Agenda 01-11-18 Agenda for Art Commission Meeting
Thursday, January 11, 2018, 6:30 - 8:30 pm
at the Fire Station #2 Training Room
2615 West Woolbright Road, Boynton Beach
AGENDA:
I. CALL TO ORDER �1Ali l rt
II. ROLL CALL OF MEMBERS SCA.
IILAGENDA APPROVAL FEB 07 2018
IV. APPROVE MEETING MINUTES
A. Dec. 14 minutes
V. INFORMATIONAL ITEMS FROM THE BOARD City Glerk'S U�ticE
VI.ANNOUNCEMENTS/REPORTS
A. Wed., Jan. 17, 5-7pm Casa del Mar public art unveiling event
Sales Center, 2626 North Federal Highway, Suite 1, Boynton Beach
B. Jan. 11 - 15, Palm Beach Modern + Comtempory http://www.artpbfair.com/
C. Jan. 17-21 Art Palm Beach https://nextlevelfairs.com/artpalmbeach/
D. Art Synergy at Art Plam Beach Promoting Albert on the Avenue exhibit
E. Feb. 1 , 5:30 - 7pm Collectors reception with Albert Paley
at the SunDek Hotel, 6666 N. Ocean Blvd., Ocean Ridge, FL
F. Feb. 2, 5-7pm 500 Ocean Opening Reception w/ Albert unveiling of Cavalcade
at 500 Ocean, 101 S. Federal Hwy.
VII. PROJECT UPDATES/APPROVALS
A. NONE
VII. INTL KINETIC ART EXHIBIT AND SYMPOSIUM PLANNING
A. NONE
VIII. NEW BUSINESS
A. Yearly Board elections
B. Public Art Ordinance review and challenges
IX. UNFINISHED BUSINESS
A. NONE
X. FUTURE BUSINESS
A.Town Square Plan
• Potential relocation for existing public art
• Potential new public art sites
B. Kinetic Art exhibit planning - location and dates
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSID-
ERED 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 PROCEEDING IS MADE.WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105)
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 ACTIV-
ITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK' OFFICE. (561)742-6060 OR(TTY) 1-800-955-8771, AT LEAST
TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR
REQUEST.
ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. IN-
FORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED
FROM THE OFFICE OF THE CITY CLERK.
THE BOARD(COMMITTEE) MAY ONLY CONDUCT PUBLIC BUSINESS AFTER A QUORUM HAS BEEN ESTABLISHED. IF NO
QUORUM IS ESTABLISHED WITHIN TWENTY MINUTES OF THE NOTICED START TIME OF THE MEETING THE CITY CLERK OR HER
DESIGNEE WILL SO NOTE THE FAILURE TO ESTABLISH A QUORUM AND THE MEETING SHALL BE CONCLUDED. BOARD MEMBERS
MAY NOT PARTICIPATE FURTHER EVEN WHEN PURPORTEDLY ACTING IN AN INFORMAL CAPACITY.
Pate 1 of 1
C U)
O O O C
Q � _
C-) c
ID D_a2i � � v a)
� a000 -00p -0 -0
oo Q Oa) Q > c
OC0
> ma).- � -0 > g tea)
m U) C Q C 0 0_
rn Z _� vCZ cz0i E cz CL >
a) ca a) 'c
� (Z 0)0— a) 0 0�
E
-0 CL w o 0 ca Q F ° 0
_U Q
?` (z Q :E E O
O O CL 0 Q O 0 — a)
r 0 > a) O U a) vimCZ
_ E
a) cz a O Q O C C a) N U a)
>, C U L ` a- a) t -� C >
`z0a) QBE � � a)
O Q '� 0 0 Q O O O
O a)
WQ O cz
U CZ Q O a) a) UC •>
:s; v U) O E to ami c Z p a) cz - w
"J TEWELw 'o 0 ¢ Ecu 30Q
0
Q W W Q C .v a) ea o U v
50)W > W a) > w
� '
E
m � 0 � 0 cz Q (7g � 'ws�
r
� U
` Lo C7 0$
O �h
LU < a) � >+ a) � O
�
j` C7 U W V "_ U C a) O L cz Nd O X
O LL — a) > E is n w a) a
� � � ID ° a) � O � w � w a) w06
a) (n i p U U U N C cz O O r
s? a U W O W •� O O LZ•- a)
O O O ku
W Q cz Y O Q C 0 0 cz
W C Q p 7 (� = U O O C O S] U
rj � C\JO a) >, � 0 Qa) .+ .0 p � � a) O a) — r OSS
a) r U a) f�
0 .4E `� 0 0 � � Qa CO .0 C � E `� � � N
Ott cz
a) O 4) ate+ cz ._ C C > C O p O '— d
+ E O U � C O > U Ut_ S] N
ca Y 0 =3 IIL
o o ami EL 0_ U) C3 ca -0 O
0 cz 0 o 0 0 0 0
� -0Z 2 O U CL � .
U, .
W = d
VE o
Z
H +. 0
Z Q Q > E
W O O
t �
v
s Jp IQ W y •0
car ,V 3 O i
O Q
V oo d R C O +d+
a
IL ,fio 0 .�
r"' Z .__ o U- a Ta
U
U � �
a) Q
E
0 0 0 0 0 0a
V CZ >O
'i O C: �
Q U
`A C: .� a)
' a) O C-•- a) O
C
O a) a) O CO , C
cz
c E p E c Q
r, a)
O Q O O
.�. ia) 0
Q U N
t rn "
(� .0
O U o
Q O cz O — O
r U
Lig, C C W W '' O (n
f ct5 U
O D U C (Z i a) a) U cz
CZ
CZ Q m O C a) O — O '- O
O O — (n U O N
a) U O C a) fn a)
a C = o
CZ �tz a) CD
t U Q �U) 0, C O Z 'C E O C O
Q O 5 E C U O �-FZ _ O O U o 0
c ; a) ca a� ••= j5 O o � Qo
LRi ; oo cnUOOC Q � o
t �
O O O (n O a)
O U) - U LL LL CZ
cz _ C
O C C cz O a) fn O0 � U U C O O
Q CZw CZ ., C) U .E U) O � a) E U � • is c o � cz ca C _� o
C w w E U Q ) U is Q c d E
ca0 � a) cz (3)) CL � `zE0 a) � C � Econ ' oo mai � E 2 �
`+ CZ a) QUO O O O O CO p V N CL a) CZ cz
a) i 05 V O p Cl.
in O Q Q o is Q LL z i5 Q c o (Z cz cn Q o ami .+ ca +� p j o cn
t, o CZ
•° ° C C '� ami o w ami o d '� cz
>, '� O ~_ L a) cn C Q O L c� a) Q Q a) a) Q O > '� O 'i U) (1) '� O 5 et ) a)
E a cz cr O 0 C 'a cz cn � Q 'a Q CL cz cz CL Q cn � O a) >
Vit: � E > .� �rU
t i O O i cz 5 0
s U
W r �,
V R N Q
Z O
= O (n �
cz
Z i O O 'EL
i V (Oj 0 C
cS E
Co Co R U E
d Q� a) a)
O rO E
� O � � a
pp ECL
m CZ
CL t ,`; a a a Lu cz
U O —
U U O O
p L Q U) O U
* O C — O a) a) O E
(Z U O a)
cz rn
(Z O (� i O i
O C `z E `5 cz 3 .a) = L aa)) O
<< o f •E o o Mc o
TPI
o o � �`� > •
a) •� c a) � E .� — Z
— cz U o — w O c
r a) c E O -0 `n cz > a)
c
� o0Eo � a) -C E
O E O
(� EO O� 0 0 0 a) U Q 00 >, r- 0 E U
`z - O
a)
p > O O
`aa) cE � a) � `acz
.r Q O > O U .r L O U `z
=3 O (� ,� Q cz W U U O
� 0 rn O O O O 00
,;A c � V E cz U a)
-O a) fn O U
cn (DW _O
E a) . o a) °
�
CL czE
rn
0) c E .ocziaEoZ °
cz O a)� a) cz Q a)`s mCL (D 2sz� U � szEo
r
> C a) (z Y c rnX
SO C ' U) O� p n
W
0 � a�i �� ° c `na) 0 = a) E )
� cao � C7sz0 = - � � � � � �
' cE � 0 rnn � E 0 � � 0
d � •° a) � U O o �
y (Z T
t' W > C O O a) cZ
( U + ca0oa) UEa =� ww � a) `a
N E Q E o w w
i O Q0 E i U (Z i C O 06
a) CC O t O Q (z •L (� `� i r-
4f `Y 0 CO .0. O U a) � > U a) U O U � c T
C
C, a) U •� O" a) '� 'U •� a) U ONO
-'f O i p 7 : Q O E sz a) CO a)
t
W C
V _ N
Z 0 O
d '
Z OC
d
CL V
C
O _ ° Co
_
Q '
-60
d a
ca
IL a
W
(nts >,Q
> Q O .� a
U (� O a) U)
: ,
a) (n E _� (z
a) 7 U •� U fn
icz
4) E o fn O a
' C C i '�s Q C C
C: O O O — O
a) W (n .�
o E E (n
a) o o a) 0 0
r
C (n
cz
> O O
C
�i r O 0O cz O
Q U .�. U (Z O � ° O
L O S O O
O
•� a) (Z
(Z (Z fn
L, QO rn rnO a)
O Q >O
�O O p — E _� E Q c) •�
r U °U o i cz .-- a)
`
n
° EEE ° oOcca •rE CZ "
O (Z -E O '�L O a)
Q(n Q - a a) (n (On (Z w
0 41
_ � .—
a> > C a (� O O U C U O i ` 4 O
C3 O C � a U U O O O — 06 O w � U O � � � cz _41 O
' o D cz (n a) ° E ani D ° No r� .0) � �� a Q
� ., � E � oE ' ° � � � � E � woo �oQCcC0Ln
a� Uo
. , ° oOQ- o gowo � ' Oa) CZ a)
Ego
(n U O _
Ck � ca - cz ca aa) 0 cz o ca w a> ca ca ca vi `� � '� ai 'o-0
Q � E 5L EL EU oQ -0 o •`-- o o � � ami c Qs (� (-' � � 'w
+ Q m E o m o o 0 E 0 o O is a) -o 3 v ° (a o w
o a� U � o ago w »� ° oo � oc -
su w a� .� ' U � � ca � .� .� Q �� E � U (CDL < cz -0N o E
A
CL
O
i U Q Q W Q . . . . • (z U
i
W r
Z ' '
L
C
CL
L
R vi
IL c ,
IL a
i u
r r U
O
i, -0
Q-2 cz O
O ( C' (n y+
a) O �.V C O
a) �
Q E >
Wa) C a) E czU 0 c
Q V a) i (Z O a)
0 O 'O Q ,C •—
a Q a) (Z
i a) O(n a) p 0
U C i cz (z cz
Q QUO = E
x O
O ca U) Q
; O
CZ a) -0 C CZ
U N
O
CL C) O
7 a)
aU) o ca
(UaU � U >
to E —
a)
a) o76QC: X
m (n cz cz a)
r
co Cl.
0 CZ rn
o :° E
ca vi
vUi ° � aria
o 0 � Z (a � 0 0 c E 0 a
� � o Q -0 c " > U
Q ca •� U a0 -0
mi cz o-D 0
0 i "� C 7 i Q r Y r
t. (3) > (Z7 0 -0 (Z a) a) 3: .� N Q U � • -0
O N Q 0 O � Q O 2 0
c (a c a) a) a) (n *- otS
(Z i Q O U O i i f-
5 i U > O (Z i O E U U (� 0 r
x 0 w Q 0 c U ' U U co
a) U — r N
t' O O � (n a) a a) '� II
, r m � 0 o .� 0 �m a) 06 -
�
t
W
Z
� I
Q % Co
p c m
cc c
O �
cc H
U
IL t , a
Palm Beach Modern+ Contemporary an international art fair presented by Art Miami Page 1 of 2
41 +Subscribe Visit our other fairs
11CKETS
Malm beach JANUARY 11-15 1 2018
VIP PREVIEW JAN ii
ODERN +CONTEMPORARY . 1
Asa I +APPLY TO EXHIBIT
AN INTERNATIONAL FAIR PRESENTED BY art miami I HOSTED BY 1_
WEST PALM BEACH •
•EXHIBITOR LOGIN
HOME VISIT EXHIBITORS PRESS VIP SPONSORS•PARTNERS CONTACT
dp5 ;
R
' ..�. 8"--41'4:, !ri' i.w I
� r ria, t k`iT \ # .';
ami n ' j/f.SII i ' 1 1 f ..
i;,` i I.
ti
) : ;:+:
:6 ,Z`I ' )
i r7 -�
„,-kr\ tr.. ,j, A,_:),z
PALM BEACH MODERN +
CONTEMPORARY
RETURNS FOR SECOND
EDITION JANUARY 11-15,
2018
Palm Beach Modern • Contemporary(PBM•C).
presented by Art Miami and sponsored by the City of
West Palm Beach will return for its second edition in
West Palm Beach City's Tent Site(825 S Dixie Hwy&
Okeechobee Blvd.West Palm Beach)located directly
behind the new Restoration Hardware on Thursday.
January 11th.2018.
The fair will open on Thursday evening with an
exclusive VIP Preview at 5:00pm benefiting The Palm
Beach Zoo&Conservation Society,The Joe Namath
Neurological Research Center and the Ann Norton
Sculpture Gardens.The Fair is sponsored by Christie's
International Real Estate. "The Official Luxury Real
Estate sponsor of Palm Beach Modern
Contemporary." and together with its international
http://www.artpbfair.com/ 1/12/2018
Palm Beach Modern+ Contemporary an international art fair presented by Art Miami Page 2 of 2
affiliates, will host an elegant booth at the main Wir/
entrance of the fair, showcasing luxury residential May •Subscribe Visit our other fairs
property offerings from around the world.
palm beacI : ! VIEWJ
ODERN+CONTEMP®RARYdoffers the best --
AN INTERNATIONAL FAIR PRESENTED BY art mlamlIHOSTED BY lR1n _ 20th and 21st ( •APPLY TO EXHIBIT
WEST PALM REACHSte and modern --------____T_
setting of a 65.00o-square-foot clear span pavilionEXHIBITOR LOGIN I
centrally located between City Place and the luxurious -• —— —
Hilton West Palm Beach.
HOME VISIT EXHIBITORS PRESS VIP SPONSORS•PARTNERS CONTACT
r
•
BROWSE @COL LECT'Wb17fC5 FROM
THE FAIR ON ARTSY.NET •
h
•
•
•
Address Call Us Email Us Stay Social
Art Miami.LLC T:•1305.517.7977 E:Infoeart-miamicom
48 NW 29th Street F:•1305396.8753
Miami,FL 33127
http://www.artpbfair.com/ 1/12/2018
1 ORDINANCE NO. 07-OOat
2
3 AN ORDINANCE OF THE CITY COMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, AMENDING
5 ORDINANCE 05-060`'TO PROVIDE THAT THE ART FEE
6 DOES NOT. APPLY .. TO PROJECTS.. WHICH HAD
7 APPLICATIONS PENDING ON OR BEFORE OCTOBER 5,
8 2005; PROVIDING WHEN THE ART FEE IS PAYABLE;
9 PROVIDING CONFLICTS, SEVERABILITY; INCLUSION
10 AND AN EFFECTIVE DATE
11 •
12 WHEREAS, the Commission has heretofore adopted Ordinance 05-060 creating the
13 Art in Public Places program; and
14 WHEREAS, the City Commission has determined that it is in the best interest of the
15 Art in Public Places Program to modify.the program as hereinafter set forth.
16 NOW THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF
17 THE CITY OF BOYNTON BEACH, FLORIDA:
18 Section 1. . The foregoing "WHEREAS" clauses are hereby ratified and
19 confirmed as being true and correct and are hereby made a specific part of this Ordinance
•
20 upon adoption hereof.
21 Section 2. Ordinance 05-060, codified as Article XII, Chapter 2 of the C f
22 Ordinances of the City of Boynton Beach, entitled "Art in Public Places Program," is hereby
23 amended to read as follows:
24 Sec. 2-159. Short title; intent.
25 (A) This chapter shall be known and cited as the "Art in Public Places Program."
26
27 (B) It is the intent and purpose of this chapter to further the commitment of the
28 City of Boynton Beach to the aesthetic, historical, cultural and economic enrichment of the
29 community through the creation of works of art so that citizens and visitors to the City of
30 Boynton Beach are afforded an opportunity to enjoy and appreciate works of art. The
31 requirements of this chapter shall be construed to promote the aesthetic values of the entire
32 community and to encourage the preservation and protection of works of art.
33
S:\CA\Ordinances\Art in Public Places-031207.doc54C'''.e . - - __• .•
1
•
11 Sec. 2-160. Definitions.
2 (A) Definitions. For the purposes of this section, the following words and
3 ! phrases shall have the following meanings:
4
5 (1) Artist or Professional A-rtist means a practitioner in the visual arts, generally
6 recognized by critics and peers as a professional of serious intent and ability.
7 Indications of a person's status as a professional artist include, but are not
8 limited to, income realized through the sole commission of artwork, frequent
9 or consistent art exhibitions, placement of artwork in public institutions or
10 museums,receipt of honors and awards, and training in the arts.
11
12 (2) Art, Artwork or Works of Art means tangible creations by artists exhibiting
13 the highest quality of skill and aesthetic principles and includes all forms of
14 the visual arts conceived in any medium, material, or combination thereof,
15 including, but not limited to, paintings, sculptures, engravings, carvings,
16 frescos, stained glass, mosaics, mobiles, tapestries, murals, photographs,
17 video projections, digital images, bas-relief, high relief, fountains, kinetics,
18 collages, drawings, monuments erected to commemorate a person or an
19 event, functional furnishings, such as artist designed seating and pavers,
20 unique or original architectural elementsdesigned by an artist, and artist
21 designed landforms or landscape elements. The following shall not be
22 considered artwork or works of art for purposes of this chapter:
23
24 (a) Reproductions or unlimited copies of original artwork.
25
26 (b) Art objects, which are mass-produced.
27
28 (c) Works that are decorative, ornamental, or functional elements of the
29 architecture or landscape design, except when commissioned from an
30 artist or designed as an integral aspect of a structure or site.
31
32 (3) Building means any structure that encloses space and is used or built for the
33 shelter or enclosure of persons,businesses, chattel or property.
34
35 (4) Development means any construction, or redevelopment, or structural
36 alteration of any private or public building within the limits of the City.
37
38 (5) Arts Commission means the advisory board established by the City
39 Commission pursuant to Ordinance 01-64.
40
41 (6) Public Art Fund means a separate, interest bearing account set up by the City
42 to receive monies for the Art in Public Places Program.
43
44 (7) Remodeling or conversion means alterations made to a building within any
45 twelve month period, including, but not limited to, changes to the façade of a
46 building, changes to the interior of a building, increases or decreases in the
S:\CA\Ordinances\Art in Public Places-031207.docc"'"� `- • - •- - __ . . .•
2
•
1 i floor area of a building and changes to exterior improvements.
2
3 (8) In-fill housing means new residential units on parcels less than 5 acres that are not
4 part of an approved planned unit development as defined by the City of Boynton
5 Beach land development regulations.
6
7 Sec. 2-161. Arts Commission.
8 The Boynton Beach Arts Commission shall function and operate as outlined in the
9 City of Boynton Beach's Ordinance No. 01-64.
10
11 Sec. 2-162. Powers and duties of committee.
12
13 (A) The Arts Commission shall have the following additional powers and duties:
14
15 (1) Recommend to the City Commission, adoption of Art in Public Places
16 Program Guidelines and amendments thereto;
17
18 (2) Recommend to the City Commission, adoption of a Public Art Master Plan
19 identifying locations for public artworks and establishing a priority order;
20
21 (3) Recommend to the City Commission authorization of expenditures for
22 maintaining and implementing the Art in Public Places Program;
23
24 (4) Recommend to the City Commission other expenditures of the Public Art
25 Fund such as hiring staff and services to run the Art in Public Places
26 Program;
27
28 (5) Exercise their authority to approve, approve with conditions or disapprove
29 proposed installation of artwork based on Art in Public Places Program
30 Guidelines; and
31
32 (6) Advance, through education and communication, the Art in Public Places
33 Program Guidelines. The guidelines are attached asEzhibit"A":
34
35 Sec. 2-163. Establishment of Public Art Fee
36
37 (A) All development, redevelopment, reconstruction or remodeling projects
38 commenced after the adoption of this ordinance which have a construction value of
39 $250,000.00 or greater, shall participate in the Art in Public Places Program by paying a
40 Public Art Fee. For the purpose of this section, a project will be considered "commenced"
41 when an application for review is first submitted to the City's Development Department.
42 The Public Art Fee shall be equal to 1% of construction value of the project. The Public Art
43 Fee shall be collected by tThe Building Division/Finance Department
44 shall administer the billing and collection of the 30% or (.03) of the 1% of the Public Art
45 Fee at the time of Building Permit issuance and the 70% or(.07) of the 1% prior to and as a
46 condition of b gpermit-issuance of the certificate of occupancy that includes the Public
S:\CA\Ordinances'Art in Public Places-031207.doc':..•' - -
3
•
1 { Art. One hundred percent (100%) of the Public Art Fees collected are to be allocated to the
2 Public Art Fund. All distributions for the Public Art Fund require the recommendation of
3 Arts Commission prior to City Commission approval.
4
5 (B) The following types of projects are exempt from the payment of the Public Art
6 Fee:
7
8 (1) Remodeling, repair or reconstruction of structures damaged by fire, flood,
9 wind, earthquake or other calamity determined by the city of Boynton Beach
10 building official.
11
12 (2) The percent of the project dedicated to affordable housing as defined by the
13 City of Boynton Beach.
14
15 (3) All projects which were submitted prior to or on October 5, 2005,
16 notwithstanding any subsequent request for site plan extension.
17 •
18 (4) Single family and two family in-fill housing.
19
20 (C) Project owners required to participate in the Art in Public Places Program
21 may obtain reimbursement up to seventy percent (70%) of collected art fee if the following
22 conditions are met;
23
24 (1) The owner of a development agrees to follow the Art Commission's
25 recommendations to develop the art in the project; and
26 (2) Prior to placement on the development site, has the artwork approved by the
27 Arts Commission to insure that the artwork will be accessible and readily
28 visible to the public based on location of artwork and normal traffic of
29 vehicles/pedestrians in the proposed location; and
30
31 I (3) (3) Select an artist directly to execute a project that meets specific criteria
32 outlined by the recommendations and guidelines document provided by the Arts
33 Commission or hire a professional consultant to select artists to commission site-
34 specific, architecturally integrated artworks that meet specific art criteria outlined
35 by the recommendations and guidelines document provided by the Arts
36 Commission or; Purchase artworks for permanent installation recommended by
37 the Arts Commission or; Elect to purchase an existing artwork or commission an
38 original artwork for donation as a gift to the City of Boynton Beach's public art
39 collection or;
40
41 Sec. 2-164. Art and artist selection criteria.
42
43 (A) The Art and Artist selection criteria shall be in compliance with the Arts
44 Commissions Guidelines and Recommendations.
45
46 Sec. 2-165. Public Art fund.
S:\CA\Ordinances'Art in Public Places-031207.docS...' illaas2ciAft-in-Public Places l22206{}Ee
4
li
2 (A) There is hereby created a public art fund administered by the Arts
3 Commission. Funding shall consist of all contributions received from art fees for
4 development and redevelopment. Contributions shall includel% of construction value on
5 projects exceeding $250,000.00, any cash grants and donations to the City for public art
6 ... .projects.from governmental or.privateresources, and all-other funds allocated by the City
7 through the budgetary process for the provision of public art.
8
9 (B) Expenditures from the Public Art Fund shall include, but not be limited to
10 expenses associated with the selection, commissioning, acquisition, transportation,
11 maintenance, public education, promotion, administration, program marketing,
12 documentation, removal and insurance of the works of art or in relation thereto. The Arts
13 Commission can recommend to the City Commission, expenditures from the funds in
14 furtherance of the Art in Public Places Program.
15
16 (C) Disbursements of the Public Art Fee shall be seventy percent (70%) to the
17 construction of art in a given project and thirty percent (30%) for the administration of the
18 Art in Public Places Program and a (endowment or reserve fund) for future work as
19 described in the Arts Commissions Guidelines &Recommendations.
20
21 Sec. 2-166. Ownership of artwork.
22
23 Unless otherwise expressly agreed to in writing by the City, ownership of all art
24 acquired through expending funds in the Public Art Fund shall be owned by the City
25 according to the Arts Commissions Recommendations and Guidelines.
26
27 Sec. 2-167. Art in Public Places Program Guidelines
28
29 The Arts Commission shall prepare, and from time to time recommend to the City
30 Commission revisions to the, Art in Public Places:Program Guidelines;_and make the same
31 available to the public, which shall provide guidance for program organization;
32 organizational governance and staffing responsibilities; procedures for project planning;
33 artist selection; art selection criteria; art placement criteria; donations; loans and memorials;
34 collection management; and, administration of the Public Art Fund.
35
36 In the event language contained in the Art in Public Places Program Guidelines
• 37 conflicts with this Ordinance, the language in the Ordinance shall control.
38
39 Sec. 2-168. Art in Public Places Program Location Plan
40
41 The Arts Commission shall prepare, and from time to time revise, a Art in Public
42 Places Program Location Plan that identifies locations and criteria for public artworks and
43 establishes a priority order.
44
45 Section 3. Severability.
46
S:\CA\Ordinances\Art in Public Places-031207.docSm- ^min •: - •• •
5
1 ' If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or
2 unconstitutional by any court of competent jurisdiction, then said holding shall in no way
3 affect the validity of the remaining portions of this Ordinance.
4 Section 4. Inclusion in Code.
5 It is the intention of the City Commission of the City of Boynton Beach, Florida, that
6 the provisions of this Ordinance shall become and be made a part of the City of Boynton
7 Beach Code of Ordinances, and that the sections of this Ordinance may be renumbered or
8 relettered and the work "ordinance" may be changed to "section," "article," or such other
9 appropriate work or phrase in order to accomplish such intentions.
10 Section 5. This Ordinance shall become effective immediately on passage.
11 FIRST READING this a day of , 2007.
12 SECOND, FINAL READING AND PASSAG this 3 day of'AIL, 2007.
13 CITY OF BOYNTON BEACH, FLORIDA
14
15 �l4: //
16 Or ayor /e 47.ylor
17 1
18 r__..40/... .
19 Vice , . - Rol 1:'
20 iii/
21 �� E�
22 ommissiow_. ' . . '• ' .l r.
23
24
25 _. . 1; . - - -..
26
28oolv
27 Co � �/
Co . , AP- Mc• o�—
29 ATTEST:
30 �`
31 4111' , e '
.rim.. .
32 : Pr..•- - 'tyClerk
33 c.) o fi
34 _ - ,�°".
35 ( - � _
c\, \
S:\C dL _ = L..;•laces-03I207.doc': '.`'- '•.• ..`• - '•
Jam, _
rtd.. 6
ORDINANCE NO.16-002
2 •
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AMENDING PART II, CHAPTER 2,
5. ARTICLE XII, SECTION 2-163(b) OF THE CODE OF
6 • ORDINANCES ENTITLED "ESTABLISHMENT OF
7 . PUBLIC ART FEE" TO PROVIDE FOR RESIDENTIAL
8 COMMUNITY PROJECT EXEMPTIONS TO THE
9 PUBLIC ART FEE; ESTABLISHING A RETROACTIVE
10 DATE FOR APPLICATION OF THE EXEMPTION;
11 PROVIDING FOR CONFLICTS, PROVIDING FOR
12 SEVERABILITY, PROVIDING FOR CODIFICATION
13 AND PROVIDING FOR AN EFFECTIVE DATE.
14
15 WHEREAS, the City Commission has established that all development,
16 redevelopment, reconstruction or remodeling projects commenced after the adoption of this
17 article which have a construction value of$250,000.00 or greater, shall participate in the Art
18 in Public Places Program by paying a public art fee;and
19 WHEREAS, the City Commission have also provided for certain exemptions to the
20 required participation in the Art in Public Places Program;and
21 WHEREAS, the City Commission, deems it appropriate and in the best interests of
22 the citizens and residents of the City of Boynton Beach to expand the exemptions to include
23 projects contained in residential communities that have no accessory commercial activities
24 that are open to the general public.
25 BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
26 BOYNTON BEACH,FLORIDA:
27 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
. 28 as being true and correct and are hereby made a specific part of this Ordinance upon adoption
• 29 hereof,as if fully set forth herein.
30 Section 2. Part II, Chapter 2, Article XII, Section 2-163 (b) of the Code of
31 Ordinances entitled"Establishment of Public Art Fee,"is amended to read as follows:
(00110565.1 706-9001821)
Words in MAW-through type are deletions from existing law;
Words in underlined type are additions.
32 (b) The following types of projects are exempt from the payment of the public art
33 fee:
34
35 (1) Remodeling, repair or reconstruction of structures damaged by fire, flood,
36 . wind, earthquake or other calamity determined by the City of Boynton Beach
37 Building Official.
38 •
39 (2) The percent of the project dedicated to affordable housing as defined by.the
40 • City of Boynton Beach.
41
42 (3) All projects which were submitted prior to or on October 5, 2005,
43 notwithstanding any subsequent request for site plan extension.
44
45 • (4) Single-family and two-family in-fill housing.
46
47 (5) Normal, routine maintenance including replacement of existing damaged or
48 failing structural or non-structural elements, HVAC, plumbing, electric,or fire
49 detection/suppression equipment of a project not associated with an addition,
50 renovation or new construction.
51
52 (6)Remodeling,repair, reconstruction,or additions made after October 5, 2005 to
53 any existing amenity clubhouse, building, pool, park, playground and/or common
54 area element located within an existing private residential development. This
55 specific exemption applies retroactively to October 5,2005.
56
57 Section 3. If any section, sentence, clause, or phrase of this Ordinance is held to be
58 invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in
59 no way affect the validity of the remaining portions of this Ordinance.
60 Section 4. It is the intention of the City Commission of the City of Boynton Beach,
61 Florida, that the provisions of this Ordinance shall become and be made a part of the City of
62 Boynton Beach Code of Ordinances; and that the sections of this ordinance may be
63 renumbered or relettered and the word "ordinance" may be changed to "section," "article," or
64 such other appropriate word or phrase in order to accomplish such intentions.
65 Section 5. This Ordinance shall become effective on the date of second reading set
66 forth below. All changes, additions, and implementation of any rate or fee shall take effect
67 immediately. -
(00110565 1 306-9001E21
Words in she-through type are deletions from existing law;
Words in underlined type are additions.
•
68 FIRST READING this 19th day of January,2016.
69 SECOND,FINAL READING AND PASSAGE this 2nd day of February,2016.
70 CITY OF BOYNTON BEACH,FLORIDA
71
72 YES NO
73
74 Mayor—Jerry Taylor ✓
75
76 Vice Mayor—Joe Casello r/
• 77 •
t J
78 • Commissioner—David T.Merker
79
80 Commissioner—Mack McCray
81
82 Commissioner—Michael M.Fitzpatrick
83
84
85 VOTE 5—c
86
87 Af1'EST:
88
89
91 J.,(ith A.Pyle,CMC/
92 ,rerterim City Clerk
93
94
95
96 (Corporate Seal)
to
97 'O
•
(00110365 139001821)
Words in strip type are deletions from existing law;
Words in underlined type are additions.
`;{ z The City of Boynton Beach P&Z#:
4,
N CITY MANAGERS OFFICE permit*.
Public Art Manager
4 *t.:'? 100 E. Boynton Beach Blvd./P.O. Box 310
077 Boynton Beach, FL 33425
p': fi phone (561) 742-6026 fax (561) 742-6089
e..
mail ColesDobavD@bbfl:us . .
www.BoyntonBeachArts.orq
Public Art Info action Form-B
APPLICATION MUST BE SUBMITTED WITH THE SITE PLAN APPLICATION
Project.Name
:. Project location (physical address)
Company Name.
Company Address
Company Phone Web site
Contact Person
Phone Email
Project manger contact name
Phone Email
Project description (include the projects desigrilmage intent, special features/amenities, special
:construction Materials)
Project markets to
- Art Location/s in project _ -
Is the Art Location accessible to the public'? Yes No
Developer/Architect/designers concept for art
Will artist be hired by developer (yes or no) If yes, artist resume must be submitted for approval
Call to Artists required through the Arts Commission (yes`or no)
Construction value for the project -
= .
(official construction vaitfation be-submitted with permit applicattion)
1% Public Art Rae
Budget for the Art element(s) in the project 70% of the 1
Elect to pay public Art Fee in lieu of Public Art in Project (circle one) yes no
Site plan date
Estimated completion date.
Datereceiv-• ordinance with recommendations and guidelines
I .
NOTICE TO ALL APPLICANTS
ART IN PU zLIC PLACES PROGRAM
_M
Effective October 5. -2005, all projects will be reviewed for application of the
Art in Public Places Program in accordance with the following excerpt from the
enabling ordinance (No. 07-002): Ordinance 07-002
Sec.2-163. Establishment of Public Art Fee
A. All Development, redevelopment,reconstruction or remodeling projects commenced
after the adoption of this ordinance which have a construction value of$250,000.00 or
greater,shall participate in the Art in Public Places Program by paying a Public Art Fee.
For the purpose of this section, a project will be considered "commenced"when
an application for review is first submitted to the City's Development Department.
The Public Art Fee shall be equal to 1% of construction value of the project
B. The following types of projects are exempt from the payment of the Public Art fee:
1..Remodeling, repair or reconstruction of structures damaged by fire, flood,
wind, earthquake or other calamity determined by the City of Boynton Beach.
building official.
2. The percent of the project dedicate d to affordable housing as defined by
the City of Boynton Beach.
3. Single family and two-family in-fill housing.
4. Normal, routine maintenance including replacement of existing damaged.or.
failing structural or non-structural elements, HVAC, plumbing, electric, or fire
detection/suppression equipment of a project not associated with an addition,
renovation or new construction. Ordinance Amendment 15-009
5. Remodeling, repair, reconstruction, or additions made after Oct 5, 2005 to any
existing amenity clubhouse, building, pool, park, playground and/or common
area element located within an existing private residential development.
Ordinance Amendment 16-002
Selected procedural requirements include the following:
• Submit Public Art Information form to the Planning &Zoning Division with the site plan
application or to Public Art Manager if project is a redevelopment/remodeling project
• Art Commission must approve public artist selected for project or Public Art Manager can
assist_to create and publish a "Call to Artists"for the project's public art component.
• Approval from Arts Commission for both the public artist and the public art project.
• Payment of 30% of the 1% fee is required at time of permit issuance.
• 70% of the 1% fee determines the public art budget for the project.
• Evaluation for the 70% of the 1% fee at time of Certificate of Occupancy that includes the
Public Art, per Ordinance 07-002.
• 70% of the 1%will be collected if 50% or less completion of Public Art, as approval by
Arts Commission. Temporary Certificate of Occupancy will be granted and completion
date provided.
• Temporary Certificate of Occupancy will be granted if Public Art is 50% or greater
completed and approved by the Arts Commission with a committed completion date.
• Certificate of Occupancy will be granted if Public.Art is completed.
For additional information,
contact Debby Coles-Dobay, Public Art Manager
at (561) 742-6026, email address Coles®oba®Ca7bb,, flus i
Construction cost for 1%Public Art Fee** I .7%stays in the project .25%to run the City's Art .05%to Endowment
project only--not land t 1 designated to Art*** Fund**** Fund*****
values* i
$ "TT 250,000 '1 $ 2,500.00 $ 1,750.00 $ 625.00 $ 125.00
$ 300,000 $ 3,000.00 ''—i $"-----------------2,100.00 $ 750.00 $ 150.00
$ 400,000 $ 4,000.00 $ 2,800.00 $ 1,000.00 $ 200.00
$. .,.T,_ ^ 556,200 $ 5,562.00 $ _..w 3,893.40 $ 1,390.50 $ 278.10
$ 1,007,545 , $ 10,075.45 $ 7,052.82 $ 2,518.86 $ 503.77
$ 1,070,000 $ T 10,700.00 $ ._� .._ 7,490.00 $ 2,675.00 $ 535.00
$ .0 1,514,846 $ 15,148.46 1$ m µ µ^10,603.92 $ 3,787.12 $ 757.42
2,500,000.,: $ 25,000.00 $ 17,500.00 $ 6,250.00 $
1,250.00
$ 3,000,000 $ 30,000.00 $ 21,000.00 $ 7,500.00 $ 1,500.00
$ 4,562,900 $ 45,629.00
$ 31,940.30 $ 11,407.25 $ 2,281.45
$ .r mm z ' 5,100,000 $ 51,000.00 . $ 35,700.00 $ 12,750.00 $ 2,550.00
$ 5,834,158 $ 58,341.58 $ 40,839.11 $ 14,585.40 $ 2,917.08
$ z~ 7,000,000 $ 70,000.00 , $ m� µ 49,000.00 $ 17,500.00 $ 3,500.00
$ 8,000,000 . $ 80,000.00 $ 56,000.00 $ 20,000.00 $ 4,000.00
$ M'� 10,055,303-1 $ 100,553.03 $ 70,387.12 $ 25,138.26 $ 5,027.65
_ m w f
$ TMq �,.._ • 11,974,575 I $ 119,745.75 $ 83,822.03 $ 29,936.44 $ 5,987.29
$ RM1 12,900,000 $ 129,000.00 $_ ..�M.._�d , ry90,300.00 $ 32,250.00 $ 6,450.00
$ 18,000,000 $ 180,000.00 $ 126,000.00 $ 45,000.00 $ 9,000.00
_....-....»-n ..-i.,�.... _.....,-..env..-r.....-.....,..d ......,...... ... :..... .....,.._...,..n,__.,...
$ 20,817,168 $ 208,171.68 $ 145,720.18 $ 52,042.92 $ 10,408.58
$ 21,250,000 $ 212,500.00 $ 148,750.00 $ 53,125.00 $ 10,625.00
$ 31,945,237 $ 319,452.37 $ 223,616.66 $ 79,863.09 $ 15,972.62
$ 34,074,720'' $ 340,747.20 $ 238,523.04 $ 85,186.80 $ 17,037.36
$ rn 56,000,000 i $ 560,000.00 $ 392,000.00 $ 140,000.00 $ 28,000.00
$ 75,000,000 $ 750,000.00 $ 525,000.00 $ 187,500.00 $ 37,500.00
$ 90,568,254 _, $ 905,682.54 $ 633,977.78 $ 226,420.64 $ 45,284.13
$ e 150,000,000 $ 1,500,000.00 $. 1,050,000.00 $ 375,000.00 $ 75,000.00
$ 300,000,000 $ 3,000,000.00 $ 2,100 000.00 $ 750,000.00 $ 150,000.00
$ 400,0(0,000 $ 4,000,000.00 $ 2,800,000.00 $ 1,000,000.00 $ 200,000.00
$ 500,000,000 q $ 5,000,000.00 $ 3,500,000.00 $ 1,250,000.00 $ 250,000.00
_ _
1