February 18, 2021 Special Meeting Minutes Proposed Panhandling Ordinance. - FINAL with signature pageThursday, February 18, 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://www.youtube.com/channel/UCc2j0JhnR8Hx0Hj13RhCJag/v
ideos?view=2&live_view=501
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: Panhandling Ordinance at 1:00 PM
February 18, 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.2.PANHANDLING ORDINANCE NO. 07-21 (SECOND READING/PUBLIC
HEARING)
Sponsors: City Attorney Department
Attachments: Panhandling Ordinance 1-25-21
SP.1. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE PUBLIC
The Special Commission Meeting was called to order at 1:17 p.m.
The roll call was taken by Katerri Johnson, City Clerk, and the following
were present:
Others Present Were:
Interim City Manager, Jennifer Alvarez
City Attorney, Lynn Gelin
City Clerk, Katerri Johnson
Michael Kahn, Attorney
A Certified Court Reporter
Mayor Shelly Petrolia, Deputy Vice Mayor Shirley Ervin Johnson, Commissioner
Adam Frankel, Vice-Mayor Ryan Boylston, and Commissioner Juli Casale
Present:5 -
SP.3. PUBLIC COMMENT ON AGENDA ITEM ONLY
Nicole Morse, residing at 1575 Spring Harbor Drive, Delray Beach,
commented she was not in favor of passing the Ordinance No. 07-21.
Jeff Suede, residing at 1107 11th Way, West Palm Beach, stated he
opposed Ordinance No. 07-21.
Andrea Trainor, residing at 1611 Crest Drive, Lake Worth, mentioned her
concern regarding the definition of aggressive panhandling.
Daniel Kirsch, residing at 153796 73rd Terrace N, Palm Beach Gardens,
was not in favor of passing Ordinance No. 07-21.
David Rae, resident of West Palm Beach, was not in favor of passing
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February 18, 2021City Commission Minutes - Final
Ordinance No. 07-21.
Sandra Autorino, residing at 8190 Bellafiore Way, Boynton Beach, asked
the Commission to allow the Homeless Task Force to develop an
alternative solution.
Nicolas Cubides, residing at 4237 Willow Pond Circle, West Palm Beach,
expressed his concerns regarding Ordinance No. 07-21.
Sona Shornden, residing at 804 E Windward Way, Unit 508, Lantana,
requested a thirty-day
extension to allow the community to respond. She believed it was not the
right time to pass Ordinance No. 07-21.
Sandra Schmidt, residing at 6768 Las Colinas Street, Lake Worth,
requested the Commission to table the ordinance.
Julmene Louime, residing at 125 SE 29th Avenue, Boynton Beach, voiced
his concern about how Ordinance No. 07-21 would impact the homeless.
Marc Cason Goins, 220 NW 7th Street, Delray Beach, felt the community
needed more time to plan Ordinance No. 07-21.
Catherine Colemeir, residing at 5031 1st Avenue S, Lantana, expressed
her opposition towards Ordinance No. 07-21.
Rick Ireland, residing at 820 Tangerine Way, Delray Beach, representing
the Homeless Task Force, was not in favor of Ordinance No. 07-21.
Chloe Elkins, residing at 5359 Island Gypsy Drive, Greenacres, stated she
was against passing Ordinance No. 07-21.
Marianne DeYoung, residing at 502 20th Avenue N, Lake Worth, requested
the Commission not to pass Ordinance No. 07-21.
Lynne Bernay, residing at 224 Colony Way West, Jupiter, opposed
Ordinance No. 07-21.
Jeff Weinberger, resident of Tamarac, was not in favor of passing
Ordinance No. 07-21.
Dick Weir, residing at 2010 NW 15th Place, Delray Beach, requested the
Commission to work with the Homeless Task Force and to table Ordinance
No. 07-21.
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February 18, 2021City Commission Minutes - Final
Mable McDonough, residing at 345 SW 7th Avenue, Delray Beach, asked
the Commission to work with the Homeless Task Force rather than pass
Ordinance No. 07-21.
Alexis Talbot, Pastor of Casson United Methodist Church, located at 342 N
Swinton Avenue, Delray Beach, recommended the Commission to work
with the Homeless Task Force to create alternative solutions.
There was consensus to allow Summer Barnes to speak behind the
podium.
Summer Barnes, Public Defender, residing at 411 SW 5th Avenue, stated
Ordinance No. 07-21 would raise additional issues within the prison
system.
Pauline Moody, P.O Box 8196, Delray Beach, suggested the city’s
homeless population stems from out of state individuals who come to
Florida for addiction treatment and never leave.
Maura Plante, CEO of Living Hungry, located at 933 SW 2nd Avenue,
Delray Beach, asked the Commission to table Ordinance No. 07-21 and
work together as a community to resolve the homeless and panhandling
problem.
Leonard Gross, residing at 7027 Boscanni Drive, Boynton Beach, reported
he was a retired law professor and expressed his opposition towards
proposed Ordinance No. 07-21.
Marie Batista, residing at 620 High Point Blvd N, Unit B, Delray Beach, felt
Ordinance No. 07-21 would be targeting the homeless community.
Ingrid Lee, residing at 1441 E Bexley Park Dr, Delray Beach, inquired why
the old ordinance is not being amended.
Carol Anderson, residing at 4812 E Bexley Park Drive, Delray Beach,
inquired how Ordinance No. 07-21 would affect section 118 of the City
Code.
Katerri Johnson stated there were no further recorded public comments.
Public comments from the audience:
Gina Pierre, Manager at the Amazon Hub Corner Office, located at 400
West Atlantic Avenue, Delray Beach, asked the Commission to look for
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February 18, 2021City Commission Minutes - Final
alternative solutions.
James McCray, residing at 700 Lindell Blvd, Delray Beach, stated he
believed Ordinance No. 07-21 was racially biased.
Mathi Mugilan, residing at 1510 North D Street, Lake Worth, remarked that
homeless people do not necessarily pose a threat to others but require a
place to live.
Nicholas Cubides, residing at 4237 Willow Pond Circle, West Palm Beach,
believed the current Palm Beach County ordinance was acceptable and
should not be changed. He felt constitutional rights would be violated if
Ordinance No. 07-21 passed.
Jess Woode, residing at 1107 11th Way, West Palm Beach, believed
Ordinance No. 07-21 was unconstitutional.
Ezra M. Krieg, Vice Chairman of the Delray Beach Housing Authority,
residing at 2904 Needham Ct, Delray Beach, expressed his concerns and
advised the Commission not to pass Ordinance No. 07-21.
Lynn Gelin, City Attorney, requested a two-minute recess to speak with Mr.
Kahn. Ms. Gelin stated for the record that the city’s current panhandling
ordinance was more restrictive than proposed Ordinance No. 07-21.
Michael Kahn, Attorney, explained proposed Ordinance No. 07-21 does
not regulate or restrict homelessness. He reiterated that Ordinance No.
07-21 was a solicitation ordinance which covers everyone who solicits, not
just known panhandlers. Mr. Kahn concluded his presentation and
welcomed questions.
Mr. Kahn and Ms. Gelin answered questions from the Commission.
Ezra Krieg, Vice Chairman of the Delray Beach Housing Authority,
expressed why he believed that Ordinance No. 07-21 was directed at the
homeless population.
In response, Javaro Sims, Chief of Police, provided clarification regarding
arrests and returning belongings to released individuals.
Vice Mayor Boylston voiced he would have preferred a collaborative plan
before voting on this Ordinance No. 07-21.
Deputy Vice Mayor Johnson was not in favor of passing Ordinance No.
07-21 at this time.
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February 18, 2021City Commission Minutes - Final
She commended the Homeless Task Force for their hard work.
Lynn Gelin, City Attorney, reminded the Commission before COVID-19,
she was directed to draft an ordinance addressing aggressive panhandling
within the City of Delray Beach.
Commissioner Casale believed protecting the city’s residents and
business owner’s commerce was the Commission’s responsibility.
Commissioner Frankel stressed the ordinance was thoroughly researched
and believed the previous testimonies provided indicated a need for
Ordinance No. 07-21.
Commissioner Frankel made a motion to approve Ordinance No. 07-21
on Second Reading. It was seconded by Commissioner Casale. The
motion carried by the following vote:
There being no further business to discuss, the Special Meeting was
adjourned at 4:48 p.m.
Yes:Mayor Petrolia, Commissioner Frankel, Vice-Mayor Boylston, and Commissioner
Casale
4 -
No:Deputy Vice Mayor Ervin Johnson1 -
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ATTEST:
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
herein the Minutes is ofinformation provided the February 18, 2021
Special City Commission Meeting
were formally approved and adopted by the City Commission on March 25, 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.
held on February 18, 2021 which minutes