Minutes 01-11-18 MINUTES OF THE ARTS COMMISSION MEETING HELD AT FIRE STATION NO. 2
TRAINING ROOM, 2615 WEST WOOLBRIGHT ROAD, BOYNTON BEACH,
FLORIDA ON THURSDAY, JANUARY 11, 2018, AT 6:30 P.M.
PRESENT:
Robyn Lorenz Debby Coles-Dobay, Public Art Manager
Lauren Huff
Golene Louis
Clovis Moodie
ABSENT:
Kim Weiss, Chair
Marsha Levine
I. CALL TO ORDER
In the absence of the Chair, Robyn Lorenz led the meeting and called the meeting to
order at 6:31 p.m.
II. ROLL CALL OF MEMBERS
A quorum was present.
III. AGENDA APPROVAL
Motion
Ms. Louis moved to approve the agenda less the Election of Officers and approval of the
December Minutes. Ms. Huff seconded the motion that unanimously passed.
IV. APPROVE MEETING MINUTES
A. December 14, 2017 minutes — Not Available
V. INFORMATIONAL ITEMS FROM THE BOARD
Ms. Moodie announced she took her holiday guests to view the Albert on the Avenue
exhibit.
Ms. Louis inquired about the City Commission's inquiry into the public art program. Ms.
Coles-Dobay explained there are other issues Commissioners have regarding the AIPP
Ordinance. Ms. Huff explained people either like the art or not, but the art is discussed
Meeting Minutes
Arts Commission
Boynton Beach, Florida January 11, 2018
The members recognize all have preferences in the type of art they like, just the same as
some people like to read different books. When the members put their likes and dislikes
aside, there is criteria, a process, guidelines and recommendations that guide the Arts
Commission in the selection based on best practices. Ms. Coles-Dobay explained the
Arts Commission will review highlights of the Ordinance and how the process works later
in the meeting.
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
Vice Chair Lorenz announced the event and invitations were sent to the members. It was
noted this was the artwork created by Public Artist Lucy Keshavarz that was approved at
the last meeting.
B. Jan. 11 - 15, Palm Beach Modern + Contemporary http://www.artpbfair.com/
Ms. Coles-Dobay explained tonight was the VIP night for the Art Palm Beach Fair and the
event is throughout the weekend. If anyone was interested in attending, she requested
they let her know.
C. Jan. 17-21 Art Palm Beach https://next[eveIfairs.com/artpaImbeach/
Ms. Coles-Dobay announced the Arts Commission is represented at this event to help
promote the Albert on the Avenue exhibit. The exhibit is also in Art Hive Magazine and
the Art Synergy guide, the latter of which had not yet arrived. It is on the City's website
and there are ads and some articles written about it.
D. Art Synergy at Art Palm Beach Promoting Albert on the Avenue exhibit
This item was discussed.
E. Feb. 1, 5:30 - 7pm Collectors reception with Albert Paley
at the SunDek Hotel, 6666 N. Ocean Blvd., Ocean Ridge, FL
Ms. Coles-Dobay explained the members had not yet received their invitation to the
reception. She noted the goal is to invite Albert Paley collectors and buyers present for
a private reception and the Arts Commission would receive a percentage. This was an
exclusive event.
F. Feb. 2, 5-7pm 500 Ocean Opening Reception w/Albert Paley unveiling of
Cavalcade at 500 Ocean, 101 S. Federal Hwy.
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Arts Commission
Boynton Beach, Florida January 11, 2018
Ms. Coles-Dobay explained this was the second reception that would be by invitation only
for the 500 Ocean project with the Cavalcade sculpture unveiling and Albert Paley would
be present.
VII. PROJECT UPDATESIAPPROVALS
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
Ms. Coles-Dobay explained all of the information regarding the Art in Public Places
Program is online. There is a reference to Guidelines and Recommendations, which is a
document that give specifics regarding the items referenced in the Ordinance. It is part
of the Ordinance. At the January 2nd City Commission meeting, Mayor Grant wanted to
discuss and explore items regarding the program at the February City Commission
meeting. One idea is instead of having a public artist submit one concept„ it was
proposed the artist present more than one. Mayor Grant also wanted to discuss
redirecting the funds for Public Art Ordinance.
Ms. Coles-Dobay reviewed a document that highlights the Ordinance items for
discussion. She emailed it to the Arts Commission. Each section has live links to the
section of the Public Art Ordinance that is available to read in detail on the City's
LaserFiche. She explained the Ordinance states 1% of the construction value of the
project funds the program. Of the 1%, 70% is the public art budget, which is meant to
connect with the community and celebrate the project's presence. She pointed out people
have a choice whether to live or have a business in Boynton Beach and public art attracts
people. It also encourages visitors, economic development and cultural tourism. The
funds are not tax dollars. It is a fee and not a tax. A handout showed the fee applies to
projects with a value of $250,000 and over. Thirty percent of the I% is used to fund
operation of the Art in Public Places program. She reviewed breakdowns of the 1% fee
for projects with varying sizes. It was noted of the 30% of the 1% fee, 25% is used to
operate the program and .05% is put in an endowment fund to maintain the art which is
expensive. Smaller projects have a smaller fee. An example is an $18 million project
would yield $180,000. The total public art budget is $126,000. The 500 Ocean project
was $34 million and $340,000 was their budget. The Cavalcade cost about that much.
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Boynton Beach, Florida January 11, 2018
The handout depicted what funds stay with the project and what is used for the AIPP
program operation. There is no excess or surplus funds.
When a developer comes to the City, the development team reviews all the City's
requirements to build and they receive a public art information form. On the back of the
form is a Notice to All Applicants. The form tries to capture information about the project
and the Arts Commission encourages them to give the City an idea of the value of the
construction project. The amount is a preliminary number. The back of the form has the
information regarding the Ordinance with a link. How the fee works is also explained.
Ms. Coles-Dobay noted there is also a list of projects that are exempt. In some instances,
it may not be fair or make sense to charge a public art fee such as remodels, repair or
construction of structures damaged by disasters or hardships. Affordable housing and
single or two-family infill projects are exempt, but if a developer builds a residential
community, they would be subject to the fee. All of the definitions relate to the Building
Code and she checks with the Building Department to ensure whether the fee would apply
to the project or not. Item four indicates remodels or repairs on existing amenities, such
as a roof repair or HVAC unit in large private residential community are exempt, and the
final exemption is for remodeling reconstruction to existing or new amenities in private
residential developments.
There is a selection procedure for art and information about the process is given to the
developer. The Arts Commission can help create a Cali to Artist for the developer, if
needed, and will determine if the artist the developer selected is a public artist. The Arts
Commission must also review the conceptual art proposal for the development. When
the project is preliminarily approved, and the developer is ready to start to build, they pay
the 30%of the 1%fee and hold the 70% of the 1%. Ms. Coles-Dobay noted the developer
could opt to spend more than the 70% of the 1% public art fee if they desire, but they
cannot spend less. Construction of the project can range from months to years. If a
developer does not approach Ms. Coles-Dobay or indicates they do not want to install
public art; if they do not have an art form or no information about the program, The Arts
Commission would collect the 70% of the 1% public art fee and hold it in escrow or retain
it based on what the developer decides to do. Often public art is installed at the end of
the project and that is when the 70% of the 1% fee would be returned to the developer.
The Arts Commission would have already reviewed and approved the art. It is important
public art does not delay the project and the developer receives the information upfront
so the process is clear.
Ms. Coles-Dobay explained the Ordinance states when the fees are collected, they are
to be used forthe Public Art program only. In the past, one developerwanted to participate
and include public art in its gated community project, but changed his mind. Ms. Coles-
Dobay worked with them to market the project. In this instance, the developer opted to
contribute the 70% of the 1% fee to the International Kinetic Art and Symposium. They
were one of the sponsors of the event. She explained maintenance of all of the public art
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Boynton Beach, Florida January 11, 2018
pieces and funding of the Avenue of the Arts and the International Kinetic Art and
Symposium is paid for from the 30% of the 1% public art fee.
One maintenance example was the panels at the intersection of MLK Jr. and Seacrest
Boulevards were installed in 2009. The work was commissioned by the CRA with
community input and paid for with Seacrest Streetscape (ARRA)funds. Some of the paint
was fading on the piece, and the AIPP spent about $9,000 to make the repairs. The Art
in Public Places program currently reserves .05% of the 30% of the 1% fee just for
maintenance. Developers are also given the option to purchase public art such as the
Manatee piece by Artist Rick Beau Lieu. The piece is in the City Hall lobby. The Arts
Commission wanted to purchase it, but did not have the funds. A developer could
purchase the piece and City install it somewhere permanently. A plaque would name the
purchaser to market the developer's project.
Ms. Moodie asked about the methodology to inform the City Commission about what Ms.
Coles-Dobay was explaining and learned Ms. Coles-Dobay hoped the Commissioners
would read the Ordinance reference document she created. Ms. Moodie felt education
was key and Ms. Coles-Dobay agreed. Ms. Coles-Dobay explained the Arts Commission
follows the ordinance, guidelines, processes and best practices. There are also selection
guidelines. Public art concepts are reviewed for durability, safety and other criteria. Even
private placement of the art has guidelines. A public artist can be helpful in planning
courtyards and how to liven them up. There can be many elements to a courtyard and
art can be functional or part of the structure itself.
Mayor Grant had mentioned he thought if the developer did not want to incorporate public
art in the project, the 70% of the 1% could be used for environmental projects, which
would conflict with the Ordinance as it specifies the fee must be spent on public art. Ms.
Coles-Dobay noted if done, the yearly $250K public art operations budget would be
reduced. She noted the Arts Commission Strategic Plan includes eco, kinetic and glass
art. For example, the Villages of East Ocean project spans from Boynton Beach
Boulevard to the Railroad tracks, Ocean Avenue and Third Street and south. Boynton
Beach Boulevard has many store fronts and there will be residential. The Ocean Avenue
side has a courtyard and space for a restaurant. Pedestrians need to get from Boynton
Beach Boulevard to Ocean Avenue and public art can create a pathway along the railroad
tracks side of the project with eco art. The developer liked this idea, but has yet to decide
what to create. Ms. Coles-Dobay suggests ways to use public art to solve problems on
site to draw people from one side of the project to the other.
The public art strategic master plan, set up to infuse public art into parks, has noted the
desire to have the Quantum Town Park created with an Eco Artist on the park planning
team and dedicating the 70% of the 1% fee to create an Eco Park The City also has a
Green Building Ordinance, which states that eco public art is an initiative. The City has
several eco art projects such as the Old Dixie Eco Walk, the PNC Bank and Jaycee Park.
There had been discussion eco art would be included in the Town Square Plan. America
for the Arts is a nationai organization for the arts in the U.S. and the Public Art Network
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Boynton Beach, Florida January 11, 2018
has a very detailed "Why Public Art/Private Development Resource Guide" The Art in
Public Places Ordinance Guidelines parallels these recommendations and best practices.
Ms. Coles-Dobay noted there are 500 U.S. Public Art programs. Ms. Moodie inquired if
there is any other way to redistribute some of the funds. Ms. Coles-Dobay reviewed the
City's webpage, which contains a virtual tour, which shows all of the artwork in the City.
There is also a map included. Some of the links have an audio. The members watched
the online video regarding the 2016 Art in Public Places, which Ms. Coles-Dobay updates
every year and makes a presentation to the City Commission. The Strategic Plan is also
included. The information indicates the Arts Commission had conducted a public art
survey. The program is well thought-out, and it was developed and continues to run
smoothly based on best practices in place from the beginning.
One question the City Commission asked was if the Arts Commission ever rejected a
public art concept. Ms. Coles-Dobay explained in reference to Cavalcade there were
many questions asked about placement and proportion and it was not approved the first
time. The artist resubmitted although the concept did not change. Another instance with
a controversial piece was the sign by Home Depot. The developer wanted to create a
sign and insert a sailfish in the middle of the sign. The Board noted it was fabricated art
and not true art. Sometimes the 70% funds are given to the program and the Public Art
budget is balanced with those funds. There is no excess or surplus. Programs have costs
and the funds do not come in right away. Large projects go through the site plan process,
which could take a year and up to three years to build the project. Most large projects
apply public art to the project.
One important element is how the Arts Commission commissions art or encourages
developers to find the right public art for their project. Normally developers are
encouraged to issue a call to artists for a request for qualifications and not a proposal.
Ms. Coles-Dobay reviewed a call to arts and request for qualifications, not a proposal. It
is easier to find someone to work with that may be a match what the Arts Commission
needs for the project that has similar project budget and progress backgrounds that meets
many criteria. This information is critical up front.
Another example is the East Water Treatment Project was a $260,000 project. The
question was how could the Arts Commission deliver something that educates the public
about drinking water and water reclamation. The Arts Commission issued a call to artist
request for qualifications and narrowed down the artists to two or three and each artist
was given a stipend to create a proposal. The City Commission wants an artist to present
two or three concepts. Ms. Coles-Dobay pointed out an architect is not asked to submit
two or three ideas for buildings. The Arts Commission provides the information to the
artist such as the budget, the location, what the space is about, and where they can place
the art. As much information is provided as possible. The Art in Public Places explains
what they are looking for. The art reflects what happens with the aquifer, the water is
drawn from the aquifer, it goes to the West Water Treatment Plant, it is pumped to the
East Water Treatment Plant and the new system creates a better more efficient ior,
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Boynton Beach, Florida January 11, 2018
exchange water treatment. It lists the project facts and a timeline. On this particular
project, there is a water spigot where individuals can get fresh water, and about 1 ,000
gallons a month is used. The information provides who the artist would be working with
from the City, information on the water treatment plant, the wall that is there, project facts
and a timeline. The process takes time. A call to artist is published, there is a deadline,
there are diagrams with labels of what exists on the site and they also are sent a sample
artist agreement so they will be aware of what they are signing.
The process to qualify the artists is very detailed. The artist submits a statement of
interest, artist and artist team biography, visual materials and what other project they
completed to give the Arts Commission an idea if they are qualified or not. The criteria
used to rank the artist is provided, and when a decision is made, an honorarium is given
to each elected artist or artist team and information on the selection team is provided.
There is a great deal of information exchanged. There is a grid if information that is used
to evaluate respondents. The selection panel is made up of project stakeholders, one or
more members of the Arts Commission is always invited and a public artist. A contractor
overseeing the entire project, a member of Utilities management and a public artist, who
was Leo Urban, because the Arts Commission thought the project may be eco art. The
team reviews all these plans and uses a grid to score the work. The panel narrows it
down to two people who are given a stipend to develop a concept. If the artist is given
two stipends for two concepts, there would be less funds for the public art project. The
artist who won travelled from Iowa to make the presentation. The artists submit what they
think is the best for the project. if the City Commission wants a second concept, she did
not know what it would be because artists submit what they think is their best. Information
on how the proposal is scored was outlined.
The Utilities project was a large project. There are other large projects underway such
as Riverwalk, Ocean One, the Villages of East Ocean and the Town Square. Ms. Coles-
Dobay noted the Arts Commission is already very engaged with the Town Square and
changes to the Ordinance would not impact these projects. There would not be an impact
on the large projects that already started the project, but they would affect new projects
of any size. Ms. Coles-Dobay reviewed the KLA Daycare project, which was a smaller
project. The owner had very specific criteria. The school was a progressive, high energy
and colorful school and the art was to reflect those attributes. The developer wanted
something in the entryway and the artists developed Friendship Rings. Their budget was
$5,500. If the Arts Commission gave the artist a stipend for two concepts, it would leave
barely enough to build the art.
Provisions for alternate selections were reviewed and this had been discussed for the
Town Square Plan. The Arts Commission was developing art for the project and the
community was actively engaged. The Arts Commission sought feedback about what
type of experience the public wants and what they want the Town Square experience to
be. Written conceptual ideas were shared at the Arts Commission meetings of what was
wanted in certain areas and now they are discussing the types of projects to install.
Questions such as should the Arts Commission do a call to artists and should they invite
Meeting Minutes
Arts Commission
Boynton Beach, Florida January 11, 2018
a public artist or artist team to work with them. A developer may want to hire their own
artist and they have that right as long the artist is a qualified public artist. Ms. Coles-Dobay
pointed out the Guidelines address this issue. When the opportunity for Albert Paley to
come to Boynton Beach arose, it was amazing. It is having famous art in the City and it
connects the City's culture to the global community, which the art accomplishes. The art
is a gateway project. Mr. Paley's art is very signature, highly visible and identifiable. She
noted when crossing the bridge towards Federal Highway, one cannot miss the sculpture
and it is impressive. Cavalcade makes a statement and is the tallest sculpture in Palm
Beach County. It also connects to what is being done with the Town Square Plan. It has
presence and gets people excited. Artist selection methods of the Ordinance had
selection criteria. One section encompassed open competition, limited invitational, direct
purchase or invite an artist. All of the criteria still needs to be followed when asking an
artist for a concept. If some of the criteria were changed, it would erode the budget for
the piece and it would be better suited if there were multiple artists, but that would involve
more money and time. If the Town Square Plan is fast tracked, the Arts Commission has
to look at a team or artist to integrate the piece into the construction site and not install
plop art. It is important to find artists sooner rather than later. The Arts Commission could
issue a RFQ, which could take months or they could invite a few artists after reviewing
their backgrounds, and receive proposals and use the stipends to develop the concept,
but it has to be approved by the Arts Commission members. It would be a shorter
process.
The Arts Commission has specific duties to follow the guidelines and recommendations.
The members are appointed to the Arts Commission and it is important they handle this
responsibilities properly. The Arts Commission does not have a lot of controversy or
rejection of the art because the members do the homework up front to avoid issues at the
end. The members are engaged and communicate with the artist and the developer so
there are limited conflicts, which is the key to the project's success.
Ms. Coles-Dobay thought the Arts Commission should have a one or two page summary
of what they are supposed to present in their proposal. If the proposal does not have
enough information or the right information for the Arts Commission to make a decision,
it does not reach the Arts Commission for consideration. Ms. Coles-Dobay ensures the
information is complete.
The City Commission is looking to have discussions in February about the Public Art
Ordinance and what they want to change is to have the developers submit more than one
public art concept. Mayor Grant also wanted to discuss taking the 70% if the developer
does not want art in their project and applying it elsewhere for environmental concerns.
Ms. Coles-Dobay hoped to have an opportunity to sit with them one-on-one or sit with the
City Manager and answer any questions they have about the Public Art Ordinance. One
issue is they may not understand what is contained in the Ordinance and Guidelines and
Recommendations is very detailed. The Arts Commission asks for information upfront
before they review a concept. More awareness is needed and the program parallels the
500 best practices in use around the country regarding Public Art Programs.
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Arts Commission
Boynton Beach, Florida January 11, 2018
Ms. Moodie asked about coordination with other city programs and learned City staff is
aware Ms. Coles-Dobay coordinates with all the other departments. The program is not
an isolated program. When volunteers and the Arts Commission put the program
together, the City did not pay to develop the ordinance. Typically, a City hires a consultant
and they develop the guidelines. Public art program best practices include guidelines
and recommendations were used to craft the Ordinance and tweaked to what makes
sense for the City. Boynton Beach was one of the first cities to adopt the public/private
Art in Public Places Ordinance. It does not run on taxpayer dollars or a tax: it is a fee.
Without the fee, there is no program. The program began and struggled with the budget
when no funds were coming into the program. In 2007 and 2008, nothing was occurring,
but the program survived. Some big box stores redeveloped and the program sustained
itself without using monies from the General Fund. The City continued the program and
now the program is self-funded and self-sustaining. She did not understand why the
funds would be taken and directed somewhere else. All the art placed in the City must be
maintained with the funds collected from the Ordinance. Ms. Louis suggested the City
Commissioners should be made aware of the issues. Ms. Coles-Dobay hoped to have
informative conversations with them before the February meeting.
IX. UNFINISHED BUSINESS
A. NONE
X. FUTURE BUSINESS
A.Town Square Plan
• Potential relocation for existing public art
• Potential new public art sites
C. Kinetic Art exhibit planning - location and dates
XI. Adjournment
Motion
There being no further business to discuss, Ms. Moodie and Ms. Huff moved to adjourn.
Ms. Louis seconded the motion that unanimously passed. The meeting was adjourned
at 8:28 p.m.
Catherine Cherry
Minutes Specialist
9
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public art proposal that is States include this process.The € Commission minutes and raise
submitted and presented to the Arts Commission (art approval ! questions or concerns when the
Arts Commisison. board) are comprised of a diverse calls to artist(s), invite to artist(s)
• The public artist(s)team dicipline, cultural background and I teams and projects are initally
qualifications and references ethnicity of community i presented and discussed by Arts
are checked. stakeholders. These boards Commsision.
• The proposal is checked to select and approve the artworks
include all of the critria and ( and artist(s)team based on
infromation needed for the specific criteria. I
Arts Commission to review the
proposal.
• • The Arts Commission board C i
members review the
proposals based on specific
criteria and not on their
personal art form likes and
dislikes. Page 20 &21 Public
Art Ordiance 07-002.
• The Public Art Master/
Strategic Plan is referenced
when reviewing calls to artists
and project approvals.
• www.bovnton-beach.org/
departments/public art/ I f !
docs/ ( I
2016 Public Art Master Str
ategic Plan Update.pdf
•
•
The board members are
appionted by the City
Commission. (see duties below)
PUBLIC ART ORDINANCE
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Arts Commission duties Powers and Duties: Best practices in public art Impact developers time and
To excercize their authority to programs throughout the United expenses dedicated to the public
approve, approve with conditions States have an independent board art for the project and possibly
or disapprove proposed appointed by a City Commission shift the the Art in Public Places
installations of artwork based on and /or Cultural orgainzation Program ordinance perception
the Art in Public Places Program executive board. from a postivie community
Ordinance's Guidelines and program to a negative one.
Recommendations along with
financial expendures, program
guidelines and amendments,
Public Art Master Plan and
education of the program. Page 3
& 17 of http://ww1.boynton-
beach.org/weblink/DocView.aspx?
id=28127&page=1&dbid=0