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Minutes 08-23-05 MINUTES OF THE SPECIAL MEETING OF THE ARTS COMMISSION BOARD HELD AT THE SCHOOLHOUSE CHILDREN'S MUSEUM, 129 EAST OCEAN AVENUE, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 23, 2005 AT 6:30 P.M. Present: Debby Coles-Dobay, Chairperson Richard W. Beau Lieu, Vice Chair Cheryl K. Arflin Angela Budano Barbara Lentz Anita Remer Suzette Urs Deborah Nesbit, Alternate Arleen Dennison, Board Liaison Call to Order Chairperson Coles-Dobay called the meeting to order at 6:30 p.m. and noted that all members were present. Chairperson Coles-Dobay requested everyone to introduce himself or herself for the benefit of the new Board member, Ms. Barbara Lentz. Ms. Lentz gave a brief background on herself as well. Announcements Ms. Budano reported that she went on a tour of the City's parks with the Recreation and Parks Board and Mr. Majors, who offered to take the Board on a tour anytime the Board wished to do so. She felt the tour was very worthwhile and that she would be working on a special park project with the City. Review of the Revised Draft Ordinance Chairperson Coles-Dobay reminded members that they have been waiting for the City to prepare an Ordinance to present to the City Commission and a presentation was given to the City Commission and the Community Redevelopment Agency on May 24th this year. After the presentation, all the Board's documentation, research, and Executive Summary were forwarded to Legal to prepare an Ordinance. The City Manager had informed the Board that an Ordinance should be ready to present to the Commission in August. The draft Ordinance was received last Monday. When Chairperson Coles-Dobay received the Ordinance, it was not what was expected nor did it include any information from the material that had been presented. The information in the Ordinance had no correlation to the research that the Board had done during this past year. Meeting Minutes Arts Commission Special Meeting Boynton Beach, Florida August 23, 2005 As a result, Chairperson Coles-Dobay and Ms. Dennison revised the Ordinance so that it would contain the information that was actually presented. Chairperson Coles-Dobay met with staff from Planning and Zoning (P&Z) to make sure if they were proceeding correctly. They worked with the Planning and Zoning staff and have come up with a revised Ordinance that they would like the members to review. The P&Z staff agreed that the Arts Commission approach was appropriate and they felt it was in order to be presented to the Commission. P&Z staff worked with them to properly state how the collection of the one percent fee would be applied and they felt it was stated correctly. Chairperson Coles-Dobay and Ms. Dennison have been working for the past few days to re-write the Ordinance so it could be presented to the City Commission with the information they researched. Chairperson Coles-Dobay was disappointed on how Legal prepared the Ordinance and she conveyed her feelings to Mayor Taylor and Commissioner McKoy. She would like the Board to review the Ordinance so that a final document could be forwarded to Legal in time to make the last agenda for the month of September. Ms. Dennison will prepare an Agenda Item Request Form for the September 20th City Commission Meeting. If approved, it would have its first reading at that time. Ms. Urs asked what Mayor Taylor's reaction was when Chairperson Coles-Dobay informed him of what happened. Chairperson Coles-Dobay pointed out the inaccuracies in the original Ordinance and Mayor Taylor informed her that he would look into it. At that point, she informed them that the Arts Commission would re-write the document and she would keep Mayor Taylor informed. Commissioner McKoy recommended that she contact Legal to sit down with them in order to come up with the proper document. Mr. Bressner's office recommended that this Board rewrite the Ordinance and submit it to Legal. Ms. Budano felt it was important that the Ordinance be clear in what the Arts Commission wanted to present through its Executive Summary. She agreed that the Ordinance was not what this Board had intended in any way whatsoever. Ms. Dennison commended Chairperson Coles-Dobay for the tremendous amount of time and effort she has put into preparing the new Ordinance. Ms. Dennison recommended that they review the revised Ordinance so it could be presented to the City Manager tomorrow. Ms. Dennison pointed out that she had forwarded all Board members a copy of the Ordinance furnished by Legal as soon as she received it. In the Ordinance prepared by Legal, instead of collecting the one percent fee based upon construction costs, they prepared it so that the funding mechanism was transferred into a square footage based upon the project, in addition to a lot of other discrepancies. 2 Meeting Minutes Arts Commission Special Meeting Boynton Beach, Florida August 23, 2005 The draft Ordinance also named a "Public Art Committee" that paralleled this Board and there was no mention of the Arts Commission. Mr. Beau Lieu interpreted this to mean that there would be an entirely new committee that would include a high school student. Ms. Urs referred to the square foot funding and if the funding mechanism that this Board is recommending is adopted, many projects would never have to pay a public art fee, because the Board is using a set figure of $250,000 and above. Ms. Dennison noted this Board spent over a year and one-half planning the funding mechanism and the consensus was that the fee would be collected using the $250,000 minimum and square footage was never discussed. Ms. Urs inquired why both funding mechanisms could not be utilized. Chairperson Coles-Dobay explained that using the 50~ per square foot formula would require an evaluation on a cost basis every year. Members proceeded to review Chairperson Coles-Dobay revised Ordinance. Ms. Dennison pointed out that the Ordinance before the Board now is a new document resulting from the meeting with the Planning and Zoning staff. Chairperson Coles-Dobay noted that the third "Whereas" clause sets forth how the Arts Commission would operate in accordance with Ordinance No. 01-64 established on January 2, 2002. Ms. Arflin recommended that after the date January 2, 2002, it should be stated "and codified as Article 9, Chapter 2." In the Ordinance drafted by Legal, they referred to "Public Art Programs," whereas this Commission has always referred to "Art in Public Places Program." This verbiage has been changed accordingly throughout the entire document. Ms. Arflin questioned in the last "Whereas", why the Art in Public Places Program required amending the Land Development Regulations. Chairperson Coles-Dobay explained this was necessary since a fee was involved. Next, Ms. Arflin questioned in Section 2 (Short title; intent), the last sentence that read, "The requirements of this chapter shall be construed to promote the aesthetic values of the entire community and to encourage the preservation and protection of works of art." Chairperson Coles-Dobay stated this was in the draft that Legal prepared and she did not see the need to change it. Ms. Arflin felt it was important that the Ordinance carry weight and the word "aesthetic" might not be appropriate. Ms. Dennison recommended in the two places where it states aesthetic, the words "historic and cultural" be added. Members agreed to this change wherever it appears. Under "Arts Commission", Section B, "ordinance no. 01-64" should be changed to "Ordinance No. 01-64." Chairperson Coles-Dobay pointed out that the Ordinance refers back to the Guidelines and Recommendations. Ms. Arflin felt they should not tie themselves up with language that is codified and she recommend not having such specific language that would prevent the Arts Commission from doing what it set out to do. She would recommend 3 Meeting Minutes Arts Commission Special Meeting Boynton Beach, Florida August 23, 2005 that the Section dealing with selection criteria that allowed the City to have approval powers be deleted entirely. The Section dealing with the Art Fee has been changed back to the original language that the Arts Commission proposed that construction value of $250,000, for which a permit is required, would participate in the Art in Public Places Program. Next discussed was the section entitled "Art fee for development and redevelopment." The Art Commission proposed that a construction fee of $250,000 and over would apply and would be collected by the Building and Code Compliance Departments at the time of permit issuance. The Planning and Zoning Department reviewed this process thoroughly. Ms. Arflin inquired if the Arts Commission would have a process available to allow the Arts Commission to have access to the funds. She pointed out that there was nothing in the Ordinance that addressed this. Ms. Dennison referred to the Section entitled "Powers and Duties of Committee." In paragraph (3) of that section, it authorized expenditures for maintaining and implementing the Art in Public Places Program. Chairperson Coles-Dobay acknowledged that the fees to be collected go to the Public Art Fund and she felt language needed to be added to clarify this process. She will revise this language to state that after the fees are collected, they would be deposited into the Public Art Fund. Appropriate language will be added to this section (A). Ms. Arflin inquired if the City would be getting a fee or percentage of the fees collected. Chairperson Coles-Dobay was unaware of this. Ms. Arflin recommended language that would state that one hundred percent (100%) of the fees collected would be deposited in the Public Art Fund. It was noted that there might be expenditures from this Fund due the City for services the City may perform on behalf of the Arts Commission. These would be for expenditures in the normal course of business. Ms. Arflin proposed that the following language be used in place of the current paragraph (A)(3): "Once the funds are collected, one hundred percent (100%) of the funds collected are to be applied to the Public Art Fund. All distributions from the Public Art Fund are to be authorized by the Arts Commission." Chairperson Coles-Dobay recommended that the word "applied' be changed to "allocated." Members agreed to this change. Next discussed was the language in Paragraph (2) in the Section entitled "Art fee for development and redevelopment" that deals with "affordable housing." Chairperson Coles-Dobay noted the City has specific language that defines affordable housing and no fees would be assessed for affordable housing. She pointed out however, that if a very large development included some units for affordable housing, only those units would be exempt from the fee. The remainder of the units would not be exempt from the 4 Meeting Minutes Arts Commission Special Meeting Boynton Beach, Florida August 23, 2005 fee; this is why the language was drafted to state only a percent of the project dedicated to affordable housing, as defined by the City of Boynton Beach would be exempt from the fee. Chairperson Coles-Dobay explained the Planning and Zoning staff provided this specific language. Ms. Arflin questioned if "workforce housing" should be added to the definition of affordable housing. Chairperson Coles-Dobay did not think it was necessary to include this since the Planning and Zoning staff had drafted this language. Ms. Arflin asked if the language in paragraph (B)(2)(b) of the Section entitled "Art fee for development and redevelopment" that states "artwork must be approved by the Arts Commission and conform to adopted Public Art Guidelines" should be deleted. She felt the language indicated that this was codified and might be misinterpreted. She recommended the language be changed to read, "Approved by the Arts Commission in conformity with the Public Art Guidelines." The words "and conform to adopted" would be deleted. In Paragraph (C) of this same Section it provided that a person would not be held up from receiving their Certificate of Occupancy. This paragraph allowed them up to six months after issuance of the building permit to obtain approval of their proposed artwork from the Arts Commission. Ms. Arflin did not think the language "not suffer from excessive delay" in the first sentence of (C) was appropriate and recommended it be deleted. Discussion ensued on whether the Section dealing with "Art and artist selection criteria" needed to be included in the Ordinance. Ms. Arflin recommended that the entire section be deleted and that one sentence reading as follows be substituted for the deleted language: "All art and artist selection criteria shall be in compliance with the Arts Commission's Guidelines and Recommendations." The next section reviewed was the "Public Art Fund." Chairperson Coles-Dobay read the language in paragraphs (1) and (2) of this section. Chairperson Coles-Dobay asked if members felt all the cited language was necessary. Ms. Arflin recommended adding language after "exceeding $250,000" in the fourth line that would read "including the exemptions as described in the section that addressed this." She thought it was important that this language be in this section as well. Chairperson Coles-Dobay inquired if this language needed to be repeated in paragraph (2) as well. Ms. Arflin recommended deleting the word "solely" in the first line of that section. After discussion it was determined to leave the section in as written, but to delete the word "solely." Ms. Arflin also recommended adding language that would read, "expenditures from the Public Art Fund shall include, but not be limited to, expenses associated with..." 5 Meeting Minutes Arts Commission Special Meeting Boynton Beach, Florida August 23, 2005 Ms. Dennison did not think it was feasible to state the exact percentage that would go towards the endowment. She recommended stating that the 30% of the 1 % Public Art Fee would go towards administration and endowment. This would afford more flexibility. Ms. Arflin recommended that they check with Legal to make sure if they are approaching the endowment aspect of the Art in Public Places Program correctly. Chairperson Coles-Dobay recommended that Ms. Arflin E-mail Ms. Dennison with her endowment concerns that could be sent onto Legal. Ms. Dennison also noted that the Ordinance gives no leverage for major gateway projects that do not want to do public art. Ms. Urs thought that the Board had previously discussed this and there was something in the Guidelines that addressed this. Ms. Dennison noted that one of their original goals was for the Arts Commission to become a 501 (c)(3) not-for-profit entity. Chairperson Coles-Dobay felt this would be discussed at a future date. The remainder of the Ordinance was discussed that included the locations where Public Art would be placed and established a priority order. The remaining sections were basic standard legal language. Motion Mr. Beau Lieu moved to approve the changes to the Ordinance. Motion seconded by Ms. Budano and unanimously carried. Sub-Committees For the benefit of the new Board Member, Chairperson Coles-Dobay explained that the Board has been divided into sub-committees to address various issues. Sub- committees are permitted to meet as long as the meetings are publicly noticed. . Grant Writing - Cheryl Arflin Review the Call to Artists for the Carolyn Sims Memorial Ms. Dennison reported that a grant request for $30,000 has been submitted to the Palm Beach County Cultural Council Artist-in-Residency Program, a copy of which was presented to the members. The sub-committee (Chairperson Coles-Dobay, Ms. Arflin, and Mr. Beau Lieu) with City staff members selected Frank Varga for the grant and Mr. Varga was notified of his selection in writing. Ms. Dennison anticipated that the outcome of the grant request should be known sometime in September. If they receive the grant, the grant must be matched with community donations and in-kind donations. If the grant request is denied, they will look at putting a program together without the Palm Beach County Cultural Council grant and still move forward with the project. 6 Meeting Minutes Arts Commission Special Meeting Boynton Beach, Florida August 23, 2005 Ms. Dennison referred to the background on Mr. Varga that was included in the agenda packet. Ms. Dennison reported that 58 responses were received to the call for artists for the project from all over the world and 11 applications were actually received. Ms. Arflin reported she attended a grant's writing seminar that will be useful when they apply for other grants. She inquired if a letter was sent to the artists that were not selected and Ms. Dennison related that a letter was sent to them. Ms. Dennison commented that working with the Recreation staff on this project was very rewarding. Most of the work was done in-house and was an excellent learning tool. . Traveling Exhibit - Rick Beau Lieu Additional exhibits available Report on insuring exhibits Mr. Beau Lieu spoke with Jeanne Heavilin, the Chairperson for the CRA. Ms. Heavilin is trying to arrange a meeting with Ms. Ginny Foot, Jim Williams and Mr. Beau Lieu. The purpose of the meeting is to gather together the pieces of art from the last two years from Sister Cities, assess their condition, make repairs, if necessary, and perform an inventory of the pieces. It is the intent to attach a wire or hanger to the back of the art pieces so they could be stored and moved into various businesses and then put up and displayed. Mr. Beau Lieu has a list of organizations that would be willing to display the artwork. Ms. Dennison reported that the City's Risk Manager, Chuck Magazine, informed her that if the City does not own the artwork, the current policy would not insure the art. Mr. Magazine was going to look into the cost of a rider, if they borrowed or leased artwork from other parties. This cost would then become part of the Arts Commission's budget. The artwork for the Sister Cities had their own insurance, so it was not an issue. However, this needs to be determined for other exhibits. Ms. Arflin pointed out that they need to come up with an agreement between the Arts Commission and the artists when their artwork is displayed in the City. Ms. Dennison pointed out when traveling exhibits are displayed in the Schoolhouse Museum, there is a standard contract that is utilized by most traveling exhibit firms. If a building does not have a security system, it would not qualify for the exhibit. . Artists Database - who can take this over? Ms. Dennison noted that the Board member that had been working on this resigned from the Board and someone else needed to take it over. Ms. Lentz inquired if the Board had considered joining the Florida Arts Registry and pointed out that a lot of artists are listed with this registry. Ms. Dennison offered to met with Ms. Lentz to bring her up-to-date on the progress that has been made for the database. Ms. Lentz indicated she would be willing to work on the database. 7 Meeting Minutes Arts Commission Special Meeting Boynton Beach, Florida August 23, 2005 . Fundraising Events/Art Event - Suzette Urs & Deborah Nesbit Raiders of the Lost Art update Ms. Urs reported that Publix Supermarket is donating $100 towards the event. She has spoken with the manager of the CVS Pharmacy and has asked them to donate 100 cameras. He is checking with his manager to see if this possible. Ms. Nesbit had contacted Wal*Mart and they will be taking her request to their headquarters. She anticipated that Wal*Mart would be making a contribution. In addition she contacted Office Max and they will be forwarding her request on to management. She has contacted Party City that will be getting back to her. She left a letter with Winn-Dixie and Walgreen's. She thinks that Walgreen's would be contributing. She is still trying to contact Target Stores. Ms. Urs explained that they are trying to put together a goody bag to hand out to the participants along with a camera for taking pictures. Ms. Dennison has applied for a special events permit for Saturday, October 8th. Sign up will take place between 10:00 a.m. and 12:00 noon at the Schoolhouse Museum and the cameras will be distributed. After that, people will go out with their cameras and bring them back between 4:00 p.m. to 5:00 p.m. On Saturday, October 15th, from 3:30 p.m. to 5:00 p.m. the Library Program Room has been reserved for displaying the photos that were submitted. Ms. Urs noted that judges are needed for the event. Ms. Urs explained that the purpose of this event is to get the citizens excited about art. Ms. Lentz inquired if the schools were contacted for participation. Ms. Urs said she could use help with this aspect of the program. Ms. Dennison said that a press release would be sent out announcing the event. Ms. Arflin also offered to work on a press release. Ms. Lentz will contact the schools. Ms. Remer and Mr. Beau Lieu offered to be judges. Ms. Nesbit was advised to contact Bethesda Hospital to see if they would like to participate, as well as the Chamber of Commerce. Ms. Dennison announced she had a letter that could be used when asking businesses to make a contribution to the event. . Boundless Park - Angela Budano, Debby Coles-Dobay & Anita Remer Ms. Budano toured the site of the future Boundless Park. The architect will be selected at the October City Commission meeting. Once the architect is selected, they will be meeting with the Arts Commission for input. . Eternal Flame Memorial Review Discuss Procedures 8 Meeting Minutes Arts Commission Special Meeting Boynton Beach, Florida August 23, 2005 Chairperson Coles-Dobay noted it still needed to be determined where the Eternal Flame Memorial would be placed. Originally it was intended to be placed in the circle at the American Legion Hall, but after further consideration, it was determined to place it where it would have more visibility. Veteran's Park has been mentioned as one possibility. Once this is determined, a call to Artists could go out. In addition, the budget for the project needs to be determined. Chairperson Coles-Dobay also noted that a Veteran's Board has been formed that will be working on this project. Ms. Dennison reported there is a great deal of enthusiasm for the Eternal Flame Memorial. Program Planning Establish interview panel for the Public Art Administrator position Vote on a Program name which can be used for a Website url o Boynton Arts o Art in Boynton o Boynton has HeART o Boynton Beach Art o Boynton Public Art Boyntonarts.com/org Artinboynton. com/org Boyntonhasheart.com/org Boyntonbeachart. com/org Boyntonpu blica rt. com/org Chairperson Coles-Dobay recommended they select a program name before addressing the interview panel for the Public Art Administrator. Chairperson Coles-Dobay announced that Boynton Arts received three (3) votes; Boynton has HeART received one (1) vote; Boynton Beach Art received (2); and Boynton Public Art received one (1). She thought the Board should select between Boynton Arts or Boynton Beach Art. After discussion, it was determined to call the Program Boynton Beach Art. Motion Ms. Budano moved to approve Boynton Beach Art (Boyntonbeachart.com/org) as the Program name. Motion seconded by Ms. Remer and unanimously carried. The next item addressed was establishing an interview panel for the Public Art Administrator position. Chairperson Coles-Dobay inquired if all the members received the criteria for the position. Ms. Dennison responded that her new Administrative Assistant is putting all the criteria that the Board selected into the City's job description format. As soon as the budget is approved, they will advertise for the position. Ms. Dennison recommended that members work on questions they would like to ask during the interview process. There should be a panel of at least three people to conduct the interviews. All candidates must be asked the same questions. The questions must be submitted and approved by the City prior to the interviews. Ms. 9 Meeting Minutes Arts Commission Special Meeting Boynton Beach, Florida August 23, 2005 Dennison has already received applications for the position and anticipated they could begin the process in early October. Mr. Beau Lieu, Ms. Arflin and Chairperson Coles-Dobay offered to serve on the interview panel. The person selected would then become the staff liaison to this Commission. Before they can proceed, the City Commission has to approve the budget, which is usually done mid-September. Program Logo Hire company or go out to artists Mr. Beau Lieu was in favor of hiring someone for this purpose. Chairperson Coles- Dobay noted they cannot do this until there is funding in place. Program Literature Who is Arts Commission? o Brochures and/or brief presentation for developers and city planners on how the Arts Commission can assist in developing an art project o One page outlining process of how Art Project initiated Chairperson Coles-Dobay felt that once they prepare the information write-up, they could have someone professionally prepare the brochures. Ms. Dennison stated they need a piece of literature that would state what the Arts Commission has to offer to development in Boynton Beach. Ms. Arflin offered to work on this. Web Site What we are looking for: Mission statement Who is Arts Commission Board Ordinance Projects-in process, past and future News-articles and press releases Call to artist bulletin Artist registry Links to organizations, associations, city sites Events - past, present and future Marketing materials Marketing programs Program targeted to developers and city planners Program on fundraising, events, etc. 10 Meeting Minutes Arts Commission Special Meeting Boynton Beach, Florida August 23, 2005 Ms. Dennison reported she had an excellent meeting with the City's IT Department and they offered to set up a basic web page for the Arts Commission to give it some presence. Since a name has now been selected, they would be able to move forward with this. In the future, Ms. Dennison envisions the website would link to other organizations, contain a call to artist bulletin service, an artist registry etc. All this will have to wait until there is staff and funding in place to perform this work. The IT Department also set up group e-mail with approximately 90 names that Ms. Dennison provided them. This will now allow her to send e-mail to everyone at one time. All Board members are on the list, as well as the people that attended the workshop. They will be able to use this format when the next call to artist goes out. Chairperson Coles-Dobay announced that Linda Sage has resigned from the Board. Ms. Dennison distributed photos of an artist that resides in Vero Beach for the Board to view. The photos presented an alternative view that could be applied to architectural features. Ms. Dennison also presented a copy of a newspaper article dealing with the "mermaid" sculpture that was intended for display in Wellington. Mr. Beau Lieu noted this was a perfect example that consideration needs to be given to art pieces before they are publicly displayed. Ms. Remer thought that the turtle displayed in the photograph presented to the Board should be adopted as the Arts Commission mascot. Members concurred with this recommendation. Motion Ms. Remer moved to adopt the turtle as the Arts Commission mascot and name him "Art." Motion seconded by Ms. Budano and unanimously carried. Chairperson Coles-Dobay inquired if the Commission should purchase this particular artwork and Ms. Remer felt that it should. Adiournment There being no further business, the meeting properly adjourned at 8:32 p.m. Respectfully submitted, /7 'i)'l/,-indi'-- /t~ /vt RAU~...... Barbara M. Madden Recording Secretary (September 1, 2005) 11