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Minutes 10-10-06 MINUTES OF THE CITY OF BOYNTON BEACH ARTS COMMISSION SPECIAL MEETING HELD ON TUESDAY, OCTOBER 10, 2006 IN SUITE 106, C CHAMBER OF COMMERCE, BOYNTON BEACH, FLORIDA AT 6:00 P.M. Present: Richard Beau Lieu, Chair Suzette Urs, Vice Chair Angela Budano Nubia Richman Christine Moeller, Alternate Barbara Ready, Alternate Debby COles-Dobay, Public Art Administrator Absent: Cheryl Arflin Barbara Lentz I. Call to Order Chair Beau Lieu called the meeting to order at 6:09 p.m. II. Roll Call of Members Self-introductions were made. III. Agenda Approval It was requested New Business Items 1 and 2 be taken together. There were no objections to this request. V. Business Items Ms. Debby Coles-Dobay, Public Arts Administrator, explained there were holes being poked through the Arts Ordinance as noted below. The Arts Commission convened to develop a letter in response to the issues raised at the October 3, 2006 City Commission, and, more specifically, in response to questions raised by Commissioner Ensler. Arts Commission Strategies on the following decisions and actions City Commission is moving forward with: 1. Exempt projects from Public Art Fee that are applying for site plan extensions. 2. Change Public Art Ordinance 1% Public Art Fee payable at time of permit to evaluation of Public Art in project prior to Certificate of Occupancy with fees paid before Certificate of Occupancy is given. Meeting Minutes Special Arts Commission Boynton Beach, FL October 10, 2006 3. Questions raised by Commissioner Ensler on Public Art Ordinance. Ms. Coles-Dobay presented the history of the Ordinance and explained the Arts Commission believed when they made a presentation to the City Commission, after two years of work, the Ordinance was well received. Meetings took place before the City Commission, the Community Redevelopment Agency (CRA), City staff, boards and others that they had spoken with in order to put the program together. At that presentation, there were many questions raised and addressed. The presentation was a cohesive presentation so the City Commission would understand what was being presented. At that time, Mayor Taylor had commented he was overwhelmed at how well thought out the plan was. An Ordinance must have two hearings in order to be enacted. At the first reading, there were additional discussions about other issues, which were addressed and the City Commission moved and unanimously passed the Ordinance as it is today. The Ordinance language references the Arts Commission's Recommendations and Guidelines. Those recommendations and gUidelines related to the entire package which was prepared and presented to the City and are attached to the Ordinance, which answered the questions they were asking. It was thought the Commission was just reading the Ordinance without the GUidelines and Recommendations. The Arts Commission felt developers were asking the Commissioners for leniency. They acknowledged the market was soft and were aware developers were complaining they could not make money unless they did not put art in Boynton Beach. Changing the Ordinance to accommodate them would have a negative impact on the community, and they felt posturing the issue, as negotiable, was unacceptable. The market would be changing and the City of Boynton Beach would be left with projects without vision and a $70M project that did not have art, any sense of community, or any other elements required as contained in the Ordinance. The Arts Commission strongly believed the Ordinance was being perceived as requiring sculpture, plop art, or embellishments that were superfluous. There was discussion that developers did not want to spend the money, but wanted to take money from Boynton Beach. They also understood the City Commission was under pressure. Complaints were emanating from only one or two developers but they noted there were other large developments in process. Whether the City would lose those developers was not known but they noted it was the Arts Commission's responsibility to put together a comprehensive Ordinance that was substantial and sustainable, and to stand behind it. If developers opted to leave, there would be others to take their place. The board discussed the type of development coming into the area and believed there would always be circumstances. They noted the market would go up and down, interest rates would rise and fall and developers did not make concessions because they have no more money. Ms. Coles-Dobay indicated at the last City Commission meeting, a decision was made to exempt the builders who were requesting a site plan extension from the Public Art Fee. At the next two City Commission meetings the amendments will be read. The Arts Commission would be contacting their Commissioners and attending the meeting. It was also decided a letter to the City Commission, including Mr. Fuller's letter was appropriate. Meeting Minutes Special Arts Commission Boynton Beach, FL October 10, 2006 The Arts Commission went on record that, if someone brought up an issue at a meeting, it was discussed. Likewise, the City Commission meetings are the same. The Arts Commission expressed frustration that the Arts Ordinance was being challenged at every meeting and, in essence, the developers were dictating the Ordinance. They wanted to know if there were policing mechanisms in place to prevent this from occurring. The Arts Commission did not support any changes or amendments whatsoever to the existing Ordinance and felt if an exemption was made, a precedent would be set. They thought it was paramount the City Commission support them and they were looking for a collaborative effort between the Arts Commission and the parties with respect given to the Ordinance in place. Ms. Coles-Dobay indicated on Monday she was prepared to make a statement that the issues raised were already addressed in the Ordinance. The Arts Commission observed there has been no negotiation on the matter, there had not been any issues raised indicating the market has changed, or that the City Commission would like to engage the Arts Commission in a resolution. The City Commission was looking at the Ordinance for the answers instead of the project. The Arts Commission believed there should be a level of accountability to the citizens of Boynton Beach and the Arts Commission should be supported. The Arts Commission thought holding a special meeting with them would be beneficial. The developers were not negotiating on their profit margins because they would pass the cost onto the units to be sold. When they were all sold, the developer leaves town. If there is no investment in the community by the developers, what was the purpose of having the City regulate the issue? Ms. Budano thought a clarification of "site plan extension" was needed and that it did not mean three years down the road, the developer could apply for an extension and automatically become exempt. The Ordinance needed to state the requirements pertained to projects that applied before October S, 2005, and are now asking for the extension. Ms. Coles-Dobay prepared an analysis based on the projected dollars for the first year of the program and future years. If the City Commission moved forward on exempting site plan extension projects from the Ordinance, according to the CRA handout given at the last meeting, which comprised a significant amount of growth, the total revenues would be $432M, which would be a loss of $4.3M for public art. The total projects in the City, which were forecast at 75% to become realized, was estimated to be $1,434,624. Seventy percent was calculated to be about $lM, which was supposed to be dedicated to pUblic art projects and 30%, which was $430,000 for the administrative side. It was thought the projects they were currently looking at comprised the bulk of the height of development, and not the total bUild-out of the City. Anything added after the bulk would not be significant. The big projects were the Arches, Ocean 500 and Las Ventanas, and they would be exempt. Ms. Coles-Dobay explained the City had put together a budget based on the same calculated numbers of what was coming into the City and what was not. Their number was about $915K for 2006/2007. Those figures, since there would be a shifting in the time of collection, would now become $202K as opposed to $915K. 3 Meeting Minutes Special Arts Commission Boynton Beach, FL October 10, 2006 The Arts Fund had $6,000 dedicated to a mural for Commerce Bank. They estimated additional funds coming in at the time of CO would total about another $7,500. It was estimated that the earliest additional funds would come in would be June 2007. Those funds would total about $194K. Ms. Coles-Dobay's operating budget for projects would be just over $100K for the first year for the City during its peak growth stage. This was perceived as a problem. The Call to Artists had already gone out, but with the reduced operating budget, the program cannot fund the project, or the program would end next May. The discussion held by the City Commission on August 1, 2006 had to do with a proposed Ordinance amending the Art in Public Places projects. It would clarify the projects that commenced prior to the establishment of the Public Arts Fee would not be subject to the fee even when the site plan extension was requested. Mayor Taylor recalled there had been discussion of the issue at the time the original Ordinance was passed, and he understood if a site plan extension was requested, the arts fee would then apply to the project. He wanted to continue the Ordinance the way it was originally written. The Arts Commission noted that Mayor Taylor and the entire City Commission agreed not to amend the Ordinance and let it run for a year. The Arts Commission did not want to see short-term decisions made. Almost full credit for the art fee could be achieved in the existing project without changing the Ordinance, construction budget or any other consequence to the developer, but no one has approached them to explore those alternatives. If there was a crisis with the developers, the Arts Commission was amenable to holding a special meeting to develop a solution. The Arts Commission, which is comprised of members knowledgeable to the issue, did not want to impede development. They wanted to enhance it. Ms. Coles-Dobay drafted a letter to Las Ventanas informing them of some of their suggestions which could be applied to the Public Art Ordinance without affecting their site plans but she has not heard back. Ms. Brooks, CRA Planning Director was supportive of the concept; however, she was the only liaison from the CRA to attend a meeting. The other two liaisons did not show up. As Public Arts Administrator, Ms. COleS-Dobay had asked to make a presentation to their board, but had not had a response. The Arts Commission decided to include the follOWing components in its letter to the City Commission: · On August 1, 2006, Mayor Taylor and the City Commission supported the original Arts Ordinance. . Mayor Taylor made a statement they would keep the Ordinance for a year and the Arts Commission had been functioning under that premise. . The Arts Commission acknowledged there was a downturn in the prevailing market conditions but no one has included or engaged the Arts Commission in any strategic resolution of the issue. . The Arts Commission has encouraged collaboration with all involved in the issue. . The City Commission is shifting its focus to make changes in the existing Arts Ordinance. 4 Meeting Minutes Special Arts Commission Boynton Beach, FL October 10, 2006 · In place of addressing the endless questions, the answers could be found in the attached Ordinance with its supplemental Recommendations and Guidelines. In the spirit of dedication to the public's best interest, the Arts Commission encouraged the review of the documentation and looked forward to resolving this matter to the mutual satisfaction of the parties. Ms. Coles-Dobay will draft the letter and circulate it to the members for final comment. Chair Beau Lieu will then sign it. VI. Adjournment Motion Vice Chair Urs moved to adjourn. Ms. Moeller seconded the motion that unanimously passed. Meeting adjourned at 7:57 p.m. Respectfully submitted, ~~Jt~~-4~~ Catherine C rry-Guberman Recording Secretary 101006 5