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Minutes 12-05-17 MINUTES OF THE SPECIAL COMMUNITY REDEVELOPMENT AGENCY AND THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY DECEMBER 5, 2017, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Lori LaVerriere, City Manager Justin Katz, Vice Mayor James Cherof, City Attorney Mack McCray, Commissioner Judith A. Pyle, City Clerk Commissioner Romelus (left meeting at 9:54pm) Joe Casello, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:30 p.m. Roll Call City Clerk Pyle called the roll. A quorum was present Invocation Commissioner McCray gave the invocation Pledge of Allegiance to the Flag Vice Mayor Katz led the Pledge of Allegiance to the Flag. Roll Call for CRA Board City Clerk Pyle called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections None 2. Adoption Motion Board Member McCray moved to approve the CRA agenda. Board Member Romelus seconded the motion. Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 Vote The motion unanimously passed. Chair Grant indicated the first item was Old Business the first addendum to the interlocal agreement for the Town Square Project. Mike Simon, CRA Executive Director, stated the item before the CRA board was to approve the first addendum to the (ILA) interlocal agreement for the Town Square Project, which was approved in June 2017, for the use of CRA funding under last year fiscal budget of $2.1M. The item before the board was an addendum adding an additional $2.5M to go towards the Town Square Project. Tim Howard, Assistant City Manager, said the ILA (Interlocal Agreement) for the CRA agenda as well as the Commission agenda was included in the backup. He indicated this was the first amendment. This amends the existing ILA that was in place for $2.1 M, this will add funding of $2.5M, bringing the total not to exceed amount of $4.6M. The expiration of this ILA was September 2018. Motion Vice Chair Katz moved to approve. Seconded by Board Member Casello. Vote 4-1 (Board Member McCray dissenting) Board member McCray stated he was aware these funds were allocated towards the Town Square project. He was planning to vote no. He said these funds could be utilized elsewhere in the City. Board Member Casello stated a point of information; the Board was doing what was already approved. Mr. Howard indicated this was just the vehicle between the CRA and the City of Boynton Beach. Board Member McCray wanted to clarify, he was voting no. Motion Board Member McCray moved to adjourn. Vice Chair Katz seconded the motion. Vote Unanimously approved. 2 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 A. Call to Order of the City Commission Meeting - Mayor Steven B. Grant Mayor Grant asked if there were any addition/ deletions or corrections. Agenda Approval: 1 . Additions, Deletions, Corrections Attorney Cherof indicated there was a request to move item 14-J which was listed improperly as a Future Agenda Item, be moved to 9-E which is a Public Hearing for December 5, 2017. This item would return to the City Commission on December 19, 2017. Motion Commissioner McCray moved to approve. Vice Chair Katz seconded the motion. Vote The motion unanimously passed. 2. Adoption Mayor Grant asked for a motion to approve agenda as amended. Motion Commissioner McCray moved to approve agenda as amended. Vice Mayor Katz seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Vice Mayor Katz, has nothing to disclose. Commissioner McCray, nothing to disclose, would be making mention of an individual that made a telephone call to him, he told him to appear before the board to present his case. No other disclosure. 3 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 Mayor Grant indicated on November 22 attended the Boynton Beach Police Department Shoot or Don't Shoot demonstration, a media day at the firing range. They had live simulation training. The Cities also hosted the League of City at Benevento Restaurant. November 27th, had lunch with the Ocean Ridge City Manager and attended the employee pension board. November 28, attended the Police's Quarter auction, which was a great event. December 4th, attended the Boynton Beach Fire Department Holiday Dinner. December 5th attended the Score Luncheon and spoke on Radio 850. Commissioner Romelus gave kudos to staff for all of their hard work to put on the annual Christmas Parade and Tree Lighting. Commissioner Casello indicated he had no disclosure. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement by Andrew Mack, Director of Development that the City of Boynton Beach has achieved a Class 6 rating as part of the National Flood Insurance Program's (NFIP) Community Rating System (CRS). Andrew Mack, Director of Development, introduced Shane Kittendorf, Building Official and the project lead. Shane Kittendorf, Building Official, said this was a great honor to stand before the Commission to acknowledge the City staff and accomplishments. The City was getting an increase in the class rating and providing a 20% discount to our neighbor's throughout the City of Boynton Beach. The Federal Emergency Management agency has awarded the City of Boynton Beach a Class 6 rating through the NFIP Community Rating System (CRS), an increase from previous Class 7 rating to a Class 6. The improved score would allow the citizens of Boynton Beach to purchase flood insurance at a 20% discounted premium. The estimated savings to property owners would be approximately $665,000 annually. This is an additional $175,000 increase in savings from the previous year. The City was one of 25 Palm Beach County Communities participating in the program. There were seven Palm Beach County Communities which received a Class 6 rating or better. They are Boynton Beach, Cloud Lake, Wellington and West Palm Beach. A Class 5 rating was Juno Beach, Jupiter and Palm Beach County. The Community Rating System was a volunteer program, which recognizes and encourages Community efforts that exceed NFIP minimum requirement of Flood Plain Management. The CRS program emphasizes three goals: the reduction of flood losses, facilitating accurate insurance rating and promoting the awareness of flood insurance. Mr. Kittendorf acknowledged this was a team effort Citywide. 4 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 Mayor Grant asked when the insurance rate can be realized. Mr. Kittendorf responded the rate was effective October 1, 2017. Commissioner McCray requested clarification of the savings and if the savings was for the City or for individuals. Mr. Kittendorf stated the estimated saving for homeowners was $665,000. He indicated there was an additional $175,000 from the previous year. B. Announcement of Tire Amnesty Week by Jeff Livergood. Jeffery Livergood, Director of Public Works and Engineering, indicated this was Tire Week. The City would pick up 8 tires without cost to the residents. The tires must be separated from other garbage. He indicated the City has advertised tire amnesty. He continued brochures have been sent to property owners. He informed the Commission the next tire amnesty week would be June 2018. Mayor Grant asked how the residents can inform Public Works they have tires to be picked up. Mr. Livergood replied they need to contact Public Works at 561- 742-6200, Mayor Grant asked if there was an email available. Mr. Livergood stated the residents could use Livergoodj@bbfl.us. Commissioner McCray asked how the Public Works Department handles tires on vacant lots. Mr. Livergood indicated the City of Boynton Beach cannot legally go onto private property. It is the property owner's responsibility to remove the tires. Commissioner McCray stated some property owners do not live within the city. Mr. Livergood suggested if residents have old tires there was a nice use for them by creating a tire snowman. C. Announce the upcoming Sara Sims Park Improvement and Implementation Schedule Meeting to be held on Wednesday, December 13th at 6:00PM at the Carolyn Sims Center, 225 NW 12th Avenue. Mayor Grant announced the upcoming Sara Sims Park Improvement and Implementation Schedule Meeting to be held on Wednesday, December 13th at 6:00 PM at the Carolyn Sims Center, 225 NW 12th Avenue. D. The 46th Annual Boynton Beach CRA and the City of Delray Beach Holiday Boat Parade will be on Friday, December 8, 2017 and will start at 6:30 p.m. Mayor Grant announced the 46th Annual Boynton Beach CRA and the City of Delray Beach Holiday Boat Parade will be on Friday, December 8, 2017 and will start at 6:30 p.m. 5 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 E. Cityoffices will be closed on Friday, December 22nd and Monday, December Y� 25th in observance of the Christmas holiday. City offices will also be closed on Monday, January 1 , 2018 in observance of New Year's Day. Mayor Gran announced Friday, December 22nd and Monday, December 25th 2017, City Hall will be close for the Christmas holiday. City Offices will also be closed on Monday, January 1st, in observance of New Year's Day. Commissioner McCray wanted to thank staff for getting the flyers out in district 2 regarding the Sara Sims meeting. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance mayneed to be adjusted 1 depending on the level of business coming before the City Commission) Susan Ross, Director School House Museum, said the tree was lit and the music was playing and the museum has many activities durng this holiday season. Some of those things include ginger bread cookie day, Hanukkah with Ms. Ellen, Polar Express, a Family and community event on December 20 for Grinchmas from 10:00 am till 10:30 am would be reading the story of how the Grinch Stole Christmas, a candy cane hunt after the story time. She indicated the Grinch was scheduled to make an appearance. She also stated some of the Who's from Whoville would be making an appearance. This was open to the public and it is free. She continued they have a Santa workshop, snap crackle pop, count down to the New Year, and games galore. Ms. Ross said the School House Museum has something going on every day. Commissioner McCray thanked Ms. Ross for coming back to the meetings. Indicated she was missed. Susan Oyer, 140 SE 27th Way, reminded everyone she was collecting mascara wands. If you wanted to donate, drop them off at Oyer Insurance. Wanted to ask Commissioner Romulus if she was judging the Holiday Christmas decorating contest in her neighborhood. Steven Anton 234 SE 2nd Avenue, said his discussion was on unintended consequences. Recently we the Police Chief resigned. There was an incident which two police officers were convicted. Now all of a sudden, we do not like the Federal Government. The City of Boynton Beach had a Category 5 Hurricane. The City of Boynton Beach just received a$665,000 saving because we have unintended consequences. He asked who places items on the agenda. 6 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 Vice Mayor Katz stated he understood the item the resident was speaking about, even though the name was being avoided was on the agenda. Vice Mayor Katz asked for the resident to wait until the item comes up for discussion. Commissioner Casello indicated the Chief did not have to leave. He could remain with the City for another 20 years. Lori LaVerriere, City Manager stated Chief Katz is retiring and this was a new chapter in his life. Michael Gergora, 3018 Westwood Lane, offered some help and assistance to the Veterans. On December 12 the Veterans Administration in West Palm Beach was going to putting on a class regarding overdoses and additions. He indicated they were offering rides to the classes. This would be education and intervention; they are working with the Veterans Administration, Palm Beach County Court System and Palm Beach Sheriff Office. He wanted to get his information out there. If anyone knows of a Veteran in distress, whether it was legal, financial or drug addiction. He was here representing disabled American veterans and veterans of global war and terror. Stephen Seto, 3404, SE 2nd Street, this item would be on next week's agenda. The Seacrest Scrub Trail is a natural preserve; the southwest corner was in danger of development. This piece of land was pristine. He would recommend checking out this site. Many people are not aware the property was in danger of being rezoned. Overseas developers wanted to take this land. This was scrub land; there are turtles and many keystone species. He stated if they get this proposal, this would destroy this area. Vote no to change the zoning. Dr. Piotr Blass, 113 Tara Lakes Drive, the first thing that he would like to say, the Chief should not leave. The Chief has done an incredible job with the Police Department. He stated the Sheriff Department wanted to take that over. He stated in one year he would be Mayor. He stated Christina Romelus was monitoring the state of minds that are filled with uncertainty. He stated they are trying to work with the Haitian community. His vision was that the TPS should be readdressed. He said there are some very positive things, he gives the Mayor and the Commission at this point they were safe. He was hoping for the University of Boynton in the area of the mall. Malls of this county are dying. His vision was to build the highest building in the world. He said this would house not just the University of Boynton, businesses and other income. At this point there would be no more property taxes. Mayor Grant announced seeing no one else coming forward, Public Audience was closed. Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 5. ADMINISTRATIVE A. Authorize Commissioner Romelus to travel to Orlando for Florida League of Cities Legislative Policy Committee meeting and FLC Legislative Conference December 5-9, 2017 Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. B. PROPOSED RESOLUTION NO. R17-119 - Authorize the Mayor to sign an amendment to the Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) for the CRA funding of the Town Square Redevelopment Project increasing the amount not to exceed $4,600,000. Tim Howard, Assistant City Manager stated this budget amendment was approved at the CRA board. This was the City Commission approval. Motion Commissioner Casello moved to approve. Commissioner Romelus seconded the motion. Vote 4-1 (Commissioner McCray dissenting) C. PROPOSED RESOLUTION NO. R17-120 - Amend the adopted FY 2017-2018 General Fund Budget from $83,241,077 to $89,752,645, an increase of $6,511 ,568. Commissioner Casello requested clarification of item. Tim Howard, Assistant City Manager, indicated this budget amendment for the General Fund, was the result of three things. One was two of the items the City Commission approved last year, as budget amendments in June. One was $2.1M for the ILA (Interlocal Agreement) with the CRA as of September 30. The City has expended $358,000 of the allocated amount. He stated the way the budgeting works with the General Fund, any unspent budget appropriations lapse, and needs to be re-budgeted if 8 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 it needs to be continued in the new fiscal year. The other item the Commission approved last year was a budget amendment for $2,265,423 out of the Fund Balance for the Phase One contract of Town Square, in the event the Commission does not proceed with Phase 2, which was construction, this would be the cost that the City would be obligated to pay if they decided not to proceed forward. Again, that lapse as of September 30th, and needs to be re-budgeted. The third piece was the ILA ( Interlocal Agreement) which was just approved between the CRA and the City Commission for fiscal year 17/18 for $2.5M. This budget amendment would put the budget into place for those three items. The total of the three was the remainder of $2.1m, which would be $1.746M and the $2.5M, which was just approved would total $6,511,568. This would increase the Fund Budget this year. Motion Commissioner Casello moved to approve. Commissioner Romelus seconded the motion. Vote 4-1 (Commissioner McCray dissenting) D. PROPOSED RESOLUTION NO. R17-121 - Authorizing the City Manager to sign Amendment #2 to the Town Square Redevelopment to continue the construction activities in the Old High School while the Phase II contract is under development. Commissioner McCray stated he will support the Old High School, only because it has been started. Motion Commissioner Casello moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. E. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: 9 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 Arts Commission: 4 Regs and 2 Alts Building Board of Adjustments & Appeals: 3 Regs and 2 Alts Education and Youth Advisory Board: 3 Regs, 2 Alts, 2Alts, 2 Stu, 1NVStu Employee Pension Board : 2 Reg Historic Resource Preservation Board: 1 Reg Library Bd: 2 Regs and 2 Alts Planning and Development Bd: 4 Regs and 2 Alts Recreation and Parks Bd: 2 Regs and 2 Alts Senior Advisory Bd: 2 Regs and 1 Alts Commissioner McCray stated he requested a listing of people who have some absenteeism problem. Discrepancy of attending meeting, they were on boards but was not functioning. Judith Pyle, City Clerk, indicated the new list has the absentees on it, it has one applicant on the Education and Youth Advisory Board has four absences, the other was the Planning and Development Board had three absences. There was a recent training that the applicant did not go to. The other problems have been resolved, either they are not being reappointed or they have been removed from the board. Commissioner McCray asked for the names of the applicant with the absence problem. Clerk Pyle stated the name of the applicant of the Education and Youth Advisory Board was Anthony Altieri, he had four absences. The other one was on the Planning and Development Board, David Sholl, has 3 absences and missed a training. Commissioner McCray asked if the City paid any money for the training. Clerk Pyle stated the City paid $25. Commissioner Romelus said these were alternate members. Clerk Pyle indicated the Alternatives are required to attend all meetings. Commissioner Romelus asked even if there was a quorum with the regular member. Clerk Pyle stated they are required to attend all meetings. Motion Vice Mayor Katz moved to nominate Marcia Levine to the Arts Commission Board (REG). Commissioner Romelus seconded the motion. Vote The motion unanimously passed. 10 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 Motion Commissioner McCray moved to nominate Clovis Moodie to the Arts Commission Board (REG). Commissioner Romelus seconded the motion. Vote The motion unanimously passed. Motion Commissioner Romelus moved to nominate Lauren Huff to the Arts Commission Board (REG). Commissioner McCray seconded the motion. Vote The motion unanimously passed. Motion Commissioner Casello moved to nominate Robyn Lorenz to the Arts Commission Board (REG). Commissioner McCray seconded the motion. Vote The motion unanimously passed. Motion Commissioner McCray moved to nominate Timothy Hunt to the Building Board of adjustments and Appeals (REG). Commissioner Romelus seconded the motion. Vote The motion unanimously passed. Motion Mayor Grant Commissioner moved to nominate Tiffany North to the Education and Youth Advisory Board (REG). Commissioner McCray seconded the motion. Vote The motion unanimously passed. 11 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 Motion Vice Mayor Katz moved to nominate Lynne Gassant to the Education and Youth Advisory Board ( REG). Commissioner Romelus seconded the motion. Vote The motion unanimously passed. Motion Commissioner McCray moved to nominate Angelica Nevin to the Education and Youth Advisory (REG). Commissioner Romelus seconded the motion. Vote The motion unanimously passed. Motion Commissioner Romelus moved to nominate Valencia Spells-Anderson to the Education and Youth Advisory Board (ALT). Vice Mayor Katz seconded the motion. Vote The motion unanimously passed. Motion Commissioner Casello tabled his nomination. Vote The motion unanimously passed. Motion Mayor Grant moved to nominate Alana Thomas to the Education and Youth Advisory Board (STU). Commissioner McCray seconded the motion. Vote The motion unanimously passed 12 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 Motion Vice Mayor Katz moved to nominate Dariana Rodriguez to the Education and Youth Advisory Board (STU). Commissioner McCray seconded the motion. Vote The motion unanimously passed Motion Commissioner McCray moved to nominate Kathleen Wilkinson to the Education and Youth Advisory (NVSTU). Vice Mayor Katz seconded the motion. Vote The motion unanimously passed. Mayor Grant asked if the applicant must be residents of the City and a voter. Vice Mayor inquired if the application was filed late would there name be on the list. Clerk Pyle indicated once the list is published to the agenda no new names will be added. Motion Commissioner Casello moved to nominate Alice Warren to the Library Board (REG). Commissioner McCray seconded the motion. Vote The motion unanimously passed. Motion Mayor Grant moved to nominate Chris Simon to the Library Board (REG). Commissioner McCray seconded the motion. Vote The motion unanimously passed. 13 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 Motion Commissioner Romelus moved to nominate Robyn Bouchard to the Library Board (ALT). Commissioner McCray seconded the motion. Vote The motion unanimously passed. Motion Mayor Grant moved to nominate Floyd Zonenstein to the Planning and Development Board (REG). Commissioner McCray seconded the motion. Vote The motion unanimously passed. Motion Vice Mayor Katz moved to nominate Ryan Wheeler to the Planning and Development Board (REG). Commissioner McCray seconded the motion. Vote The motion unanimously passed. Motion Commissioner McCray moved to nominate David Katz to the Planning and Development Board (REG). Vice Mayor Katz seconded the motion. Vote The motion unanimously passed. Motion Commissioner Romelus moved to nominate Malcolm Gropper to Planning and Development Board (REG). Commissioner McCray seconded the motion. Vote The motion unanimously passed. 14 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 Motion Commissioner Casello tabled his alternate appointment. Vote The motion unanimously passed. Motion Mayor Grant moved to nominate Kevin Fischer to the Planning and Development Board (ALT). Commissioner McCray seconded the motion. Vote The motion unanimously passed. Motion Mayor Grant moved to nominate Lisa Browne-Banic to the Recreation & Parks Board (REG). Commissioner McCray seconded the motion. Vote The motion unanimously passed. Motion Vice Mayor Katz moved to nominate Renee Stern to the Recreation & Parks Board (REG).). Commissioner McCray seconded the motion. Vote The motion unanimously passed. Motion Commissioner McCray moved to nominate Daniel Schapiro to the Recreation & Parks Board (ALT). Commissioner Casello seconded the motion. Vote The motion unanimously passed. 15 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 Motion Commissioner Romelus moved to nominate Eric Ammon to the Recreation & Parks Board (ALT). Commissioner McCray seconded the motion. Vote The motion unanimously passed. Motion Commissioner Romelus moved to nominate Jennifer Gomez to the Senior Advisory Board (REG). Commissioner McCray seconded the motion. Vote The motion unanimously passed. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments Commissioner Casello requested to pull item 6.D Commissioner Romelus requested to pull item 6.A Mayor Grant requested to pull item 6.G A. Approve the Stor-All Luxury RV & Boat Storage" record plat, conditioned on the approval being the certification of the plat documents by Gary Dunmyer (City Engineer). Commissioner Romelus requested Staff to give an overview of this item. Gary Dunmyer, City Engineer indicated the plat has been reviewed for all technical requirements and it fits all technical requirements. Commissioner McCray inquired when the Commission approved the applicant to have a Stor-All facility. 16 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 Andrew Mack, Director of Development, he believed it was a about a year ago the site plan was approved. The item before the Commission was a boundary plat that will unify all the properties. There were several parcels. It was a unification of the property. And some vacation of some of the easements. It was necessary to implement the site plan. Commissioner McCray understood and wanted to make sure everyone was aware this was approved prior to this agenda. Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion. Vote 4-1 (Commissioner Romelus dissenting). B. PROPOSED RESOLUTION NO. R17-122 - Authorize the Mayor to sign an Easement Agreement with Florida Power & Light Company (FPL) to grant an easement for water and sewer utilities at FPL's Boynton Beach Service Center located at 9293 South Military Trail. C. Authorize utilizing the State of Florida Alternate Contract #43211500- WSCA-15ACS for the purchase of Dell workstations and LCD monitors from Dell Marketing LP of Round Rock, TXZ for various City departments for the amount of $63,983.94 The City is allowed to purchase from State of Florida Contacts. D. PROPOSED RESOLUTION NO. R17-123 - Approve Authorize the Mayor to sign an Agreement with Palm Beach County for the monetary assessment for aquatic management services of the private Lake Shore Haven Canals and four private canals in Lake Eden Plat Four as part of Palm Beach County's MSTU program. Commissioner Casello needed clarification as to whether this monetary assessment would be used from Boynton taxpayer dollars for these private canals. Joseph Paterniti, Interim Utility Director, indicated this would be an assessment on the property owners adjacent to the canals. Commissioner Romelus stated she wanted to thank Jim Cherof, Colin Groff and Ms. Prymas for working on this item. This was something the residents of Diane Drive, Lake Eden and several other communities were looking forward to the cleaning of those canals. She understands it would take a few months to implement. 17 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 Commission McCray was in agreement with what was said by Commissioner Romelus. He stated the City has always had problems with the canals in this area of Boynton Beach. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. E. PROPOSED RESOLUTION NO. R17-124 - Authorize the City Manager to sign the Palm Beach County Interlocal Agreement to issue a declaration of local state of emergency and upon request of the County, the City shall staff each emergency shelter located within its municipal boundaries. F. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for December 5, 2017 - "Request for Extensions and/or Piggybacks." G. Approve the minutes from the Regular City Commission meeting held on November 21 , 2017. Mayor Grant indicated the Minutes need a correction on page 9. Mayor Grant stated he spoke with the property owner at 200 Knuth Road, not ALDI. Motion Commissioner McCray moved to approve the Consent Agenda. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 A. Approve award of the "Co-Operative Bid To Furnish, Deliver And Discharge Bulk Quicklime", Bid No.: 002-2821-18/IT, to Lhoist North America of Alabama, LLC as the lowest, responsive and responsible bidder meeting all specifications. The estimated annual expenditure is $350,000. This product will be ordered on an "As Needed" basis. 18 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 Commissioner McCray wanted to state to the citizens this fluctuates, One year the City spent $370,000, the following year the cost was $270,000. This was the water in Boynton Beach. Motion Commissioner Casello moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 8. COMMUNITY STANDARDS and LEGAL SETTLEMENTS- None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Approve Aldi Grocery Land Use and Rezoning (LUAR 17-006) to support the intended 17,Exeter / Sterling Records Phase III Major Site Plan Modification (MSPM 17-008) to construct a one-story, 56,160 square foot warehouse building and related site improvements, located at 1210 SW 35th Avenue in the M-1 (Industrial) zoning district. Applicant: Allan Hendricks, Caulfield & Wheeler, Inc. 1 . PROPOSED ORDINANCE NO. 17-032 - SECOND READING - Future Land Use Map Amendment from Office Commercial (00) to Local Retail Commercial (LRC). Attorney Cherof swore in all who would be testifying. Andrea Keiser, Dunay, Miskel, Backman, LLP.14 SE 4th Street, Suite 36, Boca Raton, Florida, thanked the Commission for the opportunity to present. She continued on November 21, there was a 1st reading. Nothing has changed since that reading. Ms. Keiser said her client was requesting a variance and a community design appeal request as well as a site plan approval. Ms. Keiser recalled at the last meeting ALDI explained the history and the applicants held meetings and the neighbors were supportive of the ALDI. Would like to address two conditions from the Planning and Development Board Commissioner McCray indicated he wanted a presentation on the property. Ms. Keiser indicated this ALDI would be the first in Boynton Beach. Showed an aerial view of the property located at 3452 West Boynton Beach Boulevard. The site was 19 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 over 2 acres. The applicant held a community meeting and the residents were supportive of the project. Commissioner McCray advised this was where the old driver's license office was located. Ms. Keiser said this was a one story, run down office building in need of development. Ms. Keiser showed the site plan and there was access to the property from Boynton Beach Boulevard and Knuth Road. First, the staff noticed that this property length was larger 40% than its width. Second, this property was smaller than most C-3 parcels in the City. The residential community was located in the east and the offices were located to the south. The commercial uses the site design has to take into account the back of houses and commercial vehicles, as such locating the build on the SE corner of the site plan. This was the most efficient and safe site plan lay out. Doing this would minimize the impacts to the residential community on the east. The applicant was proposing a wall and limiting the activity around the building around the north, south, and west side of building. The loading zone was on the south side of the building which was the farthest away from pedestrian activity. The loading zone was screened on the west, screens the residential community on the east, and is screened on the south. The access for the commercial vehicles was directly from Knuth. This would keep the loading activity farthest away from pedestrian activity. In order to meet other site standards of the codes with regard to parking and circulation and setbacks and buffers, this design was the most reasonable, sufficient and safe. Ms. Keiser indicated this was not the average big box building. There are a variety of materials that are used for this building. There was a materials board being provided. She showed the elevations of the building. There are a variety of building heights. Tonight the applicant was requesting a variance for a small portion for the rear yard setback. The Code requires a minimum 20 feet rear yard setback. The applicant exceeds the minimum Code requirement, and proposes 31 feet and 65 inches; there was a small portion of the building that was recessed. The applicant requires a variance. The variance request was for a little over 5 feet. This was the smallest portion of the building. The property line to the south was adjacent to parking spaces. Mayor Grant, asked if those 14 feet, was there going to be a drive way for two cars to drive through. Ms. Keiser replied this was a buffer. Mayor Grant said this would be for landscaping. Ms. Keiser continued the Community Design Appeal was the overhead bay door. The Code does not allow overhead bay door, does not allow to face public right of ways. The recessed portion of the building was intended to screen the residential community on the east. The applicant has minimized the visibility of the overhead bay door. The overhead bay door will be camouflaged by matching color son the wall. The curb will be modified at Knuth Road which ingresses. She said there was 14 to 17 feet of 20 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 landscaping and denser landscaping plus 48" hedge which farther minimizes visibility of the overhead bay door. The overhead door is located furthest from any pedestrian activity. Ms. Keiser said the City Code required the parapet return would not be viable from the public rights of way. The current elevation provides the enhancement the City requires. Commissioner Casello inquired as how high was the parapet. Ms. Keiser indicated the parapet articulation was 4 feet and the return was 2 feet. Major Grant asked what the total height with the parapet. Ms. Keiser indicated the highest part of the building was 26 feet. Ms. Keiser said the third request for community design appeal has to do with the Codes requirement to provide covered walkways. The Code requires 70 percent of the building facade on the front to have a covered walkway and 30 percent of the side corner. It was the Code provision to provide weather related relief to patrons. If the appliance provides the covered walkway, it only provides weather related relief to patrons leaving the building. In lieu of this the applicant purposes three hard covered trellises located through the parking lot, from west Boynton Beach Boulevard down the middle of the property. There was a walkway that has three trellises. The applicant proposes a 7 foot walkway which was adjacent to the landscaped curbed areas. The applicant has located there shopper carts, utilizing the quarter system, keeping the cart behind the walls. People really care about the quarter. This system was more efficient use of building façade. The shopping carts will be kept behind the wall. She stated blocking access to the public entrance was an inefficient use of the building facade. Commissioner McCray said because of the quarter system the City should not see ALDI carts on Boynton Beach Boynton. Mayor Grant inquired about the trellises, how far they were from Boynton Beach Boulevard. Ms. Keiser said they were located near the landscaped curved area. Commissioner Casello asked for a picture of the trellises. Ms. Keiser Indicated the details would be submitted to the City during permit review. Commissioner Casello inquired as to the make or type of the trellises. Mr. Jordan Ford, Director of Real Estate, replied the trellises will mimic the material used on the building. Some of the split face block as well as wood. Commissioner Casello asked about the color. Mr. Ford replied the color would match the building color. 21 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 Ms. Keiser indicated the last community design appeal was regarding off-street parking. The Code requires not more than 60 percent of the required parking can be located between the building and the right of way. The intent of the code was to reduce the appearance of a parking field. In this situation of the size and shape of the parcels, locate the parking in the west, to provide the most efficient traffic flow and to screen the areas from pedestrian activity. The applicant has offered, hard covered trellises, curbed landscaped area and a 7 feet pedestrian crosswalk. Commissioner McCray asked if there would be cement stops. Ms. Keiser answered yes. Ms. Keiser stated the Planning and Development Board did an excellent job, recommended approvals, with two conditions. One of the conditions was to reexamine lighting, to provide warm light instead of cool lights. She found conflicting studies of the health hazards. Ms. Keiser provided a study to the Commission from the US Department of Energy. The Study speaks about the most impact occurs when the exposure was long term. The applicant has purposed providing warm lighting. The impact to individual in the parking lots was not a concern. Commissioner Casello asked do you agree with the conditions of the Planning and Development Board. Ms. Keiser indicated her short answer was no. Ms. Keiser indicated the last condition was to add an additional handicap parking spaces, the current required parking was sufficient. Commissioner Casello asked if the applicant was against the handicapped parking. Ms. Keiser indicated she did not agree with the Planning and Development Board. Commissioner Casello inquired if there was an ALDI going in on Military Trail, on the south side of Hypoluxo Road. Commissioner Casello asked about the number of employees and pay scale. Mr. Ford indicated 20 employees, the pay scale would average of $12-$16 per hour. Commissioner Casello asked if the employees were offered benefits. Mr. Ford indicated they receive full health, 401 K, paid time off. Commissioner Casello inquired about the number of full-time employees. Mr. Ford indicated there were 15 full-time and 5 part-time positions at the store. Commissioner Romelus inquired about the energy efficiency of the store. Mr. Ford indicated all of the building Codes would be met and all of his buildings are energy efficient 22 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 Commissioner McCray asked about the refrigerated area, do they go on and off. Mr. Ford replied no, there are some stock lighting. Mayor Grant asked if there was a Palm Tran stop on the property on the right-away. Mr. Ford indicated there was a bus stop there. Major Grant inquired if there was any type of covering for that bus stop. Mr. Ford indicated not to date. Mayor Grant indicated since he does not know what the trellises look like; he did not know how much rain protection or weather protection they are doing. The applicant was asking for a variance and site appeal. The City said to reject working with Palm Tram, that was something he would like to see, a covering for the Palm Tram bus stop, he was not asking for the bus stop to match the building. There was a covered structure there for the people who are waiting for the bus. Mr. Ford stated the trellises are covered. They can wait at the bus stop at a covered area. Mayor Grant asked if that was something he was willing to do. Bonnie Miskel replied in some instances Palm Tram prefers other locations. They were happy to go back to Palm Tam to work with them. Mayor Grant said if Palm Tram does not want to do it then that would be OK. Ms. Miskel indicated they would go back to Palm Tram and work it out. Mayor Grant requested a motion. Motion Vice Mayor Katz moved to approve. Seconded by Commissioner McCray Clerk Pyle call the roll. Vote 4-1 (Commissioner Casello dissenting) Commissioner Casello said due to the refusal to make changes recommended by the Planning and Development Board he was against this. Mayor Grant asked if Commissioner Casello wanted make the handicap parking and the lighting as a condition of approval. The two are the Conditions of approval the warm lighting and the additional handicap parking spaces as required by the Planning and Development Board. Ms. Keiser advised the Board want to add additional handicapped parking spaces. 90 spaces were required and 92 were provided. 23 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 Ms. Miskel, indicated it does not work one per one, Ms. Miskel stated the client have two extra spaces. They maybe able to accommodate one more handicap space. Otherwise a variance would be required. Commissioner McCray, indicated when the City redid the Publix shopping center in front of the CVS, there was insufficient handicap parking. Ed Breeze, Principle Planner, the items that are being discussed was for the site plan. The condition was placed by the Planning and Development Board. If the applicant provided any additional parking without reducing below 90 parking spaces. He wanted to state a handicappedwas arkingplace larger than the normal parking space. p 9 Mayor Grant asked if an additional one handicapped parking space could be added. Commissioner McCray asked about the lighting. Mr. Breeze indicated that was not a staff condition. This was a Board condition. David Katz, Chair of the Planning and Development Board, the advised board was hoping to get two but would be happy to get one. There was some need for handicapped parking Mayor Grant asked about the lighting. Susan Oyer, 140 SE 27th Way, thought it could not be that difficult to make this type of change. She indicated we need to be proactive. The City of Boynton was a progressive, with the environment and the green aspect. This was near a retirement area. She indicated two spaces was not enough. Ms. Keiser indicated the applicant can substitute two parking spaces and add an additional handicapped parking space. Commissioner McCray asked what about the lighting. Attorney Cherof read the Ordinance by title only. Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion. Clerk Pyle called the roll. Vote 4-1 (Commissioner Casello dissenting) 24 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 2. PROPOSED ORDINANCE NO. 17-033 - SECOND READING - Rezone from C-1 (Office and Professional) to C-3 (Community Commercial). Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Clerk Pyle called the roll Vote 4-1 (Commissioner Casello dissenting) B. Approve Aldi Grocery Variance (ZNCV 17-001) for the relief from the City of Boynton Beach Land Development Regulations, Chapter 3, Article Ill, Section 3.C.3., Community Commercial (C-3) Building/Site Regulations, requiring a minimum rear setback of 20 feet, to allow a rear setback of 14 feet, a variance of 6 feet, for a proposed Aldi Grocery Store within the C-3 Community Commercial zoning district. Applicant: Bonnie Miskel, Duany, Miskel & Backman, LLP. Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion. Vote 4-1 (Commissioner Casello dissenting) C. Approve Aldi Grocery Community Design Appeals (CDPA 17-006) from 1) Chapter 4, Article Ill, Section 3.G., "Overhead doors facing rights-of-way"; 2) Chapter 4, Article III, Section 7.D.2., "Parapet roof return requirements"; 3) Chapter 4, Article Ill, Section 7.G.2. "Covered walks along building facades"; and 4) Chapter 4, Article Ill, Section 7.J.1 . "Off-street parking locational criteria". Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Vote 4-1 (Commissioner Casello dissenting) 25 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 D. Approve Aldi Grocery Major Site Plan Modification request (MSPM 17-005) to construct a one-story, 17,880 square foot grocery store building and related site improvements at 3452 W. Boynton Beach Boulevard. Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. Commissioner Romelus indicated we will have 5 handicapped parking spaces, 90 spaces in total. Commissioner McCray asked if they could work with the lighting. Mayor Grant stated they needed to contact Palm Tram regarding the covering on the Palm Tram benches. Vice Mayor Katz inquired if this was a request not a mandate. Mayor Grant stated it was requiring them to have confirmation before permit issue that they have spoken with Palm Tram and received a letter and have it submitted as part of the application. Mayor Grant asked for a motion to approve Motion Commissioner Romelus moved to approve with the conditions to add 5 handicapped parking spaces, time to work on the lighting, add a covered bench for individuals waiting for the bus and contact Palm Tram. Commissioner McCray seconded the motion Vote 4-1 (Commissioner Casello dissenting ) Major Grant indicated Item 14.J was moved as item 9.E. E. Approve Ocean Breeze East Rezoning (REZN 18-002) from MU-L2 (Mixed Use—Low Intensity 2 District) to MU-2 (Mixed Use 2 District) to support the conveyance of CRA-owned land for a mixed-use development on 4.39 acres in the Heart of Boynton District. Applicant: City-initiated Andrew Mack, Director of Development, indicated this was a map clean up, based on the work that has been done with the Consolidate CRA plan and the recently approved Land Use Change on July 18, 2017. The site was Ocean Breeze east. What was being requested was to make it consistent with the surrounding area. The current zoning designation was MU-L2: maximum density 30 du/ac this was the old district. The proposed zoning designation was to MU-2 with the maximum density 40 du/ac this was the new district. The MU-2 was preferable to MU-3 the (density cap 50du/ac) the density 26 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 cap was closer to that of the current zoning. Mr. Mack explained this zoning was more compatible with the recommendation for surrounding areas and was the closest zoning. Attorney Cherof read Ordinance 17-036 by title only. Mayor Grant inquired if all notifications have been given as required by law. Clerk Pyle indicated notifications have been made. Commissioner Romelus asked if the City was leaving that portion of the block out. Mr. Mack stated this was not a part of this application. That was a privately held parcel. Commissioner Romelus asked if that would cause an issue. Mr. Mack said right now this was not a part of the project. It could in the future be included. Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion. Clerk Pyle called the roll Vote 4-1 (Commissioner Casello dissenting) 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS-None 12. NEW BUSINESS A. Discuss the possibility of allowing dogs at the beach during certain hours. Commissioner Casello indicated he asked if the Ocean Ridge Beach would allow dogs on the beach at certain places and certain times. Attorney Cherof, indicated the City Manager and himself, met with the Town Manager and their Legal Counsel and their Police Chief. Their position was that Ocean Ridge Code of Ordinance provisions would prohibit dogs on the beach. This information was contained in the back up material. They were prepared to enforce their ordinance on the land that the City of Boynton Beach owns where the City operates a park. Commissioner Casello inquired if the City pays the bills and maintains the property, does the City own the property? Attorney Cherof replied the City was just like any other 27 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 property owner along that beach. The property was being maintained by the City of Boynton Beach as well if not better. Attorney Cherof clarified the ordinance stated no dogs are allowed on any public beach or private beach without the consent of the owner. They do not allow dogs on the public portion of the beach. Mayor Grant inquired if Ocean Ridge has a definition of what was considered public. Attorney Cherof indicated Ocean Ridge did not. Mayor Grant said the City of Boynton Beach is not paying the Town of Ocean Ridge as a private land owner. Attorney Cherof advised the Town of Ocean Ridge could construe their Code section to mean the private beach applies to the City's private ownership of that park. Commissioner Casello inquired if the Town of Ocean Ridge could make a silly ordinance that we could not grill onions. Attorney Cherof replied they could, if they determined if there was a public purpose. Commissioner Casello stated each time the City of Boynton Beach tries to get creative, it started with the Riverwalk; we received more complaints from Town of Ocean Ridge than from Boynton Beach residents. He stated he wanted to move forward. Mayor Grant asked if Commissioner Casello had any times and places. Commissioner Casello said he was hopping the City Manager would speak with the Parks and Recreation Department to see how this could be worked out. Ms. LaVerriere wanted to know what the Commissioners wanted to do with this item. Mayor Grant indicated the Commission wanted to get the Parks and Recreation Department recommendation. Commissioner Casello recommended doing this on a trial basis, maybe 6 months to see if there are any concerns that may arise. Wally Majors, Recreation and Parks Director, added as the City Manager indicated, the Parks and Recreation Department compiled a conceptual plan if the City would operate a section of the beach as an off leash dog area, based on the research that was done. He indicated using the model from the City of Boca Raton; the City was ready to move forward. If a resident wanted to bring their dog to the beach, it would be required to obtain a permit. This would make sure the dogs had all the shots and had the temperament to be on the beach with other dogs. Mr. Major's stated the biggest 28 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 challenge at the City's beach was the beach front was 960 feet. The City of Boynton Beach was bordered to the south with private property and to the north with Palm Beach County. The City would need to maintain the dogs within the appropriate area. Using the process from Boca Raton, dogs be allowed early in the morning and late in the evening. The City would need to have an employee such as a Park ranger or another City staff would need to maintain the boundaries. The staff would need to clean the area after the dogs are done using it. The sand needs to be clean for beachgoers after the dogs are gone. Commissioner Casello inquired if the Park Director's opinion is the responsible dog owners pick up their dogs waste. Mr. Majors replied in Jupiter this has worked well. He stated at the parks in which the City of Boynton Beach allow dogs on leashes in parks there was a very good track record. Most people are responsible. But he said the City needs to be prepared to deal with the worst as well Commissioner Casello asked if this was a program we could implement for a trial period. If the owners of these dogs are not responsible we could close the program down, but if it is successful the City could continue it. Mr. Majors indicated additional staff needs to be in place prior to the program implementation. Commissioner Casello said if the City was charging for permits would that offset the cost of having a new staff member. Mr. Majors replied it would offset some of the cost. Commissioner McCray asked if we had Park Rangers in Boynton Beach. Mr. Majors stated no. Mayor Grant opened up to public comments. Manuel Gutierrez, 79 Cedar Circle, indicated he has been a resident of Boynton Beach for 30 years. He continued to say the beach area was not flat, he said even a trained Park Ranger could not find all the little terds. Mayor Grant seeing no one else coming public comment was closed. Vice Mayor Katz indicated just looking over the ordinance of Ocean Ridge individuals can have dogs on the beach. It seems that many cities have rules that state if you live there you can take a dog on the beach. He said that was how these things are worded. Vice Mayor Katz said this was our beach, our residents see it as our crown jewels. The City does not have an extensive beach. He continued the dogs should be kept on a leash, since it was a small beach and we cannot control the dogs. As far as restricting time he would be in favor of morning hours. He indicated the City of Boynton Beach owns this beach. He said he had a problem with the residents from other municipalities 29 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 that our rights should be curtailed if they are not in agreement with what the City of Boynton Beach would like to implement. He supports some type of limited trial, with limited hours. The resident would sign up for a pass and see how it goes. Mayor Grant said his suggestion was to send this to the Parks and Recreation Board. He stated when he was in Jacksonville Beach dogs where allowed from daylight until 6 pm. He said if we want to have someone monitor, there would be a cost. There should be a permit system where residents have a different rate than non-residents. We need to figure out what Boca Raton was doing and modify it for use within the City of Boynton Beach Oceanfront Park. Mayor Grant stated there needed to be a consensus to move forward. Vice Mayor Katz stated to move forward was to recommend the Parks and Recreation Board with a series of questions to define the parameter. Ms. LaVerriere said with the directions from the Commission, the Parks and Recreation Department would like to proceed to develop a program. Commissioner Casello asked if the Town Manager of Ocean Ridge was invited to come before the Commission to speak. Ms. LaVerriere indicated she reached out to the Town Manager of Ocean Ridge. Commissioner Romelus asked if anyone knew if the Town of Ocean Ridge had a meeting tonight. Ms. LaVerriere said she was not aware if they had a meeting or not. Mayor Grant informed the Commission and the residents the police department of Ocean Ridge can issue a municipal infraction, if they feel that we are violating their ordinance. Commissioner Romelus stated this was up to the public. She would go along with the idea of a trial period. If the residents want to bring their dog to the beach and if the City have enough participants, then the Commission could decide whether to move forward Commissioner McCray insisted there is not enough man power. He was not in favor of this. He was strongly opposed to the dogs on the beach, Mayor Grant reopened for public comment. Cindy Falco-Decorrido indicated that not everyone was for this. Elmy Carelli, Sausalito Place indicated he strongly disagreed with having dogs on the beach. He said most people cannot control their own pets. He mentioned a test period, how would we measure the success of the program? 30 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 Martha Lisa Denedia 1690 Renaissance Commons Boulevard, she indicated feces on the beach in Florida where it is warm, salt water comes up, it gets covered in sand. Walking on the beach most people may have it on their feet and not know it. There are hook worms and other type of bacteria. Most people are concerned about the grossness in the water and the algae. Commissioner Romelus wanted to let the resident's decide. If there was enough interest, we move forward. If nothing comes about then we do not go forward. Vice Mayor Katz asked for clarification. if Commissioner Romelus was requesting the City to sell permits before the program takes effect. Commissioner Romelus indicated that was correct. Vice Mayor Katz indicated that this would not work. If we sell the permits, before we can actually offer the service. Mayor Grant suggested part of the request was for the Parks and Recreation Department to conduct a survey. He was for it. he would like to limit it to the morning and after 4 pm. Vice Mayor Katz wanted to appeal to the residents of Ocean Ridge to meet them in the middle. Mr. Majors wanted to clarify there was a distinction between leash and off leash. Commissioner Casello was in agreement with on leash. Mr. Majors indicated the Advisory Board would be in the positon to take feedback and give feedback. But the formulation of a plan would be something where staff would take the lead. Mayor Grant indicated they need to have different options available and the costs associated with the plan. Mr. Majors indicated this may take some time as well as a possible amendment of the City Ordinance. Ms. LaVerriere stated staffing requirements needs to be addressed. The motion unanimously passed. B. Commissioner Romelus has requested a discussion as to if the Commission would like to consider becoming a Sanctuary City. Commissioner Romelus wanted to thank everyone for coming out. She stated she wanted to clarify and diffuse the tension that was in the air. Commissioner Romelus 31 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 indicated first and foremost, she wanted to discuss this topic because it will affect the lives of thousands of residents that are living in Boynton Beach. Second she wanted to address the hardworking women and men of Law Enforcement who risk their lives daily, need to take the additional task of having to bear the difficult job that maybe placed upon them if we do not go in this direction. To clarify, this discussion was not about illegals, aliens, criminals, undocumented migrants. It was not about political views. It was not about your or my view of President Donald Trump and his administration. What this issue was about was the issue of Home Rule. Commissioner Romelus explained home rule is the power of a local city or county to set up its own system of self-government within its administrative area. The City of Boynton Beach should have the right to do what we deem within our city limits, without the interference of State or Federal government trying to subdue us with threats. She indicated the concerns have been raised that she was putting the City at risk to lose federal funding due to President Trump executive order. The US District Judge said that President Trump executive order lacks the authority to imposed new conditions on spending that was already approved by Congress. She said the order was contradictory to the 5th and 10th amendment. She said the threat was illegal and unconstitutional. She said this fear that many individuals were sending through emails and telephone calls about the fact that we would put the finances of the City at jeopardy by considering becoming a Sanctuary City. She was again this was a threat. The discussion here tonight was whether her colleague was willing stand by and watch big government dictate how we carry out our affairs in the City of Boynton Beach. Would we allow our Law Enforcement who works so hurt already, to endanger their lives daily to carry out the duties of the Federal Government. If I.C.E. wants to enter our jurisdiction and carry out their duties, it was not her place to stop them. They may do their jobs. She would step aside and allow them to do their job. What she feels and what she was asking, that under no circumstances should the men and women who have taken an oath and sworn to protect and serve us, we with our tax dollars are paying they salaries should be forced to work or comply , to actively pursue individuals that are living here illegally. She continued the Federal Government wanted the police to work for the Federal Government for free. She does not want to see crime statics increase, in our City, as individual begin to fear for their safety or the safety of their love ones. She does not want the community to stop depending on law enforcement. They would be afraid to report to law enforcement believing they would get deported. 32 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 In 2019 the residents of Honduras, Nicaragua and Haiti would be under a constant looming treat that if they are caught would be deported back to their home of origin. She said many of these individual have been living here for more than a decade. They have families, they have businesses, and they have children. This was not a question of whether we feel that immigration and other circumstances are at hand. She said do we care for our neighbor. Do we care for the people who live next door to us? Do frequent their businesses. She said these are the people their lives will be upended at the time that I.C.E. comes in to deport or to detain them. The simple question was to ask her colleague our roll here as a City was to continue to do that to protect and serve. Their main roll should not be to actively play a part in detaining individuals, is should be to actively play a part in stopping individuals to find out their current documented status. If they are under investigation or have a warrant by I.C.E. she said let them do their job. But it was not necessarily the job of Boynton Beach law enforcement personnel to actively go and seek out these individuals in order to turn them over to I.C.E. She said this was pertinent to the community. She said some individual disagree with her. She understands the burden. She represents those who agree as well as those not in agreement. Commissioner Romelus indicated she understand they may feel this was an infraction on their American and Civil liberties. She understands that has come upon us recently that make them feel that immigrants were dangerous. She stated she was an immigrant; she does not pose a threat. They may have temporary protected status. But this does not make them criminals simple because they live within our borders. Again, what she was asking do we actively play a role in placing individuals in detention centers, and actively seeking them. Having them be scared, because the people who have been sworn to protect and serve them would actively come after them. Vice Mayor Katz, said he was in opposition to this request. He does not have any ill will to those seeking refuge to the United States. He continued to say this country was built on people coming to this country. It is for the federal government to make those decisions. He heard a number of government related justification for the involvement in a Sanctuary City. He stated his personal view was the Constitution could not be clearer; the involvement in the immigration and naturalization policy is exclusively the sphere of Federal Government. The 10th amendment that was cited, states power not given to the Federal Government falls to the State, but this was clearly given to the Federal Government. His main qualm about this, it defies some of the previous statements concerning the local police force. He believes asking the Boynton Beach Police Department to refuse to cooperate with the Federal Agencies in the execution of their constitution authority is far more concerning than the Police Department cooperating with them. He said we live in a Federal system of government; we must work together and respect their spheres. He does not like it when the Federal Government interferes with local State activities. He sees this as a local Government interfering with Federal Government. I cannot abide that do we have any authority was far more concerning with them cooperating. Vice 33 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 Mayor Katz indicated he spoke with many of the officers it was almost universal, they do not want to be placed within a political football. This was for Congress and the government to work on. He said there was a reference to a district court ruling. There are many different courts, by way of executive orders, what one court rules; a higher court could be overturned. The Constitution is clear who has the authority to make policy regarding immigration and naturalization, not to interfere with the constitution. We should do everything that we can to help people who are displaced from other Countries that have been harmed. The City of Boynton Beach is not the authority. The City of Boynton Beach are not the government authorized to do so. He indicated just because he wanted to do something does not give him the right to so. To disregard his oath of office and to disregard the Constitution and what it intent and purpose to achieve a goal. He does not think the mean not always justifies the end. Mayor Grant asked if Chief Katz could give additional information regarding certification of illegal immigration cooperation. Could the city of Boynton Beach get into something like this? Chief Katz indicated as a representative of the executive branch of the government, which was fundamental in our Constitution. There was a system of checks and balances. He was happy to enforce the laws as written. Mayor Grant stated the Department of Justice stated they would give priority for counties and municipalities for signing the certification of illegal immigration cooperation. Asked if Chief could come back with information regarding the Certification of Illegal Immigration Cooperation. Commissioner Casello asked if the dynamics of police work was to share information with other police agencies. Chief Katz stated this was one of the major findings in the 911 Commission reports, the importance of sharing criminal intelligence and information. Commissioner Casello asked if, as a police officer, when another agency comes to the City, would he as a police officer feel comfortable not withholding information. Chief Katz indicated he would not feel comfortable withholding information. Commissioner Casello stated in San Francisco which was a Sanctuary City, asked to be notified when a prisoner was being released. The Police Department did not notify the Federal authority when he was released. The person shot someone and the person was killed. He stated this could be an isolated incident, but did not believe this to be the case. In the Chief Katz's own words, stated he would not feel comfortable with not sharing information. 34 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 Chief Katz indicated the police officers have a legal obligation. He continued to say the City of Boynton Beach Police Department has a strong working relationship with local, state and federal government. Commissioner McCray stated he appreciate the individuals that voted him into office. He believed there is one thing we swore to uphold the Constitution of the United States of America. He took that oath and that is what he has to stand on. Mayor Grant opened the issue to public comment. Alice Warren, 146 Sausalito Drive, indicated we must remember number one we are Americans, then we are residents of Boynton Beach. A normal City spending millions of dollars to redevelop and attract into the City, how someone would come up with this idea. She asked who wants to live downtown and know that they are living in a Sanctuary City. She indicated it does not make sense. Manuel Gutierrez, 79 Cedar Circle, reminded the Commission that giving sanctuary the only people coming here would be criminals who are going take advantage. The majority are gang members and other criminals. Don't let it happen here. Jack Oliver, 812 White House Drive, is the Legislative Director for Floridian for Immigration Enforcement, State Coordinator for the Remembrance Project, which is a victims advocacy group; also the founder of Which Child Would You Choose Project. He continued to say tens of thousands of Americans have lost their lives because of illegal immigration. There have been four residents of Palm Beach County which have lost their lives to illegal immigrants. The perpetrators of those crimes have been in the system before. The City should allow law enforcement to do their job. No one should get a free pass for breaking the law. One of the things that people do not speak about is that immigrates who decide they want to come to America must pay about $10,000. 80% of the women are raped before they get to their destination. A county in Texas found 500 migrant bodies since 2009. Some of the women do not make it, they are sold into prostitution. Sanctuary City policy encourages people to come to that City. If you have any compassion for the illegal immigrants, the way in which they are protected is through legalities. The Commission has a responsibility. This policy would put the citizens of this county in danger. David Caulkett 2314 South Cypress Bend Drive, stated he was the Vice President of Floridian for Immigration. We are known as FLIMEN for immigration. He clarified what was a sanctuary; it would be a declaration of noncompliance or perhaps a declaration of anarchy. He wanted to make a comment on Commissioner Romelus regarding home rule. The last he heard the City of Boynton Beach was not a sovereign country. There was something called the supremacy rules. The Commission has taken an oath to abide by the rules of the United States. There would be no benefit if you decide to become a Sanctuary City. Having a Sanctuary City would be a boat load of problems, including the 35 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 potential loss of revenue. The citizens despise Sanctuary Cities. They have been increasing in the number in the illegal people to enact an amnesty. If you do not like the immigration policy then change them. The Commission was obligated to abide by those laws. It was disgraceful to not abide by the law. Michael Gergora, 3018 Westwood Lane, indicated he spent 10 years on active duty in the U.S. Coast Guard. The majority of the time spent as a federal officer working counter narcotics and alien interdiction squad. He stated he seen at lot of Sanctuary Cities when the local law enforcement and Federal do not cooperate together. There was a very specific program called the 1099 program, for military surplus gear given to law enforcement agencies for free. We realized that our job is dangerous when we put on the badge. Police Departments cannot afford to get the gear needed because the City of Boynton Beach decided to become a Sanctuary City. He found it offensive that elective officials suggest that we violate federal laws. It was a slap in the face for everyone that wears a uniform. There are numerous ways to change immigration laws. The City of Boynton Beach has an opioid epidemic that needs to be solved. Support the Constitution and stop slapping the veterans in the face with laws like Sanctuary City Paula Prudente, she has been in Palm Beach County since 1978 was also a teacher in Palm Beach County school district as well. She stated she has seen many changes (she gave the elected officials a petition with 500 signatures). She read into the record the Petition of Palm Beach County Citizens against sanctuary Cities/County. Ms. Prudente urged the Commission to please enforce the rules of law. (Copy of the petition is attached) Jane Justice, 3253 Perimeter Drive, Green acres, works in Boynton Beach does not understand the common sense the people are using saying there are not illegals. She continued to say if someone breaks into your house, until there is no room for you, you want open boarders; we have enough unruliness. We lost over 300 police officers shot down. We would all do good to respect the Constitution. We ask to have one rule of law for all people Mike Carbone 7540 Greenville Circle, wife was a legal immigrant. He lived in Spain for 9 years; I had to become a legal resident of Spain. When returning to the United States we had to spend over $5,000 on attorneys. When you try to purpose they are here illegally, you are spitting in everyone's face that did this legally. He has a license to drive a car, he has a license to carry a gun, and if he did not have a license the police would arrest him. You are purposing to violate federal law; you should be impeached and removed from your office. You are putting the Police Officers at risk. What happens when the 1099 goes away, and these guys do not have the gear, legal or not, when someone breaks into your home? It is the federal government. He felt to Commissioner Romelus should be removed from office. This is what needs to happen. 36 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 Debbie, Paragon Way, said do not let partisan politics cloud your judgment. This should be left to the voters not the dais. This was a mistake; Sanctuary Cites facilitates and encourages illegal immigration. It was unfair to the legal immigrant. Thanked Commissioner McCray for believing in the Constitution. Our already taxed law enforcement should not need to prioritize enforcement of the Federal responsibility, this was not healthy to society, which rest on trust on the rule of law to adopt policy on intentional dereliction of the law when the Police are told by politicians to disobey the law, and look the other way about illegal immigration. If elected officials pretend to be leaders and turn their back on the law, when do those principals stop? Are such leaders free to disregard federal laws regarding heroin, or LSD. On that theory, drug predators are too harsh. She said all are free to accept, making their case to the voters; they are not free to thumb their nose at the law. Government should govern their citizens. According to DSH in 2015 out of the 64,000 criminal acts that were committed by illegals most were sexual assault, kidnapping and murder. He said 5,000 went on to commit more crime and were treated with kid gloves compared to Americans. Finally the person in San Francisco has a name, her name was Kate Steinle. She was killed by a 7 time felon and a 5 time deported illegal. She does not get to celebrate the holiday with her family. Mr. Marthi Mugilan Paguth Arivalan, 5102 Mahogany Drive, stated when President Trump was in Miami requesting support in Little Haiti, he indicated he felt their pain for those who were devastated during the 2010 earthquake. Ervin , 11854 Pebblewood Drive, said he wanted to assimilate to this culture. He wanted everyone to know breaking the law by not coming to this country illegally was not the way to do it. He asked why we allow illegal alien to send money outside of the USA, which should be illegal. Donald Tarca, 1086 SW 25 Place, has lived in Boynton Beach since 1976, He do not believe Sanctuary City was a way to go. In his opinion anyone who believes in open boarders should take the front door off and throw it in the dumpster and come back in a year and tell him how it went. Lynn Adams, Misty Ridge Road, thanked Commissioner Romelus for bringing this to the table. She said immigration status was legal and illegal, but human being was not. She indicated she was an attorney and she understands the 10th amendment. She said we are all here because of immigrants. What we are speaking about are the Haitians that came here under a protected status. She said none of the people we are speaking of are black and brown people. More crimes and more murders are committed by white supremacy terrorist. Irwin Cineus, 223 NE 12 Avenue, said Sanctuary Cities was not about legal or illegal. it was about local police would not have a large workload, that was the point, it was not the emotional point, this was a federal situation. The Federal ICE agents can use local 37 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 police to enforce those rules. Also, someone alluded to the fact, when you were speaking of dogs on the beach, Boynton Beach Police should be able to protect the police officer. Wanted to say to Commissioner Romelus he admired her bravery to bring this topic to the City of Boynton Beach. He indicated he was a child of illegal parents, because of trauma that has happened to their country. Mr. Cinueu said the only supremacy was white supremacy. There are people here that would be caught in the crosshairs. Adam Wasserman, 11211 South Military Trail, said when speaking Sanctuary status and what it means to Boynton, we need to look at the large Haitian community in Boynton Beach. President Trump promised the Haitian community he would be their greatest champion. Since then he has shown that by termination of the TPS programs. This was a humanitarian program. The average Haitian with TPS has lived here for more than 13 years. They now face the threat of being deported. They have no prospects, no opportunity and no chance of hope. They have more than 27,000 U.S. born children. If deported they must decide to leave their children behind or bring them to a country they never seen. He said anyone who commits a felony or a small misdemeanor would lose their protected status. By refusing to declare the City of Boynton Beach as a Sanctuary City, you would put Boynton on the wrong side of history. He continued to say the Commission will position Boynton Beach as the family dividers, government agents that take kids from their family. Here in Boynton Beach, the white communities rely on the Haitian people to care for them. Today the City of Boynton Beach has the ability to make the right choice. Shane Carroll, Delray Beach, said he wanted to thank Commissioner Romelus for bringing this to the Commission. The people in this room are not in the majority. The City of Boynton Beach should be that the voters, Americans, can welcome new corners with open arms. Sanctuary city are statically safer than non-sanctuary city. When immigrants are afraid of being deported, they are not going to call the police. To the point of the Constitution, the 10th Amendment, there was a separation between the Federal, State and local governments. He continued to say local governments are not to be compelled to participate with Federal investigations. This was not true that this was unconstitutional. Wendy King, 1361 NW 94 Way, Coral Springs, hope the City of Boynton Beach would move forward with this plan. She said when moms are afraid to drive their kids to school or afraid to get a driver's license, people are afraid to report crimes, it hurts the entire community. She said immigrants make Florida great. They are essential to the economy. Immigrants come here to work. She stated there is a card going around about the Kate Steinle law, who was killed by an illegal from Mexico. She said she was wondering why there was not a card going around about the twenty kids killed in Sandy Hook perpetrated by white men. 38 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 Millie Klausen 11066 Springbrook Circle, stated she was celebrating 56 years of coming to this country legally. She said she was brought here by her family. She has a question when there is another Kate Steinle, are you going to be held responsible for that action? This is a great Country and we welcome immigrants from all over the world. We welcome immigrants that come here legally. There has been a whole lot of talk about people who are here illegally are afraid to go to police for domestic violence, those are not the people the federal government are looking for. From all of the immigrants that came here legally, think about what you are doing. Cindy Falco-DiCorrado, 316 NW 1st Avenue, indicated she was appalled that you (Commissioner Romelus) as her Representative in District 3, would even say certain things from the dais, she had created anarchy. She was appalled as a citizen of the United States of America. Ms. Falco-DiCorrado said her father was in the military that fought for our freedoms. She stated for the Commissioner suggested the police go against a Federal agency on things that are illegal. This was not about Sanctuary City. This was about protection of the Haitian people, who in the sixteen years who were here, did not get documented, who choose not to become citizens of the United States when they had the opportunity to do so. She indicated there was a deadline of January 22. She said no one stopped them all those years after coming here to do the work that was required of them. They chose not to become United States citizens. Now here we are at the end of this. Ms. Falco-DiCorrado said now you want to bring a Sanctuary City. The Commissioner is my representative that does not represent her as a citizen of the United States in anyway shape or form. She said she was ashamed and appalled, that you (Commissioner Romelus) said certain things from the dais. Ms. Falco-DiCorrado indicated everyone was making this an issue of black and white. It has nothing to do with color; it has to do with morals. Brian Stevens 6439 96 Place South, the entire notion of setting up a Sanctuary City actually undermined the rule of law which is the bedrock of which this country was founded. If the Commission was to decide there are laws that you do not want to enforce and you want to bend, at what point do we start to individually do not want to follow the law. There was a reason why we have a system of government like we have. It all works within the framework. It has to be constitutional. We want them to come here legally. He said he was a veteran and he did not appreciate what was going on. Richard Slosberg 1475 Gateway Boulevard, stated the greatest agreement on immigration in most of our lives was the Immigration Act of 1986. The Liberal and the Conservative came to a compromise. They would agree to the legalization of undocumented immigrants. The Liberals agreed to seal the boarders so that we would not be a repetition of so many illegals in the Country. He asked which side kept there bargains. The conservatives kept their part of the bargain. Many illegal immigrants were given the right to become citizens. Various Presidents have failed in various ways to seal the boarders. President Obama weakened the boarders and increased the illegal immigrants here. President Trump has to adjust that. President Obama identified with 39 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 minority rights. What was done in Arizona by denying funds to protect the boarder was bad. Please consider this in the large context. Jay Canella said she was a proud kid of an immigrant. She said not everyone has the privilege to immigrate legally. She said the process is expensive, lengthy and not accessible to most people without access to wealth. Our own Country has created refugees with our wars. How can we create wars and not take the responsibility for those wars. How can we profit from the loss of human life, while not supporting the survivor of it. She urged the City of Boynton Beach to support the Sanctuary City status. She indicated America was responsible for the refugee crisis we are currently facing. To slander all immigrants as criminals is racist. This fear tactic was white supremacy in action. We must protect immigrants and she urged the commission to do so. Peter Guillaume, 305 SW 5 Avenue, said he wanted to say that when the Jewish people were being prosecuted Haiti offered the people sanctuary. Haiti has offered Mexico and other Countries they invited them to live there. He stated the people are not illegal. He stated many people of color are not appreciated of those people. Christin Noel Griskie, indicated she was a non-party presidential candidate for the United States Presidency. As a nation we have scattered 11 million unauthorized immigrants. She continued to say 1 million under 18 years old, 4.4 million under 30 years old. She said 250,000 immigrants in Texas have broken the law, 1 million with green cards. We currently have 500 Sanctuary Cities in the United States of America. President Obama said as a nation we do not promise equal outcomes. He said we were founded on the idea that everybody should have an equal opportunity to succeed. He said it does not matter who you are, where you come from, you can make it that was the promise of America. He said where you start should not determine where you end up. President John F. Kennedy never had a chance to publicly state in a world of complex, continuing problems in a world full of frustrations. America's leadership must be guided by lights of learning and reason, or else those who confuse rhetoric with reality and the plausible with the passable will gain popular ascendency with the seemly swift and simple solution to every world problem. She indicated we must exercise our God given power without fear of deportation, slanted political parties, color, gender or wealth, steeped in abusive traditions, for profits for individual states, families or corporation intentional limiting and rewarding few. She continued to say each one of us is different from one another, embrace this fact, love this face and unite. Blatant honesty could be blatant unity. Unite swiftly for love and equality, God Bless the United States of America. Ms. Noel believes in our best America, quoted a rap singer. Jerry Taylor,1086 SW 26 Avenue, said an oath is the ultimate promise you can make to people, that you will do what you swore to do. You make that and you place your personal honor on the line. The oath that each Commissioner made, you stood and swore to uphold the Constitution. You promised by oath that you would do that. A representative has introduced a bill that refused to cooperate to enforce the US 40 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 immigration laws. It will levy a 1M against such authority. I do not expect to place any of you to spend five years in prison. The Commission swore to support that oath. Help me to believe in you, Commissioner Romelus, vote tonight to not make Boynton Beach a Sanctuary City. William Cwynar 2701 SW 8 Street asked the City Attorney Cherof, how many signatures are needed for a recall. Attorney Cherof replied he does not answer questions. Chris Montague, 222 West Ocean Avenue, wanted to thank the Commissioner for bringing this conversation. He want to apologize for the residents of Boynton Beach and booing the people in the crowd. Unfortunately he was deeply saddened by this behavior we have seen this evening. Donna Aron, 577 SW 24 Avenue, said the key word was illegal; we are a country of laws. She asked where we draw the line. How many countries can we go to and live off of their system, and if we break their law we will be placed in jail. It was obvious, we would, it seems that the illegal have more rights than Americans. She indicated she was in San Francisco and there were all these homeless people. She continues to say this was not a race issue. Ms. Aron indicated they have friends that are Haitian. It was not about illegal. She addressed Commissioner Romelus; your campaign was run on safety. You were interested in getting rid of Sober Homes, yet you are willing to invite illegals to our City. She was at Caloosa Park; she was 20 feet away from the shooters. That was what needed to be worked on Caloosa not a Sanctuary City. Pat Newton, 2695 Hayden Drive, Palm Springs, indicated the City of Boynton Beach is within their legal rights. The responsibility was to the residents of Boynton Beach. Gloria, 327 Boynton Beach Boulevard, said she wanted to relate an experience she had. She went to look for a home in Boynton Beach. She contacted the realtor. She was told if she was not from Haiti, the owner did not want to rent to her they only wanted Haitians in the community. Jean Waters 120 Main Boulevard was here a couple months ago, when West Palm was declaring their City a Safe City. Boynton Beach proclaimed All People Day. She indicated that was a nice thing to happen. The City has such a mix of cultures. When she mentioned the Safe City, it was not going to be considered. She thanked Commissioner Romelus for bringing it back to the Commission. She mentioned Delray Beach was considering a Safe City as well. This discussion was not promoted. If so there would be more people coming to support this. Ralph Hyppolite, 660 NE 9 Court, said he has been working in corrections for the past 10 years. He worked with illegals and most of the illegals are criminals. He said, we the people say, no. 41 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 Mayor Grant seeing no one else coming forward, closed public comment. Commissioner Casello said it is imperative that the Police Department work with other agencies to serve the people of Boynton Beach, and as the Former Mayor Jerry Taylor indicated the Commissioner stood to uphold the Constitution. Mayor Grant said he would love for Boynton Beach to be a Safety City. One of the ways this could be done would be given all of the tools to the officers that are needed. Working with the sheriff office, FDLE, the State Department and Federal Government was one of those ways in which the City of Boynton Beach could have all those tools available. He said he was for making the city safe for all the residents. He does not believe having the classification of Sanctuary City which goes back in history, which normally was for religious worship, hiding criminals. Commissioner McCray indicated when they ran for office, he ran on TPS; he stated this was still his goal. He has been in Boynton Beach for 64 years. He said he was qualified then and he was qualified now. He made an oath and he was not of favor of a Sanctuary City. Vice Mayor Katz, stated he tries to be as objective and matter of fact as possible. He said the take away tonight was one that there are laws in this County that must be adhered to. The Constitution and the Federal Government is superior by definition. When exercising their rights within the sphere of power. He continued to their lies no solution in the absurd rhetoric from either fringe of the political spectrum. He said if you came here tonight to label Commissioner Romelus as a supporter of rapist and murderers, this was not her position; this was not what she was talking about. Vice Mayor Katz continued to say if you came here tonight to label someone like him a racist or a xenophobe, this was not correct. This was a discussion about immigration reform. This was a discussion about the scope of power at a particular level of government. There are unique differences and opinions but the common thread between everyone seems to be immigration was great, immigrants are great, but there is a process that needs to be followed. He continued, no one was disagreeing with immigration. They are disagreeing with the process. The question was whether this City Commission is allowed to go through a process of interfering with Federal Authority. He taught US government politics and economics. There has always been different interpretations of the Constitution and settled through the process. He stated he was against this for constitutional reasons. Vice Mayor Katz said if you came here to smear and label an entire group, you are part of the problem. Commissioners Romelus indicated she just wanted to bring this item up as a topic of discussion. She wanted to clarify when she stood here and swore the oath of office to protect serve and uphold the Constitution, she meant it. She indicated the US Constitution was open to interpretation. She stated in history there were Jim Crow laws, and they were legally upheld. Commissioner Romelus said this was a topic as an item 42 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 for discussion. She was speaking about Hondurans, Nicaraguans and Haitians who were temporarily placed here. It was the general consensus from the other Commissioners this was not the direction to be pursued. What she simply asked was that the City of Boynton Beach Police Department not actively engage in the act of rounding up individuals solely based on their current immigration status. She did not say the City do not oppose or impede their ability to do their jobs. She asked that we do not play the active role of being the bogeyman or big brother. This will place people in a situation and they are in fear of police officers. She clarified this was something being discussed. This was not something that her colleagues would support. Mayor Grant stated we have direction from the board not to move forward with the Sanctuary City. Commissioner Romelus asked Chief Katz what was the role of the Police Department when it comes to actively seeking out the immigration status of the residents. Chief Katz indicated it was not the role of the Police Department to target individuals for their immigration status. Commissioner Romelus wanted to understand individuals would not be targeted with the intent to look for their immigration status. Chief Katz stated it was not within the Police Department standard practice to conduct immigration operations or do immigration sweeps. Commissioner Romelus thanked the Chief for the clarification. Mayor Grant called a 5 minute recess. (Commissioner Romelus left at 9:54, did not return after the break) C. Provide direction to staff regarding potential land sale or transfer of City owned land parcels, one adjacent to Palm Beach Leisureville and the other adjacent to Galaxy Elementary School Jeffrey Livergood, Director of Public Works and Engineering, said he was pleased to address the dais. In the October 2017 Commission meeting the Commissioner requested staff to evaluate the potential sale over the coming months if it was in the best interest of the City to remove parcels from City ownership. Those parcels included Nickel's Road, Leisureville Parcel, Rolling Green, Galaxy School Scrub, as well as some contiguous lands in the Meadows and Nautica's sound subdivision. The analysis begins tonight because there have been some offers for potential acquisition. The offers were for the Leisureville property as well as Galaxy Scrub parcel. Mr. Livergood indicated he provided guidelines on steps needed to be taken in order to sell real property. He wanted to mention that any property was valued more than $100,000 43 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 requires there must be an appraisal, and if the land would be sold for less than the appraised value must have a super majority vote. Mr. Livergood said the Leisureville property was 3.62 acre deeded to the City as part of the Tradewind Project. There is a land parcel deeded to the City as part of the park. He believed the 3.62 acres would be available for sale. Mr. Livergood indicated the City has two potential buyers. The City received an offer from Habitat for Humanity for $50,000; the purpose was to build 11 single family homes with matching zoning. He stated they received a request from Palm Beach Leisureville they would like to have the property deeded to them at no cost, for recreational use to be determined at a later date. Commissioner Casello asked if Leisureville wanted the entire parcel or for a section. Mr. Livergood stated they asked for the entire parcel, but he believed they would take a portion. The request was exploratory in nature, to see if the City would consider. Mr. Livergood indicated the 3.62 land parcel has no value from a recreation standpoint, no public service we can place on the parcel. He spoke with Wally Majors and he was in agreement with him. Staff does not see any recreation value, the parcel was at 2 dead- end roadway. Staff believes another higher purpose would be of value to the community. Mr. Livergood indicated there was a staff recommendation to construct 11 homes that was reasonable. Staff would recommend the sale to Habitat for Humanity was subject to the review of the final plat. He continued, if not, the Commission would prefer to seek bids. The land parcel has a value of $275,000. Staff was looking for guidance of what the City believes is the best use of the property. David Katz, 67 Midwood Lane, said it was a few years ago Leisureville was willing to pay $24,999. They can do that without going to the HOA without a vote. The City turned them down. He said Leisureville was willing to pay $24,999. His recommendation would be to sell it to Leisureville because they want to turn it into a recreational facility. He was not recommending selling it to Habitat for Humanity. Commissioner Casello asked if Leisureville would be willing to accept a section of the land. Shirley Cassa, 217 SW 14 Street, said she was speaking as a resident of Leisureville. Originally they wanted the entire parcel but they were willing to take a portion. The community wanted to develop the property for recreational purposes. To put 11 homes in that small area, and backing up to NW 10 court for our community, places us in an area of all ages. We would appreciate the City accepting the offer of $24,999. 44 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 Commissioner Casello asked if Leisureville would be willing to negotiate regarding the property. Ms. Cassa indicated she would like to have the entire portion, but would be willing to take a smaller portion on the southern end. Commissioner McCray inquired as to putting in tennis courts, would Leisureville be in favor of having other homes there. Ms. Cassa indicated she would like to see 55 and older or veteran homes. She said it would be much nicer to have the same type of property. She explained there was a bowling alley and a hotel. The residents of the community have spoken out and indicated they should have purchased the land, to protect Leisureville, to have something more common for the resident to have. Leisureville does not restrict on size of dogs. They could possibly have a recreation center, a bike trail, dog park or some outside activity. Commissioner McCray asked if they would be willing to have a dog park. Would Leisureville build everything, along with the clubhouse? Ms. Cassa said this would need to go to the Board of Directors. She said Leisureville did not have the ability to pay more than $24,999. Commissioner McCray asked if Leisureville was given the green light to go forward, how quickly the Leisureville Board get back to the Commission with an agreement. Ms. Cassa indicated they have a meeting December 19, or they can have a special meeting. Commissioner McCray said he would like to see what Leisureville was willing to do and willing to pay, and take up the expense to build those items. Ms. Cassa said a letter of intent of possible ideas has been provided to the Commission in the back up. Vice Mayor Katz said the parcel was brought to his attention by a resident of Leisureville. The land sits vacant. It has value. Vice Mayor Katz indicated Leisureville was in his district. He would recommend getting the parcel into Leisureville hands. He was recommending the southern portion of the property to Leisureville hands either by purchase or by gift if the board saw fit. He indicated he takes a hard position regarding seeking additional revenue. Jeff Fengler, Habitat for Humanity, Construction Director, said he said he looks around to see what Habitat for Humanity can take and turn into a functioning community. It is easier to develop the area. He said he was unaware that there were conversations with Leisureville. Habitat for Humanity contacted the City of Boynton Beach and contacted Bradly Miller, who came up with the site plan with the density. He indicated the lots are 75 by 110. Leisureville lots are about 55 by 80. Habitat would not shoehorn any houses. The property has a couple issues. Habitat tries to design for the connecting roadway. We could place 11 homes on the property; the current appraised value was $225,000 and a low of $180,000. From a financial stand was $2.5M in capital improvement on the City tax roll. When Habitat could go in and build 11 homes for attainable and workforce housing, that was a big deal for them. We are making a real investment for Boynton 45 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 Beach; he did not know if a developer would give $300,000 and spend an additional 300,000 on infrastructure. Commissioner Casello inquired if the design would complement Leisureville. Mr. Fengler said Habitat for Humanity would come to the City of Boynton Beach with some designs. Commissioner Casello questioned access of those potential homes, would access be through Leisureville. Mr. Fengler replied no, it would be south and southwest. Mr. Fengler indicated they have not had any discussion at this time. But Habitat would make sure to enhance the traffic flow for the entire neighborhood. Commissioner McCray asked if Habitat would make the units 55 and over. Would that be a consideration? Mr. Fengler stated these homes would be single family homes typically the homes consist of 3-2 bedrooms, 1300 square feet including the garage. They easily fit on a 110 feet parcel of land. Commissioner McCray indicated he wanted to see what both wanted to do for the property. Mr. Fengler contended his best offer. Commissioner McCray wanted to see Leisureville's offer. Mr. Fengler argued it was the children of those families that will change the future. He said the national average for mortgages was 7 years. He said the family live in a Habitat home for 30 years. The homes become the focal point. Mayor Grant opened to public comment. Barbara Ready, 329 SW 13 Avenue, stated that Habitat is a great company. The homes they built on Ocean Breeze West were wonderful. Some homes in Cherry Hill would be great. When she looks at the map; the City could do some good by giving Leisureville the opportunity to come back with a proposal. The City would only be getting a portion of those tax dollars. The payoff was to give that generation something to do. Susan Oyer, 140 SE 27 Way, said she was Habitat's biggest supporter. She thought this would be a mistake, which would not be a good thing. She could see a lot of nuisance calls. She indicated the old and the young will have some problems. Commissioner Casello indicated he was in agreement with Commissioner McCray; he wanted to know what Leisureville could come up with. They needed to come up with some money and a plan. Mayor Grant concluded this was the direction for staff. 46 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 Mr. Livergood stated the next property was Galaxy Scrub; it is north of the new Galaxy Park. The school was immediately south of the ball field. The City began to work with the School Board of Palm beach County to redevelop the new Galaxy Elementary School. What ensued was a land swap. The City took ownership of the Galaxy Scrub area. The Galaxy scrub was 5.8 acre. It was clearly denoted with a deed restriction. The restriction was to use the property for public park purposes. The only way the deed restriction could be released would be released by the School Board of Palm Beach County. If the Commission wanted to take any actions would be to contact to School Board to release the parcel. If the Palm Beach County School Board remove the deed restriction, Habitat would construct 22 single family homes consistent with the present zoning. Habitat would need to access the quality of the scrub. The second step the area was listed on the City Future Land Use map as preserved open space. It was part of the City Comprehensive Plan. The City would need to amend the Comprehensive Plan with the State. Commissioner Casello asked even if we do not do anything with the land, could we get the School Board to remove the deed restriction. Commissioner McCray said the first step would be approach the School Board about the deed restriction. He does not see why the City was engaging in conversation. Mayor Grant agreed to move forward to remove the deed restriction. Mr. Livergood pointed out by removing the deed restriction, would not change the encumbrance that was on the property. It does not change the comprehensive plan and the residents have an opinion on whether or not they want it to remain a scrub land or not. Mayor Grant asked if the property was currently fenced off, and do the adjacent property owners have access to the scrub. Mr. Livergood replied no. Mr. Livergood indicated one of the goals when the City acquired the land was to have an educational trail. The only access to the Park right now was from the south off of 4th Avenue. We do not get use from the park. The ball field is seldom used. The park was falling in disrepair. From a recreation perspective would be to open it up to the community. Mayor Grant inquired do we have a road or a path. Mr. Livergood indicated it would be a pedestrian path only. Mayor Grant opened public comments. Barbara Ready, 329 SW 13 Avenue, wanted to gently remind the Commission that the Comprehensive Plan calls for 2.5 acre of green space per 1000 heads. She did not know how many heads were going to be gained from Town Square, 500 Ocean and 47 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 Ocean One. This should be in the neighborhood of more than a thousand. She said there are protected species. The Galaxy school was an environmentally sensitive school. It was the only LEED design school in the nation. She was under the impression, it would provide an opportunity for the children to have nature, and study species. She said once it was gone it's gone. She asked Habitat to get that parcel from Cherry Hill. Susan Oyer, 140 SE 27 Way, did not want to sell this land. The City is short on green space. This affects the property value because of the green space. There should be some type of monitoring of the raccoon problem. She does not see how we can justify getting rid of the scrub. We need this for mitigation and for the property values. We need to do the right thing for the climate. Chris Montague 222 W Ocean Avenue, said the City has very little green space left. The City of Boynton Beach has some nice scrubs. He was a big fan of Habitat for Humanity. Mr. Fengler, Habitat for Humanity, liked the property. Habitat could construct 22 homes on that parcel. This was a nice piece of property that should be utilized. There was no access to the property. Mr. Fengle stated there needs to be a determination of whether or not the parcel was a scrub area in name only. There are over 200 acres designated as a scrub area. Habitat is prepared to move forward. Habitat has a relationship with the School board. They are prepared to hire an environmental audit firm which specializes in tortoise relocations. Mr. Fengler wanted to know if the City was interested in selling the property, once the property was available. Commissioner Casello inquired as to who would be responsible for financing of the entire infrastructure, such as the road. Mr. Fengler stated Habitat would be responsible. Commissioner Casello asked if habitat would be coming to the CRA asking for funding. Mr. Fengler indicated they would. This was in the CRA area. Commissioner Casello surmised they would be looking for contributions from the CRA. Mr. Fengler indicated they could go to the School Board to lobby for the City. Commissioner McCray would not be in favor of Habitat going to the School Board. This was a City problem and City property, and staff needs to address the School Board and address the City issues. Vice Mayor Katz inquired if given the opportunity, to place a deed restriction for teachers of Palm Beach County. Mr. Fengler replied that was difficult to place on a piece of property. He could not limit the enrollment to teachers. Mayor Grant said the City had a housing authority, not just within the TOD area. He thinks this was something the City was looking into. There was plenty of vacant land 48 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 owned by the School Board. Mr. Fengler wanted to sit down with the School Board. There are a few properties in Cherry Hill, which are owned by the School Board which Habitat would be interested in. Mayor Grant advised the next meeting was December 21, at 8:00 am in the main conference room. Mr. Fengler said Habitat has built 70 homes in the City of Boynton Beach, and want to help make the City of Boynton Beach a better place. Commissioner McCray indicated the City needed to seek removal of deed restriction. Motion Commissioner McCray moved to seek removal of the deed restriction through the School Board of Palm Beach County. Commissioner Casello seconded the motion. Vote The motion unanimously passed. D. PROPOSED RESOLUTION NO. R17-125 - Approve a resolution by the City in support of proposal 61 of the Constitution Revision Commission. Lori LaVerriere, City Manager, indicated this was one of more than 90 proposals the Constitution Revision Commission was considering. The Constitution Revision Commission convenes every 20 years to review the Constitution. She indicated with the current attack on home rule this proposal rose to the top of the list. Ms. LaVerriere requested Commission to consider supporting and communicating to Commission members as well as some of the subcommittee members regarding this proposal. The proposal entails any preemptive legislation the legislators try to pass. Any attempt to remove the City Home Rule must be in a standalone bill that goes before the legislator. The legislation cannot be imbedded within another rule. She continued the Bill would require 2/3 votes to pass. The City Manager indicated this Bill was very important to the City. She would encourage the residents to reach out and communicate with the Constitution Revision Commission. Commissioner McCray indicated this was presented at the League of Cities Luncheon and he was for this resolution. Commissioner Casello inquired if the City of Boynton Beach Resolution mirrors the League of Cities Resolution. Ms. LaVerriere replied no, the League wanted to review the City of Boynton Beach Resolution. 49 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 13. LEGAL A. PROPOSED ORDINANCE NO. 17-034 - SECOND READING - Adopt the Boynton Beach Administrative Amendments to the 6th Edition (2017) of the Florida Building Code. (Second reading of this ordinance will be on December 19, 2017, due to holiday publishing deadlines). B. PROPOSED ORDINANCE NO. 17-035 - SECOND READING - Approve the change in qualifying dates for candidates in upcoming municipal elections. (Second reading for this ordinance will be on December 19, 2017, due to holiday publishing deadlines). Attorney Cherof stated the proposed Ordinances needed to be tabled due to a notice issue. Motion Commissioner McCray moved to table proposes Ordinances 17-035 and 17-034. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 14. FUTURE AGENDA ITEMS A. Staff will prepare a list of legislative priorities for the 2018 legislative session for the Commission's input and approval. - December 19, 2017 B. Quarterly report on red light camera program (Oct 2017-Dec 2017) - January 2018 C. Quarterly report on gov't surtax fund (Oct 2017-Dec 2017) — January 2018 50 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 D. The Commission has requested for a representative of ATS attend a commission meeting to discuss possible additional features/services — TBD E. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Leisureville Property Rolling Green Scrub Parcel by Galaxy School Girl Scout Park F. Staff to review PBC Ordinance on Panhandlers - TBD G. Mayor Grant has requested staff to review sign ordinance as it relates to people holding signs in public rights of ways - TBD H. PROPOSED ORDINANCE NO. 17-021 - SECOND READING - Approve Town Square Future Land Use Map Amendment from Public and Private Governmental/Institutional (PPG') and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezone from PU Public Usage, REC Recreation and R- 3 Multifamily to MU-3 Mixed Use 3 zoning district. City-initiated. (First Reading approved 8/15, Second Reading to coincide with approval of the Master Plan) PROPOSED ORDINANCE NO. 17-022 - SECOND READING - Amending Ordinance 02-013 to Rezone a Parcel of Land Described Herein and Commonly Referred to as Town Square From Public Usage (Pu); Recreation (Rec) And Multifamily (R-3) to Mixed Use 3 (Mu-3). I. Approve Eden Ridge Rezoning (REZN 18-001) from R-1-AA Single-Family Residential District to R-1-A Single-Family Residential District. Applicant: Aldo Kosuch of Eden Ridge, LLC. J. Approve Ocean Breeze East Rezoning (REZN 18-002) from MU-L2 (Mixed Use—Low Intensity 2 District) to MU-2 (Mixed Use 2 District) to support the conveyance of CRA-owned land for a mixed-use development on 4.39 acres in the Heart of Boynton District. Applicant: City-initiated K. Approve Soleil Early Learning Academy Conditional Use and Major Site Plan Modification (COUS 18-001 / MSPM 18-001) for the conversion of a one-story, 2,659 square foot counseling center office building to a day care facility and related site improvements, located at 201 SW 23rd Avenue / Golf Road in the C- 1 (Office Professional) zoning district. Applicant Cristine Thibodeau. 51 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 L. Approve High Ridge Country Club Major Site Plan Modification (MSPM 17- 009) to construct a new one-story, 54,500 square foot clubhouse building, gatehouse, and related site improvements, located at 2400 Hypoluxo Road in the Recreation (REC) zoning district. Applicant: Donaldson Hearing, Cotleur & Hearing M. Approve Front Porch Setbacks (CDRV 17-008) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 3. Zoning, Article 5. Supplemental Regulations, Section 3.A, to increase the magnitude of encroachment of front porches into the building setbacks. N. Annual Performance review of City Manager - December 19, 2017 Commissioner McCray indicated Commissioner Romelus left early. 15. Adjournment Motion There being no further business to discuss, Commissioner McCray moved to adjourn. Commissioner Casello seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 10:58p.m. (Continued on next page) 52 Meeting Minutes Special CRA and Regular City Commission Boynton Beach, Florida December 5, 2017 CITY Cy •Y TO ,= r ACH ; 4_ oma -teai nt � tliiiii... ` . : or- us •i ommissioner - ack McCray ft .,iiiiaglitsmt,„, Co issio r ity hristi . Romelus d A4 , ! Com/ issioner- Joe '-sello ATTEST Judi A. Pyle, CMC Cit Clerk //1/11L ereenester Nieves Deputy City Clerk 53 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Aldi Grocery (CDPA 17-006 through 17-009) APPLICANT: Bonnie Miskel, Esq. of Dunay, Miskel & Backman, LLP APPLICANT'S ADDRESS: 14 SE 4th Street, Suite 36, Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 5, 2017 APPROVAL SOUGHT: Requests for Community Design Appeal of 1) Chapter 4, Article III, Section 3.G., "Overhead doors facing rights-of-way"; 2) Chapter 4, Article III, Section 7.D.2., "Parapet roof return requirements"; 3) Chapter 4, Article III, Section 7.G.2. "Covered walks along building facades"; and 4) Chapter 4, Article III, Section 7.J.1. "Off-street parking locational criteria". LOCATION OF PROPERTY: 3452 W. Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby 1/GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: //,V/f �� Cit erk S:\Planning\SHARED\WP\PROJECTS\Aldi Grocery\CDPA 17-006 through 17-009\DO.doc EXHIBIT "D" CONDITIONS OF APPROVAL Project Name: Aldi Grocery File number: CDPA 17-006 through CDPA 17-009 Reference: 4th review plans identified as a New Site Plan with a October 10, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None. FIRE Comments: None. POLICE Comments: None. BUILDING DIVISION Comments: None. PARKS AND RECREATION Comments: None. PLANNING AND ZONING Comments: 1. Approval is subject to approval of the concurrent applications for Land Use & Rezoning, Major Site Plan Modification and Variance. X COMMUNITY REDEVELOPMENT AGENCY • Comments: N/A. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. Aldi Grocery(CDPA 17-006 through CDPA 17-009) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT CITY COMMISSION CONDITIONS Comments: To be determined. -fes S:\Planning\SHARED\WP\PROJECTSWIdi Grocery\CDPA 17-006 through CDPA 17-009\COA post P&D.doc EXHIBIT A SITE LOCATION MAP -•i 1 rt- • • 4, r 1 N . y. r 4,..' - P• A..0, '` t .,yr fr. er . A LT I f.l f. a J 'Y�..—h.r ..,s^-_..a1i'� 1�1Y �ig llii 011it , , _ I . t..,.... „. .. 1 .: ., . . . •. •. •• . it • -,re ._ ilit i . E. .• - ....,, i r r r r r r r r r t t1T,, F .. AL . • .. ' • 7.'•- 1 4 I* ��xAa-*� �� • a ..Yer. sem... II -, W Boynton Beach Blvd44 , w-: r 7 •r-.. ' N !` - � • r SiTE• '''' - ' a igil 10. r�,� 0 liti II: jI r �� Zi !rte v tt '1 '''. ' :: rr",' *!1‘. g • *' , _ N . IilL *VI. 44.-:.' -,-. _:. . . I - as lr :I, '... - • ^. . 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II (ioTKA VIr I I i • i t \, Atir / �* FFE= 15.90 NAVD i�i s �,� �,, 4_ _,3 1Q► i i !i I d, 14s®� ii !i I ;.,fib y■�. i i !i 1 Y 'I rsw It'll- i i Ii • 1( '' '''rE131k j'----- - A KWdee.. , -.mem Pursuant to LDR Part III, Chapter 2,Article II, Section 4.B.3,the Petitioner will demonstrate that the requested CDA meets the intent of the affected standard, does not diminish its practical 2 DUNAY •••••-- M I S K E L Gary Dunay Hope Calhoun Christina Bilenki Bonnie Miskel Dwayne Dickerson Heather Jo Allen BACK M A N LLP Scott Backman Ele Zachariades Andrea Keiser Aldi 3452 W. Boynton Beach Boulevard Southeast Corner of W. Boynton Beach Boulevard and Knuth Road Aldi, Inc. ("Petitioner") is the contract purchaser of the +/- 2.04 acre parcel, whose Parcel Control Number is 08-43-45-30-01-008-0031 and generally located on the southeast corner of West Boynton Beach Boulevard and Knuth Road ("Property") within the City of Boynton Beach, Palm Beach County,Florida ("City"). The Property is designated as Office Commercial ("OC") on the City's Future Land Use Map and is zoned Office Professional ("C-1"). Currently,the Property is developed with a rundown,one-story office building over thirty(30)years old and is in need of redevelopment. The Petitioner proposes to redevelop the Property with a +/- 18,848 square foot ALDI specialty grocery store ("Project"). In order to develop the Project, Petitioner requested a future land use map ("FLUM")amendment,rezoning,site plan approval,and a variance for the rear(south)setback. Here, Petitioner also respectfully requests Community Design Appeals for the following (each will be addressed in separate justification narratives): I . Code Section Subject 1 Part III, Chapter 4,Article III, Section 3.G Overhead Bay Doors 2 Part III, Chapter 4,Article III, Section 7.D.2 Parapet Return 3 Part III, Chapter 4,Article III, Section 7.G.2 Covered Walkways 4 Part III, Chapter 4,Article Ill, Section 7.J.1 Off-Street Parking CDA Justification for Relief from Chapter 4, Article Ill, Section 3.G (Overhead Bay Door) In order to bring City residents Aldi's specialty products with savings afforded to communities all over the world, Petitioner respectfully requests a Community Design Appeal ("CDA"). The purpose of a CDA is to provide a relief process that allows for deviations from any community design standard of Chapter 4 of the City's Land Development Regulations ("LDR"). Pursuant to LDR Part III, Chapter 4,Article III, Section 3.G, overhead bay doors shall not be located on building facades visible from Knuth Road. Petitioner is proposing an overhead bay door in the southeastern corner of the Property. See illustration below. The overhead bay door is oriented toward Knuth Road,but it's visibility has been significantly reduced. Thus,a CDA is required. 14 S.E.4th Street,Suite 36,Boca Raton, FL 33432 Tel:1561)405-3300 Fax:1561)409-2341 www.dmbblaw.com w V+ ' r 33W 0 I' ti / �I��I,I" 2u 5� r 1r 1 Ill ' VICZT.. 'Aill ... in .1 0 `I Ir III • , ugu i' a T dhi,l 11a� si I a v = i„i t;-.It .. ... r--) r: 1 I g. 1:, a etci I •I ! 1 Ij t WORD / 291E MDlS I I � - MOP,' J gI01tatit (dICWI�.tG* / I 10.5 Tv •tb = )(1 I g�roy I � � ,I: �� I� � r ALDI wwiie / .. t .1 ii V .l--, .. ..-. , pv ;; PROTO 7.0 • , , 2 , -' -- o ',Ale:i_p ''18,848 SF TOTAL 1 -_- = a b. a ''1 (17,880 SF INTERIOR) i wj re MOM 1 ilii "t hig 4 pii / 5�� FFE = 15.90 NAVD 3 A I /— — 11 . I • Il „...;. .i--wt-N. - 71* �.t ®1 • I .w« /gymu '. I t c6 I, Ili __ ..7 ai i i �� = I . I NOWT Iilk _ •”. f• �� 1 ? r ; ,..Ls.1 p..- 7:: . : , 1 iFii,'IlAri Liorjj I 2 PAPS 1 vaiamr� 5Q• tSD' V I N) I Pursuant to LDR Part III, Chapter 2, Article II, Section 4.B.3,the Petitioner will demonstrate that the requested CDA meets the intent of the affected standard, does not diminish its practical application, and that an acceptable development product and/or design is achieved. First, the overhead bay door is located within a recessed portion of the building with a downward slope of up to four and a quarter (4.25) feet. The recessed portion of the building and downward slope inherently reduces visibility from Knuth Road while the west facade of the building shields most of its visibility. Second, the overhead bay door is camouflaged by painting it the same color as the building to blend in with the west facade. Third,the curb cut on the south side of the drive aisle and Knuth Road has been slightly adjusted from approximately fourteen feet (14') to seventeen feet (17') to further reduce visibility from Knuth Road. Fourth, a denser landscape buffer, consisting of groupings of Sabal Palms and Green Buttonwoods plus a forty-eight inch (48") hedge height, even further reduces the overall visibility of the loading area and overhead bay door. Considering the foregoing, the Petitioner has significantly reduced the visibility of the overhead bay door in order to meet the intent of the LDR without diminishing its practical application. Furthermore, the location of the loading area and overhead bay door on the southeastern portion of the Property achieves the best design for this site. The northern portion of the Property contains most of the pedestrian activity, visibility and vehicular access for patrons from a major public right-of-way,Boynton Beach Boulevard. By locating the loading area and overhead bay doors 2 furthest from the pedestrian activity ensures the safety of Aldi's patrons. The eastern portion of the Property is adjacent to a residential neighborhood and locating the loading area closest to residential homes would be undesirable. The proposed location uses the building itself and a thirty- foot (30') setback to screen and to protect the residential community from any impacts of the commercial activity. The western portion of the Property also contains pedestrian activity and has visibility from another public right-of-way,Knuth Road. The loading area is located on the southern portion of the property and is adequately screened by denser landscaping, a forty-eight (48) inch hedge, and a downward slope of up to four and a quarter (4.25) feet. The overhead bay doors are oriented toward the Knuth Road so loading trucks can access the downward sloped, loading area from the southwest corner of the site, which has the least amount of impact to any pedestrians on site. The overhead bay doors are located furthest from Knuth Road in the recessed portion of the building and its visibility is further reduced by the west facade, the adjusted curb cut, and the additional landscaping. As such,the proposed location of the loading area and overhead bay doors achieves the best development product and design for this site while significantly reducing its visibility from Knuth Road in order to meet the intent of LDR Part III, Chapter 4,Article III, Section 3.G. Below, the Petitioner will also justify that the requested CDA sufficiently addresses the required review criteria in accordance with LDR Part III, Chapter 2,Article II, Section 4.B: a. Whether the proposed request will demonstrate consistency with the Comprehensive Plan; Granting the requested CDA is consistent with the Comprehensive Plan ("Plan"). As discussed above, the proposed location of the overhead bay doors achieves the best design for this site,significantly reduces its visibility,ensures the safety of pedestrians,and protects the adjacent residential community. Moreover, granting the requested CDAs allows the Petitioner to propose a Project for a Property greatly in need of redevelopment. As such,the CDA is consistent with the goals,policies and objectives outlined in the City's Plan as follows: Policy 1.3.1.b - By granting the CDA, the Petitioner can most effectively provide commercial retail services which support the resident and visitor populations as well as creating employment opportunities for the adjacent residential communities. Policy 1.4.1 -The City shall encourage a mixture of quality light industrial, commercial and office uses within commercial and industrial districts where such projects would not create significant land use conflicts and adequate public facilities are available to serve such uses. The Project proposes a commercial use that is more consistent with the future land use designations and zoning districts of neighboring communities and adequate public facilities are available for the proposed use. Thus, the Project minimizes land use conflicts and maintain the character of the community (Goal 1). Policy 1.4.2 - The City shall continue to modify land development regulations as needed to make them more effective or less burdensome in achieving goals and objectives of this Plan, and to seek innovative regulatory solutions to promote economic development and sustainability initiatives. The purpose of the CDA is to provide a relief process that allows 3 for deviations from any community design standard of LDR Chapter 4. This process stimulates economic development by providing relief from site design layouts that meet the general intent of the LDRs, but not the literal application of the LDRs which can be more burdensome in achieving the goals and objectives of this Plan. Here,the requested CDA for the overhead bay doors meets the general intent of the Code without diminishing the practical application of the design standard and results in the most favorable development design. Policy 1.7.3 - The City shall require that designs for redevelopment and infill projects encourage the use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize personal safety. The Petitioner is proposing a Project on a Property greatly in need of redevelopment. The site plan encourages the use of public transit by coordinating a bus shelter with Palm Tran on the Property. It also encourages bicycle travel by providing bicycle racks and other pedestrian amenities such as seating and covered trellises. The requested CDA maximizes the safety of pedestrians by locating the loading area and overhead bay doors the furthest away from pedestrian activity. Policy 1.7.4 - The City is required to evaluate the continuing need for redevelopment plans in specific areas of the City that are not within the City's designated Community Redevelopment Area ("CRA"). This Property has been developed with the same, rundown office building over thirty(30)years and is greatly in need of redevelopment. Thus,the CDA facilitates the much needed redevelopment of the Property, which is not located within a CRA. Policy 1.17.3 - By the end of 2014, the City shall review the Land Development Regulations to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends. As noted above, the requested CDA removes an unnecessary hurdle hindering redevelopment of this site with a commercial use that will create jobs,contribute to the City's tax base,and provide an internationally recognized brand name. b. Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable; The requested CDA will not significantly detract from the livability or appearance of the City and will be consistent with the established or desired character of the area. Proposing the loading area and overhead bay doors on the most southeastern corner of the Property and in a recessed portion of the building with a downward slope achieves the best site design with the most reduced visibility of the overhead bay doors. The denser landscaping enhances the livability and appearance of the City,and the camouflaging of the overhead bay door blends in with the façade of the building,which is consistent with the character of the area. 4 c. On balance, whether the proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed; The requested CDA is consistent with the purpose of the standard for which a deviation is requested. As discussed above, the requested CDA still meets the general intent of the standard,which is to reduce the visibility of the overhead bay doors. Furthermore, granting the requested CDA will better meet the purpose of the standard being appealed. The proposed location of the loading area and overhead bay doors creates a safer environment for pedestrians and protects the adjacent residential community while still reducing the overall visibility. d. Whether the proposed request is intended to save or preserve existing trees or desired flora. (1)Whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship; (2)Whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real property; 2) location of existing structures and infrastructure improvements; and 3)size, age, health, and species of trees sought to be protected; The criteria in d(1) and d(2) is inapplicable to this CDA. The overhead bay doors do not impact existing trees or flora. In fact, additional landscaping has been provided to meet the general intent of the LDR. e. Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions; This criterion is inapplicable to this CDA. The visibility of the overhead bay doors does not have any environmental impacts. I Whether the proposed request will have an adverse impact on property values of abutting or adjacent land; The requested CDA will not have an adverse impact on property values of abutting or adjacent land. In fact, the proposed location of the loading area and overhead bay doors within the recessed portion of the building protects the property values of the adjacent residential community. 5 g. Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties; This criterion is inapplicable to this CDA. The visibility of the overhead bay doors does not have any impacts on the quality and quantity of light and air available to adjacent properties. There will be no operations on site that will emit smoke or odors and the proposed building height (25'4") is far less than the maximum requirement (45'). h. Whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion;and The requested CDA is necessary to further the objectives of the City to assist with economic development and business promotion. Policy 1.17.3 requires the City to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends. As already mentioned, the requested CDA achieves the best site design while still meeting the general intent of the LDR and removes an unnecessary hurdle hindering a much needed redevelopment of Property with a commercial use that will create jobs, contribute to the City's tax base, and provide an internationally recognized brand name. i. Whether the proposed request meets the purpose and intent of these regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives. The Petitioner has demonstrated throughout this justification that the requested CDA meets the relief criteria. The requested CDA does not conflict with another site development standard or requirement. 6 I— H 1I 1 ...... 11 1li NNW 5Z4 i, I ��±LL .{r1). .. tfil© w� .. ,---- -. warm-at :1 tom_ r i: i * NIt. * - SID �� D g : ollli'�, I I �; 11 ; r.4 D �� 8 iso M I. Ania01e i.':ems•'\\� A® �. ,1 y -31 lil' 1 ! � _ I M CO co 13 III 1E1 E, til 4Ea �' ohne D ©� © ©, ;.; ' m 11 �1 i lro .\ ag- - ----siatii.I IIS i!" 11114,:r4 4 4 erg - _ _ . it Y 1rel I 1 1 11 1. III,;1 D ;fie ,wf P. 1 $ l51 iEti 11 ! EFA 0 it iigiiis F I f +III g g i l a i V � 1 '1 ! 1 3 ° 2 i l ! g a-� s o g w R. Y w v v w N & i0.1a A 8 s, 2 _ 1 1 a w Q A a a a 1s s n 2 g Czz�1 a 5z ri En i e -4?=-2 A � I , e /03 4� I1I1 mom. A l V pipit §]] lixa],yg Q 83 S S p S OEC ,*ms ,. •" cw. 44 tIl i 551' S e Yg f1 0� _ i F'�^ 41 #11 r casorn • w.14440 nmw«owrOwx RD .I aiEI ` 1 a e a Ewan DUNAY MISKEL Gary Dunay Hope Calhoun Christina Bilenki BAC K M A N LLP Bonnie Miskel Dwayne Dickerson Heather Jo Allen Scott Backman Ele Zachariades Andrea Keiser Aldi 3452 W. Boynton Beach Boulevard Southeast Corner of W. Boynton Beach Boulevard and Knuth Road Aldi, Inc. ("Petitioner") is the contract purchaser of the +/- 2.04 acre parcel, whose Parcel Control Number is 08-43-45-30-01-008-0031 and generally located on the southeast corner of West Boynton Beach Boulevard and Knuth Road ("Property") within the City of Boynton Beach, Palm Beach County, Florida ("City"). The Property is designated as Office Commercial ("OC") on the City's Future Land Use Map and is zoned Office Professional ("C-1"). Currently,the Property is developed with a rundown,one-story office building over thirty(30)years old and is in need of redevelopment. The Petitioner proposes to redevelop the Property with a +/- 18,848 square foot ALDI specialty grocery store ("Project"). In order to develop the Project, Petitioner requested a future land use map ("FLUM")amendment,rezoning,site plan approval,and a variance for the rear(south) setback. Here, Petitioner also respectfully requests Community Design Appeals for the following (each will be addressed in separate justification narratives): No., Code Section Subject 1 Part III, Chapter 4,Article III, Section 3.G Overhead Bay Doors 2 Part III,Chapter 4,Article III,Section 7.D.2 Parapet Return 3 Part III,Chapter 4,Article III,Section 7.G.2 Covered Walkways 4 Part III, Chapter 4,Article III, Section 7.J.1 Off-Street Parking CDA Justification for Relief from Chapter 4, Article III, Section 7.D.2 (Parapet Return) In order to bring City residents Aldi's specialty products with savings afforded to communities all over the world, Petitioner respectfully requests a Community Design Appeal ("CDA"). The purpose of a CDA is to provide a relief process that allows for deviations from any community design standard of Chapter 4 of the City's Land Development Regulations ("LDR"). LDR Part III,Chapter 4,Article III,Section 7.D.2 is a big box design standard and requires a parapet return with a length equal to or exceeding the parapet articulation. Petitioner is proposing the following and requires a CDA: Tower Parapet Articulation Parapet Return Main Tower 4 feet 2 feet Secondary Tower 4 feet 8 inches 2 feet 14 S.E.4th Street,Suite 36,Boca Raton, FL 33432 Tel:(5611 405-3300 Fax:(561)409-2341 www.dmbblaw.com Pursuant to LDR Part III, Chapter 2,Article II, Section 4.B.3, the Petitioner will demonstrate that the requested CDA meets the intent of the affected standard, does not diminish its practical application, and that an acceptable development product and/or design is achieved. The intent of big box design standards is to eliminate adverse aesthetic impacts of large square or rectangular- shaped buildings with limited architectural enhancements. The minimum required parapet return is an architectural enhancement intended to minimize those impacts. Here, Petitioner's building proposes a plethora of architectural enhancements that result in a building design far more aesthetically pleasing than your typical big box building. The two most visible elevations are the front elevation (north) and the right elevation (west). &o ,., ta •�c� cc..o:MO H 1.11111111 NM= .1.1111. s, I •ti _ _417;• FRONT ELEVATION (NORTH) •A...— r _.,r. •M L umI _...- ...__. : I IIS. RIGHT ELEVATION(WEST) Both elevations are visible from public rights-of-way, Boynton Beach Boulevard and Knuth Road. Both elevations provide the main tower element with the illuminated Aldi sign and secondary tower elements. This creates movement along the roof line as opposed to flat roofs typically seen on big box buildings. The facades offer a variety of colors and materials with different tones and consistency to create a visually aesthetic blend of architectural enhancements. They include vintage wood cedar, a brick like split-face CMU in Aldi Autumn, a prairie clay stucco, and aluminum composite panels in slate gray, bright silver, and gravel stop firestone white. Cornice treatments are provided on all four elevations to create a finished look. The varying tower and parapet heights create architectural enhancements that better meet the intent of the LDR than simply extending the parapet return. In fact,increasing the width of the parapet return for this particular building design would not be visible,and thus,have no additional impact on the architectural enhancements given the size of the building and existing tower elements. Therefore, the Petitioner has adequately addressed the intent of the LDR by providing architectural enhancements to the roof line that far exceed the minimum parapet return requirement. Below, the Petitioner will also justify that the requested CDA sufficiently addresses the required review criteria in accordance with LDR Part III, Chapter 2,Article II, Section 4.B: 2 a. Whether the proposed request will demonstrate consistency with the Comprehensive Plan; Granting the requested CDA is consistent with the Comprehensive Plan ("Plan"). As discussed above, the Petitioner's proposed building design does not qualify as a big box building and provides architectural enhancements that far exceed a minimum required parapet return. Moreover, granting the requested CDAs allows the Petitioner to propose a Project for a Property greatly in need of redevelopment. As such,the CDA is consistent with the goals,policies and objectives outlined in the City's Plan as follows: Policy 1.3.1.b - By granting the CDA, the Petitioner can most effectively provide commercial retail services which support the resident and visitor populations as well as creating employment opportunities for the adjacent residential communities. Policy 1.4.1 -The City shall encourage a mixture of quality light industrial,commercial and office uses within commercial and industrial districts where such projects would not create significant land use conflicts and adequate public facilities are available to serve such uses. The Project proposes a commercial use that is more consistent with the future land use designations and zoning districts of neighboring communities and adequate public facilities are available for the proposed use. Thus, the Project minimizes land use conflicts and maintain the character of the community (Goal 1). Policy 1.4.2 - The City shall continue to modify land development regulations as needed to make them more effective or less burdensome in achieving goals and objectives of this Plan, and to seek innovative regulatory solutions to promote economic development and sustainability initiatives. The purpose of the CDA is to provide a relief process that allows for deviations from any community design standard of LDR Chapter 4. This process stimulates economic development by providing relief from site design layouts that meet the general intent of the LDRs, but not the literal application of the LDRs which can be more burdensome in achieving the goals and objectives of this Plan. Here,granting the requested CDA provides relief from a design standard that is over burdensome because its application has little to no impact on the aesthetics of the building if the parapet return is not visible. Policy 1.7.3 - The City shall require that designs for redevelopment and infill projects encourage the use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize personal safety. The Petitioner is proposing a Project on a Property greatly in need of redevelopment. The site plan encourages the use of public transit by coordinating a bus shelter with Palm Tran on the Property. It also encourages bicycle travel by providing bicycle racks and other pedestrian amenities such as seating and covered trellises. The requested CDA maximizes the safety of pedestrians by locating the loading area and overhead bay doors the furthest away from pedestrian activity. Policy 1.7.4 - The City is required to evaluate the continuing need for redevelopment plans in specific areas of the City that are not within the City's designated Community 3 Redevelopment Area ("CRA"). This Property has been developed with the same, rundown office building over thirty(30)years and is greatly in need of redevelopment. Thus,the CDA facilitates the much needed redevelopment of the Property, which is not located within a CRA. Policy 1.17.3 - By the end of 2014, the City shall review the Land Development Regulations to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends. As noted above, the requested CDA removes an unnecessary hurdle hindering redevelopment of this site with a commercial use that will create jobs,contribute to the City's tax base,and provide an internationally recognized brand name. b. Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable; The requested CDA will not significantly detract from the livability or appearance of the City and will be consistent with the established or desired character of the area. As discussed above, the Petitioner has proposed a building design that is not the typical big box building and has many architectural enhancements that create a positive aesthetic impact in the community. c. On balance, whether the proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed; The requested CDA is consistent with the purpose of the standard for which a deviation is requested. As discussed above, the requested CDA still meets the general intent of the standard,which is to reduce the visibility of the overhead bay doors. Furthermore, granting the requested CDA will better meet the purpose of the standard being appealed. The Petitioner has provided better and more architectural enhancements than the minimum required parapet return. d. Whether the proposed request is intended to save or preserve existing trees or desired flora. (1)Whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship; (2)Whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real 4 property; 2) location of existing structures and infrastructure improvements; and 3)size, age, health, and species of trees sought to be protected; The criteria in d(1) and d(2) is inapplicable to this CDA. The parapets do not impact existing trees or flora e. Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions; This criterion is inapplicable to this CDA. The parapets do not have any environmental impacts. f Whether the proposed request will have an adverse impact on property values of abutting or adjacent land; The requested CDA will not have an adverse impact on property values of abutting or adjacent land. In fact, a more aesthetically pleasing building design protects the property values of the adjacent residential community. g. Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties; This criterion is inapplicable to this CDA. There will be no operations on site that will emit smoke or odors and the proposed building height (25'4"),including parapets,is far less than the maximum requirement (45'). h. Whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion;and The requested CDA is necessary to further the objectives of the City to assist with economic development and business promotion. Policy 1.17.3 requires the City to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends. As already mentioned, the requested CDA provides a better building design while still meeting the general intent of the LDR and removes an unnecessary hurdle hindering a much needed redevelopment of Property with a commercial use that will create jobs, contribute to the City's tax base,and provide an internationally recognized brand name. 5 i. Whether the proposed request meets the purpose and intent of these regulations but conflicts with another site development standard or requirement,including sustainable development and green initiatives. The Petitioner has demonstrated throughout this justification that the requested CDA meets the relief criteria. The requested CDA does not conflict with another site development standard or requirement. 6 DUNAY �.� M I S K E L Gary Dunay Hope Calhoun Christina Bilenki Bonnie Miskel Dwayne Dickerson Heather Jo Allen B A C K M A N LLP Scott Backman Ele Zachariades Andrea Keiser Aldi 3452 W. Boynton Beach Boulevard Southeast Corner of W. Boynton Beach Boulevard and Knuth Road Aldi, Inc. ("Petitioner") is the contract purchaser of the +/- 2.04 acre parcel, whose Parcel Control Number is 08-43-45-30-01-008-0031 and generally located on the southeast corner of West Boynton Beach Boulevard and Knuth Road ("Property") within the City of Boynton Beach, Palm Beach County, Florida ("City"). The Property is designated as Office Commercial ("OC") on the City's Future Land Use Map and is zoned Office Professional ("C-1"). Currently,the Property is developed with a rundown,one-story office building over thirty(30)years old and is in need of redevelopment. The Petitioner proposes to redevelop the Property with a +/- 18,848 square foot ALDI specialty grocery store ("Project"). In order to develop the Project, Petitioner requested a future land use map ("FLUM")amendment,rezoning,site plan approval,and a variance for the rear(south)setback. Here, Petitioner also respectfully requests Community Design Appeals for the following (each will be addressed in separate justification narratives): NAL Code Section Subject 1 Part III, Chapter 4,Article III, Section 3.G Overhead Bay Doors 2 Part III, Chapter 4,Article III, Section 7.D.2 Parapet Return 3 Part III, Chapter 4,Article III, Section 7.G.2 Covered Walkways 4 Part III, Chapter 4,Article III, Section 7.J.1 Off-Street Parking CDA Justification for Relief from Chapter 4, Article Ill, Section 7.J.1 (Off-Street Parking) In order to bring City residents Aldi's specialty products with savings afforded to communities all over the world, Petitioner respectfully requests a Community Design Appeal ("CDA"). The purpose of a CDA is to provide a relief process that allows for deviations from any community design standard of Chapter 4 of the City's Land Development Regulations ("LDR"). Pursuant to LDR Part III, Chapter 4,Article III,Section 7.J.1,no more than sixty percent(60%) of the off-street parking may be located between the building facade and a public street. Petitioner is proposing the following to meet the general intent of this LDR, but will require a CDA in order to achieve the most efficient and safe site design: • A designated, stamped concrete pedestrian crosswalk that bisects the parking lot; • Hard roof trellises for three(3)areas in between the stamped concrete crosswalk that bisects the parking lot (see illustration below and area circled in orange); and • Curbed landscaped areas throughout the site (see illustration below and area boxed in green). 14 S.E.4th Street,Suite 36,Boca Raton, FL 33432 Tel:(561)405-3300 Fax:15611 409-2341 www.dmbblaw.com application, and that an acceptable development product and/or design is achieved. The intent of this percentage limitation for off-street parking is to reduce the appearance of a large parking field in front of the building. However, in order to achieve the most efficient and safe site design, the Petitioner must provide a site layout that is compatible with the existing dimensions for this Property, that does not compromise the natural surveillance of patrons in the parking lot, that provides for efficient traffic flow, and that protects the adjacent residential community to the east. The Property is uniquely long and narrow. It is approximately 235 feet wide and 375 feet long. Its length is a third greater than its width. As a result,the proposed building location achieves the best site design because it provides the most efficient traffic flow,best screens the loading area,provides the least amount of impact to the adjacent residential community to the east, and allows for the natural surveillance of the parking lot from the public rights-of-way. To meet the intent of the LDR for this necessary site design, the Petitioner has provided site amenities to reduce the overall area of the paved surface in between the building facade and the public right-of-way. Petitioner proposes a seven (7) foot, stamped concrete pedestrian crosswalk that bisects the parking lot. In between the crosswalk, hard covered trellises provide an aesthetically pleasing site amenity as well as weather related relief to patrons entering and exiting the store. Furthermore, curbed landscaped areas throughout the site create aesthetically pleasing green areas that visually reduce the overall area of the paved surface. In totality,the Petitioner's proposed site layout with site amenities meets the intent of the LDR without diminishing its practical application by reducing the appearance of a large parking field while still achieving the best and safest site design. Below, the Petitioner will also justify that the requested CDA sufficiently addresses the required review criteria in accordance with LDR Part III, Chapter 2,Article II, Section 4.B: a. Whether the proposed request will demonstrate consistency with the Comprehensive Plan; Granting the requested CDA is consistent with the Comprehensive Plan ("Plan"). As discussed above,the requested CDA gives the Petitioner the flexibility to achieve an efficient and safe site design suitable for the proposed use while still meeting the general intent of the LDR. Moreover, granting the requested CDAs allows the Petitioner to propose a Project for a Property greatly in need of redevelopment. As such, the CDA is consistent with the goals, policies and objectives outlined in the City's Plan as follows: Policy 1.3.1.b - By granting the CDA, the Petitioner can most effectively provide commercial retail services which support the resident and visitor populations as well as creating employment opportunities for the adjacent residential communities. Policy 1.4.1 —The City shall encourage a mixture of quality light industrial, commercial and office uses within commercial and industrial districts where such projects would not create significant land use conflicts and adequate public facilities are available to serve such uses. The Project proposes a commercial use that is more consistent with the future land use designations and zoning districts of neighboring communities and adequate public facilities are available for the proposed use. Thus, the Project minimizes land use conflicts and maintain the character of the community (Goal 1). 3 Policy 1.4.2 - The City shall continue to modify land development regulations as needed to make them more effective or less burdensome in achieving goals and objectives of this Plan, and to seek innovative regulatory solutions to promote economic development and sustainability initiatives. The purpose of the CDA is to provide a relief process that allows for deviations from any community design standard of LDR Chapter 4. This process stimulates economic development by providing relief from site design layouts that meet the general intent of the LDRs, but not the literal application of the LDRs which can be more burdensome in achieving the goals and objectives of this Plan. Here,the requested CDA for the reducing the overall paved surface with site amenities meets the general intent of the Code without diminishing the practical application of the design standard and results in the most efficient and safe site design. Policy 1.7.3 - The City shall require that designs for redevelopment and infill projects encourage the use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize personal safety. The Petitioner is proposing a Project on a Property greatly in need of redevelopment. The site plan encourages the use of public transit by coordinating a bus shelter with Palm Tran on the Property. It also encourages bicycle travel by providing bicycle racks and other pedestrian amenities such as seating and covered trellises. The requested CDA maximizes the safety of pedestrians maximizing the natural surveillance of the parking lots from the public right-of-way. Policy 1.7.4 - The City is required to evaluate the continuing need for redevelopment plans in specific areas of the City that are not within the City's designated Community Redevelopment Area ("CRA"). This Property has been developed with the same, rundown office building over thirty(30) years and is greatly in need of redevelopment. Thus,the CDA facilitates the much needed redevelopment of the Property, which is not located within a CRA. Policy 1.17.3 - By the end of 2014, the City shall review the Land Development Regulations to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends. As noted above, the requested CDA removes an unnecessary hurdle hindering redevelopment of this site with a commercial use that will create jobs,contribute to the City's tax base,and provide an internationally recognized brand name. b. Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable; The requested CDA will not significantly detract from the livability or appearance of the City and will be consistent with the established or desired character of the area. The pedestrian crosswalk and hard roof trellises provide a practical site amenity that visually reduces the overall paved area. Additionally, the curbed landscaped areas around the north and west building facade create an aesthetically pleasing green area. 4 c. On balance, whether the proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed; The requested CDA is consistent with the purpose of the standard for which a deviation is requested. As discussed above, the requested CDA still meets the general intent of the standard,which is to reduce the appearance of a large parking field in front of the building. Granting the requested CDA will better meet the purpose of the standard being appealed because an efficient and safe site design layout is achieved while still reducing the overall appearance of the paved surface. d. Whether the proposed request is intended to save or preserve existing trees or desired flora. (1)Whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship; (2)Whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real property; 2) location of existing structures and infrastructure improvements; and 3)size, age, health, and species of trees sought to be protected; The criteria in d(1) and d(2) is inapplicable to this CDA. The parking area is not intended to save or preserve trees or flora. e. Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions; The requested CDA will not create any additional adverse environmental impacts. Regardless of the location of the parking,the required number of parking spaces remain the same for this use and any conditions imposed to minimum environmental impacts will remain the same. f Whether the proposed request will have an adverse impact on property values of abutting or adjacent land; 5 The requested CDA will not have an adverse impact on property values of abutting or adjacent land. The site design achieves the most efficient layout. Moreover,the brand name, product offerings, aesthetic enhancements of the trellises, landscaped areas,and pedestrian friendly amenities increase property values. g. Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties; This criterion is inapplicable to this CDA. The location of parking does not have any impacts on the quality and quantity of light and air available to adjacent properties. There will be no operations on site that will emit smoke or odors and the proposed building height (25'4") is far less than the maximum requirement (45'). h. Whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion;and The requested CDA is necessary to further the objectives of the City to assist with economic development and business promotion. Policy 1.17.3 requires the City to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends. As already mentioned, the requested CDA achieves the better and safer site design while still meeting the general intent of the LDR and removes an unnecessary hurdle hindering a much needed redevelopment of Property with a commercial use that will create jobs, contribute to the City's tax base, and provide an internationally recognized brand name. i. Whether the proposed request meets the purpose and intent of these regulations but conflicts with another site development standard or requirement,including sustainable development and green initiatives. The Petitioner has demonstrated throughout this justification that the requested CDA meets the relief criteria. The requested CDA does not conflict with another site development standard or requirement. 6 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Aldi Grocery (MSPM 17-005) APPLICANT: Bonnie Miskel, Esq. of Dunay, Miskel & Backman, LLP APPLICANT'S ADDRESS: 14 SE 4th Street, Suite 36, Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 5, 2017 APPROVAL SOUGHT: Major Site Plan Modification approval to construct a 17,880 square foot grocery store and related site improvements, located at 3452 W. Boynton Beach Boulevard. LOCATION OF PROPERTY: 3452 W. Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby • GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: / /, -- L "T N � , v City Clerk S\Planning\SHARED\WP\PROJECTS\Aldi Grocery\MSPM 17-005\DO.doc EXHIBIT "C" Conditions of Approval Project Name: Aldi Grocery File number: MSPM 17-005 Reference: 4th review plans identified as a Major Site Plan Modification with an October 10, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES Comments: 1. Please provide a copy of the notice of concurrency to the Traffic Performance Standards of Palm Beach County. (NOTE: If notice of concurrency is a condition of DART approval applicant will be X required to comply with any recommendations outlined in concurrency approval deemed necessary by the City and will be at the City's sole discretion). 2. Please work with PalmTran on the location of an upgraded bus shelter on property, in the vicinity of the existing bus stop location on X Boynton Beach Boulevard. Bus shelter shall be designed to match the architectural style, materials and color of the proposed building. 3. At time of permit submittal, cross sections will be required along each property line so that the applicant can clearly show how the proposed development will tie into existing features. The applicant X will need 50-75 feet of additional topographic information collected around the perimeter of the property to properly depict the required cross sections. 4. At time of permit, submittal please show the open cuts on Knuth X Road and Banyan Creek Circle N. to allow for the installation of the utilities. 5. The soils report calls for various asphalt pavement sections. At time X of permit submittal, please provide the heavy-duty detail and note which section covers which area. 6. At time of permit submittal, please depict a drain within the dumpster X enclosure. FIRE Comments: None, all previous comments addressed at DART meeting. POLICE Aldi Grocery (MSPM 17-005) Conditions of Approval Page 2 of 4 DEPARTMENTS INCLUDE REJECT Comments: None, all previous comments addressed at DART meeting. BUILDING DIVISION Comments: None, all previous comments addressed at DART meeting. PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 7. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004 and an affidavit provided to the City X Clerk. 8. Please place the electric drop adjacent to the existing monument sign underground. X 9. Per Chapter 4, Article III, Section 3.G., overhead bay doors shall not be located on building facades visible from public r-o-w such as Knuth Road. A Community Design Appeal is required since the X overhead door faces Knuth Road. Approval of the Major Site Plan Modification is subject to approval of the Community Design Appeal. 10. Per Chapter 4, Article Ill, Section 7.D.2., a parapet return is required with a length equal to or exceeding the parapet articulation. A Community Design Appeal is required if parapet return is not X increased in width. Approval of the Major Site Plan Modification is subject to approval of the Community Design Appeal. 11. Per Chapter 4, Article Ill, Section 7.G.2., covered walkways along the face of the building, shall be a minimum of 10 feet in width with an unobstructed 7 feet of clear path, and are required along 70% of the front facade and 30% of the side corner facade. A Community X Design Appeal is required if the 10 foot width of the covered walk and length along each facade is not met. Approval of the Major Site Plan Modification is subject to approval of the Community Design Appeal. Aldi Grocery (MSPM 17-005) Conditions of Approval Page 3 of 4 DEPARTMENTS INCLUDE REJECT 12. Per Chapter 4, Article III, Section 7.J.1., no more than 60% of the off- street parking may be located between the building facade and a public street. Approval of the Major Site Plan Modification is subject X to approval of the Community Design Appeal. 13. Approval of the Major Site Plan Modification is subject to approval of the Rear Setback Variance. X 14. Please provide architectural details of the covered trellis and decorative bus shelter. If not received prior to Board hearing, the X review and approval will be staff's determination. 15. At time of permitting, please provide a sample of the proposed spandrel glass for staff review and determination that the glass X closely resembles the vision glass. 16. Staff recommends the applicant work with the abutting HOA to discuss the possibility of the removal and replacement of their wooden fence with your required buffer wall and landscaping, rather X than placing them back-to-back. 17. Applicants who wish to utilize City electronic media equipment for recommended PowerPoint presentations at the public hearings must notify the project manager in Planning and Zoning and submit a CD X of the presentation at least one week prior to the scheduled meeting. COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 18. Replace comment #2 with a new comment: Provide PalmTran an easement for a future bus shelter location. X 19. Delete comment#14. X 20. Revise the site plan to add handicap parking spaces in the parking row against the building, without reducing the number of provided X space below the minimum number required by code. 21. Re-examine the proposed site photometrics to determine if all proposed site lighting could be altered to a warm white lighting X fixture and continue to maintain code compliant lighting levels. Aldi Grocery (MSPM 17-005) Conditions of Approval Page 4 of 4 DEPARTMENTS INCLUDE REJECT CITY COMMISSION CONDITIONS Comments: 22. Prior to permit submittal, please provide a letter of determination from PalmTran regarding the applicant providing a covered bus X shelter at the bus stop location depicted on the site plan. S:\Planning\SHARED\WP\PROJECTS\Aldi Grocery\MSPM 17-005\COA post CC.doc 4eadMis=m1Mi 017Z 091. OZ1. 090£ 0 Ng -7077 1 ,„, • ,!. ,. - 41: vio #( . :.' . ' .,., .. Ato ;;'•-..i'i„. , , D3 .. . ,-,,.. :0,:„.• . ,:.,, 304,. top All , PillbH li#: 'At • -.1 • . '.., . ,,.:---;. rfil,.-----t , L• ._,.., 1 0 . ,..._ . , ,.. .. •?,,,. .-:'40,.. ...v. .4. A. alba%'., M•' : E i m , -.3 11$ NE • , 1 . . ....;•;,,t,„, P .,''.,,,.'...t. '• . "-e, '• ° 1 4. f ""- 4111 p: 0 '.•17'i ,1 --, • -_.1, K •- . 1 ' • , 111, :1.1. ', A-., ZIA, . - . • ....- ' 11. tZ .-- . 1: ... -.. ,, :di CI > ....r.1 . . . 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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Aldi Grocery (ZNCV 17-001) APPLICANT: Bonnie Miskel, Esq. of Dunay, Miskel & Backman, LLP APPLICANT'S ADDRESS: 14 SE 4th Street, Suite 36, Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 5, 2017 APPROVAL SOUGHT: Relief from the City of Boynton Beach Land Development Regulations, Chapter 3, Article III. Section 3.C.3., Community Commercial (C-3) Building/Site Regulations, requiring a minimum rear setback of 20 feet, to allow a rear setback of 14 feet, a variance of 6 feet. LOCATION OF PROPERTY: 3452 W. Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applica91- i-7HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby / GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: �dLl / )7ACity Clerk S:\Planning\SHARED\WP\PROJECTS\Aldi Grocery\ZNCV 17-001\DO.doc EXHIBIT "D" CONDITIONS OF APPROVAL Project Name: Aldi Grocery File number: ZNCV 17-001 Reference: 4th review plans identified as a New Site Plan with a October 10, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None. FIRE Comments: None. POLICE Comments: None. BUILDING DIVISION Comments: None. PARKS AND RECREATION Comments: None. PLANNING AND ZONING Comments: 1. Approval is subject to approval of the concurrent applications for Land Use & Rezoning, Major Site Plan Modification and Community Design X Appeals. COMMUNITY REDEVELOPMENT AGENCY Comments: N/A. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. Aldi Grocery (ZNCV 17-001) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT CITY COMMISSION CONDITIONS Comments: To be determined. 1-Le... it S:\Planning\SHARED\WP\PROJECTS\Aldi Grocery\ZNCV 17-001\COA post P&D.d c DUNAY =�--' MISKEL Gary Dunay Hope Calhoun Christina Bitenki B AC K M A N ��p Bonnie M+sl:el Dwayne Dickerson Heather Jo Alien Scott Beckman Ete Zachariades Andrea Keiser Aldi 3452 W. Boynton Beach Boulevard Southeast Corner of W. Boynton Beach Boulevard and Knuth Road Aldi, Inc. ("Petitioner") is the contract purchaser of the +/- 2.04 acre parcel, whose Parcel Control Number is 08-43-45-30-01-008-0031 and generally located on the southeast corner of West Boynton Beach Boulevard and Knuth Road ("Property") within the City of Boynton Beach, Palm Beach County,Florida ("City"). The Property is designated as Office Commercial ("OC") on the City's Future Land Use Map and is zoned Office Professional ("C-1"). Currently,the Property is developed with a rundown,one-story office building over thirty(30)years old and is in need of redevelopment. The Petitioner proposes to redevelop the Property with a +/- 18,848 square foot ALDI specialty grocery store ("Project"). In order to develop the Project, Petitioner is requesting a future land use map("FLUM")amendment,rezoning,site plan approval,and a variance for the rear(south)setback. Variance Justification ALDI, one of America's favorite grocers, is an international brand that first opened in 1961 Germany. It operates more than 1,600 stores in thirty-five (35) states and desires to bring a +/- 18,848 square foot specialty grocery store to the City. They take a simple, cost-effective approach to grocery shopping that saves shoppers on their grocery bills. In fact, smart shoppers have found that switching from national brands to ALDI exclusive brands can save them up to fifty percent (50%). According to Market Force Information,ALDI is a value leader among grocery stores in the United States for the sixth year in a row.1 Over ninety percent (90%) of retail products sold are ALDI specific brands and are sold only as weekly must-haves.• In 2014, ALDI was recognized as Retailer of the Year for their private brand development by Store Brands Magazine2. Monthly,more than forty (40) million customers benefit from their streamlined approach to bring shoppers the highest quality products at the lowest possible prices because ALDI products are specially curated by ALDI. ALDI partners with local farmers when possible and is gluten and organic conscious. In 2012,ALDI was recognized in Supermarket News for its efforts in promoting healthy diet.3 In order to bring City residents specialty products with savings, Petitioner respectfully requests a variance for the rear (south) setback, which is a deviation from a quantifiable standard or measure as is applicable to variances according to the City's Land Development Regulations ("LDR") Chapter 2, Article II, Section 4.D.1.b. Currently, LDR Chapter 3, Article III, Section 3.C.3 requires a rear yard setback to be a minimum of twenty (20) feet. Petitioner is proposing a 31.65 foot rear (south) setback on approximately seventy percent (70%) of the building and a 14.81 foot rear (south) 1 https://corporate.aldi.us/en/newsroom/awards/market-force/ 2 https://corporate.aldi.us/en/newsroom/awards/store-brands-magazine-2014-retailer-of-the-year/ 3 https://corporate.aldi.us/en/newsroom/awards/supermarket-news/ 14 S.E.4th Street,Suite 36, Boca Raton, FL 33432 Tel:(5611 405-3300 Fax:(561)409-2341 www.dmbblaw.corn setback on approximately thirty percent(30%) of the building. As such,the scope of this requested variance is limited to the 14.81 foot rear (south) setback on approximately thirty percent(30%) of the southeast corner of the building. LDR Chapter 2, Article II, Section 4.D provides the review criteria used for evaluating variance requests. Petitioner will demonstrate below that the requested variance is consistent with the following review criteria as follows: a. That special conditions and circumstances exist which are peculiar to the land,structure or building involved,and which are not applicable to other lands,structures or buildings in the same zoning district; There are special conditions and circumstances peculiar to the land,which are not applicable to other lands. The Property's existing shape is long and narrow. The length of the Property at 380.80 feet is forty percent (40%) larger than its width at 234.92 feet. Moreover, the Property is a located at the corner of a major intersection, and thus, visible from two right- of-ways (W. Boynton Beach Boulevard and Knuth Road). In order to meet the parking, circulation, landscaping and buffer requirements of the City's LDR, a proposed building is predominantly setback to the maximum extent practicable at 31.65 feet on the southeastern portion of the Property. In consideration of the residential community adjacent to the east of the Property, the Applicant added a small appendage for loading ("Loading Dock") to the southeastern portion of the building in order to screen loading trucks from any views by impacted residents. Additionally,the grade of the loading zone is slightly lower to screen the loading truck from the property to the south. With a majority of the building set back at 31.65 feet and only thirty(30) feet of building set back at 14.81 feet,the Applicant is able to provide the required five(5) feet of foundation planting around the building and visible from both right-of-ways; the required twenty-five (25) foot drive aisles for proper circulation;the required ten (10) foot buffers on the north and west side of the Property and the required thirty(30) foot buffer on the east side of the Property; and the minimum number of parking spaces required for the Project. This proposed layout is most reasonable and practical considering the special conditions and circumstances discussed above. b. That special conditions and circumstances do not result from the actions of the applicant for the variance; The special conditions and circumstances do not result from the actions of the Applicant. They result from the natural and existing conditions of the Property. The shape of the Property and the existence of the adjacent eastern residential community does not result from the actions of the Applicant. Moreover, the City's LDR requirements necessitate the proposed layout. 2 c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this section to other lands,structures or buildings in the same zoning district; Granting the variance requested will not confer on the Applicant any special privilege that is denied by this section to other lands,structure or buildings in the same zoning district. Any other property is entitled to request the same variance if special conditions and circumstances exist on their property. d. That literal interpretations of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant; A literal interpretation of the provisions of LDR Chapter 3, Article III, Section 3.C.3 would deprive the Applicant of rights commonly enjoyed by other properties in the same zoning district and would inflict unnecessary and undue hardship on the Applicant. Currently,the Property is developed with a rundown, one-story office building over thirty (30) years old and is greatly in need of redevelopment. The Applicant desires to bring an international and award winning specialty grocery store to serve the diverse residents of the surrounding communities and the City. The proposed use is more consistent with the land use and zoning patterns in this area. A literal interpretation of LDR Chapter 3,Article III,Section 3.C.3 for a mere thirty(30) feet of the requested variance would deprive the community and the City of a greater benefit,deprive the Applicant of rights commonly enjoyed by other properties who are also entitled to request similar variances from the City, and inflict unnecessary and undue hardship on the viability and potential of Applicant's Property. e. That the variance granted is the minimum variance that will make possible reasonable use of the land,structure or building;and The requested variance is the minimum variance necessary to make possible reasonable use of the land, structure or building. The proposed rear (south) setback is approximately seventy percent (70%) compliant with requirements of LDR Chapter 3, Article III, Section 3.C.3. Applicant is requesting a minimum variance of only thirty (30) feet for the benefit of screening the adjacent, eastern residential community and for the benefit of bringing the Project into compliance with all other provisions required under the City's LDR, such as landscaping,buffering, circulation, and parking. f That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or be otherwise detrimental to the public welfare. Granting the variance will be in harmony with the general intent and purpose of this chapter. The purpose and intent of LDR Chapter 2,Article II,Section 4 is to provide an efficient relief process to allow for reductions in the minimum yard setbacks that would have negligible impacts upon the subject site and surrounding properties and represent compliance with 3 the general intent of the City's zoning regulations. The requested variance meets the general intent of LDR Chapter 3,Article III, Section 3.C.3 by complying with almost seventy percent (70%) of the minimum rear setback requirement. The requested variance for a mere thirty (30) feet is negligible as compared to the benefits of the subject site as a whole and surrounding properties. Furthermore, the requested variance is aligned with the City's Comprehensive Plan policies. Policy 1.17.3 states that the City shall improve approval processes and remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends. Granting the requested variance is consistent with this policy because granting a minor setback variance will allow the Project to create jobs and contribute to the City's tax base while providing a specialty product and service that is currently a popular market trend. Moreover, the requested variance will not be injurious to the area involved or be otherwise detrimental to the public welfare,but benefits the area and public welfare. The requested variance provides better screening for the adjacent eastern residential community and the public welfare enjoys a specialty product and service. 4 a"au i euvrmm+y+loa+W.ia�a u iG 6 v3wu 2.1 i rii o i < ii e z V) ..,0,„,,,„„,,,,,u .'nowt .a �`g 1 < < arc = h i Eg c�� iia° `S O dnoao on - 10 A '1.r'-. o a Vic' O [R �j to V Sb�WOHI 2 _ 00'i 4d! g g m + A ea A z a Et 0 s w g R Z i g g W Y Eil i .% 11 , R a R A R I _ . _ 1 n mg 7 2 g -a B g a G.7e i ' WW g 11112- 1 lkiliik ! E. g § l i g 11` - a - i gilii ii 1 g cn � e r I _I,: I'I'I, 1 ' i I1 I - .. li I 5 .-_' ;,._91 - t!' Li-_—=_V21211 —— —, i ii‘,11 C if *' I all—w it 88.5, 3 U0i -: E 1 RI :.��I U,IFl oo f o�1,, z r :II ass i ii a s 4 a COco LL I I-. ' 1 5 ii, ira , .-. 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CO ,i)...„.ki..0 Ai;:l'f? , • , "... -. 1 ' k 'talk 1 ' A. 414. - 4, Ala,. . .,,,,,ir:_i. 0 3060 120 180 240 Feet BOYNTON cA alosIBEACH Community Redevelopment Agency Board Meeting Tuesday, December 5, 2017 -6:30 AM City Commission Chambers 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 561-737-3256 Special CRA Meeting AGENDA 1. Call to Order 2. Roll Call 3. Agenda Approval 4. Old Business A. First Addendum to the Interlocal Agreement for the Town Square Project 5. Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.(F.S.286.0105) THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CRA. PLEASE CONTACT THE CRA, (561) 737-3256,AT LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CRA'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CRA'S WEB SITE CAN BE OBTAINED FROM THE CRA OFFICE. J REQUEST FOR AGENDA MODIFICATION FUTURE AGENDA ITEM J: Regarding Ocean Breeze East Rezoning was properly advertised for a public hearing for Tuesday, December 5, 2017 but does not appear under Section 9, Public Hearings of the agenda. Staff requests that Item 14J be moved to 9E. Please see attached. 1 CITY OF BOYNTON BEACH NOTICE OF PUBLIC HEARINGS NOTICE OF REZONING NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING on Tuesday, November 28, 2017 at 6:30 p.m., to consider a city-initiated request for a rezoning for lands within the Community Redevelopment Area on behalf of the Community Redevelopment Agency. The City Commission will also hold public hearings to consider this request on Tuesday, December 54 Ilk 2017 and Tuesday, December 19, 2017+ at 7:00 p.m. or as soon thereafter as the agenda permits. All hearings will be held at the CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard. The request is described as follows: LOCATION: East side of N. Seacrest Boulevard, south of NE 7th Avenue REQUEST: Rezone: From: MU-L2 (Mixed Use Low Intensity 2 District), max. density 30 du/acre To: MU-2 (Mixed Use 2 District), max. density 40 du/acre LEGAL DESCRIPTION: On file in the Office of Planning and Zoning (Insert map here) This request can be viewed between the hours of 8:00 a.m. and 5:00 p.m. at the City of Boynton Beach Planning and Zoning Division, 100 East Boynton Beach Boulevard. All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning and Development Board or City Commission with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact the City Clerk's office at (561) 742-6060, at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION PUBLISH: The Post November 18, 2017 November 28, 2017 S:\Planning\SHARED\WP\PROJECTS\Ocean Breeze East\Ocean Breeze East REZN 18-002\OBE Legal ad.doc ' •NovusAGENDA Page 7 of 7 tnnu ). (rIrst rceaaing approvea turn, econa rteaaing to coi'ncl'ae wiirn approval or the Master Plan) I. Approve Eden Ridge Rezoning (REZN 18-001) from R-1-AA Single-Family Residential District to R-1-A Single-Family Residential District. Applicant: Aldo Kosuch of Eden Ridge, LLC. J. Approve Ocean Breeze East Rezoning (REZN 18-002) from MU-L2 (Mixed Use—Low Intensity 2 District) to MU-2 (Mixed Use 2 District) to support the conveyance of CRA- owned land for a mixed-use development on 4.39 acres in the Heart of Boynton District. Applicant: City-initiated. K. Approve Soleil Early Learning Academy Conditional Use and Major Site Plan Modification (COUS 18-001 / MSPM 18-001) for the conversion of a one-story, 2,659 square foot counseling center office building to a day care facility and related site improvements, located at 201 SW 23rd Avenue / Golf Road in the C-1 (Office Professional) zoning district. Applicant Cristine Thibodeau. L. Approve High Ridge Country Club Major Site Plan Modification (MSPM 17-009) to construct a new one-story, 54,500 square foot clubhouse building, gatehouse, and related site improvements, located at 2400 Hypoluxo Road in the Recreation (REC) zoning district. Applicant: Donaldson Hearing, Cotleur & Hearing M. Approve Front Porch Setbacks (CDRV 17-008) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 3. Zoning, Article 5. Supplemental Regulations, Section 3.A, to increase the magnitude of encroachment of front porches into the building setbacks. N. Annual Performance review of City Manager- December 19, 2017 15. ADJOURNMENT NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING,HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND,FOR SUCH PURPOSE,HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE,WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.(F.S.286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE,PROGRAM,OR ACTIVITY CONDUCTED BY THE CITY.PLEASE CONTACT THE CITY CLERK'S OFFICE,(561)742-6060 OR(TTY)I-800-955-8771,AT LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE.INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. R,,,gesi 0 t of fO �ft • PrrAcPSC https://boyntonbeach.novusagenda.com/Agendalntranet/Meeting V iew.aspx?MeetinglD=1... 12/1/2017 BOYNTON cA alosIBEACH Community Redevelopment Agency Board Meeting Tuesday, December 5, 2017 -6:30 AM City Commission Chambers 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 561-737-3256 Special CRA Meeting AGENDA 1. Call to Order 2. Roll Call 3. Agenda Approval 4. Old Business A. First Addendum to the Interlocal Agreement for the Town Square Project 5. Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.(F.S.286.0105) THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CRA. PLEASE CONTACT THE CRA, (561) 737-3256,AT LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CRA'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CRA'S WEB SITE CAN BE OBTAINED FROM THE CRA OFFICE. • Floridians for Immigration Enforcement December 5, 2017 Dear Boynton Beach Commissioner: Please visit https://cis.org/Stop-Sanctuary-Cities as you consider becoming a 'Sanctuary City'. The information below refutes the contention that flagrant violation of federal immigration law improves police cooperation from illegal aliens. The remainder of the article dispels the other myths promoted by sanctuary advocates. You have taken an oath to obey the laws on the United States of America. Colluding with others to choose the laws you want to obey is akin to anarchy. Be a law-abiding American and change the law if you don't like it but follow it you must! Regards, David Caulkett, VP FLIMEN P.O. Box 667605 Pompano Beach, FL 33066 www.FLIMEN.org • What are the Arguments Made by Sanctuary Advocates? The arguments have several distinct but interrelated themes: • Police cooperation with immigration agents erodes trust between immigrants and authorities, and causes immigrants to refrain from reporting crimes; • We don't want to act as immigration agents; • We don't get reimbursed for incarceration costs; • Cooperation is voluntary; • Detainers must be accompanied by warrants; • States are sovereign entities that have the right to make their own decisions on immigration. In our view, when examined critically none of these arguments holds water, except for the one having to do with warrants, and that argument holds only to a certain degree, which we will discuss further below. Police cooperation compromises community trust and safety. One of the most common reasons offered for non-cooperation policies is that they are needed so that immigrants will have no fear of being turned over for deportation when they report crimes. This frequently-heard claim has never been substantiated, and in fact has been refuted by a number of reputable studies. Not a shred of evidence of a "chilling effect" on immigrant crime reporting when local police cooperate with ICE exists in federal or local government or police data or independent academic research. It is important to remember that crime reporting can be a problem in any place, and is not confined to any one segment of the population. In fact, most crimes are not reported, regardless of the victim's immigration status or ethnicity. According to the Bureau of Justice Statistics (BJS), in 2015, only 47 percent of violent victimizations, 55 percent of serious violent victimizations, were reported to police. In 2015, the percentage of property victimizations reported to police was just 35 percent. These rates have been unaffected, either by changes in the level of interaction between local and federal enforcement from 2009-2012 (which coincides with the implementation of the Secure Communities biometric matching program) or by the spread of sanctuary policies since 2014. Data from BJS show no meaningful differences among ethnic groups in crime reporting. Overall, Hispanics are slightly more likely to report crimes than other groups. Hispanic females, especially, are slightly more likely than white females and more likely than Hispanic and non-Hispanic males to report violent crimes."This is consistent with academic surveys finding Hispanic females to be more trusting of police than other groups. • A multitude of other studies refute the notion that local-federal cooperation in immigration enforcement causes immigrants to refrain from reporting crimes: • A major study completed in 2009 by researchers from the University of Virginia and the Police Executive Research Forum (PERF) found no decline in crime reporting by Hispanics after the implementation of a local police program to screen offenders for immigration status and to refer illegal aliens to ICE for removal. This examination of Prince William County, Virginia's 287(g) program is the most comprehensive study to refute the "chilling effect" theory. The study also found that the county's tough immigration policies likely resulted in a decline in certain violent crimes. • The most reputable academic survey of immigrants and crime reporting found that by far the most commonly mentioned reason for not reporting a crime was a language barrier (47 percent), followed by cultural differences (22 percent), and a lack of understanding of the U.S. criminal justice system (15 percent)—not fear of being turned over to immigration authorities. •, The academic literature reveals varying attitudes and degrees of trust toward police within and among immigrant communities. Some studies have found that Central Americans may be less trusting than other groups, while others maintain that the most important factor is socio-economic status and feelings of empowerment within a community, rather than the presence or level of immigration enforcement.ie • A 2009 study of calls for service in Collier County, Fla., found that the implementation of the 287(g) partnership program with ICE enabling local sheriff's deputies to enforce immigration laws, resulting in significantly more removals of criminal aliens, did not affect patterns of crime reporting in immigrant communities.'S • Data from the Boston, Mass., Police Department, one of two initial pilot sites for ICE's Secure Communities program, show that in the years after the implementation of this program, which ethnic and civil liberties advocates alleged would suppress crime reporting, showed that calls for service decreased proportionately with crime rates. The precincts with larger immigrant populations had less of a decline in reporting than precincts with fewer immigrants.2° • Similarly, several years of data from the Los Angeles Police Department covering the time period of the implementation of Secure Communities and other ICE initiatives that increased arrests of aliens show that the precincts with the highest percentage foreign-born populations do not have lower crime reporting rates than precincts that are majority black, or that have a smaller foreign-born population, or that have an immigrant population that is more white than Hispanic. The crime reporting rate in Los Angeles is most affected by the amount of crime, not by race, ethnicity, or size of the foreign-born population!' • Recent studies based on polling of immigrants about whether they might or might not report crimes in the future based on hypothetical local policies for police interaction with ICE, such as one recent study entitled"Insecure Communities", by Nik Theodore of the University of Illinois, Chicago, should be considered with great caution, since they measure emotions and predict possible behavior, rather than record and analyze actual behavior of immigrants.22 Moreover, the Theodore study is particularly flawed because it did not compare crime reporting rates of Latinos with other ethnic groups. For these reasons, law enforcement agencies across the country have found that the most effective ways to encourage crime reporting by immigrants and all residents are to engage in tried and true initiatives such as community outreach, hiring personnel who speak the languages of the community, establishing anonymous tip lines, and setting up community sub-stations with non-uniform personnel to take inquiries and reports– not by suspending cooperation with federal immigration enforcement efforts. Proposals to increase ICE-local cooperation, such as the Davis-Oliver Act, which was passed by the House Judiciary Committee in 2015, enjoy strong support among law enforcement leaders across the country. These leaders—sheriffs, police, and state agency commanders— routinely and repeatedly express concern over crime problems associated with illegal immigration and routinely and repeatedly express their willingness to assist ICE, and that it is their duty to assist ICE.23 The National Sheriffs Association and numerous individual sheriffs and police chiefs have endorsed the Davis-Oliver Act. Instead of pushing sanctuary policies, advocates for immigrants in the community should be stressing that victims and witnesses are never targets for immigration enforcement (unless they, too, are criminals). If immigrant advocates would help disseminate this message, instead of spreading the myth that immigrants have something to fear from interaction with local police, then everyone in the community would be safer. It is important to remember that much of the crime inflicted on aliens comes from other aliens—for instance, coyotes, drug dealers, gangbangers and other career criminals—who prey on their own communities. When this is the case, alien victims and witnesses, significantly including aliens illegally in the United States, have every reason to want them plucked out of their midst by local law enforcement and removed by ICE. What is more, aliens tend to be very familiar with the workings of immigration law, much more so than the average citizen, because it is in their interest to do so. As such, while they may not be able to cite specific visa categories, they are quite likely to know that immigration law and policy actually contain provisions to protect victims and witnesses from removal actions so that they can provide key information to police and prosecutors. If police officers want to be able to help immigrants who are victimized to take advantage of these programs, they need to have a good working relationship with ICE – and they also need to be allowed to inquire about immigration status so that they can offer this protection. Lastly, we should point out that while state and local governments can't point to any credible studies to support • their argument that cooperation with ICE diminishes trust levels in ethnic and alien communities, there is plenty of empirical, and powerful anecdotal, evidence which shows the damage done to communities when alien offenders are inappropriately released back to the street, whether by state and local police or by ICE, rather than being detained and removed from the United States for their offenses.24 There have been so many victims of criminal behavior by illegal aliens that surviving family members of those killed have banded together to draw attention to their plight, and to the danger posed by sanctuary policies.25 The families of these victims have been steadfastly ignored by law enforcement organizations and governments engaged in sanctuary policies, and they were ignored by the Democratic party during the presidential campaign. (Even before that, one Democratic representative went so far as to refer to the murder of a young woman by a multiply deported illegal alien felon as"a little thing".28) But the families of the victims were not ignored by presidential candidate Trump; he embraced them publicly, and they appeared frequently with him on the campaign trail as he promised to address the problem of sanctuaries if elected. PETITION OF PALM BEACH COUNTY CITIZENS AGAINST SANCTUARY CITIES/COUNTY TO: U.S. Senator Marco Rubio, U.S. Senator Bill Nelson, U.S. Congressman Brian Mast, U.S. Congresswoman Lois Frankel, Governor Rick Scott, Secretary of State Ken Detzner, Attorney General Pam Bondi, President of Florida Senate Joe Negron, Speaker of the Florida House of Representatives Richard Corcoran, Palm. Beach County Commissioners,Palm Beach County Sheriff Ric Bradshaw: WHEREAS, Federal Law preempts State law and exercises sole jurisdiction in the enacting and enforcement of laws governing legal immigration into the United States; and WHEREAS, enforcement of immigration laws is within the purview and jurisdiction of Federal Agencies, including U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and/or Border Control, and not subject to the whim or choice of city and county elected officials to cooperate with Federal enforcement agencies;and WHEREAS, the harboring of illegal immigrants and violent immigrant offenders by "Sanctuary" cities and counties makes our communities less safe and secure for our families, emboldens criminals, gangs and violence, facts supported by FBI crime statistics; WHEREAS, President Donald Trump has made ending illegal immigration a priority of his Administration;and WHEREAS, U.S. Attorney General Jeff Sessions has initiated sanctions against Sanctuary cities and counties, including the threat to withhold Federal funds(taxpayer money); and WHEREAS, Palm Beach County and several cities within Palm Beach County, have designated our communities as a Sanctuary county and Sanctuary cities, either by Resolutions of elected officials and not by citizen referendum, or by de facto practice and refusal to comply with Federal immigration laws, in violation of the law, thereby jeopardizing city and county Federal taxpayer funds to our communities; WHEREAS, the actions of self-righteous elected officials are tantamount to breaking the law and encouraging and contributing to lawlessness and anarchy in our communities, and their unlawful actions make them unfit to hold office, or represent or tax the citizens of Palm Beach County, NOW THEREFORE, WE THE CITIZENS of Palm Beach County respectfully demand that our elected county officials: 1. Comply with their Oaths of Office to uphold the U"'ted States Constitution, the Constitution of the State of Florida and the Laws of the Unite, States and State of Florida; 1 PETITION OF PALM BEACH COUNTY CITIZENS AGAINST SANCTUARY CITIES/COUNTY (cont'd) 2. Comply with Federal Immigration Laws as set forth in the United States Constitution. and the Statutes of the United States: 3. Comply with Federal law enforcement agencies. including U.S. Immigration and Customs Enforcement (ICE). U.S. Customs and/or Border Control, including but not limited to the detention and transfer to Federal authorities. of illegal immigrants who have committed crimes or violated State and Federal laws: 4. Cease and desist all policies, regulations, practices. designations. publication and identification as a"Sanctuary"or"Welcoming"City or County: 5. Cease and desist placing individual elected officials' personal ideology above the law and their constitutional duties as elected officials in respect of illegal immigration policy. and if any shall refuse to comply. resign his or her position immediately: and 6. Be held personally liable for criminal and civil penalties. to the full extent of the law. including but not limited to prison sentences and judgments for civil damages by victims of crimes and personal injury committed or caused by illegal immigrants harbored by self- identified Sanctuary Cities or Palm Beach County. THIS PETITION IS EXECUTED this day of 1, . 2017 by the undersigned citizen and taxpayer of Palm Beach County: *3- (Signature) 1(1 c/)PrA 1,4-HfC, (Print Name) (Print street address) EL ,+r- —LAS a .3 - (Print city and zip code) (Email address-optional) PETITION OF PALM BEACH COUNTY CITIZENS AGAINST SANCTUARY CITIES/COUNTY (cont'd) 2. Comply with Federal Immigration Laws as set forth in the United States Constitution. and the Statutes of the United States: 3. Comply with Federal law enforcement agencies, including U.S. Immigration and Customs Enforcement (ICE). U.S. Customs and/or Border Control. including but not limited to the detention and transfer to Federal authorities. of illegal immigrants who have committed crimes or violated State and Federal laws: 4. Cease and desist all policies, regulations, practices. designations. publication and identification as a"Sanctuary"or"Welcoming"City or County: 5. Cease and desist placing individual elected officials' personal ideology above the law and their constitutional duties as elected officials in respect of illegal immigration policy. and if any shall refuse to comply. resign his or her position immediately: and 6. Be held personally liable for criminal and civil penalties, to the full extent of the law, including but not limited to prison sentences and judgments for civil damages by victims of crimes and personal injury committed or caused by illegal immigrants harbored by self- identified Sanctuary Cities or Palm Beach County. THIS PETITION IS EXECUTED this 1-1-4, day of 4 r;L . 2017 by the undersigned citizen and taxpayer of Palm Beach County: Q*9--teik.J (Signaturel) Joan PP y v- ct (Print Name) (. 1' 4C17 (Print street address) GCa �n �c U 41 (Print city and zip code) (Email address- optional) I PETITION OF PALM BEACH COUNTY CITIZENS AGAINST SANCTUARY CITIES/COUNTY (cont'd) 2. Comply with Federal Immigration Laws as set forth in the United States Constitution. and the Statutes of the United States: 3. Comply with Federal law enforcement agencies. including U.S. Immigration and Customs Enforcement (ICE). U.S. Customs and/or Border Control. including but not limited to the detention and transfer to Federal authorities, of illegal immigrants who have committed crimes or violated State and Federal laws: 4. Cease and desist all policies, regulations. practices, designations, publication and identification as a"Sanctuary"or"Welcoming" City or County: 5. Cease and desist placing individual elected officials' personal ideology above the law and their constitutional duties as elected officials in respect of illegal immigration policy, and if any shall refuse to comply. resign his or her position immediately: and 6. Be held personally liable for criminal and civil penalties, to the full extent of the law, including but not limited to prison sentences and judgments for civil damages by victims of crimes and personal injury committed or caused by illegal immigrants harbored by self- identified Sanctuary Cities or Palm Beach County. THIS PETITION IS EXECUTED this day of . 2017 by the undersigned citizen and taxpayer of Palm Beach County: (Signatu (Print Name) 0— f(--) ( 3 ».-• (Print stre dress) - �Z� Fe---C am- - � (Print city and zip code) (Email address-optional) I PETITION OF PALM BEACH COUNTY CITIZENS AGAINST SANCTUARY CITIES/COUNTY (cont'd) 2. Comply with Federal Immigration Laws as set forth in the United States Constitution. and the Statutes of the United States: 3. Comply with Federal law enforcement agencies, including U.S. Immigration and Customs Enforcement (ICE). U.S. Customs and/or Border Control, including but not limited to the detention and transfer to Federal authorities. of illegal immigrants who have committed crimes or violated State and Federal laws: 4. Cease and desist all policies. regulations. practices, designations, publication and identification as a"Sanctuary" or"Welcoming" City or County: 5. Cease and desist placing individual elected officials' personal ideology above the law and their constitutional duties as elected officials in respect of illegal immigration policy. and if any shall refuse to comply, resign his or her position immediately: and 6. Be held personally liable for criminal and civil penalties. to the full extent of the law. including but not limited to prison sentences and judgments for civil damages by victims of crimes and personal injury committed or caused by illegal immigrants harbored by self- identified Sanctuary Cities or Palm Beach County. THIS PETITION IS EXECUTED this day of . 2017 by the undersigned citizen and taxpayer of Palm Beach County: n A (Signature) (Print Name) t. c- 6, (Print street address) (Print c city and�zi�code)� Qv c�� \ �� \A 31 p v k) -)ick \s—k-.0.\\ d ��n (Email addre - optional) PETITION OF PALM BEACH COUNTY CITIZENS AGAINST SANCTUARY CITIES/COUNTY (cont'd) 2. Comply with Federal Immigration Laws as set forth in the United States Constitution. and the Statutes of the United States: 3. Comply with Federal law enforcement agencies, including U.S. Immigration and Customs Enforcement (ICE). U.S. Customs and/or Border Control. including but not limited to the detention and transfer to Federal authorities. of illegal immigrants who have committed crimes or violated State and Federal laws: 4. Cease and desist all policies, regulations. practices. designations, publication and identification as a"Sanctuary or"Welcoming"City or County: 5. Cease and desist placing individual elected officials' personal ideology above the law and their constitutional duties as elected officials in respect of illegal immigration policy. and if any shall refuse to comply. resign his or her position immediately: and 6. Be held personally liable for criminal and civil penalties, to the full extent of the law, including but not limited to prison sentences and judgments for civil damages by victims of crimes and personal injury committed or caused by illegal immigrants harbored by self- identified Sanctuary Cities or Palm Beach County. THIS PETITION IS EXECUTED this 4 day of t• 2017 undersigned ci ' -n and taxpayer of Palm Beach County: by the / 1 . (Signat ) (Print Name) c SA wV4 �--� (Print street address) &4e,g(_ L 3'7-344 s (Print city and zip ode) vJG2 dcsa i9o/ G bYl q I COY/ (Email address-optional) ` � — J PETITION OF PALM BEACH COUNTY CITIZENS AGAINST SANCTUARY CITIES/COUNTY (cont'd) 2. Comply with Federal Immigration Laws as set forth in the United States Constitution. and the Statutes of the United States: 3. Comply with Federal law enforcement agencies, including U.S. Immigration and Customs Enforcement (ICE). U.S. Customs and/or Border Control, including but not limited to the detention and transfer to Federal authorities. of illegal immigrants who have committed crimes or violated State and Federal laws: 4. Cease and desist all policies, regulations. practices. designations, publication and identification as a"Sanctuary"or"Welcoming-City or County: 5. Cease and desist placing individual elected officials' personal ideology above the law and their constitutional duties as elected officials in respect of illegal immigration policy, and if any shall refuse to comply. resign his or her position immediately: and 6. Be held personally . pe onall liable for criminal anal and civil penalties, to the full extent of the law, including but not limited to prison sentences and judgments for civil damages by victims of crimes and personal injury committed or caused by illegal immigrants harbored by self- identified Sanctuary Cities or Palm Beach County. THIS PETITION IS EXECUTED this day of Lt . 2017 by the undersigned citizen and taxpayer of Palm Beach County: (Signature))PitrV `rem \ ) 3(t irst.v\ (Print Name) f � I 7 t.4 \,)t.t,'u L , (Print street address)( '<<t (L (Print city"at)d zip code) Lc 'w ail t cio 'Y\ (Email adddess-optional) 7 PETITION OF PALM BEACH COUNTY CITIZENS t GAINST SANCTUARY CITIES/COUNTY (cont'd) 2. Comply with Federal Immigration Laws as set forth in the United States Constitution, and the Statutes of the United States; 3. Comply with Federal law enforcement agencies, including U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and/or Border Control, including but not limited to the detention and transfer to Federal authorities, of illegal immigrants who have committed crimes or violated State and Federal laws; 4. Cease and desist all policies, regulations, practices, designations, publication and identification as a"Sanctuary"or"Welcoming" City or County; 5. Cease and desist placing individual elected officials' personal ideology above the law and their constitutional duties as elected officials in respect of illegal immigration policy, and if any shall refuse to comply,resign his or her position immediately;and 6. Be held personally liable for criminal and civil penalties, to the full extent of the law, including but not limited to prison sentences and judgments for civil damages by victims of crimes and personal injury committed or caused by illegal immigrants harbored by self- identified Sanctuary Cities or Palm Beach County. THIS PETITION IS EXECUTED this o� day of P IV--y , 2017 by the undersigned citizen and taxpayer of Palm Beach County: (Signature) • Lc4�( ,tom C ( � c (Print Name) 'L_-4� \� h �E' (Print street address) (Print city and zip code) l, cC� r r.S , Cn/� (Email address-optional) • 2 PETITION OF PALM BEACH COUNTY CITIZENS AGAINST SANCTUARY CITIES/COUNTY (cont'd) 2. Comply with Federal Immigration Laws as set forth in the United States Constitution, and the Statutes of the United States: 3. Comply with Federal law enforcement agencies, including U.S. Immigration and Customs Enforcement (ICE). U.S. Customs and/or Border Control. including but not limited to the detention and transfer to Federal authorities. of illegal immigrants who have committed crimes or violated State and Federal laws: 4. Cease and desist all policies. regulations. practices, designations, publication and identification as a"Sanctuary"or"Welcoming- City or County: 5. Cease and desist placing individual elected officials' personal ideology above the law and their constitutional duties as elected officials in respect of illegal immigration policy. and if any shall refuse to comply, resign his or her position immediately: and 6. Be held personally liable for criminal and civil penalties, to the full extent of the law, including but not limited to prison sentences and judgments for civil damages by victims of crimes and personal injury committed or caused by illegal immigrants harbored by self- identified Sanctuary Cities or Palm Beach County. THIS PETITION IS EXECUTED this day of Lt . 2017 by the undersigned citizen and taxpayer of Palm Beach County: (Signature) 4 77rCG4r7r..- lirr 9-or - (Print Name) cLe (Print street address) G)el �`�d� Z 3� 5e/f (Print city at4d-#ap code) (Email address-optional) I PETITION OF PALM BEACH COUNTY CITIZENS tGAINST SANCTUARY CITIES/COUNTY (cont'd) 2. Comply with Federal Immigration Laws as set forth in the United States Constitution, and the Statutes of the United States; 3. Comply with Federal law enforcement agencies, including U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and/or Border Control, including but not limited to the detention and transfer to Federal authorities, of illegal immigrants who have committed crimes or violated State and Federal laws; 4. Cease and desist all policies, regulations, practices, designations, publication and identification as a"Sanctuary"or"Welcoming" City or County; 5. Cease and desist placing individual elected officials' personal ideology above the law and their constitutional duties as elected officials in respect of illegal immigration policy, and if any shall refuse to comply,resign his or her position immediately; and 6. Be held personally liable for criminal and civil penalties, to the full extent of the law, including but not limited to prison sentences and judgments for civil damages by victims of crimes and personal injury committed or caused by illegal immigrants harbored by self- identified Sanctuary Cities or Palm Beach County. THIS PETITION IS EXECUTED this / day ofg(7 , 2017 by the undersigned citizen and taxpayer of Palm Beach County: &. /// a (Signature) (Print Name) (Print street address) (Print cityand zip code) (Email -ss-optional) N 2 PETITION OF PALM BEACH COUNTY CITIZENS kGAINST SANCTUARY CITIES/COUNTY (cont'dl 2. Comply with Federal Immigration Laws as set forth in the United States Constitution, and the Statutes of the United States; 3. Comply with Federal law enforcement agencies, including U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and/or Border Control, including but not limited to the detention and transfer to Federal authorities. of illegal immigrants who have committed crimes or violated State and Federal laws; 4. Cease and desist all policies, regulations, practices, designations, publication and identification as a"Sanctuary"or"Welcoming"City or County; 5. Cease and desist placing individual elected officials' personal ideology above the law and their constitutional duties as elected officials in respect of illegal immigration policy, and if any shall refuse to comply,resign his or her position immediately;and 6. Be held personally liable for criminal and civil penalties, to the full extent of the law, including but not limited to prison sentences and judgments for civil damages by victims of crimes and personal injury committed or caused by illegal immigrants harbored by self- identified Sanctuary Cities or Palm Beach County. THIS PETITION IS EXECUTED this A'%r day of , 2017 by the undersigned citizen and taxpayer of Palm Beach County: --Xfa/V4A-0-4-t (Signature) C'.'fh..r //7 J Wei P ile/ (Print Name) (6'6's o 4104../vm /U244.:&(<) (Print street address) Aejyy, /& 1( , ' 3'35//g (Print city and zip code) (Email address-optional) PETITION OF PALM BEACH COUNTY CITIZENS 41OAINST SANCTUARY CITIES/COUNTY (cont'd) 2. Comply with Federal Immigration Laws as set forth in the United States Constitution, and the Statutes of the United States; 3. Comply with Federal law enforcement agencies, including U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and/or Border Control, including but not limited to the detention and transfer to Federal authorities, of illegal immigrants who have committed crimes or violated State and Federal laws; 4. Cease and desist all policies, regulations, practices, designations, publication and identification as a"Sanctuary"or"Welcoming" City or County; 5. Cease and desist placing individual elected officials' personal ideology above the law and their constitutional duties as elected officials in respect of illegal immigration policy, and if any shall refuse to comply,resign his or her position immediately;and 6. Be held personally liable for criminal and civil penalties, to the full extent of the law, including but not limited to prison sentences and judgments for civil damages by victims of crimes and personal injury committed or caused by illegal immigrants harbored by self- identified Sanctuary Cities or Palm Beach County. THIS PETITION IS EXECUTED this / day of 7,747 7 , 2017 by the undersigned citizen and taxpayer of Palm Beach County: / imvo./ (Signature) %/if ,& ` (Print Name) l5a(Z7 q S (Print street address) 44 £4 . 01� t /� 33211 / (Print city and zip code) (Email address-optional) 2 PETITION OF PALM BEACH COUNTY CITIZENS AAGA NST SANCTUARY CITIES/COUNTY (cont'd) 2. Comply with Federal Immigration Laws as set forth in the United States Constitution, and the Statutes of the United States; 3. Comply with Federal law enforcement agencies, including U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and/or Border Control, including but not limited to the detention and transfer to Federal authorities, of illegal immigrants who have committed crimes or violated State and Federal laws; 4. Cease and desist all policies, regulations, practices, designations, publication and identification as a"Sanctuary" or"Welcoming" City or County; 5. Cease and desist placing individual elected officials' personal ideology above the law and their constitutional duties as elected officials in respect of illegal immigration policy, and if any shall refuse to comply, resign his or her position immediately;and 6. Be held personally liable for criminal and civil penalties, to the full extent of the law, including but not limited to prison sentences and judgments for civil damages by victims of crimes and personal injury committed or caused by illegal immigrants harbored by self- identified Sanctuary Cities or Palm Beach County. THIS PETITION IS EXECUTED this / day of , 2017 by the undersigned citizen and taxpayer of Palm Beach County: �J reu,,c-/ = (12 .- (Signature) �"• e'/i20 ��l / - J 7c ctL (Print Name) C � � -f� � rl 3c/ (Print street address) Tr, P-f, 33 ‘"/ (aY- (Print city and zip code) (Email address-optional) 2 PETITION OF PALM BEACH COUNTY CITIZENS AGAINST SANCTUARY C ITIES/COUNZ'y (cont'd) 2. Comply with Federal Immigration Laws as set forth in the United and the Statutesof the United States; Constitution, 3. Comply with Federal law enforcement cement agencies, including U.S. Immigration Customs tation andCustoms Enforcement (ICE), U.S. and/order� including but notlimited to the detention and transfer to Federal authorities, immigrants wh committed crimes or violated State and Federal laws; O have 4. Cease and desist all policies, recons' practices, designations, Sanctuary"or"Welcoming"City or County; publication and identification as a" 5. Cease and desist placing individual elected officials' and their constitutional duties as elected officials in personalect ofillegal ideology above the policy, and if any shall refuse to comply,resign his or her positionimmediately;immigration gration policy, 6. Be held personally liable for criminal and including but not limited civil penalties, to the full extent of the law crimes andto prison sentences and judgments for civildamages b ' personal injury committed or caused byY victims of identified Sanctuary Cities or Palm Beach County. imnnigtantshar O1'ed by self THIS PETITION IS EXECUTED this /'t day of Ma undersigned citizen and taxpayer of Palm Beach County: 2017 by the (Signature) (Printtaxpaystreet e14 71 7\ FL 3?4--i (Print city zip code) (Email address.-optional) 2 ��.1.� l- .J U N t Y CITIZENS 'AGAINST SANCTUARY CITIES/COUNTY (cont'd) 2. Comply with Federal Immigration Laws as set forth in the United States Constituti and the Statutes of the United States; 3. Comply with Federal law enforcement agencies, including Customs Enforcement (ICE), U.S. Customs U.S.l, including but a limited to the detention and and/or Border Control, including � transfer to Federal authorities, of illegal immigrants who ha coed crimes or violated State and Federal laws; 4. Cease and desist all policies, regulations, practices, designations, publication a identification as a "Sanctuary"or"Welcoming"City or County; 5. Cease and desist placing individual elected officials' and their constitutional duties as elected officials inpersonal ideology above the la and if any shall refuse to comply,resign his or herrespect of illegalimmediately;and immigration polic position and 6. Be held personally liable for criminal and civil including but not limited to penalties, to the full extent of the lay crimes and personal inprison sentences and judgments for civil damages by victims j identified Sanctuary jury committed or caused by illegal immigrants harbored by set Cities or Palm Beach County_ THIS PETITION IS EXECUTED this undersigned citizen and taxpayer of Palm Beach County: of 2017 by th �Y= (Signature) 'a. C),-; -3 - (Print Name) (Print street address) (Print city and zip code) .&,t 1- 1J (Email address-optional) ��-- 2 PETITION OF PALM BEACH COUNTY CITIZENS AGAINST SANCTUARY CITIES/COUNTY (cont'd) 2. Comply with Federal Immigration Laws as set forth in the United States Constitution, and the Statutes of the United States; 3. Comply with Federal law enforcement agencies, including U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and/or Border Control, including but not limited to the detention and transfer to Federal authorities, of illegal immigrants who have committed crimes or violated State and Federal laws; 4. Cease and desist all policies, regulations, practices, designations, publication and identification as a"Sanctuary"or"Welcoming" City or County; 5. Cease and desist placing individual elected officials' personal ideology above the law and their constitutional duties as elected officials in respect of illegal immigration policy, and if any shall refusetn comply, resign his or her position immediately; and 6. Be held personally liable for criminal and civil penalties, to the full extent of the law, including but not limited to prison sentences and judgments for civil damages by victims of crimes and personal injury committed or caused by illegal immigrants harbored by self- identified Sanctuary Cities or Palm Beach County. THIS PETITION IS EXECUTED this 3/ day of �Qj� / , 2017 by the undersigned citizen and taxpayer of Palm Beach County: ✓ kidd(///24a% ( ignature) 4-0k 7: 1710Q57- (Print Name) aqz (Print street address) /UPIIM AWN 3 (Print city and zip code) (Email address-optional) 2 PETITION OF PALM BEACH COUNTY CITIZENS AGAINST SANCTUARY CITIES/COUNTY (cont'd) 2. Comply with Federal Immigration Laws as set forth in the United States Constitution, and the Statutes of the United States; 3. Comply with Federal law enforcement agencies, including U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and/or Border Control, including but not limited to the detention and transfer to Federal authorities, of illegal immigrants who have committed crimes or violated State and Federal laws; 4. Cease and desist all policies, regulations, practices, designations, publication and identification as a"Sanctuary"or"Welcoming" City or County; 5. Cease and desist placing individual elected officials' personal ideology above the law and their constitutional duties as elected officials in respect of illegal immigration policy, and if any shall refuse to comply,resign his or her position immediately; and 6. Be held personally liable for criminal and civil penalties, to the full extent of the law, including but not limited to prison sentences and judgments for civil damages by victims of crimes and personal injury committed or caused by illegal immigrants harbored by self- identified Sanctuary Cities or Palm Beach County. THIS PETITION IS EXECUTED this 3day of jffL i 1 , 2017 by the undersigned citizen and taxpayer of Palm Beach County: 4#0,)10s� (Signature) (Print Name) 9'i 93 r; (Print street address) bJ6LLINGTON 339 f/ (Print city and zip code) ACy/ ePe v v c _AfraL'cC j (Email address -optional) 2 PETITION OF PALM BEACH COUNTY CITIZENS AGAINST SANCTUARY CITIES/COUNTY (cont'd) 2. Comply with Federal Immigration Laws as set forth in the United States Constitution, and the Statutes of the United States; 3. Comply with Federal law enforcement agencies, including U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and/or Border Control, including but not limited to the detention and transfer to Federal authorities, of illegal immigrants who have committed crimes or violated State and Federal laws; 4. Cease and desist all policies, regulations, practices, designations, publication and identification as a"Sanctuary"or"Welcoming" City or County; 5. Cease and desist placing individual elected officials' personal ideology above the law and their constitutional duties as elected officials in respect of illegal immigration policy, and if any shall refuse to comply,resign his or her position immediately; and 6. Be held personally liable for criminal and civil penalties, to the full extent of the law, including but not limited to prison sentences and judgments for civil damages by victims of crimes and personal injury committed or caused by illegal immigrants harbored by self- identified Sanctuary Cities or Palm Beach County. THIS PETITION IS EXECUTED this day of , 2017 by the undersigned citizen and taxpayer of Palm Beach County: 24L (Signature) 62 Q (Print Name) ce3e5-7,-'� /2r 'P 1 d 07 re L.5� (Print street address) (Print city and zip code) (Email address-optional) 2 PETITION OF PALM BEACH COUNTY CITIEDIS AGAINST SANCTUARY CITIES/COUNTY (cont'd) 2. Comply with Federal Immigration Laws as set forth in the United Slates Constitution, and the Statutes of the United States; 3. Comply with Federal law enforcement agencies, including U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and/or Border Control, including but not limited to the detention and transfer to Fedearal authorities,of illegal immigrants who have committed crimes or violated State and Federal laws; 4. Cease and desist all policies, regulations, practices, designations, publication and identification as a"Sanctuary"or"Welcoming"City or County; 5. Cease and desist placing individual elected officials' personal ideology above the lags and their constitutional duties as elected officials in respect of illegal immigration policy, and if any shall refuse to comply,resign his or her position immediately;and 6. Be held personally liable for criminal and civil penalties, to the full extent of the law, including but not limited to prison sentences and judgments for civil damages by views-Of crimes and personal injury committed m fitted or caused by illegal immigrants harbored by self- identified Sanctuary Cities or Palm Beach County. THIS PETITION IS EXECUTED - this day of , 2017 by the undersigned citizen and taxpayer of Palm Beach County: ' --j3-71-4 (._ °664.9t1 - (Signature) -Lou.4,0 a, CvOka w (Print Name) (6& ( 't Tge P&L 4- (Print street address) tuttk c 4/Iv ,,.dc r FL_ 3 3 u . (Print city and zip code) (Email addre - ) - 2 PETITION OF PALM BEACH COUNTY CITIZENS kGAINST SANCTUARY CITIES/COUNTY (cont'd) 2. Comply with Federal Immigration Laws as set forth in the United States Constitution, and the Statutes of the United States; 3. Comply with Federal law enforcement agencies, including U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and/or Border Control, incbiding but not limited to the detention and transfer to Federal authorities, of illegal immigrants who have committed crimes or violated State and Federal laws; 4. Cease and desist all policies, regulations, practices, designations, publication and identification as a"Sanctuary"or"Welcoming" City or County; 5. Cease and desist placing individual elected officials' personal ideology above the law and their constitutional duties as elected officials in respect of illegal immigration policy, and if any shall refuse to comply,resign his or her position immediately;and 6. Be held personally liable for criminal and civil penalties, to the full extent of the law, including but not limited to prison sentences and judgments for civil damages by victims of crimes and personal injury committed or caused by illegal immigrants harbored by self- identified Sanctuary Cities or Palm Beach County. THIS PETITION IS EXECUTED this day of r I , 2017 by the undersigned citizen and taxpayer of Palm Beach County: L OL,.s (Si tore) (4thw Otrvi-er- (Print Name) C (Le 13e Pet, G �� (Print street address) I e y ►��- 3� l/v (Print city and zip code) (Email address-optional) • 2 PETITION OF PALM BEACH COUNTY CITIZENS kGAINST SANCTUARY CITIES/COUNTY (cont'd) 2. Comply with Federal Immigration Laws as set forth in the United States Constitution, and the Statutes of the United States; 3. Comply with Federal law enforcement agencies, including U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and/or Border Control, including but not limited to the detention and transfer to Federal authorities, of illegal immigrants who have committed crimes or violated State and Federal laws; 4. Cease and desist all policies, regulations, practices, designations, publication and identification as a"Sanctuary"or"Welcoming"City or County; 5. Cease and desist placing individual elected officials' personal ideology above the law and their constitutional duties as elected officials in respect of illegal immigration policy, and if any shall refuse to comply, resign his or her position immediately;and 6. Be held personally liable for criminal and civil penalties, to the full extent of the law, including but not limited to prison sentences and judgments for civil damages by victims of crimes and personal injury committed or caused by illegal immigrants harbored by self- identified Sanctuary Cities or Palm Beach County. THIS PETITION IS EXECUTED this g day of h( .�. , 2017 by the undersigned citizen and taxpayer of Palm Beach County: VV 1VY (Signature)04tihda 1 /U D /-1 E' GO (Print Name) ¶0 6 3 R 4e ILA/D/2 (Print street address) lk Ili t ER11 13(4` , -D3 (Print (Print city and zip code) (Email address-optional) • 2 PETITION OF PALM BEACH COUNTY CITIZENS 4GAINST SANCTUARY CITIES/COUNTY (cont'd) 2. Comply with Federal Immigration Laws as set forth in the United States Constitution, and the Statutes of the United States; 3. Comply with Federal law enforcement agencies, including U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and/or Border Control, including but not limited to the detention and transfer to Federal authorities. of illegal immigrants who have committed crimes or violated State and Federal laws; 4. Cease and desist all policies, regulations, practices, designations, publication and identification as a"Sanctuary"or"Welcoming" City or County; 5. Cease and desist placing individual elected officials' personal ideology above the law and their constitutional duties as elected officials in respect of illegal immigration policy, and if any shall refuse to comply,resign his or her position immediately; and 6. Be held personally liable for criminal and civil penalties, to the full extent of the law, including but not limited to prison sentences and judgments for civil damages by victims of crimes and personal injury committed or caused by illegal immigrants harbored by self- identified Sanctuary Cities or Palm Beach County. THIS PETITION IS EXECUTED this day of , 2017 by the undersigned citizen and taxpayer of Palm Beach County: (Signature) (Print Name) S-014, V+ r� 11-41n-C) of (Print street address) (Print tand�i R ACk city P code) J (Email address-optional) • 2 PETITION OF PALM BEACH COUNTY CITIZENS AGAINST SANCTUARY CITIES/COUNTY (cont'd) 2. Comply with Federal Immigration Laws as set forth in the United States Constitution, and the Statutes of the United States; 3. Comply with Federal law enforcement agencies, including U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and/or Border Control, including but not limited to the detention and transfer to Federal authorities, of illegal immigrants who have committed crimes or violated State and Federal laws; 4. Cease and desist all policies, regulations, practices, designations, publication and identification as a"Sanctuary"or"Welcoming" City or County; 5. Cease and desist placing individual elected officials' personal ideology above the law and their constitutional duties as elected officials in respect of illegal immigration policy, and if any shall refuse to comply, resign his or her position immediately; and 6. Be held personally liable for criminal and civil penalties, to the full extent of the law, including but not limited to prison sentences and judgments for civil damages by victims of crimes and personal injury committed or caused by illegal immigrants harbored by self- identified Sanctuary Cities or Palm Beach County. THIS PETITION IS EXECUTED this T day of . , 2017 by the undersigned citizen and taxpayer of Palm Beach County: 011- k Ce (!a re)- O N 1 Su. sls (Print Name) `---\ 13 epN,A, LN (Print street address) (Print city and zip code) L-0 kfC Q-Ci-' i - p C Okq (Email address-optional) 2 PETITION OF PALM BEACH COUNTY CITIZENS AGAINST SANCTUARY CITIES/COUNTY (cont'd) 2. Comply with Federal Immigration Laws as set forth in the United States Constitution, and the Statutes of the United States; 3. Comply with Fedetal law enforcement agencies, including U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and/or Border Control, including but not limited to the detention and transfer to Federal authorities, of illegal immigrants who have committed crimes or violated State and Federal laws; 4. Cease and desist all policies, regulations, practices, designations, publication and identification as a"Sanctuary"or"Welcoming" City or County; 5. Cease and desist placing individual elected officials' personal ideology above the law and their constitutional duties as elected officials in respect of illegal immigration policy, and if any shall refuse to comply, resign his or her position immediately; and 6. Be held personally liable for criminal and civil penalties, to the full extent of the law, including but not limited to prison sentences and judgments for civil damages by victims of crimes and personal *jury committed or caused by illegal immigrants harbored by self- identified Sanctuary Cities or Palm Beach County. THIS PETITION IS EXECUTED this day of , 2017 by the undersigned citizen and taxpayer of Palm Beach County: eA_c c4/0- (9ature) (Print city and zip code) 334,8. ,u)i, iii,467-/-14//e,OF h 414 goch 3- .0zre N! • PETITION OF PALM BEACH COUNTY CITIZENS AGAINST SANCTUARY CITIES/COUNTY (cont'd) 2. Comply with Federal Immigration Laws as set forth in the United States Constitution. and the Statutes of the United States: 3. Comply with Federal law enforcement agencies. including U.S. Immigration and Customs Enforcement (ICE). U.S. Customs and/or Border Control, including but not limited to the detention and transfer to Federal authorities, of illegal immigrants who have committed crimes or violated State and Federal laws: 4. Cease and desist all policies. regulations. practices, designations, publication and identification as a"Sanctuary"or-Welcoming-City or County: 5. Cease and desist placing individual elected officials' personal ideology above the law and their constitutional duties as elected officials in respect of illegal immigration policy, and if any shall refuse to comply. resign his or her position immediately: and 6. Be held personally liable for criminal and civil penalties, to the full extent of the law, including but not limited to prison sentences and judgments for civil damages by victims of crimes and personal injury committed or caused by illegal immigrants harbored by self- identified Sanctuary Cities or Palm Beach County. THIS PETITION IS EXECUTED this kk day of . 2017 by the undersigned citizen and taxpayer of Palm Beach County: •�. y, / 7 i (Signature) V r" /41 . (Print Name) (Print street address) (Print city and zip code) (Email address-optional) I PETITION OF PALM BEACH COUNTY CITIZENS AGAINST SANCTUARY CITIES/COUNTY (cont'd) 2. Comply with Federal Immigration Laws as set forth in the United States Constitution, and the Statutes of the United States; 3. Comply with Federal law enforcement agencies, including U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and/or Border Control, including but not limited to the detention and transfer to Federal authorities, of illegal immigrants who have committed crimes or violated State and Federal laws; 4. Cease and desist all policies, regulations, practices, designations, publication and identification as a"Sanctuary"or"Welcoming"City or County; 5. Cease and desist placing individual elected officials' personal ideology above the law and their constitutional duties as elected officials in respect of illegal immigration policy, and if any shall refuse to comply, resign his or her position immediately; and 6. Be held personally liable for criminal and civil penalties, to the full extent of the law, including but not limited to prison sentences and judgments for civil damages by victims of crimes and personal injury committed or caused by illegal immigrants harbored by self- identified Sanctuary Cities or Palm Beach County. THIS PETITION IS EXECUTED this 3 g4 day of )144 64 , 2017 by the undersigned citizen d taxc.,,payer of Palm Beach County: ...... 6______ 41;4 (Signature) ).73 t/A 100 Pic,4# . (Print Name) /,37/ �a w.,,-7- e)7E� /. 'i,, 41 (Print st tUI .40/ess}-G 3311 f (Print city and zip code) .e 04 /Ssv�S 0 7 1-'/G .cam-, . (E ail address- optional) 2 PETITION OF PALM BEACH COUNTY CITIZENS ' OA.INNST SANCTUARY CITIES/COUNTY (cont'dl 2. Comply with Federal Immigration Laws as set forth in the United States Constitution, and the Statutes of the United States; 3. Comply with Federal law enforcement agencies, including U.S. Immigration and Customs Enforcement (ICE), U.S_ Customs and/or Border Control, including but not limited to the detention and transfer to Federal authorities, of illegal immigrants who have committed crimes or violated State and Federal laws; 4. Cease and desist all policies, regulations, practices, designations, publication and identification as a"Sanctuary"or"Welcoming"City or County; 5. Cease and desist placing individual elected officials' personal ideology above the law and their constitutional duties as elected officials in respect of illegal immigration policy, and if any shall refuse to comply,resign his or her position immediately;and 6. Be held personally liable for criminal and civil penalties, to the full extent of the law, including but not limited to prison sentences and judgments for civil damages by victims of crimes and personal injury committed or caused by illegal immigrants harbored by self- identified Sanctuary Cities or Palm Beach County. THIS PETITION IS EXECUTED this 243 day of /14 `/ , 2017 by the undersigned citizen and taxpayer of Palm Beach County: ztv2--0 11 24:')-i-27/1,41q • (Sie) Gfr 1if (PrintN�) 7j.)-',A ilk. 4,1( tiC! -75 -3 (I (Print street address) (Print city and zip code) (Email address-optional)• - 2 PETITION OF PALM BEACH COUNTY CITIZENS "AGAINST SANCTUARY CITIES/COUNTY (cont'dl 2. Comply with Federal Immigration Laws as set forth in the United States Constitution, and the Statutes of the United States; 3. Comply with Federal law enforcement agencies, including U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and/or Border Control, including but not limited to the detention and transfer to Federal authorities, of illegal immigrants who have committed crimes or violated State and Federal laws; 4. Cease and desist all policies, regulations, practices, designations, publication and identification as a"Sanctuary"or"Welcoming"City or County; 5. Cease and desist placing individual elected officials' personal ideology above the law and their constitutional duties as elected officials in respect of illegal immigration policy, and if any shall refuse to comply,resign his or her position immediately;and 6. Be held personally liable for criminal and civil penalties, to the full extent of the law, including but not limited to prison sentences and judgments for civil damages by victims of crimes and personal injury committed or caused by illegal immigrants harbored by self- identified Sanctuary Cities or Palm Beach County. THIS PETITION IS EXECUTED this /'T day of �' �-� ; , 2017 by the undersigned citizen and taxpayer of Palm Beach County: //✓i Atom :igna e . f ( Jfc\ C � (Print Name) (Print street address) (Print city and zip code) (Email address optional) • 2 PETITION OF PALM BEACH COUNTY CITIZENS AGAINST SANCTUARY CITIES/COUNTY (cont'd) 2. Comply with Federal Immigration Laws as set forth in the United States Constitution. and the Statutes of the United States: 3. Comply with Federal law enforcement agencies. including U.S. Immigration and Customs Enforcement (ICE). U.S. Customs and/or Border Control, including but not limited to the detention and transfer to Federal authorities. of illegal immigrants who have committed crimes or violated State and Federal laws: 4. Cease and desist all policies, regulations. practices. designations. publication and identification as a"Sanctuary"or"Welcoming" City or County: 5. Cease and desist placing individual elected officials' personal ideology above the law and their constitutional duties as elected officials in respect of illegal immigration policy. and if any shall refuse to comply. resign his or her position immediately: and 6. Be held personally liable for criminal and civil penalties. to the full extent of the law, including but not limited to prison sentences and judgments for civil damages by victims of crimes and personal injury committed or caused by illegal immigrants harbored by self- identified Sanctuary Cities or Palm Beach County. THIS PETITION IS EXECUTED this 9 1'14 day of A p c . 2017 by the undersigned citizen and taxpayer of Palm Beach County: c/utztkt.A.Q., a-1\-() (Signature) 1 uoviAito (Print Name) ) (Print street address) \() kt: ) c L 33L �s , (Print city and zip code) A .. .-vo.c-d._ tie \.; co-," (Email address-optional) 7 PETITION OF PALM BEACH COUNTY CITIZENS AGAINST SANCTUARY CITIES/COUNTY (cont'd) 2. Comply with Federal Immigration Laws as set forth in the United States Constitution, and the Statutes of the United States; 3. Comply with Federal law enforcement agencies, including U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and/or Border Control, including but not limited to the detention and transfer to Federal authorities, of illegal immigrants who have committed crimes or violated State and Federal laws; 4. Cease and desist all policies, regulations, practices, designations, publication and identification as a"Sanctuary"or"Welcoming" City or County; 5. Cease and desist placing individual elected officials' personal ideology above the law and their constitutional duties as elected officials in respect of illegal immigration policy, and if any shall refuse to comply, resign his or her position immediately; and 6. Be held personally liable for criminal and civil penalties, to the full extent of the law, including but not limited to prison sentences and judgments for civil damages by victims of crimes and personal injury committed or caused by illegal immigrants harbored by self- identified Sanctuary Cities or Palm Beach County. 1I l THIS PETITION IS EXECUTED this day of -1-1-11(12-6f,, 2017 by the undersigned citizen and taxpayer of Palm Beach County: h i,, 1 , /0H h ti �(Si � (Awe( 4,U NNI1-1G 1 nt Name) ic/ 2_ lif re- 141 ti i Cr4- (Pjftpl eet address) dt-r- rl- 3 � (Print cityd zip code) ekt J &I.V1-01 II. CLW • (Email address-optional) 2 PETITION OF PALM BEACH COUNTY CITIZENS AGAINST SANCTUARY CITIES/COUNTY (cont'd) 2. Comply with Federal Immigration Laws as set forth in the United States Constitution, and the Statutes of the United States; 3. Comply with Federal law enforcement agencies, including U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and/or Border Control, including but not limited to the detention and transfer to Federal authorities, of illegal immigrants who have committed crimes or violated State and Federal laws; 4. Cease and desist all policies, regulations, practices, designations, publication and identification as a"Sanctuary" or"Welcoming" City or County; 5. Cease and desist placing individual elected officials' personal ideology above the law and their constitutional duties as elected officials in respect of illegal immigration policy, and if any shall refuse to comply,resign his or her position immediately; and 6. Be held personally liable for criminal and civil penalties, to the full extent of the law, including but not limited to prison sentences and judgments for civil damages by victims of crimes and personal injury committed or caused by illegal immigrants harbored by self- identified Sanctuary Cities or Palm Beach County. THIS PETITION IS EXECUTED this 3 day of /14 Ay , 2017 by the undersigned citizen and taxpayer of Palm Beach County: irn;c � � M� cry POt.tp4Iv4 33c ; ({ i-).9:S _ 6j -4.,?(<.z 331 58 (Signature) (Print city and zip code) 1— r �woz :2? VC7 ..faik 1 ANY1,1,WItia-- .1 -- \---(A _Al_VO a `tel .33 //, ,- �3y37 _ /.r1 �- i ✓ 20 ,_ -g . -1/ ( h- . yit c J ) V 4. 7 tA e—,,,,-4., ( 'yit-e- ( i 0 fCt n_..a- - A q,IV -- 3 v-ill ...ilL i...t. r._,_ if ( i IkeV-e/I /- i__,, 49 __.) 'Ll Va i ‘ i fr tv f_LrAsi__Al lediz. /11-1,-ri-', S,“6-7 i Rit,e,L . V-IvIi.VatvMP1'10wenWdIt►'�� ,v =34i _ undersigned citizen and taxpayer of Palm Beach County: ,jf;vieje . goi.:A ei4‹,_ ,,t .,, q aa 1‹, (Signature) (Print city and zip code) N :2. o.zi 3LyI . '7 ,, ._ )- }Utivx. _. 1° t.L\ r, -\0.4 \Niki..(AN a E6 Jia Ca 1 l'l - dir , 7,.--.: ,11-1-C et")_. i. ,. n' '&Li jvie ( i A +c,1 3 3 (f-ii Li---' 4.11/1j ii,A 04'e iii -et) • , - .,y,,,,e,,A_)ypD-)/ AI a'.44)6,72k/ ..33(7/y d_12':?.,.e'//. 7,E}?/ f�/3 i-'3:. " . � ._ i .8 --3 jilei) 7'" '- . lar / • / • 6 , 7 gp ,. irme r- � r33/ - LA.) 0 * 3 V// J ,,,,f, ---. - 1_,,,,z,,- , _< , C ,45 ,/,e 3 3/z3(ipfit, ' , . 5 (1 ' 5/43 .,,>4_ ' --...(• A..k., /-CAI. 1, 2-_—' Pl/ '/3 3 /,,,,/,,/ _ „ .�'1 r)1‘1 t 'j - `( 64144 \ 4�/'� ' i ______ ,, yf=� � �`. ,ci � .335 // 3 '` ti . _ 'E�- CL ' 7 `7 r PETITION OF PALM BEACH COUNTY CITIZENS AGAINST SANCTUARY CITIES/COUNTY (cont'd) 2. Comply with Federal Immigration Laws as set forth in the United States Constitution, and the Statutes of the united States; 3. Comply with Fedetal law enforcement agencies, including U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and/or Border Control, including but not limited to the detention and transfer to Federal authorities, of illegal immigrants who have committed crimes or violated State and Federal laws; 4. Cease and desist all policies, regulations, practices, designations, publication and identification as a"Sanctuary"or"Welcoming" City or County; 5. Cease and desist placing individual elected officials' personal ideology above the law and their constitutional duties as elected officials in respect of illegal immigration policy, and if any shall refuse to comply,resign his or her position immediately; and 6. Be held personally liable for criminal and civil penalties, to the full extent of the law, including but not limited to prison sentences and judgments for civil damages by victims of crimes and personal ihjury committed or caused by illegal immigrants harbored by self- identified Sanctuary Cities or Palm Beach County. THIS PETITION IS EXECUTED this AO day of /u , 2017 by the unders' tied citi en and taxpayer of Palm Beach County: 6r-ef ES 3 r i') G� dracel _ i 3 S ---(4,7 (Signa e) (Print city and zip code) e2:43 53V4, i /. <414":4949: 11-11 , . - (t: 7, t - /- { {4--/r.. ( / , --A ,. 1 qt"yeyQom/ Cr/f..2r'i� �if.(' 7 (S As 0 (,i's IAL- 1 L- k Wo--/- 3 La,- 1 /7,---y . :-ZAddi.---":52-eXI-e----P - 1Y3,-geAit-1,61., , , -2) 3/1--__ CkaLi /("Whji- 4 ‘,62A2,14 ze,G2z4' —t' '31.1i;.:; ,,v_c_i 1.4-t.e__ &..4,4_,.7 �' �Ai., .mitt-1VA ct c�j, `h S /� 11,),,:#1Ste. ,, '5-2/-ii THIS PETITION IS EXECUTED this C LO day 01 ••"T f , Bu 1 , UY 11A. undersigned citizen and taxpayer of Palm Beach County: iqi -16,,,A, 2e,de.. . ..31 elivehit- 1-06...,\LAL,,, 'wt.') (Signature) (Print city and zip code) Q-1' '-t-1( ` \k\CNXNN-erC.. 1_ \i„ -e, Ot-D '\'N ( 3-1:.b V' - \6 +r 6raz, a-e Peck414'Vekik 9 ? ? J(gut iAJ op l iz-r . 6'z4 3-;'--1,3 Ahe i'< h eibZke 1v - 3 be c ' )„ iq let s i IR, seve 7,-/ L.cs 3...? 0,6 .. 2_ . __:4h - f n hies -/--A /4i 4111-h 3 VeLe,r"--- 4,74_ e...•:. c.1-. -? ? kr/ - // 4 Kkr A-i .--..;:_ /' a e ii,/,c ?' .;- 3 Y 6 7 01 Ga . . icr_ 7i L.;ki, k�.,;�, ;). 67 . --- -1 _ q-(4.) :t- 'f__3_______________ __)74,c49_,170 -Lee Vlkb (- Ake. (,Orrick 3 3 -i-- _jc-e/Ait-rXt Scal0/07 Gkesi 141-7&, Zfeezi. .,3(tis _ ` .d G. �(/ I' .! ,r 4-100E c i WU i 1 / f t 33 S . ,,- f_ . . t:d.... Alb t:.‘-'v , ri__ . . .s6----- (_____,A,,iti,,.R c e 1. f, vke-A;Lem FL 24I1 a - 2� &? '' Z. z _ .. , ?1j d772-4.=,/- _ .44 )C . A rh -/e 6(J ( 0oi f/ 33 '1 l0 7 __21_Yill. .1-e-r-- p,(4.14- PQM 11 ge-ayi; .3 3 y37 lar 1A1 d 'P-5 Z G i ice' #,' /344 LJcvr&. S nA R Sc.:- t L. - kc- Jtf e r f h ./- PM`7 EL r)_ • 6-C6\Vey bVIV. itti AV> -e-Jl , _- - , 9;45a6� 1 THIS PETITION IS EXECUTED this oZG day of /14 IP/ , 2017 by the undersigned citizen and taxpayer of Palm Beach County: Z4,4 Ceci - ("A--A-C-(a d/-/ k- 3 3 Y1'Y-- wY7 I 41/44-.. .. Y3r%vvs il eszAtv:S1L-tY 4- ' cik ( a .. ( (Print city and zip code) --A- Ecii_ 66,sL .- 31, 0 ific-ibit- re- 0-,'-.5 /6-77d "7-6--/ -�(ki Lae, x' 70 ' _ 334/76 1,D/44-ithbviiii co.iia ii l tr4 1J PH . 3 z1y1 7 f_ji I iqro--a_o....,- -(ISLPAT ii?jiryLr- rie ix_Cii: //-0? 1 4 �� w •,c' /3 , 33 ((oq es1/4 . -lacik /?PI3 33q // rzift,,Riki &c- . i\ )sLis4b-e& (,-4,,, c.. 32v(oa n1-4-0\rcZ„ L.,/1e (..10Hh -33R . Mexeilch oU3EPCL1Y1 spy , i -7-- ti0/ T . 33 1-6 �— ‘Let-i ‘,104 Li.,-/,„ –?-7 ‘.2... 'Pw- 0.4 4' /o //:gelOg Lao 6,kia. (i61',g /01- 6 - 3 3 V/S- � ct 1'jQci7(p/)d° 9' . //,e-eD G,� e . , 4 �J c, 6 C-e�� 0 .Q6 ( 0 Wil ' co-- 12 of i A- 1--) - 622,r-i-ti w ' P. . 72 e--Z) 5-- ; otn tilt [ FG/L IocLe 33 y v ykkiivik Sc. -tfc'AV;Lcit w .Q - V:, - 0,34-tc .s— .;. .'/ a- r T G li a-,,, r W . P . .> 52, 4- 66 ___gedc_ \KJ 6W\csz_44.4 t_ , l.0 5 '.•.fro ‘PTh ) c l--\\ 321- „C",./Y/1-/t9 74 /31H- P, 0 . 5-3152)6 ) � � s-t_P ,7.4`, tel; /°/.; S ;' V/c3 Ili lfWif . Ari?._ (-3T9, I THIS PETITION IS EXECUTED this day of M Ay , 2017 by the undersigned citizen and taxpayer of Palm Beach County: /fIciL l9cA iT 'z sip,/,64 )3, 371/-3 c s\q,n\AD 2Atz, ttc‹... 9.0At\-- 3_uici.? (Signature) (Print city and zip code) ' / it,tivit 0 gc3,5' & be\--1- - raki,io �: �� z _ 61/ le 3�-_s u. W �15 3 3 O� „ , ifewilic L0 . Pt, ... <eito(i 0” i 11- IN,i06 ,-(2)L-34(05____________ (Acy .(4, s ..,,___t__ =_______.______ c„... '^ice--,L ']Y c i a 1 l- "I' , i'g _f/ v!Arf -� ..r, m- 3 x'37 - Q _A • �AIVI- . C_ \ lb O qj-uL rr A- h 4 So n c.e 6 .23 (1 d ,i4,/ , AA_ i e 3 x (ii.02 11, : 17,(' Li r -c - C-- ( • r'. r ,ero - 4 ' 33/70 ,._41 .L-_ i if ':_,:eA • P — -- At V J i r a CA (OJvOs 4it 1,0P6 3e Pivn/ico ttie if d i il -- __391__Y a `ij I`/ .7.44,14.4 1(--t. s:.)'1 / , PETITION OF PALM BEACH COUNTY CITIZENS AGAINST SANCTUARY CITIES/COUNTY (cont'd) 2. Comply with Federal Immigration Laws as set forth in the United States Constitution, and the Statutes of the Uhited States; 3. Comply with Fedetal law enforcement agencies, including U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and/or Border Control, including but not limited to the detention and transfer to Federal authorities, of illegal immigrants who have committed crimes or violated State and Federal laws; 4. Cease and desist all policies, regulations, practices, designations, publication and identification as a"Sanctuary"or"Welcoming"City or County; 5. Cease and desist placing individual elected officials' personal ideology above the law and their constitutional duties as elected officials in respect of illegal immigration policy, and if any shall refuse to comply,resign his or her position immediately; and 6. Be held personally liable for criminal and civil penalties, to the full extent of the law, including but not limited to prison sentences and judgments for civil damages by victims of crimes and personal injury committed or caused by illegal immigrants harbored by self- identified Sanctuary Cities or Palm Beach County. THIS PETITION IS EXECUTED this 4 day of Al / , 2017 by the undersigned citizen and ager of Palm Beach ty: -may s - `/n -EC �z95 -/ 33 (-0f (Signature)- (Print city and zip code) • filikt. 4 :#4, s Pi ' , rzpz_1( (-76c1 1°'4Cfs"(1"PiT , .. ectoi-em . . _ • g,v0cc i GoTati 3 Y.8 Onirlda C-(r ,4 tiro � F( 334-73- r undersigned citizen and taxpayer of Palm Beach County: / ,J ' P''� ./ .17 -f_ i / ,,,/ l/u'4 7:9L. (Si tune) (Print city and zip code) •,,, /5(.7,e/714, :9 f/>5- y.76 if di . LL._ . - _ . n 6 -. i 33ifo3 AMP; , AFF i r A 5 .---7 Cf DL1 7144/ dX10 1 J3. j e/66 144,10e I/ _ - PAM, 5A6 it h. 3 3 4101 �._ pn _ i A - t M. I T----- ,drAIIIPA1 . i11, w' PSN 3.3Z--- _ 1) C: '-:. I , A , V , 1 a ILA ..- i -. Aligilliii111111 (-9-e-s-A-- gi-94,y‘ 3 -.44 /c.--, A ' LaT LA.-. p_7-----.: -(A . ( 7 0. _ -�.ai AA eq-c.0 10,44,v, feackk 73©60 _____t_L2_ck____s vt MGC o._ 0-4 33 H izi v�fzi.r v-e r 0 gitj 4_ 3-34E7 `7Zii, 4,&/".,1 _e ..) et-i,ec-ita6-71 g ?, .76 dee rpii,t.,.` f-4 i-e Y n , `-3 Z 7,zJ,6Q) �i;..- j,ems h g7y 5(‘ 7/4--Virtz, ' y om,-- ,--(...r 83Y1--/, 4 , ,----, - 77AufAut,„-_____.. ''' )- ' ;/ Ay , A' ' _ A -' . ,,,_....„____ 7/A,,,c,1 Yeo_.4 3 •E ——; Al ) -r etA0 . r- - l_._ -W 6 D /f r MIR ..e. tim., -: v----,, _21 ' ,. ( Allialtfr -. • iriuta rms.&it"var. i r...nueol-.V.I IL AUL/ taxa., undersigned c.; ,,. and taxpayer of Palm Beach County: I , s..-7. :ture (Print city and zip code) i _40 /06ke Lo. ,LIG‘ 3344 6 . /- 1 : .. .,._ 4.54 .„,": ,.... , A --.. ...._ ..., --, , ..____\,....- 2dc‘ d(::—. A..,47_,,'2.- - .-/e.::-.7- -fi-. it.-- .1,t;e6'7.--"- .--4-- 7.11 , A ,- __ d•7 AZ/. 1,- i47:-tiv i /7- _ _J..) 7 k•-, ( r•-1-/- 0 , „,.......,---_„;"1 ( - , 1 ; / i' . -''kli; I:- li AP•4.4.....'s,:„ i. —• I .-11.041-1 '--- _ _---- 1 .) •----) 'I :RI i(Trk: 13‘_ Jr. ( J. ,...„._.________ _____ . ..-- ..., -R• \t, • - ) tj •1 Ott 334----1") . ---.....„„ ..j„,..-7,,( i.j___.,„___(• • ,-,\•--7 .) , L .--73 ;3. ,- ? i ,— , , , .,44.1..e,• 1')(- ///L P=1 Li i---, A04 2yn - . ,A ' ,- ' • ::: - ....:__•_.--,_ t ___.. ,- i ::)" • I .'it {--4-4 4. 0-I tt;4:-i - -, i_e 1 >7 '.--)7 '..-•• ' .'C 2... • . • ( ti r & tie ° i 0.1.'. e'...";1.' ...el ,r 1 - .1,:f:.. -..-- A:K., ('' -..., :-.- -- 5,7;( 1(' .... . -- .."....7-. "7 . , ( r.) Vi i ),/- L L. . ) .1),- ( / -- / ,),.-1. ' ,2/it 7 --Pie 11M-; it---'-b ,_,.. -rs' --/(S' , 1• , ._:,:)),d, ,......, .--, 1 ,. -7 --,...z,,7 ______„:,c_ I'l .. 4._____,_ / , ,i ,,/-- ,.. .t. -.:,-,,...- LA, - -' , - ( /.:-I' ----;•• -2/---- i . --1 I-),•..- r , / ' - s -3 -.3 V 2, L. I f ... ..4' ,....„1 a.0•r:a,______' . -...i__ .,"._.„• s._.. _61;V'-- .• ' . / c tile . 41 11- 33qii - .. ,.. fiA4 -3y Y.3 7 ` 1.0es1? Rim 6eaci, C( __ 34067( .... • ' Lk- 4ta_259e..\K &deli C . 334,67 Glie 153w1/7 PETITION OF PALM BEACH COUNTY CITIZENS AGAINST SANCTUARY CITIES/COUNTY (cont'd) 2. Comply with Federal Immigration Laws as set forth in the United States Constitution, and the Statutes of the United States; 3. Comply with Federal law enforcement agencies, including U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and/or Border Control, including but not limited to the detention and transfer to Federal authorities, of illegal immigrants who have committed crimes or violated State and Federal laws; 4. Cease and desist all policies, regulations, practices, designations, publication and identification as a"Sanctuary"or"Welcoming" City or County; 5. Cease and desist placing individual elected officials' personal ideology above the law and their constitutional duties as elected officials in respect of illegal immigration policy, and if any shall refuse to comply, resign his or her position immediately; and 6. Be held personally liable for criminal and civil penalties, to the full extent of the law, including but not limited to prison sentences and judgments for civil damages by victims of crimes and personal injury committed or caused by illegal immigrants harbored by self- identified Sanctuary Cities or Palm Beach County. THIS PETITION IS EXECUTED this 29 day of MA-/ , 2017 by the undersigned citizen and taxpayer of Palm Beach County: Si11-) `ft)/ •; . . •r (Print city and zip code) NF1 33y 3 (7,0( �. , D -1 - Ft X 34{ l�1.�C\ �L�� Lecrl`( --3 )(-1())4 PETITION OF PALM BEACH COUNTY CITIZENS AGAINST SANCTUARY CITIES/COUNTY (cont'd) 2. Comply with Federal Immigration Laws as set forth in the United States Constitution, and the Statutes of the United States; 3. Comply with Federal law enforcement agencies, including U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and/or Border Control, including but not limited to the detention and transfer to Federal authorities, of illegal immigrants who have committed crimes or violated State and Federal laws; 4. Cease and desist all policies, regulations, practices, designations, publication and identification as a"Sanctuary" or"Welcoming" City or County; 5. Cease and desist placing individual elected officials' personal ideology above the law and their constitutional duties as elected officials in respect of illegal immigration policy, and if any shall refuse to comply, resign his or her position immediately; and 6. Be held personally liable for criminal and civil penalties, to the full extent of the law, including but not limited to prison sentences and judgments for civil damages by victims of crimes and personal injury committed or caused by illegal immigrants harbored by self- identified Sanctuary Cities or Palm Beach County. THIS PETITION IS EXECUTED this c9 day of JV i`#'/ , 2017 by the undersigned citizen and taxpayer of Palm Beach County: Mak (" , �C �;�f� 33 7 (Signa (Print city and zip code) r,,l , t� � �z FL // brANC"A L.! , - 3-1114, - -`) rtu - ,401 IOW( _ _ 39(*) 14/ewr eqleigi)44) 'Jen()_ /4"-7. Lc ' o 6 . -1 e s-\ ycITin 0(c'-; ?ogo-1A;/0-1/&-, 33 LJ ) 1 11,1L-;-2.L/ � L/ �� aTc ' V,�-k;QI F- 4'1 ID - 1� — �i _ c' ' _ FL K,jc--K it\ ;t,ck, LW (Jf 5 `(67 (Signature) / (Print city and zip code) i ' f ./ I' '1' - )(": A' ' /614/95 33Y \tea_ La -he..tcLaV AzeoL V/ ft it.y.,,, ). frid co 4.-11- A/0 011IK, 1 eqK 3DY61 Cu /�tA �' ? Y y ' i Ormiam . a-,.. `!' . / , , viro„l g�Q.-¢I4 i`L j3q72_z9a vP V13 /47 / /i//'&/\ 190-tryl .G� 3 , / E )1P4 Net ewfve./ &day A. , cz� 7 33 We .0 -/” 671: iez.:___,' ,P,e,by, 16-6.. 3 SK)2 Ata,/,`,- -:- W, P & . • , -•,- . gori fc4 Af ,3 y3'(, ` . - f 1 & J .)3Y6z • 41 -,1 vr –"otecil- �tcfGL 3V �y � / i ' — r K 1A LIDO\4,I, 2: 7- c/ i 'ck R u \c-Qt 5 . ki ack_. ... _?(,g-, , - .-- A/JjjA z ifvo /2O cS 3 3 .Y6 c. Yi/Ja_ le,/ /4-7x-ei .I 1 5 A Li 1-11Mle.- 3'34 9‘. C _,'J.42e, 21 lo,i-NeJ( E. liv-ttek, • ---3 ,cip kiv\Q.,,is„._,ALI,..\-„QALA .c\f\o,L_ c., - kL<-4,. en/a/ X04" •terG — Lniv11, 47 L. .3.3 �-- ;.74`2 _ L 4 c1z.e Shy , y),& /WA1 4 1.4 AlareAVIN /6 i — dA 3 ,g/T3e 4C. 3 3 Y72 ,2ntt West per) 6 ecA4 33rdS /K-i-Laert,* octA v 4 I,- 0 r/i ? '3 ""(<- ?? S'air t IN/ S/ _ 1L r 72 Slit.ZI / Y6 / g oure, c_cbc4 r F/5 3 to a 126y OVC . 'NV ksk- Jvc 0A4 (?)A‘ jvt__ e-aPPL 414' JA-t;,—a6 z de--s Dx. 33�P�1 j_e.sttJ- - - ,734/ 7 12' Nitta 3345E ci-- (g.7t. ti9 -1,Qt4 t1-%"( � 9� PETITION OF PALM BEACH COUNTY CITIZENS AGAINST SANCTUARY CITIES/COUNTY (cont'd) 2. Comply with Federal Immigration Laws as set forth in the United States Constitution, and the Statutes of the United States; 3. Comply with Federal law enforcement agencies, including U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and/or Border Control, including but not limited to the detention and transfer to Federal authorities, of illegal immigrants who have committed crimes or violated State and Federal laws; 4. Cease and desist all policies, regulations, practices, designations, publication and identification as a"Sanctuary"or"Welcoming"City or County; 5. Cease and desist placing individual elected officials' personal ideology above the law and their constitutional duties as elected officials in respect of illegal immigration policy, and if any shall refuse to comply,resign his or her position immediately;and 6. Be held personally liable for criminal and civil penalties, to the full extent of the law, including but not limited to prison sentences and judgments for civil damages by victims of crimes and personal injury committed or caused by illegal immigrants harbored by self- identified elfidentified Sanctuary Cities or Palm Beach County. TIES PETITION IS EXECUTED this / ' day of 2017 by the undersigned citizen and taxpayer of Palm Beach County: (Signature) \AO L (3c 1` 7- (Print (Print Name) fz)S757- (Print street address) (Print city and zip code) S K J-A i r6 (Finail address.-optional) .. 2 k 4'"i 4 ;;Al PIZ (Print city and zip code) (Signature) 0 i ri_ ___? Ye° _ , J'.,! Ad.. _ --tri 0 1 <V4C i iti 11 BeiCl/L. • uk..$). pal..-. ► c h L 33`1 I. 1111EllyCIMM • ..._ \ ' ‘, 34(i2,‘ _T-sc(1) e & ! ' . ,r,,, `� '-- ii i i fk ger _ #. . u - ,._.?, /k 7.- .r- . ,,/ - _ ._ A ,Q....... e II .7C- 3 3 )1 ___: .q illt if ' r?,7".eR Pe, .7-g . • VW) £ 6 A. a 7'1c-C t)c- '. 7//I-1 ‘ - c G'vde .E / ivi---- • ,,,--;,-- P//), / l.4. `l-9.a r OF.. �?ey 'i p, ,ehh, , . tl l i,---s"-- ' . 'ffauffil PLR 1 - -". 42kh-NOINIIII • I-- :/L q- iv 0 IMMMIIIII, ',, ../if/Ai ie A. c // . ice- tke it.__ e (4en._ g iliN i6 a d Atm /3gc1t Q<-f ,e ; �to� s Al �act 1 111111 V1 • vs a - - �� - - - - -- AGAINST AGAINST SANCTUARY CITIES/COUNTY (cont'd) 2. Comply with Federal Immigration Laws as set forth in the United States Constitution, and the Statutes of the Uhited States; 3. Comply with Federal law enforcement agencies, including U.S. Immigration and Customs Enforcement (10E), U.S. Customs and/or Border Control, including but not limited to the detention and transfer to Federal authorities, of illegal immigrants who have committed crimes or violated State and Federal laws; 4. Cease and desist all policies, regulations, practices, designations, publication and identification as a"Sanctuary"or"Welcoming" City or County; 5. Cease and desist placing individual elected officials' personal ideology above the law and their constitutional duties as elected officials in respect of illegal immigration policy, and if any shall refuse to comply,resign his or her position immediately; and 6. Be held personally liable for criminal and civil penalties, to the full extent of the law, including but not limited to prison sentences and judgments for civil damages by victims of crimes and personal injury committed or caused by illegal immigrants harbored by self- identified Sanctuary Cities or Palm Beach County. THIS PETITION IS EXECUTED this a 5— day of N/t y , 2017 by the undersigned citizen and taxpayer of Palm Beach County: icoeF 409-eti 33 (Signature) (Print city and zip code) Ab,),"") Vic'!/ 3 3 �� . 10:A4 9- Al A 4A20Yoek, eeut4 4.47G.# 33W/ 441,4/ Lv �3 /,,/ fih_c;4 IC5 war#6 33Y66 1 N'O ' R(!Ar- (' rik\, -lc))Lk‘ 4.1) <a ►� - P1nJL/4 - G ,53(1/4//() Erol ( VVI I/►n j f6ri . THIS PETITION IS EXECUTED this ) day of P411-7/1-7 , 2017 by the undersigned citizen and taxpayer of Palm Beach County: / 04 Z'• • hvJehee 33g7C) • AI !_ 4 it - -- 33C/C (Signature) (Print city and zip code) R"al, r . ' 4 - ' 334/-ii ,' V.As . 3,M.R 6 _ 3 3 ki--0 4 1 nL. .,) • , _ /g ?Li-4i 9 ---....mor AA/ lor ---, .-33 (15----- ah 155.- 16-:kl:,ores Qvi-16)7 - 5 8 I / 1 CA 'i- �� X6-7 1;(4'1/1"1 i. 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Bzc 7L__ 3 3 c G-, t q. -Y�to els i5d n l i P-7 41, c : IkeLoc4, 48ii eis,, ,I) :?3,1( _--? 7 4_,)e44y. lizt/61 ea. -7._iz-- ",,,it,,,, „:,76) /,, jii tAA, ' a/ B--0 c — d/u _. 4-rte.--' ),` --e--\,_ /Y04-4 -- 14,,, . 3,r2-0 , 4.4, , ._____ _ ±11 ,'// OiI1Fc- i1 4 T a off 33 'r, ---777\779 Q ").-4\! � - � -( , mac.f g C(,4/e �, b / / l , . i 47—. i%V( 2 ,x/14.1)/ L 4 e7 /,,Q&^ ' • , E 32330 1 ' Ais PIN i 4 -.0os.� 2 X .1/1,'-ez-a.) ,, > 0 i / , , , ,P_,--23_3 54$ . 0 if lAcL 33V-V6 ien-P e ,q-rile 1 j 30( ,L_ f I 3 S V Sz . z,a e j y-a Ca seAl CU Pa R, 33,t1/ 1arnt - Ja L.j Li 'R0fla 1 jc —t I j/r 1 e (4) �� cf. 7 _ ,- .):,,p,,,, ‘,.,e,,n., , , , - , "3 3 '-('-lq 514Nilkc 1\14 RuL cl..:j Pig cois`'1 FL 5 6( -S 7 3-- L-Ic7 S A. CrcvA ,i S,-4 LF flA ' ' w 1 t c.. FL :4-6/ 3.2y- 22 3 &ck ,2- M _l ii/ ye .6.ie__Ga- j)60 ril� 53 ,/-30... 124b/ Zvr7 Sanctuary City— Calls December 5, 2017 Name Opposed/Support Comments Craig Paulitz Opposed Against Federal Law,could impact future federal funding to City Anonymous Opposed Against Federal Law, what was City thinking, crazy, outrageous Anonymous( on behalf Opposed OMG—City does not need more crime of a friend Mother&daughter Opposed Boynton Beach always bad news, crime already high, people will not move here. Will vote go to public? Resident Opposed Everyone should go through the immigration process. Should not be given a pass. Tina Aaron Opposed Been in business in Boynton since 1978. Found idea of sanctuary city disgusting and no way it should happen. Plantation resident Opposed Expressed concerned for retired friends in Boynton Beach. People prowling in communities, stressful, may have to move and would feel uncomfortable with so many strangers. Felt politicians were doing it to get votes. U.S.DEPARTMENT OF Energy Efficiency& ENERGY Renewable Energy Street Lighting and Blue Light Frequently Asked Questions February 2017 Prepared for: Solid-State Lighting Program Building Technologies Office Office of Energy Efficiency and '-� _• - I- • .S. Department of Energy Prepared by: Pacific Northwest National Laboratory Street Lighting and Blue Light—Frequently Asked Questions These frequently asked questions (FAQs) have been assembled in response to ongoing discussion of the June 2016 American Medical Association (AMA) public release, Guidance to Reduce Harm from High Intensity Street Lights, which presented a number of recommendations related to possible health risks of increased short-wavelength content of outdoor lighting sources, with a particular focus on the continuing widespread conversion of older products to LED.The issues raised in the AMA guidance are complex, arising from new science and new lighting technology that are often misunderstood and misreported. These FAQs are intended to provide factual information and some clarity to the ongoing discussion in a format readily accessible to a general lighting audience. Basics and terminology What is "blue light"? "Blue light" is a term often used as shorthand to describe a variety of ranges of wavelengths that play key roles in the health issues raised by the AMA. But the term can lead to confusion, because there's no consensus definition of blue light; light colors vary along a continuum, and there's no single, discrete definition of blue or any other color. For the sake of accuracy, it's important that any time the term "blue" is used, it's clearly defined, since different ranges of the spectrum apply to different concerns. Figure 1 provides a list of definitions of blue and other spectral colors from four different reference documents. Together, these documents categorize blue light as falling somewhere in the range from 424 nm to 500 nm, but the specific ranges reported differ significantly.' Wavelength ranges for monochromatic light(nm) color 1 2 3 4 red 647-700 647-760 630-700 620-800 orange 585-647 585-647 590-630 590-620 yellow 575-585 575-585 570-590 560-590 green 491-575 491-575 500-570 480-560 blue 424-491 424-491 450-500 450-480 violet 400-424 380-424 400-450 400-450 CRC Handbook of Chemistry and Physics. 1966. 2 Hazel Rossotti. Color. Princeton University Press, 1983. 'Edwin R.Jones. Physics 153 Class Notes. University of South Carolina, 1999. Deane B.Judd. Goethe's Theory of Colors. MIT Press, 1970. Figure 1. Wavelength ranges for monochromatic light as reported in four source documents. Source:http://phvsics.info/color/. 1 Source:http://phvsics.info/color/ 1 V/ "Blue light" is also a term sometimes used by astronomers to describe lighting wavelengths that are scattered in the atmosphere at night and result in skyglow that interferes with the observation and appreciation of night skies.Along these lines, the Cegep de Sherbrooke, a Canadian university with a focus on astronomy and atmospheric science, broadly defines the blue range as 405-530 nm and recommends a metric called "% Blue," which sums the radiant power in that range, dividing by the total power emitted between 380 and 780 nm.2 None of the cited ranges for blue are more definitive than others, which means that generic terms such as "blue light," "blue-rich LEDs," and "blue content" are not very specific and in fact can be misleading, given that the term "blue" itself is not a defined quantity in terms of spectrum,visual outcome, or nonvisual outcome. Moreover, the associated health and other impacts under discussion are caused by particular wavelengths of light, not by colors.The relevant wavelengths for any given effect don't necessarily coincide with what the human eye perceives as a particular color.The effects linked to "blue light" in the AMA release,for example, in actuality extend into violet, indigo,cyan, and green. Referring only to blue incorrectly discounts the effects of these other wavelength regions. These FAQs thereby avoid use of the term "blue light," except where necessary to address specific use of the term in public media. What is a spectral power distribution (SPD)? The spectral power distribution (SPD) of a light source is the amount of radiant power it emits at different wavelengths across the visible spectrum. An SPD can be represented as a table of radiant- power values, or as a graph similar to those in Figure 2. In addition to determining the apparent color of the light, the SPD determines how the source affects the appearance of objects it illuminates, as well as its potential scattering characteristics within the atmosphere3 and the potential for associated health effects (such as those brought up in the AMA guidelines).The SPD is the fundamental light-source information used in color science. SPDs can vary widely, even within a given light-source technology.Two metal halide lamps that have correlated color temperatures (CCTs) of 4000 K can have very different SPDs, for example, as shown in Figure 2.This is also true of LED products, so it's important to keep in mind that no single SPD is entirely representative of a given light-source technology. 2 http://galileo.graphycs.cegepsherbrooke.gc.CA/app/en/home 3 This FAQ focuses primarily on potential health consequences of light at night. Discussion of the relationship between light at night and sky glow will be addressed separately by DOE in a forthcoming report. 2 0.08 "• HPS 0.07 - iMetal Halide(4000 K,55 CRI) " Metal Halide(4000 K,75 CRI) 0.06 — I 1 - I E 'i ..0.05 -- 33 0.04 2- 11 ri , ro 0.03 - 1,' 1 U 1 a1 - I I 1 a - I N 0.02 ii I +i 1' -I II I I A _, 1 r11 1 1 I, I t% 1 1 11 q1 I 0.01 —i r i 1 11 t 1,11 1 n 1 l�ul I /s I I 1 , I -r rS -I 11, I -•M.-I t.v.��I k i r `.-r , `'I ., ;jam.. -• ' 380 430 480 530 580 630 680 730 780 Wavelength(nm) Figure 2 Two 4000 K metal halide SPDs showing variability in wavelength content, with one high-pressure sodium SPD for comparison. What is correlated color temperature (CCT)? Most white-light sources emit a range of wavelengths, which, when combined, produce the color of light perceived by the human eye. Correlated color temperature (CCT) is a shorthand way to describe the light's color, in terms of its apparent "warmth" or"coolness." CCT is expressed in kelvin (K), and the value corresponds to the color of light emitted by a heated mass(a theoretical blackbody radiator) at that physical temperature (although the light source is not actually operating at that physical temperature). So an LED with a CCT of 3000 K will appear to give off a color of light close to that of a tungsten filament operated at a physical temperature of 3000 K(tungsten being very close to an ideal blackbody radiator).The challenge is that light sources with very different SPDs can have the same CCT, as illustrated by the two 4000 K MH products in Figure 2. Similarly, sources with the same CCT can look different. For this reason, CCT is only a rough gauge of the actual spectral content of a light source. For more information, see the LED Color Characteristics Fact Sheet. What are the five types of photoreceptor in the human eye, and what is an action spectrum? There are five currently recognized photoreceptors in the human eye. These include three different types of cone photoreceptors, which are responsible for color and detail vision under well-lighted (or photopic)conditions. The different types of cone receptors are distinguished by their comparative sensitivities to short-, medium-, and long-wavelength light. In addition to the cones, there are rods, which provide monochromatic vision under low lighting (or scotopic)conditions. Rods are responsible 3 for vision at low light levels but don't detect color or detail.The eye's aggregate sensitivity shifts toward shorter wavelengths under scotopic conditions compared to photopic conditions(Figure 3).There are also the recently discovered intrinsically photosensitive retinal ganglion cells (ipRGCs), which are crucial for relaying light information to parts of the brain controlling the biological clock.4 Relevant primarily to circadian physiology, pupil dilation, and other nonvisual effects,the ipRGCs contain melanopsin, a photopigment that has a peak photosensitivity at 480 nm. For a variety of reasons, the peak response of the ipRGCs in vivo appears to be at about 490 nm,5 though this value is still being refined. Figure 3 shows the spectral sensitivity(or action spectra)for each of the five known types of photoreceptors, which combine in various ways to allow for visual and nonvisual processes.The mechanisms underlying some of these processes are well-known, such as how the three cone photoreceptors provide for the perception of color; whereas other mechanisms, such as those involving the body's circadian systems, are only beginning to be understood. Importantly,the responses of the photoreceptors are not static, but change based on the amount and duration of light present.6 The role of ipRGCs at various light levels is still being investigated.The response of the ipRGCs is usually referred to as the melanopic response. 4 Lucas RJ, Peirson SN, Berson DM, Brown TM,Cooper HM,Czeisler CA, Figueiro MG,Gamlin PD, Lockley SW, O'Hagan JB, Price LA, Provencio I,Skene DJ, Brainard GC. 2014. Measuring and using light in the melanopsin age. Trends in Neurosciences,37(1), 1-9. 5 CIE. 2015.TN 003:2015: Report on the First International Workshop on Circadian and Neurophysiological Photometry,2013. 6 Joshua J. Gooley, Kyle Chamberlain, Kurt A.Smith,Sat Bir S. Khalsa,Shantha M.W. Rajaratnam, Eliza Van Reen, Jamie M.Zeitzer,Charles A. Czeisler,and Steven W. Lockley. Exposure to Room Light before Bedtime Suppresses Melatonin Onset and Shortens Melatonin Duration in Humans. J Clin Endocrinol Metab.2011 Mar;96(3): E463— E472. 4 1.00 Erythropic (Long Cone) 0.90 Chloropic (Medium Cone) 0.80 Cyanopic (Short Cone) 0.70 - Melanopic (ipRGC) Rhodopic (Rod) 0.60 —Photopic V(X) �n 0.50 a) 0.40 , r cc 0.30 0.20 0.10 0.00 380 430 480 530 580 630 680 730 780 Wavelength (nm) Figure 3.Spectral sensitivity(action spectra)of the five known human photoreceptors, along with VA, the photopic response curve used to define and quantify lumen output from a light source.Data from CIE TN 003:2015. As it pertains to the issues related to "blue light," the corresponding melanopic action spectrum encompasses a wide range of wavelengths that extends well beyond the nominal definitions of"blue." In other words,while some portion of the melanopic response occurs with short wavelengths that are typically recognized as blue, it's also influenced by colors outside of those wavelengths. Furthermore, it should be noted that ipRGCs don't act in isolation when it comes to influencing the biological clock; that is, the rods and cones also play a role, although the full extent of their contributions is not fully understood at this point.' How do LEDs create white light? The most common white LEDs today employ blue-pump LED chips that, at the chip level, produce an SPD peak centered somewhere in the range of about 445 to 465 nm. Light from the LED chip passes through a phosphor layer that converts most of the chip's output into longer wavelengths,typically in the green,yellow, orange, and red parts of the spectrum.The mix of these colors produces white light. However, there are other methods of producing white light, which are less common but offer greater flexibility for adjusting the SPD. One such method is to combine LEDs of different colors—such as 'Lucas RJ,et al, op cit. 5 phosphor-converted LEDs (PC-LEDs) in combination with other LEDs that emit specific colors(see Figure 4)—or to combine multiple LEDs of various colors, which can be varied in relative output to attain any apparent color of light desired. Systems offering dynamic adjustability tend to be more expensive and thus have been employed less frequently in street lighting and other outdoor applications to date. 4 . Figure 4.PC amber-cyan-violet flat lens chip array(ledengin.com). Health concerns Why is so much attention being paid to "blue light" right now? In the last two decades,the medical research community has learned much about light's role in the physiology of plants and animals,8 some of which has focused on the influence of short-wavelength light. Researchers have demonstrated, for example, the ability of such light to affect circadian rhythm (the 24-hour"biological clock"). Humans and other organisms have evolved this biological response to regular periods of daylight and darkness. In the early 2000s, researchers were able to identify a class of previously unknown photoreceptors,the ipRGCs (see "What are the five types of photoreceptor in the human eye, and what is an action spectrum?")that links directly to parts of the brain outside the visual cortex.9 The peak sensitivity of this type of photoreceptor in a 32-year old male is at approximately 490 nm,with the raw sensitivity of its photopigment (melanopsin) at around 480 nm.10 Both of these peaks fall at the upper end of the range commonly described as "blue." Simultaneously with the rise in our understanding of nonvisual photoreception, LEDs have emerged as a viable light source for general illumination. Because of the rise in use of white LEDs for outdoor lighting, and their relatively greater short-wavelength content compared to the high-pressure sodium (HPS) products they're typically replacing, concerns have arisen that the potentially increased presence of short wavelengths in the night environment may be detrimental to health. 8 For a review,see Lucas RJ,et al,op cit. 9 Berson DM, Dunn FA,Takao M. 2002. Phototransduction by retinal ganglion cells that set the circadian clock. Science 295(5557):1070-3. Hattar 5, Liao HW,Takao M, Berson DM,Yau KW. 2002. Melanopsin-containing retinal ganglion cells:architecture, projections,and intrinsic photosensitivity.Science 295(5557):1065-70. 10 CIE. 2015.TN 003:2015: Report on the First International Workshop on Circadian and Neurophysiological Photometry, 2013. 6 However, it's important to note that the spectral content of LEDs can be engineered to provide any action spectrum desired—for example, to provide more ipRGC stimulation, or less of it.This characteristic has also contributed to the discourse of how LEDs could help—or harm—lighting users. What are the specific lighting-related health concerns that have been raised? Two examples, taken together, summarize the issues. One source concluded: "These findings indicate that room light exerts a profound suppressive effect on melatonin levels and shortens the body's internal representation of night duration. Hence,chronically exposing oneself to electrical lighting in the late evening disrupts melatonin signaling and could therefore potentially impact sleep, thermoregulation, blood pressure, and glucose homeostasis."11 Another summary of the issues as of 2013 reported: "It is now clear that electric lighting, including indoor evening light levels, has strong effects on human circadian rhythms in physiology, metabolism, and behavior. Recent experimental evidence in humans has shown, for example,that the lighting commonly used in the typical home in the evening is enough to delay melatonin onset and blunt its nocturnal peak (36). Even the display screens of personal computers, which often emit light rich in the blue portion of the visible spectrum, can alter melatonin production in the evening (41). It is not certain that these alterations can, in fact, increase breast cancer risk;that evidence is accumulating but is not yet conclusive. However, chronic disruption of circadian rhythmicity has the potential to yield serious long term health consequences."12 Is short-wavelength light harmful to the eyes? This question refers to the risk of physical damage to the retina as a result of direct exposure to short- wavelength light, and is separate from the circadian-disruption concerns that are the main focus of the AMA guidelines. In typical situations using common electric light sources, there is no danger to the eyes from short wavelengths, regardless of the source type.The DOE Fact Sheet Optical Safety of LEDs makes 11 Gooley et al,Conclusions. 12 Richard G.Stevens, PhD,George C. Brainard, PhD, David E. Blask, PhD, MD,Steven W. Lockley, PhD,and Mario E. Motta. MD. Breast Cancer and Circadian Disruption from Electric Lighting in the Modern World,CA Cancer J Clin. 2014 May;64(3):207-218. 7 this clear and provides a detailed description of retinal hazards posed by lighting in more specialized situations, along with references to international standards on the safe use of lighting products.13 Why not remove shorter-wavelength emissions from our outdoor light sources? Short wavelengths are a fundamental component of the visible spectrum and have their benefits, ranging from aesthetics to safety. White light sources containing short-wavelength light generally render nighttime colors more similarly to daylight, aiding in identification (e.g., of vehicles, clothing, people)and improving contrast between an object (e.g., road debris) and its surroundings. Short wavelengths are also acknowledged (e.g., in IES TM-12 Spectral Effects of Lighting on Visual Performance at Mesopic Lighting Levels)as providing enhanced peripheral vision at the low levels of illuminance typically associated with street lighting. Researchers have found improvements in detection threshold and reaction times in simulated outdoor viewing tasks under light sources with broader spectra and better color rendering properties;these improvements occurred when target light levels were in the mesopic vision range (i.e., at typical street lighting levels).14 It stands to reason that improved visual performance can bring associated safety benefits. However,there are some instances where the benefits of omitting the short wavelengths outweigh any detriments from doing so—for example, in areas harboring endangered species that are particularly affected by short wavelengths. In such situations, it's possible to engineer the SPD of the light source to precisely match the need.This is especially true with LEDs, whose spectra are more easily manipulated than those of most conventional light sources. What factors contribute to potential health concerns about light at night? Spectrum, light level measured at the eye, duration of exposure, and timing of exposure relative to an individual's circadian cycle are believed to be the principal contributing factors to light's effects on health.15 (See also "Are some wavelengths of more concern than others?")The underlying issues are complex and involve factors that are sometimes interrelated, and sometimes external to the lighting system. Are any of the factors that are related to health concerns about light at night unique to LEDs? None of the factors or concerns raised are unique to LEDs. At the same given wavelength,there is no difference between a radiant watt of light emitted by an LED and one emitted by any other type of light source.What varies between sources is the particular combination of wavelengths in the overall output, 13 For example, IES RP-27.1-05, Photobiological Safety for Lamps and Lamp Systems-General Requirements. 14 AL Lewis(1999). "Visual Performance as a Function of Spectral Power Distribution of Light Sources at Luminances Used for General Outdoor Lighting,"Journal of the Illuminating Engineering Society, 1999. 28(1): p. 37-42. is CIE TC3-46-2016: Research Roadmap for Healthful Interior Lighting Applications. 8 and the relative amount of radiant power at each wavelength. In addition to LEDs, all conventional white light sources used for street lighting (mercury vapor, metal halide,fluorescent, induction) have SPDs with a greater proportion of their radiant power in short wavelengths than do the orange HPS sources that have dominated street and roadway lighting over the last several decades. How do light-exposure levels from street lighting compare with those from other sources? All light at night can potentially contribute to the biological responses and related health concerns described in these FAQs, to varying degrees. At least two journal articles,for example, note that the primary concern about the effects of light at night on human health is driven by interior light levels in homes and workplaces 16 17 although exterior sources can also play a role if people (or other living organisms) are exposed to high enough fi:ht level s •' • • • • e intensity and duration are identical,white light sources with higher proportions of short wavelengths (typically characterized as higher melanopic content) are more of a concern in this respect than are orange or amber sources with lower proportions of short wavelengths.The exact wavelengths of concern depend on the specific action spectrum. Because research is still ongoing, melanopic content is presently used as a proxy for most health concerns related to light at night. Table 1 lists a few relevant characteristics of various lighting products used in both interior and exterior applications, including some products that are available at different CCTs.The "% Blue" column in the table divides the radiant power delivered in the wavelengths between 405 and 530 nm (a range used for similar purposes in a number of published reports pertaining to sky glow18) by the total radiant power delivered from 380 to 780 nm (approximately the visible spectrum)for each light source.The melanopic content of a light source, listed in the last column, is the source spectrum weighted by the spectral efficiency of the ipRGCs(see "What are the five photoreceptors in the human eve?"), and is an indicator of the source's potential to stimulate a melanopic response (i.e., a response by the ipRGCs). Values in the table are normalized first to a uniform lumen output, to enable "apples to apples" comparisons among sources; and then, in the last two columns, the values are normalized relative to HPS to illustrate impact compared to the most common incumbent type of street lighting.The table lists values of% Blue, Relative Scotopic Content, and Relative Melanopic Content for a number of specific light sources. LED sources are shown with a range of values, because at any given CCT there are many LEDs with varying spectra. Conventional light sources are all listed with single values rather than a range, but they,too,would be most accurately characterized with some amount of variability. 16 Richard G.Stevens, PhD,George C. Brainard, PhD, David E. Blask, PhD, MD,Steven W. Lockley, PhD,and Mario E. Motta, MD. Breast Cancer and Circadian Disruption from Electric Lighting in the Modern World.CA Cancer J Clin. 20.14 May;64(3): 207-218. 17 Joshua J. Gooley, Kyle Chamberlain, Kurt A.Smith,Sat Bir S. Khalsa,Shantha M. W. Rajaratnam, Eliza Van Reen, Jamie M.Zeitzer,Charles A. Czeisler,and Steven W. Lockley, 2010. Exposure to Room Light before Bedtime Suppresses Melatonin Onset and Shortens Melatonin Duration in Humans.J Clin Endocrin Metab. doi:10.1210/jc.2010-2098 18 Percent blue calculated according to LSPDD: Light Spectral Power Distribution Database, http://galileo.graphvcs.cegepsherbrooke.gc.CA/app/en/home 9 Importantly, reducing the total luminous flux from a light source(e.g., by 50%, as is common when converting from HPS to LED streetlights)reduces the melanopic content by that same amount(i.e., by 50%in this example). Proper application of the values in Table 1,then, must also account for pre-and post-installation light output, in order to accurately compare pre-and post-melanopic content. Table 1.Characteristics of Various Light Sources Luminous Relative Scotopic Relative Melanopic Row Light source Flux(Im) CCT(K) %Blue* Content Content** A PC White LED 1000 2700 17% -20% 1.77- 2.20 1.90- 2.68 B PC White LED 1000 3000 18% -25% 1.89-2.39 2.10-2.99 C PC White LED 1000 3500 22% - 27% 2.04- 2.73 2.34-3.57 D PC White LED 1000 4000 27% - 32% 2.10- 2.65 2.35 - 3.40 E PC White LED 1000 4500 31% - 35% 2.35 - 2.85 2.75 - 3.81 F PC White LED 1000 5000 34% -39% 2.60- 2.89 3.18 - 3.74 G PC White LED 1000 5700 39% -43% 2.77- 3.31 3.44-4.52 H PC White LED 1000 6500 43% -48% 3.27- 3.96 4.38- 5.84 I Narrowband Amber LED 1000 1606 0% 0.36 0.12 J Low Pressure Sodium 1000 1718 0% 0.34 0.10 K PC Amber LED 1000 1872 1% 0.70 0.42 L High Pressure Sodium 1000 1959 9% 0.89 0.86 M High Pressure Sodium 1000 2041 10% 1.00 1.00 N Mercury Vapor 1000 6924 36% 2.33 2.47 O Mercury Vapor 1000 3725 25% 1.82 1.95 P Metal Halide 1000 3145 24% 2.16 2.56 Q Metal Halide 1000 4002 33% 2.53 3.16 R Metal Halide 1000 4041 35% 2.84 3.75 S Moonlight 1000 4681 t 29% 3.33 4.56 T Incandescent 1000 2836 12% 2.23 2.73 U Halogen 1000 2934 13% 2.28 2.81 ✓ F32T8/830 Fluorescent 1000 2940 20% 2.02 2.29 W F32T8/835 Fluorescent 1000 3480 26% 2.37 2.87 X F32T8/841 Fluorescent 1000 3969 30% 2.58 3.18 *Percent blue calculated according to LSPDD:Light Spectral Power Distribution Database, http://ga I i I eo.gra phycs.cegeps herbrooke.gc.CA/a pp/en/home **Melanopic content calculated according to CIE Irradiance Toolbox,http://files.cie.co.at/784_TN003_Toolbox.xls,2015 Source:MSSLC Light Post(http://energy.gov/eere/ssl/downloads/light-post-luly-2016) t Moonlight CCT measured and provided by Telelumen,LLC. Key:PC-Phosphor Converted;LED-Light Emitting Diode Are some wavelengths of more concern than others? Medical research has identified an action spectrum of wavelengths having the potential to stimulate ipRGCs (see "What are the five types of photoreceptor in the human eve,and what is an action spectrum?").Although the reported profile of ipRGC photosensitivity varies a bit among research 10 groups, the U.K.'s University of Manchester convened a workshop in 2013 to seek consensus,19 and this was followed by a CIE Technical Note in 2015, which included an approximate photosensitivity represented by the curve shown in Figure 5. The action spectrum is centered on 490 nm and extends from approximately 380 to 600 nm. Hence, green and other nominally labelled color groups also contribute to the melanopic content of a light source, which explains why even the SPD for HPS, as shown in Figure 2, has potential for stimulating the ipRGCs. Likewise, metal halide, incandescent, and fluorescent sources all possess levels of melanopic content that are determined by their particular SPDs. 1.00 0.90 Melanopic Sz(A) 0.80 0.70 it 0.60 C ,n 0.50 0.40 0.30 / 0.20 0.10 0.00 .--'t. ... .� 380 430 480 530 580 630 680 730 780 Wavelength(nm) Figure 5.Melanopic action spectrum.Source:CIE TN 003:2015, Report on the First International Workshop on Circadian and Neurophysiological Photometry,2013,published 2015. What about the "blue spike" in LED SPDs? Does it suggest an above-average content of short wavelengths? Plots of SPDs can be confusing, and the narrow peak in LED curves can be easily misinterpreted as suggesting an unusually high "blue light" content. SPDs for phosphor-converted LEDs do generally exhibit a local peak in the short-wavelength region of the spectrum, typically centered near 450 nm for most blue-pump products, as can be seen in Figure 6. Note, however, that the chart on the left in Figure 6 is portrayed in relative power terms (i.e., on a percentage scale where the maximum value is drawn at 100% and the magnitudes of other wavelengths are displayed relative to that value). A critical element not conveyed in this common plotting format is the absolute magnitude, or total quantity, of that radiant power, in radiant watts, which is displayed in the chart on the right of Figure 6 for the very same products. The red line in both charts displays an incandescent SPD for comparison, and all three products (two LED, one incandescent) have the same nominal CCT of 2800 K. 19 Lucas RJ, et al, op cit. 11 The absolute magnitudes of radiant power values determine both the lumen output and melanopic content of a given product. Relative values, in contrast, are independent of lumen output.As an illustration,one of the products on the left in Figure 6 might be emitting 10 lumens and another one 10,000 lumens,and there's no way of discerning that difference from this format.The relative format by itself is thus of limited use in comparing any two actual light products in terms of their melanopic content or any other"real-world" characteristics. 0.9 0.8 0.04 Melanopic action spectrum peaks here 0.7 3 0.6 0.03 g 0.5 0.4 0.02 0.3 .4\411111111# 0.2 0.01 0.0 . ... . ,... . ._ ...._.. .._.._, 0.00 380 430 480 530 580 630 680 730 780 380 430 460 530 580 630 680 730 780 Wavelength(nen) Wavelength(nm) Figure 6.SPDs for two LED products displayed in terms of both relative(left)and absolute(right)magnitude of radiant power (W/nm). The red line displays an incandescent SPD.All products are nominal 2800 K CCT. The absolute magnitude plots on the right are normalized for lumen output. It's also important to note where the peak in the short wavelengths occur.The LED"blue spikes" in Figure 6 occur some distance away from the peak of the ipRGC action spectrum (which was shown in Figure 3), indicated here by the arrow at 490 nm. In fact, the radiant power of the LEDs is in a trough at this point. In comparison,the incandescent source exhibits a significantly higher amount of radiant power at this particular wavelength, which explains why the incandescent listed in Table 1 (Row"T") shows a higher melanopic content than the majority of the LED products at 3000 K(Row "B"), even though the latter are at higher CCT. In fact, the melanopic content of the incandescent falls roughly in the midpoint of the range listed for LED products at 4000 K CCT(Row"D"). Such a result is likely to come as a surprise, based on a first impression derived from viewing the chart on the left in Figure 6. Are brightness and glare particular problems for LED? Glare and perceived brightness are both related to the spectral content, light output, and optical design of a luminaire, as well as the perception of the viewer. For a variety of reasons that haven't been entirely identified by the lighting research community, the same installation may be perceived quite differently by different viewers. A common approach in the early implementation of LED lighting products was to replace incumbent HPS products on an equivalent average illuminance basis.This often resulted in an overly bright appearance, 12 according to typical comments received at the time.20 Such early feedback compelled city engineers to reduce the target light levels when using LED products, which largely eliminated the corresponding complaints. LEDs can still appear bright and/or glaring if the observer has a direct view of them, however—especially from viewing angles near the streetlight's maximum intensity. Among the factors influencing a perception of glare are the luminance of a given object, the apparent size of the object,the luminance of the background,the position of the object with respect to the observer's line of sight, and the pattern of luminance across the light-emitting surface. While all lighting sources can potentially cause glare,the small surface area of LEDs translates into a high luminance that can emphasize this characteristic if not sufficiently addressed in the luminaire's design. Fortunately,the manufacturers of quality lighting products—LED and traditional—have developed a number of approaches for mitigating glare. With LED sources these approaches often involve limiting direct viewing of the LEDs—for example, using diffusing materials or wave guides to reduce luminance by increasing the apparent size of the emitting area—but use other methods as well, such as limiting luminance at high emission angles. The numerous low-glare products available on the market today attest to the fact that careful product design can strike an acceptable balance between performance and obtrusive light. Neither glare nor excessive brightness is a necessary compromise when using LEDs or any other type of light source. Is CCT a good predictor of the impacts of lighting on health? CCT is an approximate but unreliable metric for gauging the potential health and visibility influences of a lighting source.Although CCT roughly tracks with short-wavelength content (higher CCT often corresponds to higher short-wavelength content, and vice versa),the SPDs of different light sources vary enough that they can't be used as reliable predictors of that content. The relationship between CCT and melanopic content is markedly weaker for sources that combine narrowband emissions than for sources with a more continuous spectrum. An example is LED products using individual red-green-blue (RGB) emitters. Figure 7 uses a wide range of products to illustrate the unreliability of using CCT to predict melanopic/photopic (M/P) ratios, an indicator of relative melanopic content. In Figure 7, higher M/P ratios indicate products with relatively greater potential for stimulating the ipRGCs.A fair amount of variability in M/P ratio (as shown by position on the y-axis) can be seen among sources even of the same type at a given CCT. But the greatest variability is evident in products identified on the chart as"LED Mixed." (e.g., see "How do LEDs create white light?" and Figure 4 in 20 A common explanation put forth was that products of higher CCT are always perceived as brighter. However,a variety of studies have not supported this conclusion;e.g., see the review of 70 studies of spatial brightness perception in S Fotios, D Atli,C Cheal, K Houser and A' Logaddttir. Lamp spectrum and spatial brightness at photopic levels:A basis for developing a metric. Lighting Res.Technol. 2015;Vol.47:80-102. 13 particular.) LEDs that incorporate increasingly sophisticated combinations of chip types, each with different spectral characteristics, are expected to become increasingly common and will increase the variety of SPDs available. For these products in particular, CCT is at best a dubious metric for their ability to influence health in the manner under discussion. Similarly, selecting products based only on CCT is clearly not a reliable approach to minimizing ipRGC stimulation. 3.0 Amber LED • •'PC-White LED • ,;HP5 • • 2.5 — LPS •Metal Halide *•Fluorescent(Induction) 2.0 _ • •Halogen • • • LED Mixed • • o c . • Mercury Vapor . 414cc• c 1.5 — • 2 •' •• • • • • nn 1.o — . . . . .. . ..... . i • • • 0111 0.5 — • 1000 2000 3000 4000 5000 6000 7000 8000 9000 CCT(K) Figure 7.Calculated M/P ratio vs.CCT for a wide range of light sources,relative to incandescent. If seeking to reduce potential impact from short-wavelength content, how does reducing light output compare with changing the CCT? The melanopic content values listed in the last column of Table 1 are given as ratios that are normalized for equivalent lumen output; they scale (i.e., they increase or decrease) linearly with changes in that output.Thus it's easy to compare the effectiveness of selecting spectral content versus reducing light output as alternatives for reducing melanopic content. For example, assuming that midpoint values of the listed ranges in Table 1 represent each product, substituting a 3000 K LED (melanopic content of 2.55)for a 4000 K LED (melanopic content of 2.88)achieves an averaged reduction in melanopic content of 11.5%, all other things being equal. Alternatively, an equivalent reduction can be achieved by reducing the output of the 4000 K LED luminaire by a similar amount (11.5%), by either reducing the luminaire's light output or dimming it. 14 These two approaches are not mutually exclusive and can be combined to achieve even greater reductions. However, dimming offers some additional distinct advantages: • The reduction achieved by substituting a lower CCT depends entirely on the actual SPDs of the various products being considered. In contrast, dimming the lights by whatever percentage of full output achieves a corresponding reduction independent of SPD, and can be carried out all the way to 100%dimming at certain times of night (if acceptable from safety and other perspectives). • Dimming is accompanied by direct reductions in energy use and associated costs of operation, and may offer longer product life. • Dimming can also be used to address complaints of brightness or overlighting,whereas substituting a lower CCT may or may not address such complaints. If done well, dimming is an effective approach for addressing the potential influences of short- wavelength content. Relatively few dimming systems for street lighting have been installed in the U.S. to date, but the existing installations have confirmed the anticipated benefits of this approach. For example, the city of Cambridge, MA, dims its 4000 K LED streetlight system by 50%after midnight (Figure 8), with corresponding reductions large enough that the system subsequently produces less melanopic content than the HPS system it replaced.21 Notably,the system's designers report that not a single complaint about the dimming of the system has been received following its implementation.22 An increasing number of municipalities are considering dimming systems for inclusion with their lighting conversions. 21 See further detail in the July 2016 Light Post newsletter. 22 Personal communication, Paul Lutkevich,WSP I Parsons Brinckerhoff. 15 f 110 V. • Fig 14,1 71-4 _ �! *41441, "�E�aae t Figure 8.4000 K LED Street Lighting System in Cambridge,MA,shown at initial startup at dusk(left)and 50%dimmed after midnight(right). Photos:WSP/Parsons Brinckerhoff LED street lighting When did LED streetlights first appear on the general illumination market? Although monochromatic LEDs first gained prominence in the electronics industry in the 1960s,the first high-brightness blue LED didn't appear until the 1990s. White LEDs were later built using blue LEDs by passing the short-wavelength light through phosphors to produce a mix of different wavelengths,which yielded white light. The high cost-to-performance ratio of these early white LEDs kept them at relatively low market penetration for the first few years after their introduction, but the situation quickly changed as prices dropped. For example, DOE's 2013 LED Market Adoption report estimated that only 200,000 LED streetlights had been installed cumulatively as of 2010 in the United States, but this number had jumped to 1 million units only two years later. 16 How many LED lights with CCT of 5000 K or higher have been installed outdoors? Although the actual number is unknown, it's believed that relatively few such LED lights have been installed outdoors in the U.S.There's no known documented inventory of installed outdoor LED products categorized by CCT, and estimates differ by application.23 There were a few smaller-scale pilot studies and other installations involving products with CCT>_5000 K in the first few years of LED outdoor lighting installations, but the street and roadway lighting community quickly converged around a warmer 4000 K as soon as that CCT became widely affordable (around 2010). From then to 2016,the vast majority of municipalities and utilities(including,for example, the cities of Seattle, Los Angeles, Las Vegas, Boston, New York, New Orleans, Detroit, Kansas City, and many others)favored 4000 K CCT products for LED street and roadway lighting applications. More recently, with continued improvement of the technology, a number of cities are now considering 3000 K and, in some cases, even lower CCTs. Why did early LEDs have CCTs of 5000 K or more? High-CCT white LEDs were more available, more efficient, and less expensive than lower-CCT versions during the technology's early years. In PC-LEDs, narrow-band short-wavelength light produced by semiconductor material is passed through phosphors that convert most of it into other colors; the resulting light spectrum appears white to the human eye. Efficiency losses occur during the color conversion, and these losses are greater when creating warmer CCTs,translating into lower luminous efficacies(lumen output per watt of electrical input power). Because the early-production white LEDs were relatively low in efficacy, manufacturers emphasized sales of more-efficacious higher-CCT products. Since then, however, LED technology has advanced to the point where even warmer-CCT products are highly efficacious, especially when compared to traditional lamp technologies. However, even today a higher-CCT LED continues to be more efficacious than a similar LED at lower CCT, all other things (e.g., color quality and color rendering ability) being equal.24 Why is there so much emphasis on efficiency in the implementation of LED lighting products? Efficiency, or luminous efficacy(lumen output per watt of input electrical power) in the case of lighting, translates into lower utility costs and environmental benefits from reduced energy use. Even small improvements in efficacy can lead to large benefits on a national scale, in terms of energy cost and power-plant emission reductions,for example. 23 For example,due to the"sparkle" offered by higher-CCTs, 5000 K appears to be the favored choice for service stations. Residential areas tend to show a greater preference for CCTs lower than 4000 K. 24 Both the variation in efficacy by CCT and the overall trend of efficacy during the last several years can be seen in the Outdoor Area Lighting CALIPER Snapshot. 17