The URL can be used to link to this page

Agenda 12-14-23 The City of h "t I�m ldtt yY Boynton Beach x� Art Advisory Board Agenda Thursday, December 14, 2023, 6:30 PM City Commission Chambers 100 E. Ocean Avenue Boynton Beach, FL 33435 Boynton Beach Art Advisory Board Clovis Moodie, Vice Chair Cynthia Alexis, Member Susan Froelich, Member Gregory Hartmann, Member Dr. Phyllis Pacilli, Member Margaret Roberts, Member Hector Velazquez, Member Breion Moses, Alternate Ace Tilton Ratcliff, Alternate *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www.boynton-beach.org ............................................................................................................................................................................................................................................................ 1 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Agenda 5. Informational items from the Board 6. Approval of Minutes A. Approve Minutes from the June 29, 2023 Meeting - Tabled August 10, 2023 Motion to Approve Minutes B. Approve Minutes from the August 10, 2023 Meeting Motion to Approve Minutes 7. Public Audience Individual speakers will be limited to 3 minutes. 8. Announcements/Presentations/Correspondence A. Art Advisory Board Chair to Welcome New Board Members No action to be taken B. Power of Public Art Program: Lunch and Learn Announcement C. Highwaymen Art Show Announcement D. it Project Update Staff to announce the various events and initiatives taking place as part of the Unity Project. No action needed. E. Art & Autism Expo Exhibition Announcement 9. Action Items 10. Unfinished Business A. City Commission Ordinance Changes Adopted on September 14, 2023 City Attorney to provide update on ordinance changes. No action to be taken. B. Mural Program Ordinance 22- No action to be taken C. Art in Public Places Criteria Guidelines No action to be taken 11. New Business 2 12. Future Agenda A. Update ODFlorida State Grant for "Specific Cultural Project" Date TBD B. Revise Art in Public Places Program Guidelines Date TBD C. Create Public Art Master Plan - Identify Art Locations and Establish a Priority Order Date TBD 13. Adjournment Notice If a person decides to appeal to 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 proceedings is made,which record includes the testimony and evidence upon which the appeal iohobobased. (F.8. 280.O1O5) 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, (501)742'0O0Oor(TTY) 1'8OO'055'8771.atleast 48hours prior hothe program oractivity inorder for the City horeasonably 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 6.A Approval of Minutes 12/14/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 12/14/2023 Approve Minutes from the June 29, 2023 Meeting - Tabled August 10, 2023 Requested Action: Motion to Approve Minutes Attachments: Minutes -2 -23. 4 Minutes of the Art Advisory Board Meeting Held on Monday, June 29, 2023, at 6:30 P.M. At City Hall Commission Chambers 100 E. Ocean Avenue, Boynton Beach, Florida PRESENT: Clovis Moodie, Vice Chair Glenn Weiss, Public Art Manager Gregory Hartmann Sophia Burnston, Public Art Intern Phyllis Pacilli Sam Velazquez Ace Tilton Ratcliff, (arrived 6:31 P.mM) Cynthia Alexis ABSENT: Courtlandt McQuire I. Call to Order Clovis Moodie, Board Chair, called the meeting to order at 6:30 P.M. A. Roll Call Roll was called. A quorum was present. B. Excused Absence Requests None C. Appointment of alternate(s) for absent member(s) D. Agenda Approval or Amendments Motion Dr. Pacilli moved to approve the agenda. Mx. Ratcliff seconded the motion. The motion passed unanimously. E. Approval of Minutes May 11, 2023 meeting minutes are approved as written or amended. (Ex. A) Motion Mr. Hartmann moved to approve the minutes. Mx. Ratcliff seconded the motion. The motion passed unanimously. 5 Meeting Minutes Art Advisory Board Boynton Beach, Florida June 29, 2023 F. Informational Items from the Board Dr. Pacilli stated that she went by the mural at the pawn shop and that the artist did a phenomenally good job. She said that she also went by the Oakwood Square and spoke to a manager and said that everyone loves the inside part of the bench, but that everyone hates the pink V on the backside. She mentioned that they wished that the part that faces Congress Avenue would be painted over. Mr. Hartmann and Mr. Velasquez agreed that the pawn shop mural was great. Chair Moodie stated that she was privileged to speak about the art at the Riverwalk Ribbon Cutting. She said that it is a beautiful facility and noted that the artist was present, but did not want to be spotlighted. G. Public Comments None. H. Announcements/Reports/Presentations A. Exhibitions 1, Turgo Bastien and Traditional Haitian Artists: Closed on June 25 (Ex. B) Chair Moodie announced that this exhibit closed. B. Grants / Fundraising 1. Mellon Foundation Application$100,000 Grant submitted on May 23, 2023 Mr. Weiss stated that the Mellon Foundation had requested additional minor information and were giving off signals that the City would receive the $100K by August 1St, but that it is not a guarantee. He advised that the Mellon Foundation Board meets in two weeks to make the final decision and that these funds would be used to support the Heart of Boynton Unity Program next year, and to recognize the HOB Neighborhood on the 100th Anniversary of the Residential Segregation Ordinance. 2. Florida Grant: Governor approved the Art Grants at 67% of proposed awards. Mr. Weiss advised that the City applied for a $25K grant, to support the Art Program, and 67% would be about $16K, but he has not received any official announcement about it. He advised that if the economy holds, and development occurs, the program would be out of debt and the funds would not be 2 6 Meeting Minutes Art Advisory Board Boynton Beach, Florida June 29, 2023 used for salaries. He also clarified that the grant funds would not roll over to next year, and would be spent. C. Closed Opportunities 1.Six Sculptures Application: Closed on June 7 Chair Moodie announced that this exhibit closed and it is a general pool of artists that developers can use, to find artists for their building projects. Mr. Weiss explained the process to the Board. D. AiPP and Private Development. 1. Development Page Update (Ex C) Mr. Weiss stated THAT the members may see a new project on Congress Avenue. 3. Action Items A. Motion: The artwork proposal titled "Harmony" by Patti Warashina at South Florida PBS /WXEL, 3401 S. Congress Avenue, is approved to satisfy the Art in Public Places requirement for the Cornelia T Bailey Cultural Arts Center addition. (Ex D) Note: Artwork location was approved by the Board on July 14, 2022 Mr. Weiss commented that the Board saw this project once before and had reviewed the site. He explained that when that was approved, WXEL looked for an artist and they identified her and her piece as noted above. He said that she is a prominent and senior artist in the Northwest and that this piece is 15 feet tall and it will be her first work in Florida. Dr. Pacilli stated that she does not like what was proposed. She said that she will not approve it, and she thought it was inappropriate. She suggested it was fine that they want to make changes, but that it was a naked woman sitting there and it does not look right. She suggested the artist make modifications. Mx. Ratcliff commented that the Board had asked for modifications, but not censorship, which they felt was completely against the role of the Art Board. They suggested, in the role that artists play, that censorship is not within the Board's purview. They said that it is one thing to dislike the art because they do not like it, but it is another to ask them to change it because they want it censored. Mr. Hartmann commented that he was not a fan of it because he thinks it is ugly; it is large, near the side of the road, part of a public institution, and he did not want another 20 feet tall piece of art. He stated that people will ask him if he is on the Art Board, and why the art is not pretty. He noted that Delray Beach completed their pineapple mural, but it replaced an iconic piece on 2nd and Atlantic Avenue. He noted that he was against 3 7 Meeting Minutes Art Advisory Board Boynton Beach, Florida June 29, 2023 demolishing it, but they wound up with something better. Dr. Pacilli agreed that the piece was ugly, reiterating just like the V on the runway at Oakbrook Shopping Center that faces the street, and she also said that people ask if she approved it. Mr. Weiss stated that the requirement is that they have to spend money on art, on the property. He expressed his surprise and questioned if the role of this is Board is to determine that they like the art or not. He advised that the work is done by a high-quality artist that meets the criteria as a public artist and meets the general standards of the community, as the developer brought forward the art they want to purchase for the site. He mentioned that it is the owners risk the community won't like the work. Mr. Hartmann agreed, but stated that as a Board Member, he is questioned a lot about art that people do not like. He stated that the Board did direct the art for Gator Storage and the artists changed the art to accommodate the Board's taste. He commented that this art may be prominent in the Northeast, but this is South Florida. He questioned if the sculpture would look appropriate next to the Woman's Club. Mx. Ratcliff said that they thought this piece is indicative of the artist's work. They stated that the artist was exceptionally cool and did not think, subjectively, it is the Board's job to say if they like the piece or not, if it meets the criteria that the program has for the developers. They noted, regarding the public's concern about art, that no one from the public was present. Dr. Pacilli noted that the Board reviewed all the kinetic pieces, and that this was no different. Mx. Ratcliff explained that it is different than this, as this is on someone's property and the developer wants this piece. Mr. Weiss stated that the criteria is specific: does the artist have professional standing?; can the piece be well made and maintained; and does it violate community standards?. He stated that it is not an aesthetic judgment. Motion Dr. Pacilli moved to table it. Mr. Hartmann seconded the motion for discussion. Mr. Weiss said that from a social perspective, it has nothing to do with the Board and they announced that this project was moving forward. He noted that this is a very expensive piece of art. 4 8 Meeting Minutes Art Advisory Board Boynton Beach, Florida June 29, 2023 Mr. Hartmann commented that the piece is 23 feet tall and it does not identify with the cultural identity of Boynton Beach. Mr. Weiss stated that the piece is 12 feet tall and 15 feet with the base. Vote The motion passed. Mx. Ratcliff suggested that since it is tabled, the discussion at the next meeting should include a copy of exactly what they should be discussing. Mr. Hartmann suggested that Mr. Weiss let WXEL know it does not fit the character of Boynton Beach's artistic identity and that he believes the Board's mission is to further the City's cultural and artistic identity and that the Board Members should help curate the look and feel of the art in Boynton Beach. B. Motion: The following artists accepted into the Artist Roster 2023-2026 for possible selection for public art projects with the City and others. Carlos Azuaje, Daniela Sanchez Vegas, Delia Miller, Elise Rubin, John Carollo, Keith Doles, Lee Bell, Lupe Lawrence, Melissa Mastrangelo-Diaz, Michelle Drummond, Richlin Burnett-Ryan, Sara Augustin, Sitki Dogan and Tiffany Beasi Note: The review and voting by the Board was on May 11, 2023. (Ex E): Mr. Weiss explained that he had presented the tally of artists the Members had previously voted on as noted above and he had explained the scoring. He advised that the votes are noted for the public record and that the Board needs to ratify their decision. Motion Mx. Ratcliff moved to accept the votes they selected, so that they can put forth this group of artists. Mr. Hartmann seconded the motion. The motion passed unanimously. 4. Old Business None 5. New Business None 6. Future Agenda Items 5 9 Meeting Minutes Art Advisory Board Boynton Beach, Florida June 29, 2023 Mr. Hartmann asked who shapes the identify of Boynton Beach and that maybe it should be part of the Mission Statement. Chair Moodie asked how much weight is given to considering the developer's interest in using art to promote their business. She asked how the proposed artwork ties in to what the developer is doing and noted that on one side, they have Boynton's artistic identity, and then a developer who is funding to help them brand. She stated that they have to blend the two and they have to find a balance between the two. Mr. Hartmann suggested that the Board have a discussion and work with developers who want to work with creative minded people on behalf of the community. Mr. Weiss said that it was his experience that generally, developers want to place art that is pleasing to the community. The members discussed their experiences with art in Vero Beach, Sanibel, and Savannah and that they favored themed art. Dr. Pacilli stated that thought the matter may have to go to the City Commission, if the art does not have a theme, and she wanted to make sure they are going in the correct direction. Mr. Weiss asked, on a different note, that given this and the schedule related to the Mellon Foundation, it may be best to hold another meeting in three weeks. He commented that he had planned to skip the July Meeting, and asked if they should meet in August or September. He stated that he would not know about the grant until the end of the month. Mx. Ratcliff suggested that they discuss this issue on August 10th. The members agreed. 7. Adjournment Motion Dr. Pacilli moved to adjourn. Mx. Ratcliff seconded the motion. The motion passed unanimously. The meeting was adjourned at 7:11 P.M. Catherine Cherry Minutes Specialist 6 10 6.13 Approval of Minutes 12/14/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 12/14/2023 Approve Minutes from the August 10, 2023 Meeting Requested Action: Motion to Approve Minutes Attachments: Minutes -1 -23. 11 Minutes of the Art Advisory Board Meeting Held on Monday, August 10, 2023, at 6:30 P.M. At City Hall Commission Chambers 100 E. Ocean Avenue, Boynton Beach, Florida Present: Clovis Moodie Glenn Weiss, Public Art Manager Gregory Hartmann Stacey Irsay, Public Art Coordinator Dr. Phyllis Pacilli Sophia Burnston, Public Art Intern Sam Velazquez Amelia Jadoo, Interim Assistant City Attorney Cynthia Alexis, (Present Via Zoom) Ace Ratcliff I. Call to Order Chair Moodie called the meeting to Order at 6:30 P.M. Chair Moodie read rules of civility and decorum, which outlined that Public Comments must be addressed to the Board as a whole. She reiterated that personal attacks, rudeness, or lack of respect is prohibited; there will be no yelling, stamping of feet, and that any other similar demonstrations are prohibited. a. Roll Call Attendance was taken. A quorum was present. b. Excused Absence Requests None c. Appointment of alternate(s) for absent member(s) None d. Agenda Approval or Amendments Motion Mr. Hartmann moved to approve the Agenda. Dr. Pacilli seconded the motion. The motion passed unanimously. e. Review of Voting Process. 12 Meeting Minutes Art Advisory Board Boynton Beach, Florida August 10, 2023 Mr. Weiss explained the process to remove an item from the Table as noted below:.. i. Removing Items from the Table ii. Prior to Discussion, a motion should be moved and seconded iii. Voting by Zoom or telephone He explained there is voting by Zoom. iv. Public comments includes letters Motion Dr. Pacilli moved to remove the Harmony Item from the table. Mr„ Hartmann seconded the motion. The motion passed unanimously. II. Approval of Minutes (Postponed until Sept Mtg.) Motion: June 29, 2023 meeting minutes are approved as written or amended. (Ex. A) This item was continued to the next meeting. III. Informational Items from the Board Mr. Hartmann shared that he went to Delray Beach twice this month and that it had a neat exhibit at the Old School Square Park done on pieces of 4 x 8 plywood. He also commented that they had some kinetic art there, which was good. Dr. Pacilli said that she went to the pawn shop twice and the art is fantastic. She said that as a Board Member, they are appointed to represent the public, their own views and the views of others. She said as to the Harmony Piece, she went to both Barrier Free and Caloosa Park, asking residents to look at the picture and asked if they would like it in front of WXEL. She did not survey anyone who was not a resident and she asked 147 people to get the public's opinion about the art. She stated that her survey unofficially reflected 41 had a positive response of some sort, and that 106 had negative responses. She emphasized that they were all strangers. She said that she has a report, and commented that she felt that as an appointed member, it is their due diligence to ensure that the people they represent are represented. Mr. Velazquez commented that he was in Boston and New York for the month of July, and that he went to the Metropolitan Museum of Art. He said that there were many, many exhibits and countries represented. IV. Public Comments 3 minutes per speaker. In-person speakers, then followed by Zoom speakers. Chair Moodie opened the floor to public comments and explained that the Board will listen, but will not have a question and answer session. 2 13 Meeting Minutes Art Advisory Board Boynton Beach, Florida August 10, 2023 The following individuals spoke in support of the artwork by Artist Patti Warishina and letters received in support are attached to the minutes: Jeneissy Azcuy, Senior Vice President of Marketing, Communications, and Education Outreach for South Florida PBS, stated that the piece represents PBS's core values of innovation, creativity, diversity, inclusion and resilience. Tony Newbold, longtime resident of Boynton Beach, commented that the piece highlights the positive influence of music and it embodies the spirit and inclusivity that South Florida PBS is known for. Dana Hearst, Palm Beach County Resident, said that the piece represents Palm Beach County's rich Asian History. Kim Taylor, Artist and Teacher, Delray Beach, said that many renown artists had their works considered controversial, political, abhorrent and even subversive, but the piece can stand the test of time. Anna Cardenas, South Florida PBS employee, said that art in different mediums and styles unifies communities. Victoria Gallo, Lake Worth resident and PBS employee, stated that the piece was perfect for the WXEL site. Sara Wong, Delray Beach resident and teacher, commented that the piece is representative of the City's Asian community; diversity does matter and it is important to bring other artists into the community so the community can be inspired and seek the differentiating factors that sets them apart. She said that it could be an amazing installation. Penny Bernath, Education Director with South Florida PBS, stated that the piece fosters curiosity and children found it curious. Joyce Belloise, Senior Vice President Content and Station Manager with South Florida PBS, said that when she started out with the company she was passionate about telling the diverse stories for this region. She read a statement from Carla Stansifer, Art Curator, Morikami Museum, who said that she supported the piece for the location. Joclyn Cheml, Artist and Teacher from Delray Beach, commented that the piece promotes imagination and fantasy, which is paramount in child development. Derek Calhoun said that it was remarkable to him how munch sexuality others are finding in the art, He stated that one's aesthetic and preference for the art is not a strong element to consider in their decision making, as part of the constrains put on the Board are in place to prevent the Board from censoring the art. 3 14 Meeting Minutes Art Advisory Board Boynton Beach, Florida August 10, 2023 The following individuals spoke in opposition to the artwork by Artist Patti Warishina, and letters received in opposition are attached to the minutes: Cindy Falco-DiCorrado, City resident, said that they do not want diversity, but do want unity, and that the piece is Satanic and political. Angela Cruz, City Commissioner, announced that it goes against the will of her constituents and the Board should help local artists. She requested more feedback be received before spending public dollars. Ruth Fieldbeck said that a kneeling statue was inappropriate and that the piece could invoke strong negative reactions that could cause controversy and citizens to be hurt. Sghe stated that the piece did not exude inclusion as the piece looks like a person of heritage and the piece could be very offensive. Jackie Dobbans, long-time resident; said that the piece was disturbing, demonic, intimidating, and scary, and all of the artist's works are Satanic. She mentioned that everything on Ocean Avenue was Satanic, and she said that the community does not want the art. Debbie Macchia, Boynton Beach resident, said that the statue is ugly and weird, scary and not unifying, and that the piece should have been made by a local artist. She supported installing art that everyone would be happy about. Debra Tarca, Boynton Beach resident and artist, stated that the statue does not contain any elements of what the City represents and should be in a museum. Don Hoffman, Boynton Beach resident, indicated that he thought the piece should be inside a building. He noted that those in support of the artwork are PBS employees. Donald Tarca, Boynton Beach resident, said that the piece is very sexual, not appropriate, disturbing and scary for children. Rob Kotelerico, friend of a Boynton Beach resident, commented that the statue is hideous and the work should be from a local artist. Hope Muglet, teacher, said that her 8th grade students are struggling, the piece is shapeless, destructive, upsetting and is similar to item 22 of a 1958 communist agenda that she read. "Joseph", long-time Boynton Beach resident, commented that communism is an alien way of thinking and it is the source of this kind of garbage. He said that the Art Board is trying to bring the community down and that Harmony is a communist propaganda term and the Art Advisory Board Members are propagandists. He said the Board disgusts him with all the garbage posted around. 4 15 Meeting Minutes Art Advisory Board Boynton Beach, Florida August 10, 2023 Eric Pardy, Delray Beach resident, expressed that the art is politically motivated and not representative of a coastal fishing town. He said that diversity, equity and inclusion is causing division and this is supposed to be the United States of America. Janet Thompson, Artist, conveyed that the statue is a non-binary and very sexually enticing, satanic piece that will impoverish the City and be detrimental to how people behave in the City. Thomas Turkin, Boynton Beach Vice Mayor, said that the piece is not art that belongs in Boynton Beach and it should be sent back. No one else coming forward, Public Comments was closed. V. Announcements/Reports/Presentations A. Exhibitions (Ex B) a. Parks & Recreation Month and Boynton Mailboxes. July & August Closing Parks & Rec event on August 17, 5-6 PM Dr. Pacilli stated that she attended the Boynton Mailbox and that it was fantastic. Mx. Ratcliff encouraged the audience to see what the Art Board does and stated that the Board would love to see the public at these exhibits, as it is good for the community to be involved more often, rather than in just one moment. b. Prints curated by Joseph Velasquez. Opens September 15, 5:30-7:00 PM B. Grants / Fundraising a. City Awarded Mellon Foundation Grant of $100,000 for Heart of Boynton Unity Project Mr. Weiss announced that this grant was received. b. Florida Grant FY24. Applied for FY25 for Kinetic Biennial Mr. Weiss announced that the City Commission was very pleased to receive the grant and it will be announced at the next meeting. C. Opportunities a. Traffic Cabinet Wraps from Artist Roster 2023-2026. (see new business) Chair Moodie stated that this item will be addressed under New Business. Dr. Pacillii asked that if local artists could apply for the Cabinet Wrap Project. 5 16 Meeting Minutes Art Advisory Board Boynton Beach, Florida August 10, 2023 Mr. Weiss stated that this would be discussed later in the meeting. D. AiPP and Private Development. a. Development Page Update (Ex Cl) b. Review of Criteria for Approval of Private Development Artwork(Ex C2) Mr. Weiss said that in the last two years, they have not conducted a real briefing of the Board's roles and responsibilities and the guidelines of the approval process He said that the Board's job is to review the art for compliance with the AIPP Guidelines. He said that an owner can put art on their property without the Board's review, so the issue is does the art comply with the AiPP Program. Mr. Weiss reviewed that the Ordinance contains a definition of a work of art and a professional artist. He said that the Board's duties are to exercise its authority to approve, approve with conditions, or deny installations based on the AiPP Guidelines. The members can vote how they want. Mr. Weiss advised that the Art Ordinance stipulates that there will be guidelines for the Board to review the work, which he reviewed. He said that the current Guidelines and Ordinance they have were written by the Arts Commission and have not been amended since 2005. He mentioned that the Art Advisory Board did update these Guidelines for the private sector last year, and the Art Advisory Board recommended them to the City Commission, but they are still waiting to be reviewed. He commented that the guidelines in effect are the ones from 2005, that are contained on page 11, Exhibit C2 of the meeting material. (Dr. Pacilli left the dais at 7:43 P.M.) Mr. Weiss reviewed the criteria for selecting artists, as contained on page 10 and 11, and said that in addition to the criterion in the Ordinance, these add to other criterion related to the artist themselves should be utilized, which he explained. (Dr. Pacilli returned to the dais at 7:46 P.M.) Mr. Hartmann noted that they have the framework for an artist. He expressed that this is one part of how they select the art, but they also have the 2005 Guidelines, Mission Statement and Program Overview, which is Exhibit C2, which he read. Interim Assistant City Attorney Jadoo explained that this is the criteria and if the Board feels that the piece does not meet the criteria, they can vote not to accept the piece, but the focus is the criteria listed, which should support everything else. Mr. Velazquez stated that he understood that the criteria is a guide for accepting or declining work. He commented on the Program Overview, but said that when trying to 6 17 Meeting Minutes Art Advisory Board Boynton Beach, Florida August 10, 2023 isolate City images and create a positive image and identity, that is where one can get into a belief system and a political agenda. He requested confirmation that they must conduct due diligence using the criteria. Interim Assistant City Attorney Jadoo responded that they do. Mr. Hartmann stated that page 12, was the nuts and bolts that they are reviewing, but thought that pages 12, 13, 14, were excluded from their thought processes, and that they would better shape their decision-making processes as contained on pages 41 and 42. He said that he thought he should be guided by those other purviews. He said that he wanted to ensure the Board Members have the discretion to approve, deny or approve with conditions, and it would be more right by following pages 12 and 13, than the page before. Chair Moodie said that she wanted to review items 1-6 and 1-9 on page 11, Exhibit C2, as they are more objective for her. She commented that when she looks into art enhancing the City's image, there are different interpretations of how to enhance and that she respects everyones opinion. She noted that the Board is diverse and stated that what one sees as beauty, others may not, and vis-a-versa. She said that she places more weight on page 11, which is more objective in scope. Mx. Ratcliff agreed stating that they have a clear list for the artist and artwork that does not give rise to their objective opinions on the art. Interim Assistant City Attorney Jadoo commented that the Ordinance says the Board has the authority to approve, disapprove or approve with conditions, as it meets the guidelines, and the criteria in the guidelines are listed. She stated that how the Board reaches their determination of the guideline is up to the Board, as there is no directive there, but the guidelines provide very clear criteria that the Board needs to go through when making their decision. Mr. Velazquez inquired if the art is on private property. Mr. Weiss responded that it was on private property, owned by WXEL. Chair Moodie requested that Mr. Weiss explain what direction was given to them in making their decision to select this piece. Mr. Weiss explained that she would have to ask WXEL. Dr. Pacilli commented that page 11, criteria, item 7, says that there are things that could clarify it with other items in the AIPP on pages 12,13, and 14. Mr. Hartmann noted that the Board has directed other artists to make changes and that the artist appeared and made changes. 7 18 Meeting Minutes Art Advisory Board Boynton Beach, Florida August 10, 2023 Mx. Ratcliff pointed out that the Board asked for objective changes and that the Board was not fundamentally changing the artwork. They expressed that if there are objective comments to offer they could, but none of the comments they heard were objective. E. City Commission Actions and Discussion a. Advisory Board and Art in Public Places Ordinance Changes. Readings on August 15 & Sept 5 Mr. Weiss reminded the Board that there would be some changes and the City Commission is recommending that at least four members of the Art Advisory Board be artists, designers, curators and art aficionados. He noted that the current makeup of the Board meets that criteria. (Mr. Hartmann left the dais at 8:07 P.M.) Mr. Weiss further reviewed the changes to the AiPP Ordinance, which the Board had previously discussed. He commented that he added a new paragraph that explains what happens when a new owner buys property that has existing art that the owner does not like. He explained that the new owner can install a new artwork on the property, equal to the value or the art, or give the funds to the City to be used to place art elsewhere in the City. (Mr. Hartmann returned to the dais at 8:09 P.M.) b. FY23-24 Budget Mr. Weiss reported that the City Commission accepted the budget and there were no changes. F. September Meeting Date a. Wednesday, Sept 6 or Monday, Sept 11, 2023 Mr. Weiss advised that the meeting was moved to accommodate a City Commission meeting. Motion Mr. Hartmann moved to hold the meeting on September 11, 2023, at 6:30 P.M. Dr. Paciilli seconded the motion. The motion passed unanimously. VI. Action Items A. Motion: The artwork proposal titled "Harmony" by Patti Warashina at South Florida PBS /WXEL, 3401 S. Congress Avenue, is approved to satisfy the Art in Public Places requirement for the Cornelia T Bailey Cultural Arts Center addition. (Ex D) 8 19 Meeting Minutes Art Advisory Board Boynton Beach, Florida August 10, 2023 Note: Requires action for removal from the Table. Note: Artwork location was approved by the Board on July 14, 2022 Delores Fernandez Alonso, President and CEO of WXEL, said that of all the audiences they serve, they focus on kids programming to give youth the best chance possible. She reviewed a slide presentation, as contained in the meeting materials. She stated that the piece, Harmony, meets all the criteria. She stated they are the only station producing local content and a short video presentation showing how children interacted with the sculpture was given. Dena Rigby, Art Appraiser, spoke about the artist, and stated that the artist works have been acquired for museum collections and it means her artwork was vetted for acquisitions by public institutions, internationally. She shared standards for describing cultural property, which utilizes the Getty Object Identification System. She said that the female figure clothed in abstract musical scores is conducting an imaginary orchestra while balanced on the planet earth. She stated that the sculpture meets the criteria, which she reviewed. Dave Lawrence, President and CEO of the Cultural Council of Palm Beach County, via video, voiced his support of the piece. Mr. Weiss stated that he included a complete staff report in the meeting materials. Motion Mx. Ratcliff moved that the artwork proposal titled "Harmony" by Patti Warashina at South Florida PBS /WXEL, 3401 S. Congress Avenue, is approved to satisfy the Art in Public Places requirement for the Cornelia T Bailey Cultural Arts Center addition be approved. Mr. Velazquez seconded the motion. Dr. Pacilli thanked WXEL for attending and for their presentation. She noted that this item was on the table in June and asked why was it being presented at this meeting. Ms. Rigby responded that she did not know. She said that they supplied the City with all the required materials and the packet Mr. Weiss gave them. She stated that they were told that was all that was needed. Mr. Weiss explained that the item was on the agenda for the June meeting, but he was on vacation and the meeting was cancelled, so they then had a special meeting on June 29tH Mr. Weiss stated that he told WXEL that they did not need to attend. Mx. Ratcliff said that they thought it may be an interesting inclusion to have in-person interviews when reviewing artwork. Chair Moodie thought they can include this in future selections. 9 20 Meeting Minutes Art Advisory Board Boynton Beach, Florida August 10, 2023 Mr. Hartmann asked if the piece was part of a series. Ms. Rigby responded that it was not, and that it was unique for South Florida PBS. Mr. Hartmann commented that the piece was chosen in 2022, but WXEL only recently came before the Board. He said that it seems like the Board Members were left out of the art approval process. Ms. Rigby stated that they were told there were three requirements that had to be fulfilled. She said that she was advised that a private owner chooses the artwork, which included national and Florida-based artist searches, but their first choice, by a Florida artist, had extensive maintenance issues. She stated that they had to satisfy placement, quality, that the piece not look like a logo, and that it would come before the Board. Dr. Pacilli asked what the life expectancy of the statue was. Ms. Rigby responded that the artist is required to have a 10-year maintenance report, which was in the proposal sent, and that they asked the artist for the cost of maintenance over the long term. Mr. Hartmann thanked all who attended and the artist. He read the PBS Mission Statement as it pertained to acquiring art and said that he, personally, feels that the piece does not live up to the Mission Statement and that it was not appropriate for children or the community. He said that he felt like the Art Advisory Board was not approached and that he did not want developers to install art that was distasteful and that the Board could do nothing about. He said that the project is a no go and that he will vote no. Mr. Hartmann said that the decision was made in December and asked how does the Art Board fit in with this selection. Mr. Weiss explained that private developers do not have requirements for a selection system as they had their own system. He said that he did not know they made a decision in December as they came to him in May and he tried to move as quickly as possible and he did request they come forward to make a presentation. He explained that in most cases, he advises that they come forward with the artist first and then the artwork. Mx. Ratcliff stated that PBS has followed every step in the process and that it is not their job to run the artist by the Board, it is their job to show up to say this is where we want to place the art, which they have done, and then when they have selected the artist using the process they have used for years, the Board then approves the art, which is what they are doing. She commented that there is no authority or power being usurped, rather what was occurring was a huge overreach of the authority of the Art Board. They reiterated PBS did all they were,asked to do and that the Board Members are not petty tyrants, that run the art and the art that is in the City. They reiterated that PBS is a private developer doing what they are supposed to have done. They further pointed out that one thing that happens frequently in art, is they encounter someone who speaks over someone who is 10 21 Meeting Minutes Art Advisory Board Boynton Beach, Florida August 10, 2023 part of a marginalized community. They stated that they is disabled, a disability activist, and a wheelchair user and that they found the idea that Mr. Hartmann would speak for her and her community, about earlier comments he made pertaining to Barrier Free Park, was absolutely distasteful. They suggested that he should be careful about who he speaks for and who he speaks about when speaking about art and who is represented in the City. Chair Moodie explained that the members need to look at the developers options, which are to place their own art on site following the guidelines provided, or they can transfer the required funds to the City for them to handle art in the City, as contained on page 12 of the meeting materials. Dr. Pacilli spoke about page 11 and repeated that the survey she conducted reflected 147 people as a point of due diligence. She elaborated that she went to Barrier Free Park and Caloosa Park and spoke to residents there. She told survey participants that it was a 12-foot statue that was proposed to installed in front of WXEL. She read comments received from her survey about the statue, indicating that: it does not belong in Boynton Beach, as it does not represent the community; that if installed, residents would go to the City Commission and ask for it to be removed; some liked it; some didn't care; that the art was nice and curious, but it belongs somewhere else; the City is a family, tropical community, and that it does not represent it. She said that she used US Census data, which indicated that as of July 1, 2022, the Asian community in the City was 2.7%, which she said was a very small amount. She mentioned that some of the individuals surveyed were Asian and that they did not like it. She further offered that she was told that the art projects should be consistent and embrace the City's vision and promote culture. She stated that this piece met some criteria, but that overall, it did not. She noted that it was clearly voiced that the piece was not wanted. She thought if the artist would come back with something else, she would consider it, but she cannot support this piece. Mr. Velazquez asked Dr. Pacilli if she conducted due diligence on every project that was approved. He noted that they keep saying that the City is a multi-ethnic/multi-cultural City, not based on percentages. He said that his impression of the prior comments was that because the artist represented a very small part of the community, the art was being discounted. He offered that when he saw the Statue, it brought back beautiful memories of his youth, which he shared. Dr. Pacilli responded that she has done due diligence on every piece that has come before the Board. Mx. Ratcliff commented that an unofficial survey, conducted by a person who is biased against the art, that represents a tiny percentage of the population, by someone who already decided and made it clear that she will vote against the statue, does not have anything to do with their decision as a Board. They noted that if there were people who 11 22 Meeting Minutes Art Advisory Board Boynton Beach, Florida August 10, 2023 wanted to show up and have the conversation, the room is always open, but she objected to the statement that because the Asian population in the City is a small percentage, that they do not deserve representation or to be part of diversity. They pointed out that they are not the only one who read that into the statement. Mr. Hartmann commented that the public and two Commissioners came to voice their displeasure, that the piece is not for families and the Board was not given the information earlier so the public could not attend. Vote The motion passed 3 — 2, (Dr. Pacilli and Mr. Hartmann dissenting. Ms. Alexis abstaining). VII. Old Business Solid Waste Truck Drivers Project Review, Discussions and Recommendation regarding "Kings of the Streets" proposal for artwork by Gary Moore (Ex E) Mr. Weiss stated that this project was delayed and Mr. Moore is present. He explained that this is not a request for approval, rather it is for feedback. He said that Mr. Moore met with numerous drivers and spoke to them about the project, and all indications are they are in support of this idea. He mentioned that the Public Works Director and Deputy City Manager think things can be technically worked out. Gary Moore from Solid Waste stated that he was not prepared to make a presentation, but he reviewed each page of the proposal and said that the mission was to give Solid Waste Drivers visibility and community. He commented that the drivers do their work each day, but are unrecognized and that this endeavor would uplift them and show them not be a faceless community. He reviewed the Kings of the Street project and said that what is currently popular in pop-culture is the wearing of crowns, which is a cultural moment recognizing unrecognized and underserved groups. He reviewed a PowerPoint presentation and explained that the Crown is supposed to be affixed to the vehicle that is a portable, movable, kinetic art piece and it creates an art piece that moves throughout the City daily. (Dr. Pacilli left the meeting at 9:37 P.M.) Mr. Moore explained that the Commission has two parts: first to create visibility for the vehicle driver; and second, to interview every driver. He commented that he can create a half hour video about the initiative. He added that the crowns are meant to have color. Motion 12 23 Meeting Minutes Art Advisory Board Boynton Beach, Florida August 10, 2023 Mr. Hartmann moved to continue the remainder of the agenda to next month. Mx. Ratcliff seconded the motion. The motion passed unanimously. VIII. New Business Traffic Cabinet Wraps: Locations and use of Artist Roster 2023-2026 for artists. (Ex F) Artist Selection Committee for Heart of Boynton Unity Project: (Ex. G) IX. Future Agenda Items Discussion of Public Art Master Plan Discussion of Boynton Beach Brand Discussion of Art in Public Places Guidelines for City-Owned Public Artworks X. Adjournment There being no further business to discuss, Chair Moodie adjourned the meeting at 9:47 P.M. Catherine Cherry Minutes Specialist 13 24 8.A Announcements/Presentations/Correspondence 12/14/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 12/14/2023 Art Advisory Board Chair to Welcome New Board Members Requested Action: No action to be taken 25 8.13 Announcements/Presentations/Correspondence 12/14/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 12/14/2023 Power of Public Art Program: Lunch and Learn Requested Action: Announcement Explanation of Request: The Power of Public Art Program, sponsored by the Palm Health Foundation, was held on Thursday, October 24, 2023 as a part of the Train the Brain: Advancing Wellness Through the NeuroArts event series. The keynote speaker was mental health professional and artist, Brian Wood. It was followed by a Kinetic Art Tour by Public Art Coordinator, Stacy Irsay. Attachments: Train the Brain Photos.pdf Train the Brain Flyer.pdf Kinetic Art Tour Brochure.pdf 26 {rPalm Health` t,�y,FOUNOATION DONATE W4 Wh A,. ScIW'Aba OAanl3& S'aaia M,k S-W v+f 1"I'm E."19 V€,D.,4 Palm ld4.'tldlts..�rn PsvrS poi Train the Brain 202 Advancing Wellness Through the NeuroArts r Ms ii NwllthSac ut Train the Brain 6f r1 L.li LA t li w t TI �1 MGI P 41P1 7{ ilf l 1A d A kll�rt liv:iClin >i41�1�r�YCY3 wt¢.,Toil Cl �xinv�r 9di P. �mvxp�r nenA�c,� ea.rz+anis r Palm Health FOUND ATION 'Y c 3 fi 4 pl S { b i �7 , s 4 711 Q �b r —lscgllkF '01, ��k{ i fr G r i� +' 11sj� 1� i { �S W sc '17{'1 kl , JJ i�!1 it �{ 1 ,1r y�} 11 "f 114 A ! 1 t �, �27 Ott 4, f The Power of public Art This event presented in partnership with the City of Boynton Beach and the Boynton Beach Arts Cultural Center,featured a presentation about the importance of art installations in public environments by artist and mental health professional Brian ";Food and a walking tour led by the city's public art coordinator,Stacy Irsay,Attendees learned about the science.behind public art's benefits for health, including anxiety ' management, regulation of emotions,an,d fostering collectwe belonging e " " Speakers: Kathryn Matos,Assistant City Manager,,The City of Boynton Beach . Brian Wood LPHC:Healing Art,LLQ i ' Stacy Irsay,Public Art Coordinator,The City of Boynton Beach 'Y ' B 13 OYN T1 U R B E A C FSI i r 87 Event Attendees I really enjoyed the opportunity o come to my,Boynton community and enjoy ��Ii �}, W, �F£f the arts. I learned o mach abort the public ark in oy on. Who knewflF It was a dynarnic lunch and learn."-Rachel, Attendee � Nt n t is J tP� dY 4 {r t jj ik£ i � s i. sh£t r , r " £ E � TRAIN BRAINOtt e � yt!` � „�ib��3� '''' � 1 • ' 0 1 1 1 . 1 0 ' 1 0 1 ` '. 1 1 ' 1 OW''", it1rt �tt t Y, r iii, 4 ��tt FREEtY fq, NEUROARTS EVENTS IN OCTOBERIN 6', f THE ART OF LEARNING:A CROSS-CURRICULAR ART SHOW&SYMPOSIUM Thursday,October 19.5:30 pm-7:30 pm A.D.Henderson University School,777 Glades Road,Boca Raton,FL 33431 1 tKr t Through art expression,Palm Beach County students are diving into topics like brain health tt and stress management-in a science classroom!Hear from these students,their educators, and a neuroscientist on the connection between art and brain science. (r Registration includes fight snacks and beverages, } THE POWER or PUBLIC :A LUNCH&LEARN Tuesday,October 24.11:00 am-1:00 pm Boynton Beach Arts&Cultural Center•125 E Ocean Ave,Boynton Beach,FL 33435 Why are art installations important in urban environments? How does public art impact health and mental wellness? Join this event to explore these questions with local brain health experts and artists and take a tour of exceptional IKtf. public art! Registration includes free lunch. Tram the Brain events presented in partnership with: F U THE SCIENCE OF SINGING EAU LAB SCHOOLS Thursday,October 26.5:30 pm-7:30 pm IND Cox Science Center and Aquarium-4801 Dreher Trail N.,West Palm Beach,FL 33405 051 tlI.N pE N7N Singing is good for the brain.Collective singing is even better!Join in on a fun sing along t.i and learn about what happens in our brains when we sing together. ovN67N FKLT ils E A C w � . Registration includes light snacks and beverages. SHz S N1CHOLSON t BRAIN INSLHUTG f, 29 International Kinetic TONIBienniaY l in Boynton Beach � ztmq CRY 4f BOYNTON BEACH Since 2413 the City of Boynton � P U B 11 CART �v Beach has curated a free,public art exhibit and symposium dedicated to kinetic art and ' design by contemporary artists from around the world.This family-friendly event demonstrates they interconnectedness of arty and technology and leverages 't� human fascination With movement.Attendees explore -- kinetic art,which is defined as visual,conceptual,or experiential _ Y�, art that either physically moves ` or creates the Illusion of motion. Uffi t } �,��s A"M f ,`� �• � ,." �f �,g� fib,/ a{ U71, I J li AV` � �. � T� v r t � Dr.Alex Rodriguez l A, °_Twirling Blooms 2023 a qF.Y dF XDYNIOq XFXCX. PUBG(ART PUBLIC ART PROGRAM ciTv of ROT100 E.Ocean Ave.,Boynton Beach,FL 33435 PublicArt@bbfl.us I BoyntonArts.org 1(561)742-6757 B E A QNB NEON a` Shiver Shake 4d 2023 eA: 1 �ri tea✓,,' ��,`�` t t �� _ x � � k iI L,a�uire�}nO el IN „ Concentric Cycles v , of Motion - � 023 aGF, j Ralfonso RefieCtlOnS eft: 2020 t £ ° -- - 3 i # 1 A. f l �i;�l�nel�a a w. 1%A 8.0 Announcements/Presentations/Correspondence 12/14/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 12/14/2023 Highwaymen Art Show Requested Action: Announcement Explanation of Request: The Highwaymen Art Show, sponsored by the Boynton Beach Historical Society, will be held on Saturday, January 20, 2024, from 11:00 A.M. to 3:00 P.M., at the Boynton Beach Arts & Cultural Center, located at 125 E. Ocean Avenue in Downtown Boynton Beach. Attachments: L Highwaymen Art1-20-24 vent. 32 f `\£ ei'7 g � r r1 t ��'�� 1 ... ... NMI, ' sri i �t as s y 1t 1 } 11 tis t � r u1 � r s � � � 1 a 1jj sr r isfrh {s trsl z r st s f s I S� gra l 1 t 1 111111,1111"""'i,s rl1 1 i s £1 1P 11 t�`rc 1�'i rr 1 tr t Y ' s - 1 ti 1 G+ i x s � t� 1Sr -: s { Ssssr W+1 i t i s �srl1£ s 1tt1- tE' S �a - f is s�t1 \s to tr+. 1 t ]i lI } i1 Sa L £ t£ j} t tr 1f �,f ), s r s a��t ti ft 1111 itis �: itt ( Fv�o1} r V3iJ k1 s �1 �t1i 1 G s k ll s A .4 1, 1 �� r r t lir-r�t f(i rp f s44 7 �nt 10 1 t� ?k` � ��t; t i t�4 s t 4 s i t r1 s s(S 1 s � �g}�- i Fs••�i it� � t � �, ��7i s t�)�s�1�i� �+11�i st,':F�1ti sjti fit}ss�sss`••i,S�sr S )t\it.i 1ts1{t s��ls fit j s�£s)��i,��?� ftt.�t✓s Vt�s e�li�ss�a sbs�1}s i s'��1�1 r ��£ 4 �,~�fis ir.:.�. — 1>�� - 1 } 1 - rl- 1� r �r1 rtif a t2 �t�f�b`1�U (1 iM14 tt1 1 U,S Alfred flair 1941-1970 = Indian River, Circa 1966 • Oil on Upson Board • M. Randall Gill Collection SPONSOR PARTNER s, CITY OF BOYNTONB E 33 8.D Announcements/Presentations/Correspondence 12/14/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 12/14/2023 Unity Project Update Requested Action: Staff to announce the various events and initiatives taking place as part of the Unity Project. No action needed. Explanation of Request: The mural artists and conceptual designs will be brought to the January Art Advisory Board Meeting. Art Advisory Board members are invited to join the Heart of Boynton Neighborhood Association every Wednesday from 6:00-8:00 P.M. at the Carolyn Sims Center, 225 NW 12th Avenue, Boynton Beach to plan the following events for the Unity Project: • Night of Joy - Saturday, January 27, 2024, from 1:00 P.M. to 5:00 P.M. at Sara Sims Park, located at 209 N.W. 9th Avenue in Boynton Beach. • Historic Photo Exhibit, Family Tree, and Performances - Saturday, February 10, 2024 at the Greater St. Paul AME Church, located at 315 N.E. 10th Avenue in Boynton Beach. • Repealing of Ordinances - Tuesday, February 20, 2024 at 6:00 P.M. at the City Commission Meeting • Community March, Ordinance Burning, Mural Unveilings & Block Party will be held on Saturday, February 24, 2024 • The Unity Festival will be held on Saturday, April 27, 2024, at Centennial Park, located at 120 E. Ocean Avenue in Downtown Boynton Beach. 34 8.E Announcements/Presentations/Correspondence 12/14/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 12/14/2023 Art & Autism Expo Exhibition Requested Action: Announcement Explanation of Request: The Art & Autism Expo Exhibition is organized in conjunction with the FAU Center of Autism and Related Disabilities. The Expo Opening Event will be held on Monday, April 8, 2024, from 5:00 P.M. to 7:30 P.M., at the Boynton Beach Arts & Cultural Center, located at 125 E. Ocean Avenue in Downtown Boynton Beach. Artwork will remain on display through Tuesday, April 30, 2024. 35 10.A Unfinished Business 12/14/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 12/14/2023 City Commission Ordinance Changes Adopted on September 14, 2023 Requested Action: City Attorney to provide update on ordinance changes. No action to be taken. Explanation of Request: City Commission Ordinance Changes Adopted on September 14, 2023 • Art Advisory Board Ordinance No. 23-016, Article II • Public Art Fee and Guidelines, Ordinance No. 23-017 Attachments: Art visary Board Ordinance 23-016, Article 11.pdf Public Art Fee and GuidelinesOrdinance 23-017.pdf 36 14 (3je Any board may reconsider its decision arising from a quasi-judicial proceeding only 315 upon a motion to reconsider at the meeting at which the decision was rendered. 316 Sec. 27-9. Boards and committees to follow CCNA. 317 Any city boards or committees and the like which have purchasing authority independent 318 of the City Commission, the purchases of such bodies which are subject to the Consultants' 319 Competitive Negotiation Act ("CCNA") shall be processed in accordance herewith; however, 320 the board or committee, or the like will itself perform the functions set forth herein that are 321 otherwise applicable to the City Commission, 322 Secs. 27-10-27-19. Reserved. 323 324 ARTICLE II. BOYNTON BEACH ART ADVISORY BOARD 325 Sec. 27-20, Membership. 326 Appointees to the Art Advisory Board shall be electors and residents of the City, or owners of 327 businesses located within the City-ewpw-= , preferably with a majority of members (four out of 328 7) having the following background: artist, art volunteer/activist; planner; private developer; 29 architect; -interested citizen-. No more than two (2) o 30 the members may be owners of businesses located in the City who do not reside in the City. 31 Eligible residents and business owners may be appointed to the Art Advisory Board if the 32 majority of membership meets the background criteria listed above. 33 34 See. 27 23. Art Advisery -Reard menetipgs-. 35 (a) The Art Advisery Beard shall meet at aR appFopFiate place and sh-11 aFrange a tipAe for 36 helding regulaF PAeetiRgs of the AFt Advisery BE)aFd, and fer ,;,wh. Athpr FneetiRgs as s4a4-49e 37 necessapy, and it Fnay add te such rules -41 erganizatien, regulatien and preceduFe as it may 38 deem. , PecessaFy and detprminp the d,-tier Af itr, mArnhinrr, ;;Pd effirzers, CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 13 37 39 (b) TheB �nteR Beach Art Advisory eaFd -lh--!! funEtien and a-per-atteas outlined in the C4ty 40 of Beynten a ch's C,r-di P c e A- 6 4. 341 342 Sec. 27-24. Purpose and duties. 343 (a) The purpose of the Art Advisory Board is to advise the City Commission on matters 344 related to the arts, to develop a plan and programs to promote and support art in public 345 places, and to recommend guidelines and funding for implementation. It shall be the duty of 346 the Art Advisory Board to act as an advisory board to the City Commission in providing advice 347 on matters relating to the visual arts. 348 (b) The Art Advisory Board may recommend funding sources including private sources and 349 grant funds; encourage public and private partnerships in the arts; review and make 350 recommendations on proposals for art work for public buildings and public spaces; encourage 351 the flow of art into the city; stimulate art related activities and events; study issues related to 352 art and implement art programs as delegated to it by the City's Commission from time to time. 353 (c) On a monthly basis,_Tlhe Art Advisory Board shall peFiedically-Wdate and advise the 354 City Commission of its findings or proposals with respect to the foregoing issues, as well as 1 355 any actions taken with respect to the Art in Public Places, and make recommendations to the 356 City Commission on any matter referred to it within as much time prescribed by the City 357 Commission, 358 (d) The Art Advisory Board shall have the following additional powers and duties: 59 (1) Recommend to the City Commission adoption of Art in Public Places P+ogf4rA 360 Guidelines and amendments thereto; 361 (2) Recommend to the City Commission adoption of a Public Art Master Plan identifying 362 locations for public artworks and establishing a priority order; 363 (3) Recommend to the City Commission authorization of expenditures for maintaining 364 and implementing the Art in Public Places Program; CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 14 38 365 (4) Recommend to the City Commission other expenditures of the Public Art Fund such 66 as hiring staff and services to run the Art in Public Places Program; 67 1M1Advancethr h edun cati and communication,the Art in Public PlagePro rare 68 L615) - Approve, approve with conditions or disapprove proposed 69 installation of artwork, including murals to be installed pursuant to the'.City's Ark in PVblic 70 Places Program that is produced by a Florida based artist with a reference for artists located 71 in Palm Beach'Countbased on criteria in the Art in Public Places-Preffram Guidelines.. In 72 addition rigs t taking action pursuant to this sub-section the Art Advisory Board shall 73 consider ublic in ut at a dulv noticed oublic meetin . The Art Advisor Board's action taken 74 pursusInj to this sub-section shall be subiect-to the right of either the Ma ar gr 0 Cily 75 ommi si n r Ig file a n ti e gf aggeal regarding the action taken by th Art Advisgry Board 76 pursuant Ig this sub-section. The notice of aDDeal shall be filed ng lgler Jhan tbirty (30) days 77 followina the da e of` he Art Advisory Board's action. In the event a notice f @ppggl is fi g 78 tbg pppgal shall be placed on the next Cily Commis i 'n a ends for consideralign by Jhg Ci 79 Comml sign gt a dulvnoticed public megtiLig, and thg Cily Commi igp's consideration may $0 include either affirmina, affirming with conditions or overturnina the action of the Art 81 Adviso1y Board. 82 i 83 tTktWe4per,. 384 Secs. 27-28-27-32, Reserved. 385 86 ARTICLE III. BOYNTON BEACH LIBRARY ADVISORY BOARD 387 Sec. 27-33. Purpose and duties. 388 Subject to the control and direction of the City Commission,the Library Board: 89 (1) Shall act in an advisory capacity to the City Commission, to assure 390 representation of the ideas of citizens and taxpayers of the city relative to the function and CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 1s 39 1 2 ORDINANCE NO. 23-017 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,AMENDING 5 CHAPTER 27, "ADVISORY BOARDS AND COMMITTEES", SECTIONS 27-21 6 THROUGH 27-27, OF THE CITY OF BOYNTON BEACH CODE OF 7 ORDINANCES REGARDING THE PUBLIC ART FEE; PROVIDING FOR AN 8 AMENDMENT TO THE AMOUNT OF THE PUBLIC ART FEE TO BE PAID FOR SPECIFIC DEVELOPMENTS WITHIN THE CITY OF BOYNTON BEACH; 10 PROVIDING FOR EXEMPTIONS TO THE PAYMENT OF THE PUBLIC ART FEE; 11 PROVIDING FOR AN UPDATE TO THE PROCESS FOR THE CONSIDERATION 12 OF ART IN PUBLIC PLACES; PROVIDING FOR CONFLICTS, SEVERABILITY, 13 CODIFICATION AND AN EFFECTIVE DATE. 14 15 WHEREAS, upon a review of report from City Administration related to the collection 16 and use of the public art fee, the City Commission finds that it is in the best interest of the City 17 of Boynton Beach to increase the construction threshold for the public art fee from $250,000 18 to $500,000, and to provide for an update to the process for consideration of the placement 19 of art in public places; and 20 WHEREAS, the City Commission deems it to be in the best interest of the citizens and 21 residents of the City to amend Sections 17-21 through 27-27 of the City of Boynton Beach 22 Code of Ordinances, as they relate to the public art fee. 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 24 BOYNTON BEACH, THAT: 25 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 26 herein by this reference. 27 Section 2, That Part II, Chapter 27, "Advisory Boards and Committees", Sections 28 27-21 through 27-27, of the City of Boynton Beach Code of Ordinances, be, and the same are 29 hereby amended to read as follows: 30 31 32 CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 1 40 33 34 Sec. 27-21. Intent. 35 (a) It is the intent and purpose of this article to further the commitment of the city to the 36 aesthetic, historical, cultural and economic enrichment of the community through the creation 37 of works of art so that citizens and visitors to the city are afforded an opportunity to enjoy 38 and appreciate works of art. The requirements of this article shall be construed to promote 39 the aesthetic values of the entire community and to encourage the preservation and 40 protection of works of art. 41 (b) This aFticle shall. be —A ;+-,4 s tho "Ad in Public Places PFegFam." 42 (12c-) Ownership. Unless otherwise expressly agreed to in writing by the city, ownership of all 43 art acquired through expending funds in the Public Art Fund shall be owned by the city 44 according to the AFt Advise eafd's and Art in Public Places 9�Quiclelines. 45 Sec. 27-22. Definitions. 46 For the purposes of this section, the following words and phrases shall have the following 47 meanings: 48 (1) Art, Artwork, or Works of Art means tangible creations by artists exhibiting the highest 49 quality of skill and aesthetic principles and includes all forms of the visual arts conceived in 50 any medium, material, or combination thereof, including, but not limited to, paintings, 51 sculptures, engravings, carvings, frescos, stained glass, mosaics, mobiles, tapestries, murals, 52 photographs, video projections, digital images, bas-relief, high relief, fountains, kinetics, 53 collages, drawings, monuments erected to commemorate a person or an event, functional 54 furnishings, such as artist designed seating and pavers, unique or original architectural 55 elements, and artist designed landforms or landscape elements. The following shall not be 56 considered artwork or works of art for purposes of this article: 57 a. Reproductions or unlimited copies of original artwork, 58 b. Art objects, which are mass-produced. CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 2 41 59 c. Works that are decorative, ornamental, or functional elements of the architecture or 60 landscape design, except when commissioned from an artist,eF designed as an integFal aspect 61 62 (2) Artist or Professional Artist means a practitioner in the visual arts, generally recognized 63 by critics and peers as a professional of serious intent and ability. Indications of a person's 64 status as a professional artist include, but are not limited to, income realized through the sole 65 commission of artwork, frequent or consistent art exhibitions, placement of artwork in public 66 institutions or museums, receipt of honors and awards, and training in the arts. 67 (3) Arts Celmmissie- A,4; beard Fnea-- the adviseFy-b-G�tat4ish-_-d by the 68 City rau-su--a-1 te Ord-in-ance 01,64-,4-einiaim. ed te Arts Advisory R-A-arc-A in Qrrdi 69 20-016, 70 (34) Building means any structure that encloses space and is used or built for the shelter or 71 enclosure of persons, businesses, chattel or property. 72 (415) Development means any construction, or redevelopment, or structural alteration of 73 any private or public building within the limits of the city. 74 (.56) In-fill housing means new residential units on parcels less than five acres that are not 75 part of an approved planned unit development as defined by the city land development 76 regulations. 77 (67) Public Art Fund means a separate, interest bearing account setup by the city to receive 78 monies for the Art in Public Places Program. 79 (78) Remodeling or conversion means alterations made to a building within any 12-month 80 period, including, but not limited to, changes to the facade of a building, changes to the 81 interior of a building, increases or decreases in the floor area of a building and changes to 82 exterior improvements. 83 (89) Public Art Project means all the costs associated with design and installation of aArtwork 84 including artist fees, artwork(s), art consultant fees, engineering, structural support,1i�htin 85 art signage and other site enhancements as stated in the Art in Public Places gGuidelines. CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings, 3 42 86 ... 87 Sec. 27-25. Establishment of public art fee. 88 (a) (a) All development, redevelopment, reconstruction or remodeling projects 89 commenced after the adoption of this article which have a construction value of 90 $250,0)0500 000 or greater, shall participate in the Art in Public Places Program by 91 paying a public art fee. For the purpose of this section, a project will be considered 92 .'commenced" when an application for review is first submitted to the city's 93 Development Department. The public art fee shall be equal to ane_percent_Jl%J of 94 construction value of the project or one million dollars ($1000,000), whichever is less. 95 The Building Division/Finance Department shall administer the billing and collection as 96 follows: 97 (1) Af the As a condition of issuance of the building permit, collect thirty percent (30%) 98 of the W&�� public art fee. -at the time ef b-J,4;— -eFmit *sswaRce and 99 (2) As a condition of issuance of the final certificate of occupancy, collect the rern-;;iP;n- [00 seventy percent (70%) of the public art fee or, in lieu of payment, confirm the completion of a .01 Public Art Proiect on the property valued at least at seventy percent (70%) of the public art .02 fee. .03 th-g imr--l-UH-es the public= a#-. 04 (3) One hundred percent of the public art fees collected are to be allocated to the pubk .05 Public a4t-Art fw4dFuncl. All d4stributions for the fun .06 of the Art Advisory Board prier to City Commission approval. 107 (b) The following types of projects are exempt from the payment of the public art fee: 108 (1) Remodeling, repair or reconstruction of structures damaged by fire, flood, wind, 109 earthquake or other calamity determined by the City of Boynton Beach building official. 110 (2) The percent of the project dedicated to affordable housing as defined by the City of 111 Boynton Beach. CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 4 43 112 (3) All projects which were submitted prior to or on October 5, 2005, notwithstanding any 113 subsequent request for site plan extension. 114 (4) Single-family and two-family in-fill housing. 115 (5) Normal, routine maintenance including replacement of existing damaged or failing 16 structural or non-structural elements, HVAC, plumbing, electric, communication or fire 117 detection/suppression equipment of a project not associated with an addition, renovation or 118 new construction. 119 (6) Remodeling, repair, reconstruction, or additions made after October 5, 2005 to any 120 existing amenity, clubhouse, building, pool, park, playground and/or common area element 121 located within an existing private residential development. This specific exemption applies .22 retroactively to October 5, 2005. .23 (7) All projects which were submitted for a building permit after or on October 1, 2023 .24 with a construction valuation less than $500,000 .25 Geteber 1, 202-3. .26 (c) ArqjeCet tew A_e r.-sThe owners of a development that are required to participate in the Art .27 in Public Places Program may ebtaiR +- -7 t up to 70, c el 1.e c t.e d f s4a.14-may .28 complete 44sta14-a pPublic aArt pProiect on the property I walue Pqual to .29 seventy f"7nO/\ -r-in lieu of paying the seventy percent (70%) of the public art fee i-n .30 lieu of a-FtwGFk before the *ssuance of ce-;f;C4_+_ -4 1 9Y5P_ V and if the following 131 conditions are met: .32 (1) The wneF of a dev lopment agrees to fellev.l thp AFt Advisory BeaFd's .33 rer-AmmPr4H@+i0RSr +-_ A—Velop the Ft in the pr9jec4The owner of a development a rasa to .34 secure the approval of the Art Advisory Board for the location and public visibility of the public .35 art, for the qualified artist(s), for the design of the artwork(s) and the artwork site(s), and the .36 final installed artwork(s) and artwork site(s). Such approvals will be based on the Art in Public .37 Places arm Guidelines. Prior to commissioning and/or purchasing the artwork, the City, .38 in consultation with the owner of the development, shall schedule and hold a public workshop CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. S 44 .39 regarding the artwork design, location, and the artwork's public visibility prior to the Art .40 Advisory Board's public mggfin_q,- and .41 (2) PFier to place.m.e.pt on the deve4ep4:nent site, has the aFtV-_-L- -A I +k- Ar+ .42 A A-; thAt thA ;4FtV0AFk I.A.411 h-P- PC ess;I-1- dily visoble to the publiE .43 -ka-,e6 -e- A-f. aa-vierik and normiall trafflic A-f vehide edestFians in the pFep .44 4K,-Aie4The owner of a development agrees to maintain the artwork(s) in good condition as .45 approved by the Art Advisory Board. a>p4lf the artwork(s) cannot be maintained or repaired, .46 or the owner requests to remove the artwork(s), then the owner will replace the artwork(s) o 47 value equal to the original seventy Percent (70%) of the public art fee adjusted by the .48 Consumer Price Index7. Alternativelv, the owner can contribute the same apAajj4#value to the .49 Public Art Fund or donate the artwork(s) to the Cit v in aood condition. If the owner 50 chooses to replace the artwork(s) in a different form than originally approved, the new .51 artist and art selection criteria shall be in compliance with the Art in Public Places Guidelines. .52 a446 .53 (3) Select aR t di,F,eecttly te criteria euthped bN Y 54 the Drd t4r hir'o ;I .55 pFefessieRal -I-,+ ,+;,+, +G cep4w�-S-;-- ;+_ sp-EifiE, aFehiteetwFally ;Rteg .56 ineet specilic guidek-es _Y_ the recemmenelatiens an(4 D .57 gui—W0�1 reAt PFE)Vid--d I+I, ___Fd; eFpurcha_5eartwerksf p rn4afW44 58 in-st-allatien recernmended by the Art FY 9E)aFdj 9F eleGt We p an ex .59 of-c-,e4i4FA_;s_si_ an erigi-_al art4NA—rk fA-.r de-atien 11 a gift te the City of geynte"eaEh'S pUbli-C .60 art 161 162 Sec. 27-26. Public Art Fund. .63 (a) There is hereby created a Public Art Fund administered by the Art Advisery Beard. .64 Funding shall consist of all Eentributions- re-e-eived 4eqna collected public art fees, fef .65 develepment and Fedev r ib_UtiA_A5 '-;hall iRE-11-1de 1% Of GE)RStFU-ti-_-. V--h-W en CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 6 45 66 prejeas exceeding $250,0W any cash grantsdonations to the city for public art projects 67 from governmental or private resources, earned income from sales or services and all other 168 funds allocated by the city through the budgetary process for the provision of public art. 69JbL_-4b --Expenclitures from the public-Public a4-Art fi-pd Fund shall include but not be 170 limited to expenses associated with the selection, commissioning, acquisition, 171 transportation, maintenance, public education, promotion, administration, program 172 marketing, documentation, removal and insurance of the works of art or in relation 73 thereto. 174 44Lc) The Art Advisory Board can recommend to the City Commission expenditures from the L-7 Q /5 Public Art Fund fi Pdr, in furtherance of the Art in Public Places Program. Q0/ L76 (c) DisbuFse ents ef the public art fee sh-All he 7 .- __ _1e ef -;4rt L77 preject-and _3094 fe.r the -A-Minist -+;-- ef!he Art i.n. Public Plarces Pregrarn and a (epriewmen .78 — reeseeip.tee flu.n.d.) fer futuFe —1- as de ibed in the AFt AdviseFy Beard's guidelines, _an 79 recernme.pdatie R6. 180 181 Sec. 27-27. Art Advisery Beard's guidek-e-5---a"14d Art in Public Places L82 Guidelines 183 (a) Selection criteria. The aFt and artist selectien crite-Fi-a shall be in complianee .A.11+1- +1-. Art .84 A A-;4Y —D-aFd'S guidelines -and .85 Im \-/ ---nes. The Art Advisory Board shall prepare and from time to time recommend to .86 the City Commission revisions to the Art in Public Places PFegFam guidelines Guidelines for .87 adoption by the City Commission and make the same available to the publicT-_. w4ic4-The .88 Guidelines shall beprovide the framework- for: .89 (a) Art in Public Places -program organization; organizational governance and staffing .90 responsibilities; prece ures fer project planning; artist selection and criteria; art .91 selection and criteria; art placement criteria; mural criteria; donations; leans artwork CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 7 46 192 loans-a446 memorials;a44d-collection management and other items as adopted by 93 the City Commission; an 'he public aFt 94ta}�b) Art Advisory Board evaluation of Public Art Pro'e� ct proposals, 1 installations .95 and maintenance condition of artworks submitted by propertyLowners as-in lieu of the .96 payment of the 70% public art file. .97 (c) Lecati -plwan. The A,+ AA-;—, Q—A knll pFepare, and frearn tirne timp rimN te -1111- I-Vise, an .98 A-rt i P P,-blic Places J2Fegr;;m 1Pr-;#iPn --la-4 fqF c4mmir'r,44n t 99 . 200 Section 3. Each and every other provision of the Code of Ordinances of the City of 201 Boynton Beach not herein specifically amended shall remain in full force and effect as 202 previously enacted. 203 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 204 same are hereby repealed. 205 Section S. Should any section or provision of this ordinance or portion hereof, any 206 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 207 such decision shall not affect the remainder of this ordinance. 208 Section 6. Authority is hereby granted to codify said ordinance, 209 Section 7. This ordinance shall become effective immediately upon passage. 210 Section 8. All matters pending before the City boards or committees at the time 211 of effective date of this Ordinance shall continue unabated and be taken up as scheduled 212 before the respective board or committee. 213 FIRST READING this 15th day of August, 2023. 214 215 SECOND, FINAL READING AND PASSAGE this 14th day of September, 2023. 216 CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 8 47 217 218 CITY OF BOYNTON BEACH, FLORIDA 219 220 YES NO 221 222 Mayor-Ty Penserga 223 224 Vice Mayor-Thomas Turkin 225 226 Commissioner-Angela Cruz 227 228 Commissioner-Woodrow L. Hay 229 230 Commissioner- Aimee Kelley 231 LL 0 232 VOTE 233 234 235 236 ATT ST: 237 238 239 MayleeI e J 's,-1 MPA,, MC T 240 City Clerl Ma r 241 242 AP ROVED AS ORM: 243 (Corporate Seal) 244 r�,,0 N ON 245 E David N. Tolces R,6?,ATE 246 �j Interim City Attorney C) 247 248 • CODING: Words in struck through text are deletions from existing text; words in underscored text are additions to existing text, and shaded text reflect changes between First and Second Readings. 9 48 10.B Unfinished Business 12/14/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 12/14/2023 Mural Program Ordinance 22-004 Requested Action: No action to be taken Attachments: Mural Standards Ordinance 22- 49 1 2 ORDINANCE NO. 22-004 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 6 FLORIDA AMENDING PART II CITY OF BOYNTON 7 BEACH'S CODE OF ORDINANCES; AMENDING CHAPTER 8 27 ENTITLED "ADVISORY BOARDS AND COMMITTEES"; 9 ARTICLE II ENTITLED "BOYNTON BEACH ART 10 ADVISORY BOARD"; SECTION 27-24 ENTITLED "PURPOSE 11 AND DUTIES"; AMENDING SECTION 27-27 ENTITLED 12 "ART ADVISORY BOARD'S GUIDELINES AND 13 RECOMMENDATIONS"; AMENDING PART III LAND 14 DEVELOPMENT REGULATIONS; AMENDING CHAPTER 1 15 ENTITLED "GENERAL ADMINISTRATION"; ARTICLE II 16 ENTITLED "DEFINITIONS"; AMENDING CHAPTER 4 17 ENTITLED "SITE DEVELOPMENT STANDARDS"; 18 CREATING ARTICLE XIV ENTITLED "MURAL 1.9 STANDARDS"; PROVIDING FOR CODIFICATION, 20 PROVIDING FOR CONFLICTS; PROVIDING FOR 21 SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE 22 DATE. 23 24 WHEREAS, City Staff periodically reviews the Land Development Regulations Code 25 of the City and makes recommendations to the City Commission to revise its Regulations; and 26 WHEREAS, the City Staff recommends that the City Commission there be a mural 27 standard section in the City's Land Development Regulations; and 28 WHEREAS, the City Staff recommends that the Art Advisory Board's powers and 29 duties be amended to include the authority to approve proposed murals; and 30 WHEREAS, the City Staff recommends that mural criteria is included in the Art in 31 Public Places Program guidelines; and 32 WHEREAS, City Staff has determined that this Ordinance is consistent with 33 the Comprehensive Plan, the Land Development Regulations and the Ordinances of the 34 City, and recommends approval of this Ordinance; and 35 WHEREAS, the City Commission of the City of Boynton Beach has considered the 36 recommendations and has determined that it is in the best interest of the citizens and {004383162 306-9001821 I C:\Users\Swansonl\Appdata\Local\MicrosoPt\Windows\Ineteache\Content.0utlook\SZSTQOL'r\Mural Ordinance(00438316- 2xc4b6a).Doex 50 37 residents of the City of Boynton Beach, Florida to approve the Ordinance to the City's Code 38 of Ordinances and Land Development Regulations as contained herein. 39 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 40 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 41 Section I. The foregoing whereas clauses are true and correct and are now ratified 42 and confirmed by the City Commission. 43 Section 2. Part 11, City of Boynton Beach's Code of Ordinances, Chapter 27 44 "Advisory Boards and Committees" are hereby amended as follows: 45 Chapter 27 Advisory Boards and Committees 46 Article 11. Boynton Beach Art Advisory Board 47 Section 27-24. Purpose and duties. 48 (d) The Art Advisory Board shall have the following additional powers and duties: 49 ... 50 (5) Exercise their authority to approve, approve with conditions or disapprove proposed 51 installation of artwork including murals based on Art in Public Places Program Guidelines; 52 and 53 ... 54 Section 27-27.Art Advisory Board's guidelines and recommendations. 55 (b) Guidelines. The Art Advisory Board shall prepare and from time to time recommend to 56 the City Commission revisions to the Art in Public Places Program guidelines and make the 57 same available to the public, which shall provide guidance for program organization; 58 organizational governance and staffing responsibilities; procedures for project planning; 59 artist selection; art selection criteria; art placement criteria; mural criteria; donations; loans 60 and memorials; collection management; and administration of the public art fund. 61 62 Section 3. Part 111, City of Boynton Beach's Land Development Regulations, Chapter 1 63 "Definitions" and Chapter 4 "Site Development Standards" are hereby amended as follows: 64 Chapter 1. General Administration 65 Article 11. Definitions 66 ... {00438316.2306-9001821} 2 C:\Users\SwansOnl\Appdata\Local\Microsoft\Windows\lnetcache\Content.Outlook\SZSTQOLT\Mui-aI Ordinance(00438316- 2xc4b6a).Docx 51 67 MURAL - A work of art that is hand-painted image, hand-tiled mosaic, carved or etched 68 masonry, digitally printed image or digitally display system on the exterior surfaces of a 69 building or site , eeiling, area or lafge permanent surfiwe--that 70 epAia-nees a ' I " A. AeS; .-Fal tmit. it ust be - Tne444" speei-Ae spaee and sefN,e the 71 pttfpese of the spaee. Such mural is sha4l not a sin and shall not contain any-advertising or 72 other commercial messagg_with brand name, product name, abbreviation thereof, company 73 or business name or logo, hashtag, trademark or brand imagery. or- other- eommefeial 74 fftes&age. 75 ... 76 Chapter 4. Site Development Standards 77 Article XIV. Murals 78 a. PWose. Murals, as defined in Cha ter 1, Article 11, are intended as works of art to 79 improve the value and aesthetic appearance of the city, contribute to community 80 identity and redevelopment, foster cultural identity and preserve histo ly, and may be 81 used to enhance exterior walls, roofs, plaza, sidewalks and other surfaces that are 82 visible to the public, all the while respecting community standards. 83 84 b. Standards. Murals shall be a work of art as determined by the Art Advisory Board 85 and 96 Be resistant to weathering or vandalism; and 87 Be maintained in good condition without deterioration and unrepaired damage; 88 and 89 Be unaltered from the approved design, and 90 4) Does not directly or indirectly encourage violation of any federal, state, or local 91 law. 92 93 c. Review Process. Any proposed new mural or any proposed modification to an 94 existing mural shall be reviewed and approved by the Art Advisory Board for 95 compliance with the Art in Public Places guidelines for works of art prior to 96 installation on any building or property. 97 98 Section 4. Each and every other provision of the Land Development Regulations 99 not herein specifically amended, shall remain in full force and effect as originally adopted, 100 Section 5. All laws and ordinances applying to the City of Boynton Beach in 101 conflict with any provisions of this ordinance are hereby repealed. 102 Section 6. Should any section or provision of this Ordinance or any portion 103 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 104 affect the remainder of this Ordinance. {004383162 306 9001821} 3 C:\U sers\SwansonI\Appdata\LocaI\M icrosoft\Windows\lnetcache\Content.Out]ook\SZSTQ0IA'\MuraI Ordinance(00438316- 2xc4b6a).Docx 52 105 Section 7. Authority is hereby given to codify this Ordinance. 106 Section 8. This Ordinance shall become effective immediately. 107 FIRST READING this d day of&--?2022. 108 SECOND, FINAL READING AND PASSAGE this day of k ' 109 2022. 110 CITY OF BOYNTON BEACH, FLORIDA III YES NO 112 113 Mayor- Steven B. Grant 114 115 Vice Mayor- Woodrow L. Hay 116 117 Commissioner-Justin Katz 118 119 Commissioner-Christina L. Romelus 4r'eo t- 120 121 Commissioner-Ty Penserga 122 123 VOTE 124 125 ATTEST: 126 127 128 129 Cristal Gibson, MMC 130 City Clerk 131 132 133 (Corporate Seal) 100438316,2 306-9001921) 4 C:\Users\Swansonl\Appdata\LocalMicrosoft)Windows\lneteache\Content.Outlook\SZSTQOLT\MuraI Ordinance(00438316- 2xc4b6a).Doex 53 10.0 Unfinished Business 12/14/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 12/14/2023 Art in Public Places Criteria Guidelines Requested Action: No action to be taken Attachments: Art Criteria Guidelines.pdf 54 Boynton Beach Arts Commission Guidelines and Recommendations Call to Artists Procedure and Artist Selection Methods Art Jury Committee/Panel A jury is selected by canvassing art professionals that will make up a credible panel for the purpose of judging art for the Art in Public Places Program. The panel will consist of curators, architects, artists, teachers, photographers, writers and other art professionals who have established notoriety and National or International accomplishments. The Arts Commission recommends in the case of a Call to Artists for a developer project that a City Representative, CRA Representative and a developer representative become members of the Jury Panel. This jury will be selected and managed by the Arts Commission. Once a Call to Artist is initiated and proposals are collected, the Art Jury Committee will receive the applications from the Arts Commission and narrow down the candidates to the designated number. The Arts Commission will then send a letter to each candidate to alert him or her of the next step (outlined in "Call to Artists"). The candidates will then meet the next level of criteria and submit materials for final judging. The Art Jury Committee will receive this material, review it and set up a one on one interview with the artists to have them present the project. The Art Jury Committee will select a finalist and present the finalist to the Arts Commission. The Arts Commission will announce the finalist, have the selected artist, and project officially made known. ARTWORK SELECTION A. Selection Criteria for Artists General criteria to consider in selecting artists for public or private projects should include: 1. The aesthetic and technical quality and originality of the artist's previous work as evidenced by slides and other supporting materials; 2. The artists previous experience with public art projects of a similar scale and scope; 3. The artist's demonstrated ability to execute and complete a project in a timely and professional manner; 4. The artist's ability to communicate ideas verbally and visually, and work effectively in a team environment; 5. The appropriateness of the artist's proposal to the particular project and its probability of successful completion; 6. A wide variety of nationally known artists as well as local artists. B. Selection Criteria for Artwork General criteria for the Commission or Developer to consider in selecting artwork for public or private projects should include: 1. Quality: artwork demonstrates originality, artistic excellence, and quality; Presented May 24, 2005 Revised 9/30/05 Page 41 of 64 55 Boynton Beach Arts Commission Guidelines and Recommendations 2. Media: all visual forms and media may be considered, subject to the selection jury or the Arts Commission; 3. Style: artworks of all schools, styles, and tastes should be considered; 4. Response to Site: artworks and art places should be appropriate in scale, material, form, content, and value for the immediate, general, social, and physical environments with which they are to relate; 5. Team Approach: encourage the early involvement of the artist as a member of the project design team of architect, engineer, landscape architect, etc.; 6. Durability: consideration should be given to structural and surface integrity, permanence, and protection against theft, vandalism, weathering, excessive maintenance and repair costs; 7. Elements of Design: consider that public art, in addition to meeting aesthetic requirements, may also serve to establish focal points, terminate areas, modify, enhance, or define specific spaces or establish identity; 8. Public Liability: artworks and art places should be examined for unsafe conditions or factors that may bear on public liability; 9. Diversity: strive for diversity of style, scale, media, artists, community values, forms of expression, and equitable distribution of artworks throughout the City. C. Selection Methods Artworks for private projects may be selected in a variety of methods. In addition to advertising of projects, the planned Art in Public Places Program Artist Registry will be a resource for the review and direct selection of an artist or artwork. Selection methods may include but are not limited to: 1. Open Competition: The project is advertised locally, regionally, nationally or internationally and through the planned artist data bank. Interested artists may submit materials for review, which include slides, letter of interest, resume and supplementary materials such as reviews, articles, books or brochures. 2. Limited Invitational: A selected number of artists are invited to submit materials for review. Artist finalists may be selected to submit detailed models for the project for which they will be paid a fee. 3. Invitation: One artist is invited to submit materials for review, and may be commissioned to create a detailed proposal. 4. Direct purchase: An existing work is purchased for a specific project. Presented May 24, 2005 Revised 9/30/05 Page 42 of 64 56 Boynton Beach Arts Commission Guidelines and Recommendations ARTIST SELECTION METHODS Private Development Process 1. Public Art Developers Guide received upon contact with Planning Department; 2. Arts Commission contacted; 3. Public Art fees paid to receive building permit; 4. Pre-Design consultation with Arts Commission member(s); 5. Artwork site/artwork selected; 6. Art in Public Places application submitted; 7. Review/approvals of artwork site and artwork (Arts Commission and appropriate city staff); 8. Artist/artwork commissioned/donated/purchased; 9. Artwork installed; 10.City notified of completion/Certificate of Occupancy application; 11.Application for return of refundable portion of public art fee. Commissioned Art Procedure City or Developer meets with Arts Commission to review the project and its specs. This is where we get the following information and evaluate the proposed project. It is a fact finding and information sharing session. The Project Manager or developer will give information about their intent and scope of the project. The Arts Commission will provide feedback on the art participation in the project. The Arts Commission member present at the meeting will bring the following information back to the Art Commission meeting for discussion: • Description of the project • Target Market for Project • Specs of the Project • Timeframe • Budget for the project The Arts Commission will prepare the projects criteria, evaluate whether the project will need to incorporate art as a purchase or commission. If a commission is determined then the Arts Commission will initiate a "Call to Artists". A "Call to Artists" is a process in which artists locally, nationally or internationally can submit via application process their credentials and materials to determine eligibility for the project. They are competing for the award to produce the Art in Public Places project. Presented May 24, 2005 Revised 9/30/05 Page 43 of 64 57 Boynton Beach Arts Commission Guidelines and Recommendations The Arts Commission prepares project criteria and determines the scope of the Call to Artists contest. A database will be managed, of artists, organizations and associations in which the Call to Artists can be executed. The Arts Commission will determine the scope of the project and whether the Call to Artist should be limited to local artists or opened to national and/or international artists. The Arts Commission will then define the project and prepare a document that details the project. The criteria will depend upon the level of scope of artists the Arts Commission wants to "Call". The preliminary "Call to Artists" information should include: • Project title • Project goals/budget • Artist Eligibility • Criteria Guidelines • Application Process • Selection Process • Submission guidelines and mailing instructions • Entry deadlines dates • Finalists Responsibilities Once this information is determined, the Arts Commission will contract a design firm to produce graphics for the initial "Call to Artist' information. The first release is designed to get an initial interest and awareness in the project. *This is demonstrated by Article labeled "Call to Artist' interest info in the Research Document. The information can be distributed through mailings, posted on the Arts Commission web site, through news releases targeted towards existing associations, organizations and publications. The interested parties reply to the mailer requesting a Preliminary Submission Form. The article in the Research Document is an example of a preliminary "Call to Artists". This information can be obtained by either mailing the info to the artist or by downloading a pdf from the Arts Commission web site. This is step two of the art selection process. The forms are completed by the Artist and submitted by the deadline. The applications are reviewed by the Art Jury Panel, which narrows down the candidates to the designated number. The Arts Commission will then send a letter to each candidate to alert him or her of the next step. This step will require a complete proposal for the project meeting all of the projects criteria. In addition, the artist will be required to create a maquette or mock up of the project. The artists are paid a fee to create a maquette or mock up of the project. The information that will be required in this proposal is: • How the artists work relates to the site and the design addresses the site needs • How the artwork meets the criteria for the project • What interests the artist about the project • Proposed materials samples Presented May 24, 2005 Revised 9/30/05 Page 44 of 64 58 Boynton Beach Arts Commission Guidelines and Recommendations • Itemized budget estimates including liability insurance during the contract period. • Specific maintenance requirements • Timeline of development, fabrication and installation The Art Jury panel sets up a one-on-one interview with the artists to have them present the project proposal. The Art Jury Panel will select a finalist and present the finalist to the Arts Commission. The Art Commission will release the finalist and have the selected artist and project officially announced. The Artist then is contracted to do the project and the project is processed through the technical review board and permit process. Presented May 24, 2005 Revised 9/30/05 Page 45 of 64 59 12.A Future Agenda 12/14/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 12/14/2023 Update on Florida State Grant for "Specific Cultural Project" Requested Action: Date TBD 60 12.B Future Agenda 12/14/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 12/14/2023 Revise Art in Public Places Program Guidelines Requested Action: Date TBD 61 12.0 Future Agenda 12/14/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 12/14/2023 Create Public Art Master Plan - Identify Art Locations and Establish a Priority Order Requested Action: Date TBD 62