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Minutes 09-26-06 MINUTES OF THE CITY OF BOYNTON BEACH ARTS COMMISSION MEETING HELD ON TUESDAY, SEPTEMBER 26, 2006 IN SUITE 106, C CHAMBER OF COMMERCE, BOYNTON BEACH, FLORIDA AT 6:30 P.M. Present: Richard Beau Lieu, Chair Suzette Urs, Vice Chair Cheryl Arflin Angela Budano Barbara Lentz Nubia Richman Christine Moeller, Alternate Barbara Ready, Alternate Debby Coles-Dobay, Public Art Administrator Vivian Brooks, CRA Arts Liaison Absent: Jean Kashan 1. Call to Order Chair Beau Lieu called the meeting to order at 6:32 p.m. II. Roll Call of Members Self-introductions were made. The above members were noted as present. III. Agenda Approval Ms. Debby Coles-Dobay, Public Art Administrator announced there were a few items she wanted to move. Ms. Vivian Brooks, Planning Director from the Community Redevelopment Agency, (CRA) would be attending the meeting and she wanted to speak about Las Ventanas, developed by Epoch Properties. She requested the board hear those items when Ms. Brooks arrived. There were no objections from the board to this change. IV. Approval of Minutes The members approved the regular August 22, 2006, and special September 12, 2006 meeting minutes by consensus. V. Business Items A. Announcements i. Resignation of Jean Kashan Arts Commission Meeting Minutes Boynton Beach, FL September 26, 2006 Chair Beau Lieu announced the above resignation. ii. Barbara Ready move from alternate to regular Chair Beau Lieu announced Ms. Ready, unofficially, would be moved from an alternate position on the board to a regular one. Ms. Coles-Dobay explained the process when an opening exists. The Commission member who has the regular appointment would need to be contacted and asked to move Ms. Ready up to a regular member. Iii. New Board Members Ms. Coles-Dobay introduced Ms. Debbie Brooks who was sitting in on the meeting to see if she would be interested in serving on the Arts Commission. Ms. Brooks had read the Public Art Ordinance and had spoken several times with Ms. Coles-Dobay. Ms. Brooks, who owns a small gallery in Boynton Beach, gave a brief history of her background and business. She was a student of the Armory Center for the Arts and will have other artists and students at the gallery. She has been involved with art for a long time. Chair Beau Lieu suggested an amendment to the advisory board memberships that would allow membership for individuals with any Boynton Beach address to serve be made. Ms. Coles- Dobay commented she would investigate the issue. B. Projects i. Review projects in the City that is subject to Public Art Ms. Vivian Brooks, Community Redevelopment Agency (CRA) Planning Director, arrived. Ms. Coles-Dobay discussed the Las Ventanas Project and she distributed a follow up from a meeting she had with Lisa Bright, CRA Executive Director, Ms. Brooks, and the developers of Epoch Properties. This project was located on the corner of Woolbright and Federal Highway and was a rental community project with two large complexes and retail on the lower levels. They had a site plan that expired September 1, 2006 and were applying for a site plan extension which would be subject to the 1% art fee, of which 70% would be about $490K. Another issue was the developer had completed the project design and was trying to avoid having to redraw the project to incorporate art and additional review by all departments. At the meeting held with the CRA, the developer acknowledged if they added a fountain, it would fulfill the art requirement; however, the developer contended they would not only be looking at the cost of the entire fountain, but at the associated infrastructure costs and redesign fees as well. To avoid further delays, "plop" art, which was basically, "plopping" art on the site, was being considered. Ms. Coles-Dobay explained the Ordinance specified the art could be incorporated into the project design and some of the fees could be returned, or the developer could use the funds to place art elsewhere in the City for credit. Ms. Coles-Dobay had suggested incorporating visuals into the pre-construction fencing to beautify the area until construction began. She had indicated to the developer at the meeting she would bring the matter to the Arts Commission. 2 Arts Commission Meeting Minutes Boynton Beach, FL September 26, 2006 Ms. Coles-Do bay wanted to discuss, if the Arts Commission considered some type of concession or deviation for this project, the impact it would have on other projects. She asked Ms. Brooks how many projects she was aware of that had similar concerns. Ms. Brooks had a list of several projects and reported those developers have gone through the procedure the City required and had paid all fees and individuals associated the process. The market did slow, and developers could not get construction financing. The issue was perhaps bad timing. Epoch was a very large developer having equity partners and multiple layers of financing. Las Ventanas had everything in place and now had an unanticipated 1% cost difference for the entire value of the project. The developers did not track it because they had already received site plan approval. Ms. Brooks expressed developers were not trying to beat the arts fee; the projects came through because the market was hot and then the market died. The City of Boynton Beach was also not the only City to experience this situation. Ms. Brooks thought the impact was worse for Boynton Beach because they were late coming into the redevelopment arena. Vice Chair Urs noted there were opportunities for the developer to pass on the expenses to the buyers of the units. She commented the Promenade just sold to someone else. Ms. Coles-Dobay reported the other issue was how many other projects in the past were in the phase Las Ventanas was in, and who had either applied for an extension, flipped the property or made major site plan modifications based on the market. She explained Renaissance Commons was changing their site plans because the market was soft and almost all of the projects were in the same stage as Las Ventanas. Ms. Brooks explained a 20% change in the project plans would be a major site plan modification and she was not necessarily in agreement that every site plan extension gets hit with the fee. She was in favor of art when the site plans were a major site plan modification. Ms. Coles-Do bay thought a study with the Building Department would be appropriate to determine how many projects started with the site plan and asked for an extension, and of those projects, how many were changed and to what degree. She speculated the results would reflect a large percentage of the developers adjusted their projects radically based on the market. Ms. Arflin noted the situation was the cost of doing business and developers should be calculating market changes. She commented the Ordinance had been on the books for a year and the Arts Commission could not deviate from it unless an amendment was made. Additionally, if they made a concession, a precedent would be set. The Ordinance has not been modified to include site plan extensions. If a site plan was going to expire two months before a developer got their building permit, they could be hit with the fee and then have to contend with their construction loan being due at the same time. Ms. Brooks suggested some type of balance between obtaining redevelopment and obtaining art and the issue was the extension and going back for changes. Many developers were clearing their land, possibly to circumvent the fee. This particular developer was looking for a 3 Arts Commission Meeting Minutes Boynton Beach, FL September 26, 2006 concession of $150K out of a $70M deal. The only thing that changed was the fee was challenged. The City of Boynton Beach Planning and Development staff and Vivian Brooks of the CRA had advised the developer of the art requirements. Ms. Brooks explained Las Ventanas contended they were too far along in their project to incorporate the art. They had drawings already and now they had to redraw the plaza area. Ms. COles-Dobay asked Ms. Brooks what kind of incentives in dollar amounts were invested with these developments. Ms. Vivian Brooks responded they had no incentives. It was always envisioned that once the Ordinance passed they could use some of their incentives to offset the costs. Putting art in the roundabout area was discussed with the developer but it was determined art could not be placed there because the landscaping design would have to be redrawn. Ms. COles-Dobay advised she had prepared information showing what could be used as art and she conveyed the developers were receptive to the concept when they initially came in to start the process. Ms. Brooks added there were other developers in the same situation. The bigger projects were okay with the art because they had already been through the process in other municipalities. But not all developers were familiar with the requirement. Ms. Brooks explained cities could get into trouble, legally, if developers were not told what to do, up front. Otherwise, there would be no issue. She suggested finding a way to work with the developer. Ms. Arflin explained the 1% never changes. Even if the developer supplied art, they would still have to pay the balance between the cost of that art and the 1%. Ms. Brooks requested clarification and asked if this applied even if the developer did not provide the art on site. Ms. Coles-Dobay explained the developer would receive credit for that 70%. Ms. Arfiin commented the verbiage was probably misleading, because the developer would not receive the funds back; they would have had to invest it in the art, or pay the Arts Commission to obtain the art. If a developer did not want to trigger any soft costs of the project, they could pay the 1%. Ms. Brooks advised $700K could mean the difference between moving forward with the project or not. The board thought the plans would not have to be redrawn and suggested looking for alternatives, such as creative lighting that could be applied, or incorporating several other smaller elements such as tiles or murals/mosaics. Using hardscapes, fountains, window trim or stained glass or medallions on the walls was discussed and it was determined a commercial artist logo would not be considered art. Other examples of acceptable elements would be pavers or an artist concept of a walkway, benches, and window treatments or archways. The monies do not have to be spent on one piece of art; it could be a combination of other elements. The board discussed that they would be approached about this every time, and would not tell developers what art to use. Rather, they were trying to provide examples of what could be considered art. The board empathized with the developer and was willing to assist them in finding alternatives in this regard, but if they made concessions for one developer they would have to make concessions every time and each meeting would be spent reviewing this topic. 4 Arts Commission Meeting Minutes Boynton Beach, FL September 26, 2006 Motion Ms. Arfiin suggested taking a vote maintaining the integrity of the original plan that was passed into law and that 1% is charged to all, and the provisions written in the Ordinance stand. Vice Chair Urs seconded the motion that unanimously carried. Ms. Brooks asked how long it would take to get the art approved and how was its value determined. Ms. COles-Dobay explained if they want to use the process outside the site plan, as with plop art, the developer could bring it to the Arts Commission at any time and they will make a determination at the next meeting. The Arts Commission noted it was pretty clear what was considered public art. Ms. Brooks noted Ocean One was upset about the Ordinance. The process was intensive, and changing a project even a few inches could have a huge impact. Ms. Arflin commented that in building, business takes the risk of the longer they take to build the project, the more things like price can change. Ms. Brooks commented everyone who was very enthusiastic about art was now coming in indicating they needed help with their project. It would be tough and political. Ms. Budano pointed out the Arts Commission did not want to give the impression they were being ridiculous. They want art to enhance development and the Ordinance was an educational process. People thought of art as a tangible sculpture and thought the 1% was negotiable. Art did not have to be buying something else on top of the project; it could be incorporated into the project and would help sell the project. Ms. Brooks announced most of the projects were not going to get construction loans because the market was not there and further suggested a friendly letter enclosing a list of what could be used for art, to each of the developers on the list might be appropriate so the Ordinance would not be a surprise. The Arts Commission would be contacting them with the information and thanked Ms. Brooks for all of her assistance. A list of projects put together by the Building Department was distributed that did not include all City projects. The second page of the list showed the projects Recreation and Parks were undertaking in the next year or two. Page three showed projects that were aware of the arts fee and have submitted an art application form. Ms. COles-Dobay announced there was $6K in the bank for a mural project for Commerce Bank. Another project was an industrial project called Ocean 95. She showed a picture of the site and how the developer used different structures to highlight the design. Lighting may also be added. Ms. Coles-Dobay explained the construction process as it related to the Arts Ordinance. There would be clear checkpoints along the way to evaluate the projects process. The 70% reimbursement was the motivation to the developer. Ms. COles-Dobay reported Mayor Taylor and one Commissioner wanted to help alleviate the pressure of when the developer pays the fees. The fees would no longer be paid at time of 5 Arts Commission Meeting Minutes Boynton Beach, FL September 26, 2006 permit. Rather, they would be paid when an inspection takes place closer to the issuance of a Certificate of Occupancy. Ms. Urs commented an artist would not want to wait until the issuance of a Certificate of Occupancy for payment and the Arts Commission did not think that would be a good idea. Chair Beau Lieu asked what percentage the artist would be paid upon contract. Ms. Coles- Dobay responded the draw is typically 50%. Ms. Coles-Dobay expressed she thought the payment should go to the developer since the responsibility for the art is with the developer. Ms. Arfiin recommended making payment directly to the artist, otherwise there would be collection issues. Ms. Coles-Dobay indicated they then were funding the program with the artist. Ms. Coles-Dobay explained the artist would be considered a subcontractor. When the developer presented proof of payment to the artist, then the funds would be released. Ms. Debbie Brooks commented if the contractor did not pay the subcontractor, then a lien could be placed on the structure. Ms. Coles-Dobay noted in those instances, a CO would not be issued and commented if at a month before CO, the builder had not complied, the Arts Commission would keep the funds. It was noted City projects were subject to the 1% fee and the art could be taken down or moved. Chair Beau Lieu said this was all worked out. Ms. Arflin had several questions on definitions of ownership and thought the issue needed to be researched. She read several sections of the Ordinance and requested Ms. Coles-Dobay bring the definition of ownership to the next meeting. Motion Ms. Ready moved to collect fees up front at the permit process, as Ms. Coles-Dobay had recommended. Vice Chair Urs seconded the motion that unanimously passed. Ms. Coles-Dobay spoke about Yachtsman Cove, and the Avenue of the Arts project in which the City was looking to purchase sculptures. She asked if the Arts Commission wanted to apply sponsorship dollars to public arts requirement. Yachtsman Cove was interested in having additional art near its property. The Arts Commission had no objection to this as long as the donation was not in lieu of having the art on their property. Yachtsman Cove asked how they could get marketing leverage out of the art. An example of this would be alerting community residents to their website to vote on what type of art to include. Ms. Coles-Do bay thought since they would be one of the sponsors, they should help with the selection of the artists. Vice Chair Urs suggested having bus stops along Federal Highway for additional exposure. a. Carolyn Sims Project Update . Discuss October 24 meeting about Carolyn Sims with family, sons Javaro, Guarn, and daughter, Miguell This item was discussed at the end of the meeting. b. Eternal Flame Project Update . Review position of recommendation to City Commission and Veterans Board 6 Arts Commission Meeting Minutes Boynton Beach, FL September 26, 2006 Ms. Coles-Do bay discussed Town Center at Ocean Front Park and Ocean Tower and explained this was the development that would include Veterans Park. The developer was partnering with the CRA and there were areas for public art and the Eternal Flame Project. There were still areas that needed to be acquired and there may be litigation. The members discussed whether they could develop the site without the entire properties. Commissioner Ensler wanted to see some designs for the Eternal Flame now; she questioned whether they could develop the site when they do not know the future of the park. She indicated the Arts Commission could contact the artists and let them know where the new location would be. The board had previously discussed how to notify the artists about the site. The issue was now to request their visions for what the Eternal Flame would look like. The time frame for development was still way out. It was thought if they got a design from an established artist with a plan for the structure, the Arts Commission could always recommend the artist work with the planners for the remainder of the space and look at other ways to add public art to the space. This developer was proposing to install fountains similar to those found in Las Vegas at the Bellagio. She requested confirmation the fountains would be public art and the members agreed it was. The members thought notifying the artists about the project and then having to wait would not be fair. The members discussed contacting the artists and asking for proposals to be received prior to Thanksgiving. The artists would be given $500 for a maquette. Motion Ms. Budano made a motion to move forward on the Veterans Eternal Flame Sculpture to go as noted before, in Bicentennial Park, with the concession that it may need to be moved and the proposal would be received the Wednesday before Thanksgiving. Chair Beau Lieu seconded the motion that unanimously passed. c. Additional projects . Hemingway Square This item was discussed earlier in the meeting. · Yachtsman's Cove This item was discussed earlier in the meeting. . Others . American Legion Ms. Coles-Dobay announced Commissioner Ensler was donating a sculpture to be placed at the American Legion. d. Avenue of the Arts . Artists & Artwork . Sculpture Sites . Timeline . Event Planning 7 Arts Commission Meeting Minutes Boynton Beach, FL September 26, 2006 Chair Beau-Lieu explained at the Special Meeting, six pieces of art were tentatively selected for the Avenue of the Arts project. Ms. COles-Dobay had additional submissions, which were discussed. It was noted some locations would need slabs or reusable bases for anchoring purposes. A discussion ensued about liability and obtaining artwork coverage. The members thought the art should be large enough to be visible when driving by and placing the art in the right-of-way was discussed which may not necessarily mean a permit is needed. VI. Boynton Beach Arts Marketing Materials Ms. Coles-Dobay distributed materials for the members to review. The members thought more logos should be developed with a more artistic flair and less of a corporate one. The members were asked to bring in their ideas. The use of turtles was discussed. VII. Art Process Recommendation This item was discussed earlier in the meeting. VIII. New Business Items Ms. COles-Dobay announced the next meeting was October 24th. The family of Carolyn Sims would be attending the meeting and a discussion on a memorial to her at Wilson Park would take place. Ms. Coles-Dobay had information on the contributions Ms. Sims made to the community. The Art Commission was asked to determine what could be incorporated into the memorial. Chair Beau Lieu spoke with individuals about fundraising, and suggested inviting those individuals to the meeting to brainstorm. Ms. Budano announced three members would be attending the Visions 20/20 meeting on October 20 and 21, 2006. They would have some good ideas to bring to the meeting. VIII. Adjournment There was no further business. Motion Ms. Arfiin moved to adjourn. Chair Beau Lieu seconded the motion that unanimously passed. Meeting adjourned at 8:47 p.m. Respectfully submitted, Catherine Cherry-Guberman Recording Secretary 092806 8 Arts Commission Meeting Minutes Boynton Beach, FL September 26, 2006 Chair Beau-Lieu explained at the Special Meeting, six pieces of art were tentatively selected for the Avenue of the Arts project. Ms. COles-Dobay had additional submissions, which were discussed. It was noted some locations would need slabs or reusable bases for anchoring purposes. A discussion ensued about liability and obtaining artwork coverage. The members thought the art should be large enough to be visible when driving by and placing the art in the right-of-way was discussed which may not necessarily mean a permit is needed. VI. Boynton Beach Arts Marketing Materials Ms. Coles-Dobay distributed materials for the members to review. The members thought more logos should be developed with a more artistic flair and less of a corporate one. The members were asked to bring in their ideas. The use of turtles was discussed. VII. Art Process Recommendation This item was discussed earlier in the meeting. VIII. New Business Items Ms. Coles-Dobay announced the next meeting was October 24th. The family of Carolyn Sims would be attending the meeting and a discussion on a memorial to her at Wilson Park would take place. Ms. Coles-Dobay had information on the contributions Ms. Sims made to the community. The Art Commission was asked to determine what could be incorporated into the memorial. Chair Beau Lieu spoke with individuals about fundraising, and suggested inviting those individuals to the meeting to brainstorm. Ms. Budano announced three members would be attending the Visions 20/20 meeting on October 20 and 21, 2006. They would have some good ideas to bring to the meeting. VIII. Adjournment There was no further business. Motion Ms. Arfiin moved to adjourn. Chair Beau Lieu seconded the motion that unanimously passed. Meeting adjourned at 8:47 p.m. Respectfully submitted, (1. (i ALl ~- J.1MAUiYYKV'r1 Catherine Ch rry-Guberman Recording Secretary 092806 8