:38 I'M SORRY.
11:51:38 WE DON'T HAVE LEGAL REPRESENTATION.
11:51:40 WE ARE ALL THE OWNERS HERE.
11:51:41 BUT THE GENTLEMAN THAT WAS PRESENT ON DECEMBER 19th --
11:51:48 >>GUIDO MANISCALCO: DID YOU STATE YOUR NAME.
11:51:50 >> DR. JAMARIS GLENN.
11:51:52 >>GUIDO MANISCALCO: THE CODE ENFORCEMENT OFFICER THAT WAS
11:51:54 PRESENT ON DECEMBER 19 -- IF YOU CAN SEE HIM --
11:52:01 >> THERE WAS ANOTHER INDIVIDUAL, I WANT TO SAY MAYBE A
11:52:03 HIGHER UP.
11:52:05 I WAS PRESENT THAT DAY.
11:52:06 WHAT WAS TOLD TO US AT THE TIME THAT WE WERE GIVING CODE
11:52:12 ENFORCEMENT AND THEY COME REGULARLY, SOMETIMES FOUR TIMES
11:52:15 A NIGHT, WAS THAT THEY WILL RETURN EVERY 45 MINUTES AND
11:52:20 WILL CITE US AGAIN AND AGAIN AND AGAIN IF WE ARE NOT IN
11:52:23 COMPLIANCE.
11:52:23 I JUST WANT TO MAKE SURE THAT IS A POLICY OF THEIRS.
11:52:29 >>MARTIN SHELBY: THERE WAS NO QUESTION ASKED.
11:52:31 >> I'M ASKING IF THAT'S A POLICY OF THEIRS.
11:52:35 >>ORLANDO GUDES: I THINK HE'S ASKING CODE ENFORCEMENT, IS
11:52:37 THERE A POLICY, HE STATED THAT THE OFFICER OR THE LEAD
11:52:40 OFFICER STATED THAT ON EVERY HOUR HE WOULD COME BACK AND
11:52:45 CITE EVERY 45 MINUTES.
11:52:47 IS THAT A POLICY OF THE CODE ENFORCEMENT OR -- OR HE CAN
11:52:55 TELL US WHAT IS THE POLICY.
11:52:57 >> KEITH O'CONNOR, CITY OF TAMPA, MANAGER, NEIGHBORHOOD
11:53:01 ENHANCEMENT.
11:53:01 THERE WAS NO POLICY THAT WE WOULD GO BACK EVERY 45
11:53:06 MINUTES, BUT WE DID IN THE BEGINNING, WE SAID IF YOU'RE
11:53:09 GOING TO RETURN AS CLUBS GET BUSIER AND BUSIER IN YBOR,
11:53:13 FOR INSTANCE, YOU COULD BE THERE AND AN HOUR LATER, IT
11:53:16 COULD DOUBLE IN SIZE AS FAR AS THE PATRONS, THAT WE WOULD
11:53:20 TRY TO COME BACK NOT SOONER THAN 45 MINUTES.
11:53:23 SO THE EARLIEST THEY SHOULD MAKE THEIR ROUNDS AND COME
11:53:26 BACK WOULD BE 45 MINUTES.
11:53:28 I THINK THAT'S WHAT HE HEARD AND WHAT HE REFERENCES.
11:53:33 >>ORLANDO GUDES: MR. O'CONNOR, DOES THAT MEAN, LIKE I
11:53:36 STATED EARLIER, I COME AND I SEE THE BAR, CERTAIN
11:53:41 SITUATION, OKAY, I'LL COME BACK IN 45 MINUTES OR A COUPLE
11:53:44 OF HOURS, AND IF IT'S NOT IN COMPLIANCE I'M GIVING A
11:53:47 CITATION.
11:53:48 SAYING I'M THERE AND I SEE THEM, CITE YOU NOW AND COME
11:53:51 BACK WHEN I MAKE MORE ROUNDS AND CITE YOU AGAIN?
11:53:54 >> THE INSTRUCTIONS FROM THE BEGINNING, ONCE WE DECIDED
11:53:58 IN DECEMBER THAT WE WERE GOING TO START WRITING
11:54:00 CITATIONS, SINCE WE HAD BEEN OUT EVERY THURSDAY, FRIDAY
11:54:04 AND SATURDAY NIGHT SINCE ACTUALLY MAY WE'VE BEEN OUT
11:54:08 THERE EVERY NIGHT, EDUCATING AND ENCOURAGING EVERYONE FOR
11:54:12 COMPLIANCE WITH THE RULES, OUR GOAL FROM THE START WAS
11:54:16 COMPLIANCE.
11:54:16 ONCE WE STARTED THE CITATION, IF WE WENT IN THERE AND WE
11:54:20 HAD ONE VIOLATION OR MINOR VIOLATIONS THAT WOULD BE
11:54:23 ANOTHER EDUCATION AND ENCOURAGEMENT TIME FOR THE BAR
11:54:27 MANAGEMENT TO GET THEM IN COMPLIANCE.
11:54:29 BUT IF WE WALK IN AND IT'S FLAGRANT VIOLATIONS, MULTIPLE,
11:54:34 THEY CITE RIGHT WHEN THEY GO IN.
11:54:36 THEY DON'T HAVE TIME TO GET THROUGH ALL THE BARS AND SEE
11:54:40 EVERYTHING AND HAVE A 30-MINUTE CONVERSATIONS WITH EVERY
11:54:43 MANAGER.
11:54:43 WE'VE BEEN DOING IT FOR MONTHS NOW.
11:54:45 SO THAT WAS THE INSTRUCTIONS WHEN WE STARTED IN DECEMBER.
11:54:49 >>ORLANDO GUDES: WHERE ARE WE AT NOW?
11:54:52 >> THEY STILL STAND.
11:54:54 WE STILL GO OUT THERE EVERY THURSDAY, FRIDAY, AND
11:54:56 SATURDAY NIGHT UNTIL 2 A.M. WITH A TEAM.
11:55:01 CODE ENFORCEMENT WITH TPD AND GO INTO THE BARS AND DO BAR
11:55:04 CHECKS.
11:55:05 FOR COMPLIANCE.
11:55:06 >>ORLANDO GUDES: FOR COMPLIANCE.
11:55:08 NOW WE'RE TPD, GO BY, SEE SOMEBODY IN VIOLATION, WE DON'T
11:55:14 TALK TO -- WE'LL BE BACK.
11:55:17 MAKE SURE YOU TAKE CARE OF YOUR HOUSE OR WE'RE GOING TO
11:55:20 COME BACK AND CITE YOU.
11:55:22 WE GO.
11:55:23 WE SEE.
11:55:24 WE CITE, CORRECT?
11:55:25 >> IF IT'S MULTIPLE CITATIONS, NO.
11:55:27 IF WE GO IN AND SEE A COUPLE OF PEOPLE WITHOUT MASKS OR
11:55:30 THE PEOPLE STARTING TO CONGREGATE, SMALL THREE OR FOUR
11:55:33 PEOPLE AT A BAR, WE'LL REMIND THEM OF THE RULES AND MAY
11:55:37 COME BACK.
11:55:37 IF WE WALK IN THERE AND 20 PEOPLE AT THE BAR, 30, 40 ON
11:55:41 THE DANCE FLOOR, THEY ARE GOING TO GET CITED.
11:55:44 >>ORLANDO GUDES: THAT'S MY QUESTION AGAIN.
11:55:46 AGAIN, DANCE FLOOR, EXECUTIVE ORDERS, WHEN I LOOK AT THE
11:55:50 PHOTOS OF 7th + GROVE AND SOME OTHERS I SEE LOTS OF
11:55:54 PEOPLE STANDING.
11:55:55 IS THE REQUIREMENT NOT STANDING ON THE DANCE FLOOR
11:55:58 DANCING WITH A MASK OR NOT A MASK.
11:56:00 WHAT IS THE POLICY ON THAT SO I'M CLEAR ON THAT?
11:56:02 >> THE POLICY IS, ONCE YOU ENTER AN ESTABLISHMENT, THE
11:56:05 ONLY TIME YOU'RE ALLOWED TO BE STANDING IS WHEN YOU'RE
11:56:08 WAITING TO BE SEATED AND YOU'RE WAITING TO GO IN.
11:56:12 THE BARS AND RESTAURANTS NEED TO HAVE SEATING FOR
11:56:16 EVERYBODY THAT THEY WANT TO SERVE.
11:56:17 YOU CANNOT GO IN AND HANG AROUND DRINKING OR STANDING ON
11:56:21 A DANCE FLOOR.
11:56:23 A LOT OF THEM HAVE MODIFIED THEIR DANCE FLOOR SPACE WITH
11:56:25 TABLES AND CHAIRS.
11:56:27 >>ORLANDO GUDES: BASICALLY YOU'RE SAYING -- LOOK AT THE
11:56:30 PHOTO, SHOULD BE NO STANDING AT ALL, THE BARS AND
11:56:32 RESTAURANTS SHOULD NO REGARDLESS OF YOUR OCCUPANCY, YOU
11:56:36 NEED TO HAVE CHAIRS AND TABLES FOR SEATING VERSUS
11:56:38 STANDING FOR THE OCCUPANCY.
11:56:40 ALL BAR RESIDENTS SHOULD HAVE THAT POLICY FROM OUR CODE
11:56:44 ENFORCEMENT DIVISION, CORRECT?
11:56:45 >> EXACTLY.
11:56:46 THEY KNOW THE RULES, EVERYONE THAT COMES IN TO PATRONIZE
11:56:49 THEIR BUSINESS NEEDS A PLACE TO SIT.
11:56:51 >>ORLANDO GUDES: THANK YOU.
11:56:53 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
11:56:53 SIR.
11:56:54 >> I HAVE ANOTHER QUESTION, PLEASE.
11:56:55 FROM JUNE 28th TO THE CITATION DATE OF DECEMBER 19, HAS
11:57:01 ANYTHING CHANGED IN THE ORDINANCES FROM THOSE ALMOST SIX
11:57:05 MONTHS?
11:57:07 >> THE EXECUTIVE ORDERS HAVE CHANGED MULTIPLE TIMES.
11:57:10 -- IF YOU WANT A LAYOUT OF EACH NEW EXECUTIVE ORDER.
11:57:16 >> OKAY.
11:57:17 WHEN THEY DO CHANGE, HOW IS THAT COMMUNICATED TO THE
11:57:20 BUSINESS?
11:57:23 >> LIKE I SAID, WE'VE BEEN OUT THERE EVERY THURSDAY,
11:57:26 FRIDAY, AND SATURDAY NIGHT FOR NIGHTTIME.
11:57:29 I THINK YOUR LOCATION A LOT OF TIMES WE VISITED AT NIGHT.
11:57:31 BUT YOU ARE OPEN EARLY.
11:57:33 WE'RE ALSO THERE MONDAY THROUGH FRIDAY AS THEY CHANGE,
11:57:37 COMING OUT WITH THE NEW FLYERS.
11:57:39 THE FLYERS HAVE CHANGED.
11:57:41 THE INFORMATION ON THE FLYERS.
11:57:42 SO EVERY TIME YOU GOT A NEW FLYER, THAT WAS INDICATIVE OF
11:57:47 A NEW UPDATE.
11:57:48 >> MY LAST QUESTION WOULD BE, HAS THERE BEEN ANOTHER TIME
11:57:51 SINCE JUNE 28th THAT YOU HAVE DOCUMENTED THAT YOU SPOKE
11:57:54 WITH SOMEONE REGARDING THE ORDINANCES AND THE CHANGES.
11:58:01 >> WE HAVE MULTIPLE SPREAD SHEETS OF THE BARS WE CHECK.
11:58:05 SOME OF THEM HAVE MORE INFORMATION THAN OTHERS.
11:58:07 SOMETIMES THE BARS ARE CLOSED, BUT WE HAVE THE LIST OF
11:58:12 WHO WENT OUT TO EACH LOCATION, AND IT'S USUALLY A YES OR
11:58:16 A NO WHETHER THEY GAVE POSTERS AND FLYERS AND MASKS.
11:58:20 SOMETIMES AN INSPECTOR WOULD PUT IN THE NODES WHO THEY
11:58:23 TALKED TO, BUT WE KNOW WE'VE BEEN TO YOUR LOCATION
11:58:26 MULTIPLE TIMES.
11:58:28 >> I JUST HAVE A QUESTION FOR THE PERSON THERE ON JANUARY
11:58:31 10th.
11:58:35 MAY I HAVE YOUR NAME?
11:58:47 >> BARBARA RILEY.
11:58:49 >> ON JANUARY 10th, DURING THE INCIDENT THAT YOU
11:58:53 DESCRIBED TO WHERE THERE WERE PATRONS, AGAIN, WE WERE NOT
11:58:57 CITED FOR MASKS.
11:58:58 WE WERE CITED FOR SOCIAL DISTANCING, NOT PRACTICING
11:59:03 SOCIAL DISTANCING.
11:59:04 SO I WANTED TO ASK YOU, DID YOU RETURN THAT NIGHT AFTER
11:59:07 YOU CITED US THE FIRST TIME?
11:59:10 >> NO.
11:59:12 >> YOU DID RETURN AGAIN --
11:59:14 >> NO, WE DID NOT.
11:59:16 >> THAT NIGHT.
11:59:16 YOU'RE SAYING YOU DID NOT.
11:59:20 >> I'LL BE HONEST, I DON'T RECALL.
11:59:21 IF I CAN LOOK AT THE SPREADSHEET WHERE I DOCUMENTED, BUT
11:59:24 I DO NOT RECALL.
11:59:26 >> I WASN'T PRESENT THAT NIGHT, BUT MY PARTNER, KHALILAA
11:59:28 MCDUFFIE WAS.
11:59:30 WHEN WE WERE TOLD THAT THERE WERE TO BE NO PEOPLE ON THE
11:59:34 DANCE FLOOR, SO ONCE WE WERE CITED WE REMEDIED THE
11:59:41 SITUATION BY PUTTING CHAIRS AND TABLES AT THE DANCE FLOOR
11:59:44 FOR PEOPLE TO SIT.
11:59:45 WE HAD AN EMPLOYEE THAT DAY THAT HAD A MEDICAL EMERGENCY.
11:59:48 HE NEEDED AMBULATORY CARE.
11:59:51 THEY CAME TO THE ESTABLISHMENT AND CODE ENFORCEMENT WAS
11:59:54 THERE.
11:59:56 THEY COULD NOT GET THROUGH BECAUSE THE GURNEY COULD NOT
11:59:59 FIT TO GET THE PERSON MEDICAL ATTENTION --
12:00:02 >>MARTIN SHELBY: I'M SORRY TO INTERRUPT, MR. CHAIRMAN.
12:00:04 THIS IS FOR THE PURPOSES OF ASKING QUESTIONS.
12:00:08 >> MY QUESTION IS YOU WERE NOT THERE THAT DAY?
12:00:12 >> I WAS THERE.
12:00:13 >> YOU DID NOT RETURN?
12:00:15 >> I DON'T BELIEVE SO.
12:00:17 BUT I'D HAVE TO CHECK THE SPREADSHEET.
12:00:20 >> THANK YOU, THAT'S IT.
12:00:21 >>MARTIN SHELBY: I BELIEVE THE CITY MIGHT HAVE SOME
12:00:27 REDIRECT.
12:00:27 >>CAMARIA PETTIS-MACKLE: CAMARIA PETTIS-MACKLE, FOR THE
12:00:29 RECORD.
12:00:29 I HAVE A COUPLE OF REDIRECT QUESTIONS, IF I MAY.
12:00:31 >>GUIDO MANISCALCO: YES, GO AHEAD.
12:00:32 >>CAMARIA PETTIS-MACKLE: I WOULD LIKE TO RECALL KEITH
12:00:34 O'CONNOR, PLEASE.
12:00:36 MR. O'CONNOR, AS THE MANAGER OF CODE ENFORCEMENT, IN
12:00:47 ORDER TO KEEP ORGANIZED THE NUMBER OF INSPECTORS THAT
12:00:50 HAVE GONE TO THE DIFFERENT ESTABLISHMENTS TO EDUCATE AND
12:00:55 WARN THE ESTABLISHMENTS REGARDING THE ORDERS OF THE
12:00:58 HILLSBOROUGH COUNTY AND THE CITY OF TAMPA, DID YOU
12:01:00 DOCUMENT -- DID YOU HAVE STAFF DOCUMENT WHEN THEY WENT
12:01:04 OUT TO A PARTICULAR ESTABLISHMENT?
12:01:08 >> YES, THERE IS A SPREADSHEET THAT LISTS ALL THE BARS.
12:01:11 WHEN THEY GO TO THAT LOCATION, IT'S LIKE A CHECKOFF, A
12:01:15 YES OR A NO THAT THEY HAVE BEEN THERE.
12:01:17 >>CAMARIA PETTIS-MACKLE: INSPECTORS CAN HAVE INDEPENDENT
12:01:20 RECOLLECTION OF GOING TO AN ESTABLISHMENT, BUT ALSO YOU
12:01:22 HAVE DOCUMENTATION AS THE MANAGER THAT AN INSPECTOR DID
12:01:28 GO OUT TO GIVE EDUCATION AND WARNING TO A PARTICULAR
12:01:32 ESTABLISHMENT.
12:01:32 >> CORRECT.
12:01:32 >>CAMARIA PETTIS-MACKLE: BASED ON YOUR RECORDS, IS IT
12:01:36 CONSISTENT WITH INSPECTOR RASMUSSEN GOING TO THE
12:01:40 ESTABLISHMENT ON JUNE 28th OF 2020 TO EDUCATE 7th +
12:01:46 GROVE ABOUT WHAT THE ORDERS WERE REGARDING SOCIAL
12:01:49 DISTANCE AND BEING IN COMPLIANCE IN GENERAL REGARDING THE
12:01:54 ORDER.
12:01:55 >> YES.
12:01:56 HE IS LISTED AS SOMEONE WHO WENT THERE.
12:02:00 >>CAMARIA PETTIS-MACKLE: THE CITY HAS NO FURTHER
12:02:02 QUESTIONS.
12:02:02 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
12:02:03 ALL RIGHT.
12:02:09 DO WE THEN GO TO THE RESPONDENT'S PRESENTATION AT THIS
12:02:11 TIME?
12:02:14 >> YES.
12:02:19 >>GUIDO MANISCALCO: GO AHEAD, SIR.
12:02:20 I KNOW YOU SPOKE AND THE LADIES BEHIND YOU AS WELL, IF
12:02:23 THEY WISH TO SPEAK OR HOWEVER YOU WISH TO PROCEED.
12:02:26 >> YES.
12:02:27 AGAIN, LIKE I SAID, WE DON'T HAVE LEGAL REPRESENTATION.
12:02:29 WE ARE HERE SOLELY ON OUR BUSINESS.
12:02:32 I JUST WANTED TO GIVE YOU A LITTLE FEEDBACK ABOUT OUR
12:02:35 BUSINESS.
12:02:36 NOT MANY OF YOU EXPRESS WHAT WE DO.
12:02:39 >>MARTIN SHELBY: IF YOU COULD AGAIN STATE YOUR NAME.
12:02:41 >> MY NAME IS DR. JAMARIS GLENN.
12:02:45 I AM HERE WITH MY PARTNERS KHALILAA MCDUFFIE AND
12:02:47 DR. VONDALYN WRIGHT.
12:02:48 WE ARE THE OWNERS OF 7th + GROVE IN YBOR CITY.
12:02:50 THE THREE OF US ARE TAMPA NATIVES AND PRODUCTS OF
12:02:53 HILLSBOROUGH COUNTY SCHOOL DISTRICT.
12:02:54 WE STARTED OUR BUSINESS IN JUNE OF 2019 BECAUSE WE WANTED
12:02:57 TO CREATE A SPACE FOR PEOPLE WHO LOOKED LIKE US.
12:03:00 IN JUST A YEAR AND A HALF, WE HAVE DEDICATED OUR BUSINESS
12:03:03 TO UPLIFTING BLACK VOICES AND SUPPORTING OUR COMMUNITY.
12:03:06 WE EMPLOY INDIRECTLY OVER 100 PEOPLE OF COLOR FROM SINGLE
12:03:10 MOTHERS TO EX-CONS TO LGBTQiA PERSONS.
12:03:15 AND DURING THE PANDEMIC, WE HAD TO FURLOUGH OVER 85% OF
12:03:18 OUR WORKERS.
12:03:20 KNOWING THAT WE HAD TO LET GO OF PEOPLE WE CONSIDER
12:03:22 FAMILY WAS ABSOLUTELY AND UTTERLY HEARTBREAKING.
12:03:25 WITH THE HELP OF LOCAL AND FEDERAL FUNDING, WE WERE ABLE
12:03:25 TO HIRE A MAJORITY OF THEM BACK, BUT OVER THE PAST
12:03:27 YEAR -- AND OVER THE PAST YEAR WE DECIDED TO PARTNER WITH
12:03:30 OTHER ORGANIZATIONS LIKE THE TAMPA BAY LIGHTNING, GROVE
12:03:32 FINANCIAL, FUELING THE FRONT LINES, AND THE JAMEIS
12:03:35 WINSTON FOUNDATION TO DONATE OVER 1500 FREE MEALS TO
12:03:38 FAMILIES AND OVER 500 TURKEYS DURING THANKSGIVING LAST
12:03:41 YEAR.
12:03:41 WE RECENTLY HONORED OVER 75 BLACK HEALTH CARE WORKERS
12:03:46 DURING COVID-19 AND WITH THE HELP OF PEPSI RECENTLY WE
12:03:50 FED OVER A THOUSAND ADVENT AND TAMPA GENERAL HOSPITAL
12:03:53 EMPLOYEES.
12:03:53 THIS FRIDAY BEFORE THE SUPER BOWL.
12:03:56 WITH INCREDIBLE COMMUNITY PARTNERS COMES INCREDIBLE
12:03:58 GROWTH.
12:03:59 AND WE TRULY WOULD NOT HAVE BEEN ABLE TO MAKE IT THROUGH
12:04:03 WITHOUT THE SUPPORT.
12:04:04 IT HAS ALSO PRESENTED UNIQUE CHALLENGES TO ENSURE AS WE
12:04:07 GROW OUR SAFETY MEASURES GROW WITH THE DEMAND.
12:04:13 DURING THE TIME -- I'M SORRY -- THESE ARE THE PRECAUTIONS
12:04:19 THAT WE HAVE TAKEN SINCE THEN.
12:04:21 ON THE DAY OF DECEMBER 19, AFTER WE WERE FINED, WE'VE HAD
12:04:26 CONSISTENT MEETINGS WITH OUR STAFF TO ENSURE THAT ALL
12:04:29 EMPLOYEES ARE MASKED.
12:04:31 AS YOU CAN SEE ON THE INCIDENT OF JANUARY 10th, THERE
12:04:34 WAS NO CITATION FOR PATRONS BEING UNMASKED.
12:04:40 IT WAS ABOUT SOCIAL DISTANCING, WHICH WE ALSO TEACH AND
12:04:47 TRAINED OUR STAFF, BUT UNFORTUNATELY WE FAILED IN THAT.
12:04:50 BUT WE'VE ALSO ORGANIZED AND ATTENDED ONE-ON-ONE MEETINGS
12:04:53 WITH YBOR CHAMBER OF COMMERCE PRESIDENT LEE BELL AND
12:04:56 COURTNEY ORR OF YCDC FOR BEST PRACTICES ON HOW TO
12:05:00 PROACTIVELY PARTNER WITH THE CITY AND CODE ENFORCEMENT.
12:05:05 WE HAVE MANDATORY TEMPERATURE CHECKS AT THE DOOR.
12:05:06 GLOVES AND MASKS ARE REQUIRED UPON ENTRY FOR ALL STAFF.
12:05:09 WE POST FACE MASKS ARE REQUIRED AND LIFT UP LOCAL
12:05:13 ORDINANCES ON OUR WINDOWS.
12:05:15 THE MASK AND FACE SHIELD IS REQUIRED UPON ENTRY AND MUST
12:05:19 BE WORN UNTIL GUESTS ARE SEATED AT A PRIVATE TABLE.
12:05:23 OUR SPACE IS FOGGED AND DISINFECTED AT LEAST TWICE A
12:05:26 WEEK.
12:05:26 WE PROVIDE CONSISTENT STAFF MEETINGS FOR FRONT OF THE
12:05:28 HOUSE AND BACK OF THE HOUSE WHERE WE CAN INFORM AND
12:05:30 STRESS NEW COVID-19 MANDATES AND SANITATION POLICIES.
12:05:33 GUESTS ARE ASKED TO WEAR MASKS WHEN WALKING AROUND THE
12:05:36 FACILITY.
12:05:37 IF A GUEST IS NOT WEARING ONE, AN EMPLOYEE KINDLY
12:05:40 REQUESTS THEM TO PUT THE MASK BACK ON.
12:05:42 IF THE GUEST IS NOT COMPLIANT, THEN IT GOES TO SECURITY
12:05:46 DETAIL.
12:05:46 GUESTS ARE PROHIBITED FROM WALK UP BAR SERVICE AND MUST
12:05:49 BE SEATED TO RECEIVE SERVICE.
12:05:51 TOUCHLESS SANITATION MACHINES THAT ARE STATIONED
12:05:53 THROUGHOUT THE FACILITY.
12:05:54 OUR DEEJAY ANNOUNCES CONSISTENTLY ON THE PA SYSTEM THAT
12:05:57 GUESTS ARE TO WEAR THEIR MASKS AND WILL NOT RECEIVE
12:06:00 SERVICE FROM THE BAR IF THEY ARE NOT SEATED.
12:06:02 MANY INSTANCES WE HAVE STOPPED THE MUSIC AND STOPPED
12:06:05 SERVING THE BAR UNTIL GUESTS COMPLY.
12:06:08 WE ALSO HAD SECURITY ESCORT PATRONS OUT.
12:06:10 WE FINANCE OVER $3,000 IN ADDITIONAL SEATING FOR GUESTS
12:06:14 THROUGHOUT OUR SPACE.
12:06:15 WE INCREASED STAFFING TO INCLUDE A DOOR MAN TO EXPLAIN
12:06:18 RESTAURANT POLICY.
12:06:19 WE HIRED POLICE TO HELP FACILITATE WITH PATRONS NOT
12:06:24 COMPLIANT AND MAY BE RESISTANT.
12:06:26 WE BUMPED UP SECURITY TO DISMAL $20,000 A MONTH EXPENSE
12:06:30 TO ESCORT PATRONS OUT WHO ARE NOT COMPLIANT.
12:06:33 WE'VE ADDED ADDITIONAL BAR SEATING AND GROUPINGS.
12:06:36 WE TRIPLED OUR OUTDOOR DINING OPTIONS.
12:06:39 TABLE SECTIONS ARE SPACED WITH DIVIDERS TO ENCOURAGE
12:06:42 SOCIAL DISTANCING AND I BELIEVE CODE ENFORCEMENT WAS
12:06:44 PRESENT WHEN WE DID THAT.
12:06:45 WE ADDED AN ADDITIONAL ENTRY AND EXTRA EXIT POINT BEHIND
12:06:50 OUR FACILITY, AND WE HAVE ALSO PROVIDED A FLOOR PLAN TO
12:06:54 ILLUSTRATE THE ADDITIONAL SEATING WHICH I BELIEVE WAS
12:06:57 E-MAILED TO MS. JOHNSON VELEZ AND WE ARE PARTNERING WITH
12:07:02 HEALTH MATTERS PHARMACY TO PROVIDE RAPID COVID-19 TESTING
12:07:05 FOR OUR EMPLOYEES.
12:07:06 OUR EXPERIENCE WITH COVID-19 HAS BEEN INCREDIBLY UNIQUE
12:07:09 IN THAT MYSELF AND MY PARTNER, DR. WRIGHT ARE BOTH
12:07:13 PRACTICING HEALTH CARE PROVIDERS.
12:07:14 WE HAVE ASSISTED IN COVID-19 TESTING SITES AND HAVE
12:07:16 ADMINISTERED THE VACCINE.
12:07:18 WE HAVE SEEN THE RAMIFICATION OF THIS VIRUS FIRST HAND IN
12:07:21 OUR PRACTICES AND UNDERSTAND THAT THIS IS SOMETHING NOT
12:07:23 TO BE TAKEN LIGHTLY.
12:07:25 SUSPENDING OUR LIQUOR LICENSE WOULD ABSOLUTELY DEVASTATE
12:07:29 OUR BUSINESS AND IMPACT OUR EMPLOYEES AND VENDORS.
12:07:32 NOT ONLY IS OUR ALCOHOL LICENSE AT RISK, WE ARE NOW IN
12:07:35 JEOPARDY OF LOSING OUR BUSINESS ALTOGETHER BECAUSE OUR
12:07:39 LANDLORD FEELS -- FEARS HIS WET ZONING LICENSE IS AT
12:07:41 RISK.
12:07:41 WE'RE ASKING FOR GRACE TODAY AND A CONTINUING PARTNERSHIP
12:07:44 WITH THE CITY TO PROVIDE THE SAFEST ENVIRONMENT FOR OUR
12:07:46 STAFF AND PATRONS DURING THIS TRYING TIME.
12:07:49 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER, I SAW YOUR
12:07:51 HAND UP, SIR.
12:07:55 >>JOHN DINGFELDER: THANK YOU, MR. CHAIRMAN.
12:07:57 THANK YOU, DOCTOR.
12:07:58 I JUST WANTED TO GET SOME CLARIFICATION ON THE MITIGATION
12:08:02 AND THE REMEDIES THAT YOU'VE IDENTIFIED IN TERMS OF
12:08:05 OFF-DUTY POLICE, DISINFECTANT, MUSIC, ANNOUNCEMENTS, CAN
12:08:10 YOU HEAR ME OKAY?
12:08:12 >> I CAN.
12:08:14 >> SO IN YOUR CASE, THE ALLEGATIONS ARE THAT THE OFFICERS
12:08:18 CAME IN ON THE 19th OF DECEMBER AND GAVE YOU THE FIRST
12:08:24 CITATION WITH WARNINGS, ET CETERA, AND THEN CAME BACK ON
12:08:28 JANUARY 10, APPROXIMATELY TWO, THREE WEEKS LATER AND
12:08:32 ISSUED THE SECOND CITATION.
12:08:34 THE SECOND CITATION WAS BASICALLY ABOUT SOCIAL DISTANCING
12:08:38 ON ESPECIALLY THE DANCE FLOOR.
12:08:40 THEN YOU SAID YOU SUBSEQUENTLY REMEDIED THAT WITH CHAIRS
12:08:42 AND TABLES AFTER YOU GOT THE SECOND CITATION ON THE
12:08:46 10th.
12:08:47 WHAT MY QUESTION IS, ALL OF THE THINGS THAT YOU PUT INTO
12:08:53 PLACE ABOUT ANNOUNCEMENTS, MUSIC, TRAINING, SECURITY,
12:08:57 DISINFECTION, ET CETERA, WHEN DID THAT OCCUR?
12:09:00 DID THAT OCCUR AFTER THE 10th OF JANUARY OR DID THAT
12:09:04 OCCUR BETWEEN DECEMBER 19th AND JANUARY 10th?
12:09:09 CAN YOU BE A LITTLE MORE SPECIFIC ON WHEN YOU PUT THOSE
12:09:12 MITIGATIONS INTO PLAY?
12:09:15 >> WE'VE BEEN DISINFECTING OUR SPACE SINCE THE START OF
12:09:18 OUR OPENING BUSINESS, AFTER OUR BUSINESS WAS CLOSED DOWN
12:09:21 DUE TO COVID-19 ORDINANCES.
12:09:25 AFTER DECEMBER, WE DOUBLED OUR FOGGING AND DISINFECTING.
12:09:28 THE SECURITY HAPPENED AFTER DECEMBER AS WELL.
12:09:32 WE'VE HAD INCIDENTS TO WHERE WE ASKED, EMPLOYEES ASK, IT
12:09:36 IS A RISK TO THEIR SAFETY.
12:09:39 AS YOU CAN YouTube IT AND YOU CAN SEE FROM EARLY
12:09:42 ANNOUNCEMENTS THERE ARE PEOPLE WHO ARE VERY VOCAL ABOUT
12:09:45 NOT WEARING MASKS, AND WE DO NOT EMPLOY OUR EMPLOYEES TO
12:09:51 BE POLICE.
12:09:52 WE TELL THEM TO ASK NICELY.
12:09:54 AND SOMETIMES SECURITY IS AVAILABLE AND SOMETIMES
12:09:56 SECURITY IS NOT.
12:09:57 I'M SORRY, YOU WERE ASKING ABOUT THE POLICE WE HIRED, I
12:10:02 DON'T REMEMBER THE ACTUAL DATE, BUT WE DO THAT AS A
12:10:04 SAFETY MEASUREMENT, BUT IT HAS BEEN NECESSARY FOR US TO
12:10:07 NOW CALL THE POLICE.
12:10:09 WE CALLED THEM MULTIPLE TIMES ABOUT PAY LICENSE TO WHO
12:10:15 ARE NOT WILLING TO LEAVE AND SECURITY IS NOT ABLE TO
12:10:18 HANDLE IT.
12:10:20 >>MARTIN SHELBY: MARTIN SHELBY.
12:10:21 I WANT TO INQUIRE, COUNCILMAN DINGFELDER, I WANT TO BE
12:10:24 CLEAR THAT THE GENTLEMAN IS COMPLETE WITH HIS
12:10:27 PRESENTATION AND THE OTHER PEOPLE WITH HIM, DO THEY WISH
12:10:31 TO SPEAK?
12:10:32 IF THAT'S NOT THE CASE, THAT'S FINE, TOO.
12:10:37 I WANT TO BE CLEAR WE HOLD THE QUESTIONS TO THE END OF
12:10:39 THE PRESENTATION RATHER THAN INTERRUPT IF WE CAN.
12:10:42 I WASN'T QUITE SURE IF HE WAS FINISHED.
12:10:44 I'M SORRY TO INTERRUPT.
12:10:45 >>GUIDO MANISCALCO: IS THERE MORE TO THE PRESENTATION,
12:10:46 SIR, FROM THE LADIES BEHIND YOU, OR NO?
12:10:52 >> I'D JUST --
12:10:54 >>GUIDO MANISCALCO: YOUR NAME.
12:10:55 >> DR. VONDALYN WRIGHT.
12:10:58 I WOULD LIKE TO SPEAK ON THE FACT THAT SOMETIMES WHEN WE
12:11:02 ASK OUR PATRONS TO PUT ON MASKS, THEY CAN GET COMBATIVE.
12:11:08 WE'VE BEEN TOLD BY SOME PATRONS THAT WE'RE VIOLATING THE
12:11:13 HIPAA RIGHTS AS FAR AS ASKING THEM TO PUT ON MASKS AND
12:11:21 THEY HAVE REASONS THEY WON'T.
12:11:22 I JUST WANTED TO MAKE THAT STATEMENT.
12:11:28 >> HI.
12:11:29 I'M KHALILAA MCDUFFIE.
12:11:31 I'M ALSO ONE OF THE PARTNERS AT 7th + GROVE.
12:11:33 I ALSO WANT TO ADD, WE HAVE A GOOD RELATIONSHIP WITH CODE
12:11:36 ENFORCEMENT.
12:11:37 WHATEVER THEY ASK OF US, WE TRY TO CORRECT IT RIGHT THEN,
12:11:41 RIGHT AWAY.
12:11:43 WHEN THEY COME BACK, WE LET THEM BACK IN.
12:11:45 WE ASK THEM IS THIS DONE CORRECTLY?
12:11:47 THEY NORMALLY SAY YES, NORMALLY SAY NO.
12:11:50 IF THEY SAY NO, WE ASK RIGHT THEN AND THERE, HOW DO WE
12:11:54 FIX IT?
12:11:54 HOW DO WE MAKE IT RIGHT?
12:11:56 WE DO HAVE A GOOD RELATIONSHIP WITH CODE ENFORCEMENT.
12:11:58 I DON'T WANT THIS TO SEEM LIKE WE'RE BASHING THEM OR
12:12:03 DON'T HAVE A GOOD RELATIONSHIP.
12:12:04 ANYTHING THEY HAVE EVER ASKED US AT 7th + GROVE, WHEN
12:12:08 THEY HAVE WRITTEN US UP, WE HAVE CORRECTED IT RIGHT THEN
12:12:12 AND RIGHT THERE.
12:12:12 WE WOULD LIKE TO COMPLETE THE RELATIONSHIP GOING.
12:12:15 WE'RE NOT TRYING TO GET ANY MORE CITATIONS, OF COURSE,
12:12:19 NOT.
12:12:19 IN THE PAST, ANYTHING THEY HAVE ASKED OF US AND IN THE
12:12:22 FUTURE WE HAVE FIXED AND WE HAVE THAT RELATIONSHIP WITH
12:12:25 CODE ENFORCEMENT THAT WE'RE NOT A PROBLEM CHILD.
12:12:28 WE WANT TO MAKE IT RIGHT.
12:12:29 >> WITH KHALILAA I WANTED TO ADD THAT WE ARE BEING SEEN
12:12:38 BY CODE ENFORCEMENT AT LEAST A COUPLE OF TIMES ON THE
12:12:40 NIGHTS THAT THEY ARE WORKING.
12:12:42 SO WE DO QUESTION THE REST OF THE CITY.
12:12:45 ARE THEY GETTING THE SAME FORCE THAT WE ARE BECAUSE WE
12:12:48 KNOW OF PLACES THAT PROBABLY ARE NOT SOCIAL DISTANCING OR
12:12:52 NOT PUTTING AS MUCH EFFORT AS WE ARE INTO COMPLYING, ARE
12:12:57 THEY GETTING THOSE SAME VISITS THAT WE GET EVERY SINGLE
12:13:00 TIME THAT CODE ENFORCEMENT IS OUT?
12:13:05 >>GUIDO MANISCALCO: ALL RIGHT.
12:13:06 >> ONE MORE COMMENT.
12:13:08 I WANT TO LET THE BOARD KNOW THAT WE'VE ONLY RECEIVED TWO
12:13:12 CITATIONS IN THIS ENTIRE TIME.
12:13:14 AGAIN, CODE ENFORCEMENT HAS BEEN VERY COOPERATIVE, AND
12:13:17 WE'VE BEEN VERY COOPERATIVE WITH THEM AS WELL.
12:13:19 AGAIN, IT IS NOT A BASHING THING.
12:13:21 WE WANTED TO ALSO INDICATE THAT WE'VE ONLY RECEIVED TWO.
12:13:25 >>GUIDO MANISCALCO: THANK YOU.
12:13:26 COUNCILMAN GUDES.
12:13:27 >>ORLANDO GUDES: LET ME CHECK OUT THE VIOLATIONS.
12:13:31 WE HAVE ONE VIOLATION ON THE 19th.
12:13:33 IS THAT FOR NO MASK?
12:13:39 I NEED TO UNDERSTAND IF WE'RE GETTING A CITATION FOR THE
12:13:42 COVID-19 EXECUTIVE ORDER OR A CITATION, ISSUE ONE FOR NO
12:13:47 MASK AND ONE FOR NO STANDING.
12:13:50 HOW DOES THAT WORK?
12:13:52 HOW DOES THAT COMPLY?
12:13:53 I KNOW I'VE BEEN DOWN TO YBOR CITY SEVERAL TIMES AND I
12:13:56 SEE EVERYBODY STANDING.
12:13:57 I'M WONDERING HOW DOES THAT WORK.
12:14:04 >>SUSAN JOHNSON-VELEZ: SENIOR ASSISTANT CITY ATTORNEY.
12:14:07 THE CITATIONS ISSUED DID, IN FACT, INDICATE THAT
12:14:11 EMPLOYEES WERE NOT WEARING A FACE COVERING WHEN NOT
12:14:15 MAINTAINING SOCIAL DISTANCING AND PATRONS WERE UNSEATED
12:14:18 ON THE DANCE FLOOR, ALSO SOMETHING PROHIBITED BY THE
12:14:21 ORDER.
12:14:21 IT'S NOT THAT YOU AS COUNCIL ARE ENFORCING THOSE
12:14:25 PARTICULAR ORDERS.
12:14:26 IT'S THAT A VIOLATION OF THE ORDER CONSTITUTES A
12:14:32 VIOLATION OF 27-318 OF THE LAND DEVELOPMENT CODE BECAUSE
12:14:36 IT IS A FAILURE TO COMPLY WITH HEALTH AND SANITATION
12:14:40 REGULATIONS.
12:14:40 THE CITATION ITSELF IS ADDRESSED IN COUNTY COURT --
12:14:46 >>ORLANDO GUDES: I HEAR WE HAVE A VIOLATION FOR STANDING.
12:14:49 THEN I HEAR THERE IS A MASK.
12:14:51 I'M TRYING TO FIGURE, ARE THERE TWO DIFFERENT TYPE OF
12:14:56 CITATION?
12:14:57 ALL ONE AND ANYTHING CATEGORIZED IS IN ONE ORDINANCE.
12:15:01 >>SUSAN JOHNSON-VELEZ: WHAT THE ORDER ADDRESSES IS
12:15:03 WEARING A FACE COVERING.
12:15:04 IF YOU'RE STANDING WITHOUT WEARING A FACE COVERING, IF
12:15:07 YOU'RE CONGREGATING WITHOUT WEARING A FACE COVERING, THAT
12:15:11 IS THE CRUX OF THE VIOLATION.
12:15:12 THAT IS THE BASIS FOR THE PROCEEDINGS WHICH AGAIN IS A
12:15:15 FAILURE TO COMPLY WITH HEALTH LAWS WHICH GIVES YOU CAUSE
12:15:20 TO CONSIDER SUSPENSION OF THE AB LICENSE UNDER 27-318, IF
12:15:25 THAT'S CLEAR.
12:15:26 IF YOU HAVE ANY QUESTIONS.
12:15:28 >>ORLANDO GUDES: I GET THAT.
12:15:29 WHEN I LOOK AT SOME PHOTOS AND LOOK AT THE OTHER PERSON'S
12:15:33 PHOTO, IN MY MIND, WHEN I PICTURE DRIVING DOWN YBOR AND I
12:15:37 SEE A BUNCH OF PEOPLE STANDING INSIDE THE BARS, I'M
12:15:39 TRYING TO FIGURE OUT, THAT'S WHY I ASK, IS THERE A
12:15:43 COUNTER MEASURE TO SAY HOW MANY PEOPLE.
12:15:45 THERE CAN ONLY BE SO MANY SEATS IN A BAR.
12:15:48 WHERE ARE THEY SITTING AT?
12:15:51 >>SUSAN JOHNSON-VELEZ: THE ORDERS, PERSONS WHO ARE NOT
12:15:55 SEATED, BUSINESSES ARE PRECLUDED FROM SERVING ANYONE WHO
12:15:58 IS NOT SEATED AT THE BAR OR AT A TABLE.
12:16:01 SO PEOPLE HAVE TO BE SEATED.
12:16:03 THEY ARE NOT TO BE CONGREGATING AROUND THE BARS.
12:16:05 THEY ARE NOT SUPPOSED TO BE SERVED IF THEY ARE STANDING
12:16:07 AT THE BAR.
12:16:09 >>ORLANDO GUDES: GO TO OLIVE GARDEN, YOU HAVE TO WAIT
12:16:12 OUTSIDE UNTIL PEOPLE COME OUT TO BE SEATED.
12:16:15 >>SUSAN JOHNSON-VELEZ: THAT'S MAYBE A POSSIBILITY.
12:16:17 WHAT THE ORDER --
12:16:19 >>ORLANDO GUDES: SOMETHING WE MAY NEED TO ADDRESS DOWN
12:16:21 THE LINE, WHAT IT SOUNDS LIKE TO ME.
12:16:25 >>GUIDO MANISCALCO: OLIVE GARDEN.
12:16:27 >>ORLANDO GUDES: YEAH, WENT TO OLIVE GARDEN.
12:16:30 SOCIAL DISTANCING.
12:16:30 IT WAS A 45-MINUTE WAIT AND YOU HAD TO WAIT FOR SEATS.
12:16:34 THAT'S WHY I ASKED THAT QUESTION.
12:16:35 >>GUIDO MANISCALCO: ANY OTHER QUESTIONS OR COMMENTS?
12:16:38 IS THE CITY GOING TO CROSS-EXAMINE ANY OF THE WITNESSES
12:16:43 HERE?
12:16:43 YES, MA'AM, GO AHEAD.
12:16:49 >>CAMARIA PETTIS-MACKLE: CAMARIA PETTIS-MACKLE FROM THE
12:16:50 CITY ATTORNEY'S OFFICE, FOR THE RECORD.
12:16:52 I APOLOGIZE, IS IT DR. GLENN?
12:16:56 >> YES.
12:16:56 >>CAMARIA PETTIS-MACKLE: YOU STATED THE SAFETY MEASURES
12:17:00 -- SAFETY PRECAUTIONS YOU TOOK REGARDING THE HAND
12:17:04 SANITIZER, YOU DID THAT AFTER YOU RECEIVED YOUR CITATION,
12:17:08 CORRECT?
12:17:10 >> NO, THIS IS AFTER COVID, AFTER WE OPENED UP COVID.
12:17:18 WE DID ORDER EXTRA HAND SANITIZER DISPENSERS THAT WERE
12:17:22 TOUCHLESS INSTEAD OF KEEPING A HAND SANITIZER PUMP, WE
12:17:25 ORDERED TOUCHLESS HAND SANITIZERS.
12:17:27 WE ORDERED ABOUT TWO OR THREE EXTRA.
12:17:29 >>CAMARIA PETTIS-MACKLE: BUT THE ADDITIONAL AVENUES TO
12:17:33 ADDRESS, IN ORDER TO COME TO COMPLIANCE FOR THE
12:17:36 ORDINANCES FROM THE COUNTY AND FROM THE CITY, YOU TOOK
12:17:38 THOSE MEASURES AFTER YOU RECEIVED THIS CITATION.
12:17:41 >> ABSOLUTELY.
12:17:42 YES.
12:17:42 >>CAMARIA PETTIS-MACKLE: THE CITY HAS NO FURTHER
12:17:44 QUESTIONS.
12:17:45 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
12:17:46 DO WE HAVE ANY PUBLIC COMMENT AT THIS TIME?
12:17:48 ANYBODY IN THE PUBLIC WISH TO SPEAK ON THIS ITEM
12:17:52 REGARDING 7th AND GROVE RESTAURANT AND BAR?
12:17:55 I DON'T BELIEVE SO BECAUSE I CHECKED AHEAD OF TIME, BUT
12:17:59 IF THERE IS, NOW IS YOUR TIME TO COME UP.
12:18:02 OKAY.
12:18:06 I DON'T BELIEVE THERE IS.
12:18:07 IT IS NOW THE RESPONDENT'S REBUTTAL.
12:18:10 SIR, YOU HAVE TIME TO REBUT IF YOU'D LIKE OR SAY ANY
12:18:15 FINAL COMMENTS BEFORE WE GO TO THE CITY AND CLOSE THE
12:18:17 HEARING.
12:18:18 >> JUST THANK YOU FOR YOUR TIME.
12:18:20 AGAIN, WE ARE JUST THREE ENTREPRENEURS WHO REALLY WANTED
12:18:23 TO MAKE A CHANGE IN TAMPA AND WANTED TO MAKE A
12:18:25 DIFFERENCE.
12:18:26 THIS AFFECTS OUR LIVELIHOOD DRASTICALLY, NOT JUST OURS
12:18:32 BUT OTHERS.
12:18:32 WE KNOW THAT THE ALCOHOL LICENSING IS UP TO YOUR
12:18:38 DECISION, BUT, AGAIN, AS I STATED BEFORE, THIS IS NOT
12:18:42 JUST ABOUT DAYS THAT WE'RE OUT OF BUSINESS.
12:18:45 THIS IS ABOUT AFFECTING A LOT OF FAMILIES AS WELL AS
12:18:50 POSSIBLY THE DETRIMENT OF OUR BUSINESS.
12:18:52 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
12:18:53 ALL RIGHT.
12:18:54 NOW IT'S THE CITY'S OPPORTUNITY TO REBUT.
12:18:57 MS. JOHNSON VELEZ.
12:19:02 >>SUSAN JOHNSON-VELEZ: THANK YOU.
12:19:03 SUSAN JOHNSON-VELEZ, SENIOR ASSISTANT CITY ATTORNEY.
12:19:07 I WILL BE BRIEF.
12:19:08 I THINK THE TESTIMONY THAT THE CITY PROVIDED, AGAIN,
12:19:15 SHOWED CLEARLY THAT 7th + GROVE WAS IN VIOLATION OF
12:19:19 SECTION 27-318-C-1-F FOR FAILING TO COMPLY WITH THE TWO
12:19:24 EXECUTIVE ORDERS THAT WE DESCRIBED HERE THIS AFTERNOON.
12:19:27 AND THERE'S NO CONTRADICTING TESTIMONY OR EVIDENCE IN THE
12:19:34 RECORD.
12:19:35 I APPRECIATE DR. GLEN'S COMMENTS, BUT NONE OF THEM OR OF
12:19:40 HIS BUSINESS PARTNERS CONTRADICTED ANY OF THE EVIDENCE OR
12:19:43 TESTIMONY PRESENTED BY THE CITY, WHICH, AGAIN, WE BELIEVE
12:19:47 SHOWS CLEARLY THE VIOLATIONS.
12:19:50 I WILL ACKNOWLEDGE THERE HAVE BEEN NO FURTHER VIOLATIONS
12:19:52 SINCE THE TWO THE INSPECTORS INITIALLY DESCRIBED IN THEIR
12:19:56 TESTIMONY, AND I WILL FURTHER ACKNOWLEDGE THAT
12:19:58 REPRESENTATIVE OF 7 + GROVE DID CONTACT ME AND I DID
12:20:03 SPEAK TO HER.
12:20:04 SHE SENT US A DIAGRAM OF CORRECTIVE MEASURES THEY HAVE
12:20:07 TAKEN SINCE THE VIOLATIONS.
12:20:08 CERTAINLY, THOSE ARE THINGS THAT COUNCIL CAN TAKE INTO
12:20:11 ACCOUNT WHEN THEY ARE CONSIDERING THE PENALTY PHASE OF
12:20:15 THIS.
12:20:15 BUT WE WOULD ASK AT THIS TIME THAT BASED ON THE EVIDENCE
12:20:18 AND THE TESTIMONY THAT THE CITY HAS PROVIDED, WHICH WE
12:20:21 CLEARLY BELIEVE SHOWS A VIOLATION OF SECTION
12:20:23 27-318-C-1-F, THAT THE COUNCIL DOES MAKE A FINDING THAT
12:20:29 THERE HAS BEEN A VIOLATION AND THEN IN CONSIDERING THEIR
12:20:31 PENALTY, THAT COUNCIL CONSIDER PENALTY OF UP TO THREE-DAY
12:20:35 SUSPENSION -- SORRY, OVER THREE-DAY SUSPENSION FOR THIS
12:20:41 ESTABLISHMENT.
12:20:41 >>ORLANDO GUDES: I DON'T KNOW IF IT WILL GO TO MR. SHELBY
12:20:44 OR MS. VELEZ.
12:20:46 THIS BOARD DECIDE THAT THERE IS A VIOLATION, BUT THE BODY
12:20:54 DOES NOT DECIDE TO IMPOSE OR IMPOSES CERTAIN NUMBER OF
12:20:59 DAYS, THAT'S WITHIN OUR RIGHT, CORRECT?
12:21:03 >>SUSAN JOHNSON-VELEZ: YES, THAT'S CORRECT.
12:21:05 IT IS A TWO-STEP PROCESS, ESSENTIALLY.
12:21:09 COUNCIL MAY CONSIDER SUSPENDING THE AB APPROVAL AFTER YOU
12:21:13 MAKE A FINDING THAT THERE HAS BEEN A VIOLATION.
12:21:16 >>ORLANDO GUDES: OR COULD THE VIOLATION BE NOTED THAT
12:21:19 THERE IS A VIOLATION AND IT JUST BE STIPULATED IN THE
12:21:23 RECORD IF WE GO TO THE NEXT STEP THAT A VIOLATION DID
12:21:26 OCCUR WITH OTHER SANCTIONS IMPOSED AFTERWARDS?
12:21:29 >>SUSAN JOHNSON-VELEZ: I'M SORRY.
12:21:30 I DON'T UNDERSTAND.
12:21:31 >>ORLANDO GUDES: IF THIS BODY DECIDES A VIOLATION DID
12:21:33 OCCUR AND THEY ARE CITED AND WE SAY SANCTION, VIOLATION.
12:21:38 WE DON'T IMPOSE ANY DAYS OR ONE DAY, AS LONG AS WE IMPOSE
12:21:43 THAT A VIOLATION OCCURRED THEN WE MET OUR MANDATE OF
12:21:48 MAKING SURE THAT CRITERIA WAS MET, CORRECT?
12:21:53 >>MARTIN SHELBY: MR. CHAIRMAN, IF I CAN, I'M GOING TO
12:21:59 CITE AND READ FROM 27-318.
12:22:02 CITY COUNCIL MAY SUSPEND THE ABILITY TO SELL ALCOHOLIC
12:22:04 BEVERAGES FOR UP TO 30 DAYS FOR THE FIRST VIOLATION, 60
12:22:10 DAYS FOR THE SECOND VIOLATION AND 90 DAYS FOR THE THIRD
12:22:14 VIOLATION.
12:22:15 UPON THE FOURTH OR SUBSEQUENT VIOLATION, CITY COUNCIL MAY
12:22:18 CONSIDER REVOCATION OF THE APPROVAL TO SELL ALCOHOLIC
12:22:21 BEVERAGES.
12:22:22 IN DETERMINING WHETHER TO SUSPEND OR REVOKE AN APPROVAL
12:22:26 TO SELL ALCOHOLIC BEVERAGES, CITY COUNCIL SHALL CONSIDER,
12:22:29 A, THE GRAVITY OF THE VIOLATION.
12:22:33 B -- I BELIEVE THIS GOES TO YOUR QUESTION -- ANY ACTIONS
12:22:36 TAKEN BY THE VIOLATER TO CORRECT THE VIOLATION, AND C,
12:22:39 ANY PREVIOUS VIOLATIONS COMMITTED BY THE VIOLATOR.
12:22:43 SO, YES, A FINDING OF A VIOLATION DOES SUBJECT THEM TO
12:22:47 GREATER PENALTIES FOR SUBSEQUENT VIOLATIONS, BUT AS TO
12:22:50 THE PENALTY PHASE, YOU CERTAINLY CAN TAKE INTO ACCOUNT
12:22:54 EITHER MITIGATING OR AGGRAVATING FACTORS BEFORE YOU
12:22:58 DETERMINE WHETHER UP TO 30 DAYS FOR THE FIRST VIOLATION.
12:23:03 >>ORLANDO GUDES: CAN YOU READ B AGAIN FOR ME, SIR?
12:23:07 B.
12:23:10 >>MARTIN SHELBY: IT SAYS IN DETERMINING WHETHER TO
12:23:12 SUSPEND OR REVOKE AN APPROVAL TO SELL ALCOHOLIC
12:23:15 BEVERAGES, CITY COUNCIL SHALL CONSIDER, A, THE GRAVITY OF
12:23:22 THE VIOLATION; B, ANY ACTIONS TAKEN BY THE VIOLATOR TO
12:23:26 CORRECT THE VIOLATION; AND C, ANY PREVIOUS VIOLATIONS
12:23:30 COMMITTED BY THE VIOLATOR.
12:23:33 >>ORLANDO GUDES: THANK YOU, SIR.
12:23:34 >>GUIDO MANISCALCO: THANK YOU VERY MUCH.
12:23:39 >>GUIDO MANISCALCO: DO WE HAVE A MOTION TO CLOSE THE
12:23:41 PUBLIC HEARING AND THEN TAKE ANY MOTIONS? MOTION TO
12:23:43 CLOSE FROM COUNCILMAN GUDES.
12:23:44 SECOND BY COUNCILMAN CARLSON, I BELIEVE.
12:23:46 ALL IN FAVOR.
12:23:50 >>JOHN DINGFELDER: MOVE TO RECEIVE AND FILE.
12:23:52 >>GUIDO MANISCALCO: MOTION FROM COUNCILMAN GUDES, SECOND
12:23:55 FROM COUNCILMAN CARLSON.
12:23:56 ALL IN FAVOR, AYE.
12:23:59 >>MARTIN SHELBY: THANK YOU, COUNCILMAN DINGFELDER.
12:24:01 >>GUIDO MANISCALCO: ALL IN FAVOR OF CLOSING THE PUBLIC
12:24:03 HEARING.
12:24:03 MOTION FROM COUNCILMAN GUDES, SECOND FROM COUNCILMAN
12:24:08 CARLSON.
12:24:09 ALL IN FAVOR, AYE.
12:24:10 WHAT IS THE PLEASURE OF COUNCIL?
12:24:15 >>ORLANDO GUDES: MR. CHAIR, I'LL TAKE A STAB AT IT.
12:24:21 THERE IS A VIOLATION, THERE'S NO DOUBT OF THAT.
12:24:23 I THINK THERE ARE SOME CIRCUMSTANCES IN THIS CASE, ONE
12:24:29 BEING, AND I NOTED ABOUT THE STANDING AND THE NUMBER OF
12:24:31 PEOPLE IN A BAR AND THINGS LIKE THAT THAT I'VE SEEN.
12:24:34 >>JOHN DINGFELDER: CAN I INTERRUPT WITH A POINT OF ORDER,
12:24:38 MR. GUDES AND MR. CHAIRMAN?
12:24:39 IT'S IMPORTANT.
12:24:41 >>MARTIN SHELBY: I WOULD APPRECIATE HEARING WHAT COUNCIL
12:24:44 MEMBER DINGFELDER'S POINT OF ORDER IS, PLEASE.
12:24:46 >>GUIDO MANISCALCO: COUNCILMAN DINGFELDER.
12:24:48 >>JOHN DINGFELDER: COUNCILMAN GUDES, AS MR. SHELBY
12:24:51 INDICATED, WE HAVE TO TAKE ONE STEP AND THEN THE NEXT
12:24:54 STEP.
12:24:56 >>MARTIN SHELBY: THANK YOU VERY MUCH, COUNCILMAN
12:24:58 DINGFELDER.
12:24:58 I'M GOING TO ASK COUNCILMAN GUDES TO BE MORE SPECIFIC,
12:25:02 THAT WHEN YOU ACTUALLY DO MAKE A DETERMINATION OF A
12:25:06 VIOLATION THAT YOU DO ACTUALLY MAKE IT AS A FINDING OF
12:25:09 FACT AND REFER TO THE FACT SO THAT IF A CASE SHOULD EVER
12:25:12 END UP IN CIRCUIT COURT, THAT THE CIRCUIT COURT JUDGE
12:25:15 REVIEWS YOUR CASE KNOWS THAT YOU HAVE MADE SPECIFIC
12:25:18 FINDINGS.
12:25:24 IN TERMS OF THE ALLEGATIONS AND --
12:25:26 >>ORLANDO GUDES: MAKE THE FINDINGS AND THEN THE SECOND
12:25:28 PHASE OF THE PENALTY PHASE.
12:25:29 >>MARTIN SHELBY: THAT WILL BE AFTER YOUR VOTE.
12:25:34 >>ORLANDO GUDES: I MAKE A MOTION THAT THE VIOLATIONS DO
12:25:37 STAND WITH THE CITY AND THE FACT THE VIOLATIONS OF THE
12:25:41 PUBLIC HEALTH AND SAFETY OF THE STANDING THAT WAS ISSUED.
12:25:46 I'M GOING TO FIND THEM IN VIOLATION.
12:25:48 >>GUIDO MANISCALCO: WE HAVE A MOTION.
12:25:52 YES, COUNCILMAN DINGFELDER.
12:25:54 >>JOHN DINGFELDER: I'LL SECOND THE MOTION AND I'LL JUST
12:25:56 ADD TO THE SPECIFIC FINDINGS WITH THE PERMISSION OF
12:26:01 COUNCILMAN GUDES THAT, THAT THE VIOLATIONS OCCURRED ON
12:26:05 DECEMBER 19, 2020 AS ALLEGED BY THE CITY AND CITY STAFF,
12:26:11 AND THEN SUBSEQUENTLY WITH WARNING, ADDITIONAL WARNING ON
12:26:15 JANUARY 10, 2021 AT THE LOCATIONS STATED IN THE PETITION.
12:26:20 >>GUIDO MANISCALCO: WE HAVE A MOTION FROM COUNCIL MEMBER
12:26:23 GUDES.
12:26:24 WE HAVE A SECOND FROM COUNCILMAN DINGFELDER.
12:26:26 ROLL-CALL VOTE.
12:26:30 >>JOHN DINGFELDER: YES.
12:26:32 >>JOSEPH CITRO: YES.
12:26:33 >>CHARLIE MIRANDA: YES.
12:26:36 >>BILL CARLSON: YES.
12:26:37 >>ORLANDO GUDES: YES.
12:26:39 >> VIERA?
12:26:40 MANISCALCO?
12:26:40 >>GUIDO MANISCALCO: YES.
12:26:41 >>THE CLERK: MOTION CARRIED WITH VIERA BEING ABSENT.
12:26:44 >>GUIDO MANISCALCO: IS THERE A FOLLOW-UP?
12:26:52 >>ORLANDO GUDES: I WAS NOT HERE THE FIRST TIME AROUND --
12:26:55 >>GUIDO MANISCALCO: IT CAN GO FROM 0 TO 30 DAYS.
12:26:58 >>ORLANDO GUDES: ZERO DAYS WITH SECTION B OF THE
12:27:01 ORDINANCE OF CORRECTIVE ACTIONS.
12:27:03 >>GUIDO MANISCALCO: VERY GOOD.
12:27:04 WE HAVE A MOTION FROM COUNCILMAN GUDES.
12:27:06 SECOND FROM COUNCILMAN CARLSON.
12:27:08 ROLL-CALL VOTE.
12:27:10 >>JOHN DINGFELDER: YES.
12:27:15 >> CITRO?
12:27:15 >>JOSEPH CITRO: YES.
12:27:18 >>CHARLIE MIRANDA: YES.
12:27:19 >>BILL CARLSON: YES.
12:27:21 >>ORLANDO GUDES: YES.
12:27:23 >> VIERA?
12:27:23 MANISCALCO?
12:27:24 >>GUIDO MANISCALCO: YES.
12:27:25 >>THE CLERK: MOTION CARRIED WITH VIERA BEING ABSENT.
12:27:27 >>GUIDO MANISCALCO: THERE'S IT.
12:27:29 CAN WE GET A MOTION TO RECEIVE AND FILE?
12:27:31 YES, SIR.
12:27:34 >>ORLANDO GUDES: I DON'T KNOW IF I NEED TO DO THIS
12:27:37 OFF-LINE.
12:27:38 LOOKING AT THESE HEARINGS NOW AND I'M SEEING SOME THINGS
12:27:41 THAT PIQUE MY INTEREST AND MY EYE, ESPECIALLY THE LAST
12:27:45 CASE, SIR.
12:27:46 I THINK WE NEED TO LOOK AT --
12:27:48 >>MARTIN SHELBY: I WOULD PREFER THAT WE TALK ABOUT IT
12:27:51 OFF-LINE.
12:27:52 AGAIN, REMINDER, COUNCIL, JUST AS WITH ANY QUASI-JUDICIAL
12:27:58 MATTER, YOUR DECISION HAS AN APPEAL PERIOD SUBJECT TO
12:28:01 APPEAL.
12:28:02 I WOULD CAUTION YOU TO BE MINDFUL OF THE 30 DAYS AND TO
12:28:05 NOT COMMENT ON ANY CASES RELATED TO YOUR DECISION.
12:28:08 THANK YOU.
12:28:08 >>GUIDO MANISCALCO: DO WE HAVE A MOTION TO RECEIVED AND
12:28:10 FILE?
12:28:11 MOTION FROM COUNCILMAN GUDES.
12:28:12 DO WE HAVE A SECOND?
12:28:14 SECOND FROM COUNCILMAN CARLSON.
12:28:15 ALL IN FAVOR?
12:28:17 AYE.
12:28:17 WE ARE ADJOURNED.
12:28:18 [ SOUNDING GAVEL ]
12:28:19
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