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January 27, 2021 Special Meeting Minutes Proposed Panhandling Ordinance- FINAL with signature pageWednesday, January 27, 2021 1:00 PM City of Delray Beach 100 NW 1st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 - Fax: (561) 243-3774 www.mydelraybeach.com Delray Beach City Hall - https://youtu.be/YzIPXtzqB3M City Commission Mayor Shelly Petrolia Vice Mayor Ryan Boylston Deputy Vice Mayor Shirley Ervin Johnson Commissioner Adam Frankel Commissioner Juli Casale Minutes - Final Special Meeting: Proposed Panhandling Ordinance at 1:00 PM January 27, 2021City Commission Minutes - Final Pursuant to Section 3.12 of the Charter of the City of Delray Beach the Mayor has instructed me to announce a Special Meeting of the City Commission to be held for the following purposes: SP.1.PROPOSED PANHANDLING ORDINANCE NO. 07-21 Sponsors:City Attorney Department Panhandling Ordinance 1-25-21Attachments: The Special Commission Meeting was called to order at 1:00 p.m. The roll call was taken by Katerri Johnson, City Clerk, and the following were present: Present: 4 - Mayor Shelly Petrolia, Deputy Vice Mayor Shirley Ervin Johnson, Commissioner Adam Frankel, and Commissioner Juli Casale Vice Mayor Boylston arrived at 2:17 p.m. Others present were: Jennifer Alvarez, Interim City Manager Lynn Gelin, City Attorney Katerri Johnson, City Clerk Lynn Gelin, City Attorney, introduced Michael Kahn, Attorney, and informed the Commission that the purpose of the meeting was to gather testimony on aggressive panhandling in the City of Delray Beach. Mr. Kahn provided the Commission background on his education, career, and specialization in first amendment ordinances. He explained the preparation, intentions, and parameters of the aggressive panhandling ordinance. Mr. Kahn entered the following exhibits into the record: Exhibit 1: St. Augustine Panhandling Ordinance Exhibit 2: Daytona Beach Panhandling Ordinance Exhibit 3: Transcript of the Port Orange Ordinance, with the first transcript dated December 8, 2020 Exhibit 4: Flash drive which contains the items mentioned above Exhibit 5: Petitions signed by at least 100 residents of Delray Beach who support the proposed ordinance to ban aggressive panhandling after dark Mr. Kahn called witnesses to the podium. The court reporter swore in all individuals who provided testimony. Page 1City of Delray Beach Printed on 3/2/2021 January 27, 2021City Commission Minutes - Final Ana Louise Saunders, Senior Project Engineer with BSE Consultants, reported Mr. Kahn hired her firm to apply buffer parameters to various uses and locations throughout the city. Ms. Saunders presented the firm’s findings. Mr. Kahn entered the research from BSE into the record noting that the map is not a part of the Ordinance. Exhibit 6: Research from BSE Damien Salvatore Ferraiolo, Community Outreach Officer with the City of Delray Beach Police Department, stated he had personally witnessed aggressive panhandling. He explained the various encounters and locations in which he experienced aggressive panhandling. Sergeant Meer Deen, Tactical Team Unit with the City of Delray Beach, reported he witnessed and was a victim of aggressive panhandling within the City of Delray Beach. He informed the Commission he receives numerous complaints from businesses about their patrons being panhandled while dining outside. Additionally, he had seen panhandlers defecate in front of public places. He also reported he had examined local panhandlers' backpacks and found weapons, drugs, and stolen credit cards. Kenneth Brotz, Police Officer with the City of Delray Beach, reported he had witnessed aggressive panhandling within the City of Delray Beach. Officer Brotz has received numerous complaints from business owners and employees about customers being panhandled. Officer Brotz noted there are many intersections throughout the city where aggressive panhandling exists. He reported panhandlers defecating on a public site and informed the Commission that a popular spot for known panhandlers is the Pavilion, which serves as a greeting point in the city. Officer Brotz found knives, box cutters, and drugs in panhandlers’ backpacks. He favored proposed Ordinance No. 07-21. Khaled Alami, Police Officer with the City of Delray Beach notified the Commission he had made arrests due to aggressive panhandling within the city limits. Officer Alami supports Ordinance No. 07-21. Amanda Skeberis, Neighborhood and Community Services Department Administrator, stated that she was a victim of aggressive panhandling. She informed the Commission of various locations throughout the city that she receives the most complaints from business owners about panhandling. Ms. Skeberis mentioned she had witnessed defecation in areas where panhandlers are known to frequent. She supported the proposed Ordinance and believed it would benefit citizens and tourists’ health, safety, Page 2City of Delray Beach Printed on 3/2/2021 January 27, 2021City Commission Minutes - Final and welfare. Crista Mockenhaupt, Fire Rescue Captain with the City of Delray Beach, stated that she read and understood proposed Ordinance No. 07-21. Captain Mockenhaupt explained she had been panhandled and provided examples of her experiences. She reported finding items such as knives, box cutters, and drugs while searching panhandlers’ backpacks. Additionally, she informed the Commission that she receives numerous calls from Publix and Walmart stores requesting assistance for the panhandlers. Shawn Robert Beckowitz, Fire Rescue Captain with the City of Delray Beach, reported he read and understood proposed Ordinance No. 07-21. Captain Beckowitz cited two instances when he was aggressively panhandled and verified, he had witnessed known panhandlers defecating & urinating where citizens and tourists pass by. Joseph Falcone, Fire Rescue Captain with the City of Delray Beach, confirmed he read and understood proposed Ordinance No. 07-21. He experienced and witnessed panhandling throughout the city. He reported finding items such as heroin, crack pipes, and knives in panhandlers’ backpacks, and mentioned an aggressive panhandler pistol whipped an individual who refused to give him money. Captain Falcone advised the Commission he supported the proposed Ordinance 07-21 to enhance the citizens’ and tourists’ health, safety, and welfare in Delray Beach. Missie Barletto, Public Works Director, acknowledged she read and understood Ordinance No. 07-21. She described how she was aggressively panhandled in December 2019, at the 100ft Christmas Tree Lighting Event. Ms. Barletto provided examples of witnessing open defecation and urination in public areas and incidents of aggressive panhandling at the South Bound exit off I-95 and Atlantic Avenue and Linton and Congress Avenue. Michael Karali, Deputy Director of Public Works, confirmed that he read and understood Ordinance No. 07-21. He explained his department had cleaned up defecation and urination on several occasions throughout the City of Delray Beach. Mr. Karali spoke about his experience being aggressively panhandled. There being no further business to discuss, the meeting was adjourned at 4:18 p.m. Page 3City of Delray Beach Printed on 3/2/2021 ATTEST: The undersigned is the City Clerk of the City of Delray Beach, Florida, and the herein the Minutesinformation provided is of the January 27, 2021 on January 27,Special City Commission Meeting held 2021 which Minutes were formally approved and adopted by the City Commission on March 2, 2021. NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above.