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Minutes 10-06-04MINUTES OF THE REGULAR MEETING OF THE ARTS COMMMISSlON BOARD HELD AT THE SCHOOLHOUSE CHILDREN'S MUSEUM, 129 EAST OCEAN AVENUE, BOYNTON BEACH, FLORIDA, ON WEDNESDAY, OCTOBER 6, 2004 AT 6:30 P.M. Present Debby Coles-Dobay, Chairperson Richard W. Beaulieu, Vice Chair Kimberlee M. McGow Anita Remer Suzette Urs Michael J. McGoey, Alternate Linda Sage, Alternate Arleen Dennison, Board Liaison Absent Richard Brightfield Raymond A. Marcinkowski I. Call to Order Chairperson Coles-Dobay called the meeting to order at 6:37 p.m. II. Attendance Members introduced himself or herself and a quorum was declared present. II1. Sub-committee Meeting Notice regarding the Arts Commission Manual Chairperson Coles-Dobay announced that this is the eighth meeting for the Arts Commission Board and they are close to having the Arts Commission Manual completed. She will be meeting next Tuesday with Ms. Dennison to finalize the draft for submission to key staff in the City. They will be meeting from 2:00 p.m. to 4:00 p.m. on Monday in Ms. Dennison's office at the City Library. Any member that would like to attend is welcomed. Ms. Dennison has posted the sub-committee meeting notice. Chairperson Coles-Dobay noted that this Board needs committed members due to the volume of work and time involved in bringing everything together. She felt that it was important that all members remain dedicated to their mission and suggested that if any member did not want to remain on the Board it would be best for them at this time to resign. All members acknowledged Chairperson Coles~Dobay sentiments and wished to remain as members on the Board. She stressed that it was important for this Board to remain organized and professional when the Manual is presented to the City. Meeting Minutes Arts Commission Board Boynton Beach, Florida October 6, 2004 IV. Report on Sub-committee meeting on Call to Artists form- Linda Sage Chairperson Coles-Dobay reported that at the last meeting, the Board reviewed the funding and legal documents. She would like to discuss two new items dealing with procedures and "Call to Artists." Members were presented with copies of the minutes of the sub-committee meeting dealing with "Call to Artists" forms and requested that Ms. Sage review them with the members. Also attached to the minutes was a "Call to Artists" that was prepared by the Palm Beach County Cultural Council dealing with the Courthouse Entry Plaza project. At the sub-committee meeting, they discussed procedures on getting artists involved in projects. Ms. Sage noted that for every project it would be necessary to send out a Call to Artists. In order to make this uniform, the committee felt that they could come up with a standard form in addition to sending out a two-sided card for bulk mailing announcing the Call to Artists. The card would be sent out first and those artists that respond would be sent the standard form with the particulars of the project. Those particulars could include: v' Project goals, · / Mission statement, v' Amount, ,/ Eligibility, v' Submission criteria and v' Mailing instructions. The sub-committee also felt that all submissions, normally slides, should be of the same size in order to remain unbiased. Discussion ensued about establishing a Web site that could contain all this information. Ms. Urs inquired if the Call to Artists would be done by a professional designer for the projects as they come on board, She felt it was important that these be done professionally. Ms. Sage stated that this was discussed under design layout and distribution, The size of the mailing would be contingent upon the scope and size of the project. Ms. Urs inquired who would make these decisions and Ms. Dennison stated that this would be part of the budget process. Next discussed was establishing a database for a mailing list. Ms. McGow pointed out that there are many Web sites that contain lists of artists. Ms. Dennison recommended that members save all mailings that they receive so this information could be added to the database that she has started. It was noted that the Palm Beach County Cultural Council maintains a list. Ms. Dennison stated that she obtained the names of local artists who registered with the City's Occupational Licensing Department. Ms. Urs felt that the Board needed to maintain a national pool of artists. Ms. Sage inquired if the Board would also be interested in including international artists. Members Meeting Minutes Arts Commission Board Boynton Beach, Florida October 6, 2004 discussed dividing the database into national and international, depending upon the size of the project who would receive the Call to Artists. Ms. Sage also stated that the sub-committee discussed sorting the database into categories for different projects. Mr. Beaulieu pointed out that when the eligibility requirements are listed, many artists would be eliminated from participating because they could not meet all the requirements. Ms. Urs felt that the Board could set a precedent by including international artists in their search for artists. It was pointed out that including international artists would only be for large projects. Ms. Dennison offered to establish some fields for a database that the members could review and select the ones they want included or added. It could be tested by using McDonald's as an example. McDonald's that wants to do a mural on Federal Highway, and a search could be made for Florida artists. Mr. McGoey stated that when the Board has its own Web site all this information could be listed and the forms could be downloaded. Ms. Dennison stated that the Board could have a Web site that would be linked to the City's Web site. The City does have a Webmaster, but the Board would have to find a designer for the Web site. Mr. Beaulieu also recommended that artists be able to leave information on the Web site as well. Ms. Sage inquired if a Call to Artists came under the guidelines of public notice in accordance with the Sunshine Laws and how would committees be allowed to work independently. Ms. Dennison stated that when a project got to the judging stage, one member of the Board could serve on the jury, along with other qualified jurors who were not members of the Board. In this event, it would not require any notice. Ms. Sage also questioned that when a Call to Artists went out would it have to be done by public notice. Ms. Dennison responded that it would be public. Chairperson Coles-Dobay inquired if the criteria on the Call to Artists would have to be reviewed by the Legal Department prior to mailing. Ms. Dennison felt that once they agree upon a standard contract, she did not think it would have to go to Legal every time. Also, it needs to be determined who would sign the contract. Next discussed was selection of a jury. Mr. Beaulieu stated that this was important and that artists want to know who would be reviewing their submissions. There are several ways to find judges. Sometimes people submit their qualifications that could be kept on file and used when necessary. This information could also be maintained on a list. Chairperson Coles-Dobay inquired what type of people would be interested in being a member of a jury. Ms. Urs noted that there are art curators in the area that could serve on juries. Other possibilities would be regional art experts, architects, art teachers, etc. Ms. Urs pointed out the importance of having qualified jurors to make good judgments. Ms. Dennison noted that jurors were referred to as regional media art experts. It was Meeting Minutes Arts Commission Board Boynton Beach, Florida October 6, 2004 also suggested that jurors could apply by completing an application. Ms. Urs inquired if the Call to Artists form could be adapted to a "Call to Jurors" form. Ms. McGow also thought it would be feasible to come up with a letter introducing the Arts Commission to invite people to apply as jurors. Ms. Dennison also thought that when they submit their draft Arts Commission Manual to the City Commission, it should include a letter on letterhead with a logo and placed in a binder. Mr. Beaulieu pointed out that they need to have a mailing address, E-mail address, telephone and fax numbers where they could be contacted. Ms. Dennison stated for the time being as staff liaison, this would be her responsibility. Chairperson Coles-Dobay noted that there are a great many outstanding issues to be resolved such as - v' How the funds are managed v' Who does the record keeping, and v' Staffing Ms. Dennison stated that until they get to this point, these would be her responsibilities. Ms. Sage was not certain that every project would require a jury and Mr. Beaulieu stated that this should be a Board decision. Chairperson Coles-Dobay felt that if the job were small in nature, this Board might be able to perform that function. Ms. Urs pointed out that Mr. Hutchinson, when he addressed the Board, stated that the Board should not have the job of selecting any art. Ms. Urs felt that all projects should be judged by some kind of jury. Mr. Beaulieu pointed out that the jury would make recommendations to the Arts Commission and the Arts Commission would make recommendations to the City. Mr. Beaulieu has served on juries and continues to do so where they view slides for a particular event. The process involves viewing and grading each slide. Ms. Dennison would like to see a report card grading sheet and Mr. Beaulieu stated that it is usually graded on a scale of 1 to 7 with no 4. Ms. Dennison inquired about the criteria for judging the slides. Mr. Beaulieu responded that the slides are graded on artistic excellence and other criteria: do you like it or not. The judging results would then be sent back to the committee, or in this case, the Arts Commission. Normally the committee would agree with the jurors' decision. Members next discussed how the funds for these projects would be allocated. It was noted that the fund would be cumulative and that all the money collected for a particular project did not necessarily have to be spent on that project. Any money left over would be added to the fund. Chairperson Coles-Dobay thought that some of the money could be used to put art into the schools. She pointed out that the methods used to seek funding and approval of funding would be spelled out in the manual. Meeting Minutes Arts Commission Board Boynton Beach, Florida October 6, 2004 Ms. Dennison noted that there were prior discussions regarding the Arts Commission becoming a 501(c)(3) corporation. At that point, they would be able to hire a staff. However, until that time they have to go by the City process when dealing with money. Mr. McGoey felt that once the City approves the ¥2¢ funding, they should immediately apply for 501(c)(3) status. Ms. McGow inquired how the Arts Commission could become a 501(c)(3) corporation and still assess an impact fee. These are questions that need to be forwarded to the City's new Finance Director. Ms. Remer thought that the Board should consider increasing the fee and she was not sure if Y2¢ would be sufficient. Chairperson Coles-Dobay stated that the amount has yet to be decided and is still up for vote. Ms. Sage inquired about the timing of establishing a 501(c)(3) corporation and Mr. McGoey stated it could be done within 24 hours for the State. Approval by the IRS would probably take up to 8 weeks. Ms. Dennison asked what the advantage would be if they became a 501(c)(3) corporation and Mr. McGoey responded it would be good for appearance when seeking funding from other sources besides developers. Ms. Dennison would like the Arts Commission to attain some credibility within the City before setting up a 501(c)(3) corporation. Chairperson Coles-Dobay stated that this would be addressed in the manual. Discussion ensued on who would have authority to request and/or sign checks. Chairperson Coles-Dobay felt that they should ask the City for this authority. Ms. McGow pointed out that the City might consider this a risk and she thought that the Commission needed to produce results before asking for this authority. Ms. Dennison thought that the Board previously discussed starting out as a government based art fund and once it gets going, the fee would sunset in three to five years. At that point, the Arts Commission would function as a 501(c)(3) corporation. Mr. McGoey noted that if they did not become a 501(c)(3) corporation, they would limit their funding to only impact fees. He did not think that people would be amenable to giving money to a "government" for art projects. Ms. Dennison will research this issue further. Members returned to discussing the responsibilities of the juries. Chairperson Coles- Dobay inquired once the five finalists are chosen, what the next step would be. Members discussed whether this Commission or the jury would interview the finalists and view their mock up of the project. Also, a fee structure for the finalists needs to be set. Ms. Urs noted that if a juror's name was used for credibility, they should be the final selecting authority. The final selection would then be presented to the Arts Commission to announce the winner. Mr. Beaulieu stated that all these steps should be set forth in a timetable for the project. At this point, the winning project would go through the City's process beginning with the Technical Review Committee all the way to the City Commission for approval. Ms. Remer questioned if developers would complain that the entire impact fee they were assessed for art was not spent on the entire project. Chairperson Coles-Dobay pointed out that this would have to be approved by the City Commission. It was noted Meeting Minutes Arts Commission Board Boynton Beach, Florida October 6, 2004 that there would be maintenance, insurance and other fees involved in bringing the project to fruition. Chairperson Coles-Dobay inquired if any artists on the Arts Commission would be permitted to submit entries for any projects. Mr. Beaulieu did not think this would be allowed. Mr. McGoey felt this would give an appearance of impropriety. Timing of bringing the project on board took place. Ms. Urs noted that when the artists has been chosen, the first step would be to present the approved art plan to the Technical Revenue Committee. After that, comments would be given to the artist approximately two weeks prior to bringing it before the appropriate Board. Once it goes before a Board, it would go to the next scheduled City Commission meeting to establish funding through the Public Art Fund. Ms. Urs noted that if approved, a permit to install needs to be obtained. Ms. Urs also pointed out that proof of insurance must be supplied to the City and questioned when the artist must submit this. Chairperson Coles-Dobay stated that all these requirements would be set out in the Call to Artists. Chairperson Coles-Dobay noted that professional liability insurance is not that expensive and anyone wanting to do business with a government agency must carry the required insurance. Ms. Dennison inquired if there were companies that just installed art and was informed that there were companies that provided this service. Ms. McGow stated that if the artist was not going to install the work, it would be the artist's responsibility to contract that out. The artists would be responsible for everything through installation. Chairperson Coles-Dobay reported that the Manual is mostly complete except for a few items. Motion Mr. McGoey moved to accept the Manual and to have it printed. Motion seconded by Ms. McGow and unanimously carried. Next Meeting Dates: Monday, November 1, 2004 Monday, December 6, 2004 Monday, January 3, 2005 (Ms. Sage left the meeting at 8:25 p.m.) Ms. Dennison pointed out that they have not dealt specifically with murals and she felt that they would be dealing with murals at some time. Members were requested to forward any suggestions or questions on murals directly to Ms. Dennison so that they could be incorporated into the Manual. The question was posed if a Call to Artists should be used for murals as well and who would be included. Mr. Beaulieu recommended the South Florida area for murals. 6 Meeting Minutes Arts Commission Board Boynton Beach, Florida October 6, 2004 It was noted that McDonald's might be looking to add a mural on its building and Mr. McGoey inquired who would be paying for this. Ms. Dennison recommended that one of the members speak with Paul Raffa, the owner of McDonald's, to determine what he is looking for. Ms. McGoey offered to meet with Mr. Raffa and will repod back to the Board at the next meeting. Ms. Remer inquired if the Board wanted to make a decision on the request for funding and the amount. Chairperson Coles-Dobay noted that changes to the funding section were made in the Manual and the only thing remaining is determining the percentage that the Board wants to recommend. Members were not certain if it would be appropriate to vote for a percentage until it was determined if they would become a 501 (c)(3) corporation. Mr. McGoey did not think it was necessary to have a final document before the Board voted upon a percentage for the impact fee. Ms. Urs thought that they should consider the 1/2¢ that they have been discussing. Ms. Dennison thought that they need to research what other cities are charging. Also, Mr. McGoey stated that they needed to have a time period that the assessment would remain in place and he recommended four (4) years, after which the fee would sunset. Chairperson Coles-Dobay noted that language had been added that stated, "at this point the Arts Commission would evaluate ... to determine and recommend if it would continue." Vice Chair Beaulieu recommended requesting 1% since most cities are charging anywhere from 1/2% to 2%. Ms. Urs felt it was important to charge 1% because the Board would be having competitions involving international artists with first- rate judges. In order to do this, the Board must have the necessary funds. Motion Mr. McGoey moved imposing a 1% fee. Motion seconded by Ms. McGow and unanimously carried. Chairperson Coles-Dobay inquired if they needed a procedure to determine when art should be removed from public view or if it was no longer needed. Ms. Urs stated that it was not necessary to convene a jury to determine this and this is a function that the Board could do. Chairperson Coles-Dobay stated that they could review the projects within a certain time period and determine whether the Board wants to keep them or not. Ms. Dennison also reminded members that they need to come up with four (4) criteria for the TRC process and requested that members come back with ideas for the next meeting. 7 Meeting Minutes Arts Commission Board Boynton Beach, Florida October 6, 2004 Adiournment There being no further business, the meeting properly adjourned at 8:50 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (October 8, 2004)