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Agenda 07-14-22 City of Boynton Beach Art Advisory Board Agenda Thursday, July 14, 2022, 6:30 pm IN PERSON MEETING Boynton Beach City Commission Chambers 100 East Ocean Ave, Boynton Beach, FL 33435 Listen Only Via Zoom https-Hu s06web.zoom.us/j/82962596421 Meeting ID: 829 6259 6421 929-205-6099 Art Advisory Board Members Kelli Drum, Chair Clovis Moodie, Vice Chair Cynthia Alexis, Board Member Courtlandt McQuire, Board Member Phyllis Pacilli, Board Member Ace Tilton Ratcliff, Board Member Sam Velazquez, Board Member Ellen Jones, Alternate Gregory Hartmann, Alternate City Staff Glenn Weiss, Public Art Manager Veronica Inberg, Public Art Coordinator Catherine Cherry-Guberman, Minutes Specialist I. Call to Order a. Roll Call b. Excused Absence Requests c. Appointment of alternate(s) for absent member(s) d. Agenda Approval or Amendments II. Approval of Minutes Motion: July 9, 2022 meeting minutes are approved as written or amended. (Ex. A). III. Informational Items from the Board IV. Announcements/Reports/Presentations A. Exhibitions (Exhibit B) Boynton Beach Art Advisory Board Agenda, July 14, 2022 Page 1 Masks and Social Distancing Encouraged in Commission Chambers Art Advisory Board Agenda Package, July 14 2022 Page 1 a. Parks Photo Exhibition: Opens on July 1. Artist Reception on July 8, 5:30 PM B. Grants a. SouthArts for Heart of Boynton Unity Project b. Sponsorship Package for Kinetic C. Upcoming Opportunities a. Kinetic Call to Artists: Inside and Outdoors: August 16 b. Sponsorship for Kinetic (Ex 132) D. AiPP and Private Development. See 6-12-2022 Update Report (Exhibit C) V. Action Items Design for Riverwalk Sculptures by Mark Fuller Motion: The updated design for the Riverwalk Development lighted "Fish Columns" by artist Mark Fuller are approved as presented. (Ex. D) WXEL/PBS Cultural Arts Center Motion: The artwork location for a sculpture at the WXEL/PBS Cultural Arts Center at 3401 S. Congress Ave is approved as presented. (Ex. E) VI. Old Business Kinetic Logos (Ex. F) Outdoor Kinetic Sculpture Selection: Artwork Types. District Site Plans for Sculptures, Murals and Sculpture Pads (Ex. G) VII. New Business Art in Public Places Guidelines Amendments: Private Development (Ex. H) VIII. Public Comments IX. Future Agenda Items None X. Adjournment Attached Items Exhibit A: June 9, 2022 Regular Meeting Minutes Exhibit B: Exhibitions Exhibit 132: Kinetic Sponsorship Deck Exhibit C: Private Development Update Exhibit D: Riverwalk Fish Column Update Exhibit E: WXEL/PBS Sculpture Location Exhibit F: Kinetic Logos Exhibit G: Downtown Site Plan Exhibit H: AiPP Guideline Amendments Boynton Beach Art Advisory Board Agenda, July 14, 2022 Page 2 Masks and Social Distancing Encouraged in Commission Chambers Art Advisory Board Agenda Package, July 14 2022 Page 2 Notice If a person decides to appeal any decision made by the City Commission with respect to any matter considered 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 activity conducted by the City. Please contact the City Clerk's Office (561)742-6060 or (TTY) 1-800-955-8771, at least forty eight 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. Information regarding items added to the Agenda after it is published on the City's website 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 fifteen 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 nay not participate further even when purportedly acting in an informal capacity. Boynton Beach Art Advisory Board Agenda, July 14, 2022 Page 3 Masks and Social Distancing Encouraged in Commission Chambers Art Advisory Board Agenda Package, July 14 2022 Page 3 EXHIBIT A Minutes of the Art Advisory Board Meeting Held on June 9, 2022, at 6:30 P.M. In City Commission Chambers, City Hall 100 E. Ocean Avenue, Boynton Beach, Florida Present: Clovis Moodie, Vice Chair Glenn Weiss, Public Art Manager Dr. Phyliss Pacilli Veronica Inberg, Public Art Coordinator Courtland McQuire Ace Tilton Ratcliff Gregory Hartmann Hector "Sam" Velazquez Absent: Kelli Martin, Chair Dr. Ellen Jones Cynthia Alexis 1. Call to Order Vice Chair Clovis Moodie, ran the meeting in the absence of the Chair and called the meeting to Order at 6:30 p.m.. a. Roll Call — Self introductions were made b. Excused Absence Requests Board Members Kelli Martin and Cynthia Alexis were excused absences. c. Appointment of alternate(s) for absent member(s) Gregory Hartmann was appointed to fill in for regular Board Member Martin. d. Agenda Approval or Amendments Courtlandt McQuire moved to approve the Agenda. Dr. Phyllis Pacilli seconded the motion. The motion passed unanimously. II. Approval of Minutes —April 14, 2022, and May 12, 2022 Motion Dr. Pacilli moved to approve the April 14, 2022, meeting minutes as written or amended. Art Advisory Board Agenda Package, July 14 2022 Page 4 EXHIBIT A Meeting Minutes Art Advisory Board Boynton Beach, FL June 9, 2022 Ace Tilton Ratcliff seconded the motion. The motion passed unanimously. Motion Dr. Pacilli moved to approve the May 12, 2022, meeting minutes as written or amended. Mr. McQuire seconded the motion. The motion passed unanimously. III. Informational Items from the Board Vice Chair Moodie announced that she attended the Steering Committee meeting for the Parks and Recreation Board Master Plan. She stated that met with consultants, City employees, work members from various groups and other involved individuals for an hour and a half, and told them how Parks and Recreation started and where they are going. Mr. Hartmann noted the upcoming Lionfish Derby will be on June 11th. He stated that it is an environmental issue, as Lionfish are invasive and it is good to remove the species. After the Derby, the fish are prepared and eaten. Dr. Pacilli stated that she obtained all the contact information on a list of Artists and that they can issue a Call to Artists. Mx. Tilton also contributed to the list and was sending kinetic artists information. They commented that the Facebook algorithm makes it easy to find kinetic artists. Hector Velazquez mentioned that he was also seeking to contact artists and one of them asked why he wanted his email address. Mr. Velazquez explained that they are issuing a call to artists and that he hoped artists will join the kinetic event. Mx. Tilton further inquired about the Parks and Recreation Master Plan and what was discussed as far as the Art Advisory Board. Vice Chair Moodie explained that art was not included in the meeting discussion. She said that the meeting was informational and she noted several more meetings will occur. A. Announcements/Reports/Presentations Exhibitions (Exhibit B) a. Second Career Artists: Closes June 24, 2022. Sun Sentinel Article (Ex. C) Vice Chair Moodie announced that this exhibit is still ongoing. Mr. Velazquez stated that some of the members attended, spoke to the artists and that he was impressed by the fact the artists were successful in one field and now in another. Dr. Pacilli mentioned that she met with a local artist in Boca who has had many showings of her work and spoke to her about the upcoming project for Waste Management, because she did one in Gainesville. She commented that the work was not exactly the same, but the artist was encouraged to come and bring her ideas. b. Boynton Beach Arts District: 6-9 PM, Saturday, June 16, 2022 2 Art Advisory Board Agenda Package, July 14 2022 Page 5 EXHIBIT A Meeting Minutes Art Advisory Board Boynton Beach, FL June 9, 2022 Mr. McQuire announced that this is on Industrial Avenue and the walks feature arts and crafts. She said that they have a good turnout and it showcases the various art. c. Parks Photo Exhibition: Opens on July 1. Artist Reception on July 8, 5:30 PM Vice Chair Moodie presented this item. Mr. Velazquez asked if the deadline was over to submit photos and learned staff was still coordinating all the photos that were received. Glenn Weiss advised this event was a two-part exhibit; one part was the photos that will be voted on via Facebook, and the other was photos from career photographers. B. Grants a. Submitted State of Florida Grant on June 1, 2022 Veronica Inberg, Public Art Coordinator, explained that this grant is for general program support and the award amount is based on if they applied for the grant before or not. She said that they can only ask for a certain amount and that she, Mr. Weiss and Ms. LaCroix finished that grant five minutes before the deadline. She mentioned that they feel the grant application did the City justice and they are hopeful it will be awarded. C. Upcoming Opportunities a. Mural Call to Artists and Call to Owners: June 7 Mr. Weiss advised that the Call to Artists ended June 7th, but that they have not received any mural applications from either owners or artists. He said that they have to think it over and start over in a different way. Brief dialogue followed and it was mentioned that staff issued the Call to Artists through various channels. Mr. Weiss stated that there are artists that want to paint murals, but they need owner permission. He commented that staff will continue to try to find owners to match with artists. b. Parks Photo Contest Call to Everyone: June 12 This item was previously discussed. c. Honoring Solid Waste Drivers Call to Artists: June 23 Mr. Weiss explained that they released the Call to Artists and have been pursing artists around the country who do this work, especially with people of color. He stated that they have their fingers crossed that seasoned artists come through, in addition to local artists interested in this type of art. d. Kinetic Call to Artists: Inside and Outdoors: August 16 3 Art Advisory Board Agenda Package, July 14 2022 Page 6 EXHIBIT A Meeting Minutes Art Advisory Board Boynton Beach, FL June 9, 2022 Mr. Weiss announced that they released the Call to Artists internationally because the Board was seeking kinetic artists to participate. He said that he received one application from an artist interested in providing an indoor piece. He mentioned that staff will continue to search to find quality artists into August. D. AiPP and Private Development. See 6-12-2022 Update Report (Exhibit D) Mr. Weiss commented that the list contained new and older details of what development was occurring and where. He said that Oakwood Square also provided their design at the last minute. IV. Action Items Juror for Solid Waste Mr. Weiss stated that the Board needs to establish a jury panel for Solid Waste Drivers project Selection Panel. He commented that given the different issues with the Sunshine Law, only one person from the Board could serve on the selection panel. He requested that the Board agree on who would represent the Board. Mx. Tilton stated that they are interested in being a juror for this project. Motion Dr. Pacilli moved that Mx. Tilton be appointed as a Juror for the Solid Waste Driver's project. Mr. McQuire seconded the motion. The motion passed unanimously. Oakwood Square Mr. Weiss recalled that a representative for Oakwood Square was present two meetings ago and presented the artists from Los Angeles, Office Kovac. He stated that he was surprised to see them apply and explained that they proposed a simple concrete bench design, creating a simple shape with different textures and contrasting colors to stand out. Dr. Pacilli queried how they could vote on the piece, as there was no money in the budget. Mr. Weiss explained that the Board has two functions: to set the artistic agenda of what public art should accomplish, and to review and approve concepts as part of redevelopment. Mr. Weiss said that the Art in Public Places Ordinance sets a 1% fee to be paid for public art, broken down into 30% for program administration and 705 for the public art. He explained that the developer is paying $51K to the City for administration of the program, and $40K, on the art, and that Eden's frequently includes art projects in their developments. Mr. Weiss added that the developer is actually spending more on the art than is required and that the Board is just approving the design. Mx. Tilton commented that the back of the bench looks like a great place for a mural. Mr. Weiss conveyed that the Board's job is to accept or reject the concept as proposed and that 4 Art Advisory Board Agenda Package, July 14 2022 Page 7 EXHIBIT A Meeting Minutes Art Advisory Board Boynton Beach, FL June 9, 2022 the Board can offer comments, but the artist is not obligated to make any changes in response to them. Mr. Hartmann shared that he was not a fan of the piece. He understood that the main view of the art in a public place will be from the outside, not the inside of the restaurant, and there will be a four-foot tall cement wall outside. He pointed out that painted cement does not wear well over time and suggested paneling or metal may be more durable. He stated that it will be away from the shade of the plaza and it is a place to sit, but not to gather. Mr. Weiss recalled that the Board had reviewed two things: one was the seating at that location and the other was Andrew Kovax, the artist. Mr. Hartmann contended that the location of the space facing the street is counterproductive from being a seating area, as it is further away from the restaurant and shade, but if it was closer to the sidewalk. He proposed that placing it under the word "Leaf', would be better. Mr. Weiss advised that they had a discussion, the sun will be on it no matter where it is placed from 1 p.m. on, and that location was agreed to as a seating area. Mr. McQuire stated that he liked it and would like to see a fence or something that separates the openings on the end from the street. He mentioned that he was concerned about small children or those who were distracted, as they may wander onto the sidewalk, but one opening was buffered by greenery. Mx. Tilton noted there may be Americans with Disability issues due to where the ramp is and that as a wheelchair user, wheelchairs need more space. Dr. Pacilli commented that she liked this artist's work[ and thought a concrete barrier was much better than a fence. She stated that if they did something interesting on the back of the bench, it would not be visible at night, and there would be shrubbery so it would be blocked anyway. She pointed out that the bench will need to be maintained by the property management company and it would also provide a cool skateboarding structure. Motion Mx. Tilton moved to approve the Big Bench by Office Kovac, for Oakwood Square, owned by Edens and the Art Board approves it to satisfy the Art in Public Places Ordinance. Dr. Pacilli seconded the motion . The motion passed unanimously. V. Old Business Non-Profit for Fund Raising with Greater Boynton Beach Foundation Mr. Weiss conveyed that at a prior meeting, Tessy LaCroix, the City's Grant Manager, and the Board discussed fundraising and that one issue with fundraising was being a City instead of a 501(C)3. He said that he learned that the City had set up the Greater Boynton Beach Foundation, as Parks and Recreation had the exact same problem. He 5 Art Advisory Board Agenda Package, July 14 2022 Page 8 EXHIBIT A Meeting Minutes Art Advisory Board Boynton Beach, FL June 9, 2022 mentioned that more recently they spoke to the Foundation to ascertain if they could apply for money using the Foundation as an umbrella for the grant, and they were supportive. He said he was told that art was part of the Foundation's mission and they would be the fiscal agent for any grants that the City cannot apply for. He stated that if the Board is interested, Mr. Weiss will invite them to the next meeting to discuss the matter further and all agreed to extend an invitation. Outdoor Kinetic Sculpture Selection Method and Kinetic Logo (Ex E) Mr. Weiss announced that two years ago, the Art Advisory Board sat as the Selection Committee for the kinetic art He asked if he should set up another committee or not, and learned that the Board would again sit as the selection body. Vice Chair Moodie noted that the Board had served in this capacity in the past and it educates the members about the art and artists for the event and private tours. Mr. McQuire said that they should keep the logo, as it has been used in the marketing materials and has been associated with the event for years. He mentioned that the artist who created the logo said it was created from a paper clip as a K for kinetic. He distributed examples of various logo concepts as to what would work and requested feedback from the Board. Discussion ensued about what the members liked and there was agreement logos five and six could be revised. Mr. McQuire agreed to revise the logos and bring them back to the Board for future voting. Mr. Weiss said that he will distribute them to the Board and then poll the members. VI. New Business 1. Downtown Site Plan for Sculptures, Murals and Sculpture Pads (Ex. F) Mr. Weiss stated that he had written an introduction for this item and hoped the members read it. He pointed out that development downtown is moving quickly with developers attempting to get their buildings approved by the Planning Board and the CRA. He mentioned that the Board has to have a plan to ask the developers, and the CRA, about what they would like to see in terms of art. He commented that the developer does not have to comply, but some developers would welcome the feedback and this item is a preliminary plan to begin the discussion and it could be discussed further at the next meeting. He explained that the plan has four principals, which would be to have a significant large-scale sculpture for Ocean Avenue and Federal Highway to go with the Albert Paley piece. He said that they could reinforce the Avenue of the Arts and ask developers to continue to make Avenue of the Arts into a thing, by adding sculpture bases and mid-sized sculptures, murals, benches, or other items geared towards pedestrians walking down the Avenue so that as pedestrians walk, they will make a connection and have an active space. He acknowledged that the Board will also continue to develop the Town Square and that one developer is interested in buying the property from the existing owner. Mr. Weiss said that he wanted to ensure they talk about it, what kind of art they want to see on the parking garage on SE 1 st Avenue, and what may happen on Boynton Beach Boulevard as a result of development moving forward. He said that if there is a 6 Art Advisory Board Agenda Package, July 14 2022 Page 9 EXHIBIT A Meeting Minutes Art Advisory Board Boynton Beach, FL June 9, 2022 new developer, they will have a new design and they will have to rethink this, but the garage has to have scale, and it needs to be art from a national caliber artist. Mr. McQuire explained that the art for the garage was approved via the committee and Amanda James was awarded the work. He noted that she had created a sea themed dolphin, but he did not know if that would be part of the garage. Mr. Weiss indicated that they could discuss it, but reiterated the caliber of the art needed to be higher. He noted that a new developer will be in charge. Mr. Weiss reported that the south sidewalk on Boynton Beach Boulevard will also be widened by the State and feature lightly colored panels. He thought that it was beneficial to share the ideas they have with the developer. (Mr. McQuire left the meeting at 7:24 p.m.). Mr. Weiss stated that another two properties will be developed on Boynton Beach Boulevard, on both sides of the railroad tracks. He recommended walking Boynton Beach Boulevard and 2nd and to think about what would be appropriate. Mx. Tilton believed a version of Wynwood, except with sculptures, would be really cool. 2. Heart of Boynton Unity Project: Our Town Grant the NEA and SouthArts Grant (Ex. G) Mr. Weiss elaborated that at last year's Juneteenth celebration, Victor Norfus, a historian focusing on the history of the African-American Community, suggested that the City engage with the community about a project, not remembering the anniversary of residential segregation, which was on February 20, 2024, but on how to continue to bring the community back together. Mr. Weiss articulated that the subject is a sensitive issue and he wanted to bring the idea forward and ask if the Board was comfortable moving in that direction. He explained that if pursued, an event could be planned for and held in the spring. Mr. Weiss added there is Our Town funding from the National Endowment of the Arts, but they would have come to an agreement about the project at the next meeting. He mentioned that this project would be a special effort held on even numbered years between the Kinetic Art Exhibit events. He indicated that there could be banners. Mr. Weiss explained that he has led this kind of project in the past and wanted to ensure all knew about the project early on. Vice Chair Moodie expressed that the history involves all of the Board members. She believed it is a great idea and the Board should pursue it, as the details can be worked out. Mr. Velazquez wanted to ensure that the individuals directly affected by any kind of art, and celebration of art in the area have input. Mx. Tilton agreed that it could be an incredibly powerful project. She said that she recently learned about when the schools segregated, so this would be a deeply powerful and important piece of art. She added that she is in favor of the project. Dr. Pacilli also agreed on the need to reach out to the community for input. She noted MLK Jr Boulevard was neglected, mistreated and mishandled, but there will be midrise housing, storefronts and transformation coming. Mx. Tilton thought it could play into the project. Mr. Velazquez agreed that bringing the community together to discuss the project would be beneficial and he wanted to see that happen. He suggested holding the meeting in 7 Art Advisory Board Agenda Package, July 14 2022 Page 10 EXHIBIT A Meeting Minutes Art Advisory Board Boynton Beach, FL June 9, 2022 the Heart of Boynton instead of City Hall. Mr. Hartmann recommended approaching the Historical Society or Historic Preservation Board for assistance. Mx. Tilton stated that she grew up two blocks from MLK Jr. Boulevard. She was unaware of the area's history, and knows nothing about the churches. After very brief dialogue, there was agreement for Mr. Weiss to put together a plan. VII. Public Comments None. VIII. Future Agenda Items None IX. Adjournment Motion Dr. Pacilli moved to adjourn. Mr. Hartmann seconded the motion. Mr. Weiss announced that he will send out a draft guideline for developers which he wants the members to review. He was attempting to revamp all the guidelines, but the Developers Guideline's is the most important. He declared that Ms. Inberg has been an invaluable resource to Mr. Weiss, which has freed him up to work on other needed items. Mx. Tilton queried what a Board member can say at the budget hearings. She wanted to advocate for more funds. Mr. Weiss replied, as far as he knows, members can speak as long as they do not speak to any other members, and that each member can speak their mind. Vote The motion passed unanimously. The meeting was adjourned at 7:35 p.m. Catherine Cherry Minutes Specialist 8 Art Advisory Board Agenda Package, July 14 2022 Page 11 EXHIBIT B Parks Photography Exhibition and Photo Contest, July 2022 R ! rr f � I �I City Staff: Recreation and Parks, Public Works 1 fill , M I I � / // � I' I IIIIIIIIIIIIIIIIIIIIIIIII;;;;;IIIIIIII�I Y� f li '�� q II 4 VIII , / � foil II��II IIIIIII'�1fi� ulu �Niii(Ilu(ubi�l�u�uuulu�( Friend- AtiWVitIVordtB pht:wrl3AYPe Kirschenbaum (Black glasses and blue t 12 EXHIBIT B Parks Photography Exhibition and Photo Contest, July 2022 r. I David Dennis with his Photographs �GaO *I I I h r II I I a /E�!� / �ali Yh� / fIINtIfiM11IUN 4N11\9)�%rfrrrJi° f/ w I Rod Faulks "Little League Park" Art Advisory Board Agenda Package, July 14 2022 Page 13 EXHIBIT B2 Kinetic Sponsorship Deck Feedback Cultural Council of Palm Beach County On July 14th 2022 the Kinetic Sponsorship deck was sent to Bama Lutes Deal, Cultural Concierge Program Manager, and Debbie Calabria, Director of Membership and Corporate Relations, at the Cultural Council of Palm Beach County for feedback. Below are their comments: Bama Lutes Deal: This isn't my area of expertise, so I'll share my first impression feedback as a former business owner who used to get these kinds of solicitations, OK? • Instead of a deck, scale back to a simple one-page .pdf. 2-pages maximum IMO • SPONSOR OPPORTUNITIES for the City of Boynton Beach KINETIC BIENNIAL 2023 (no other descriptive copy is really needed—just a great photo showing happy crowds and art.) • When prioritizing font sizes, messaging, and content order, stick to the basics. Potential sponsors are looking for "what I get for how much." Make that your design mandate. • List value/opportunities and pricing up front. Slide 3 is the clear foundational piece. To that into, you could add distribution data (6,000 brochures, 4,000 Fun Fairs, 20K Direct Mails), AND last year's results (i.e., 5,500 S. Florida Visitors; 100K Social Media views), then make it look pretty. • Close with a strong CTA—Reserve YOUR SPONSORSHIP Now! • Also consider "early bird pricing" (Reserve by _date_ and receive a 10% discount!). Then you can send reminder messages. Debbie Calabria think you all have done a really nice job. Bama has some great points as well, the only thing I would add or mention in the last slide include contact information from you all. Good Luck! We are working on ours now too for FY 23 exhibitions and events. Art Advisory Board Agenda Package, July 14 2022 Page 14 0 2023 K'I*net'l*c B'iennia Boynton Beach, FL I January 27 - 29, 2023 u""uuuuuuuuuuuuuuuuuuuuuuuuuuuuu66Nuuuuuuuuuuuuu " �� 6080666600690 0 0 0 a 0 8 a a M . . . . 2023 KrERNATMNAL mrm om Om valfli � come 6 u ' �I B O Y N r O�4 ��rrll�lFF BEACH � 6 / � u "Nu•, w' au r 1 + ry ta /ry MechanieaL Horse by Adnan'Landcsn t,0 0l((,1,.j0,l u F NRUK,r,,J rf 100 E Ocean Ave ® 561-742-6757 ® PublicArt@bbfL.us O @boyntonarts Boynton Beach, FL 561-742-6026 _ BoyntonArts.org #boyntonarts Kine ii c ern The City of Boynton Beach hosts its 6th International Kinetic Biennial during height of the Florida season in January 2023. Internationally, the Kinetic is the world's only continuous cultural event dedicated to the creative overlap of art, technology and motion, and the only city for tourists and residents to wander among outdoor kinetic sculptures year round. More than 5,000 South Floridians and visitors attend the FREE two days indoor and outdoor kinetic artworks, artist talks, art and technology displays, Live music, food trucks and unique vendors. ART. TECHNOLOGY. MOVEMENT. 1OO,OOO's of social media views 23 artists exhibited 5,500 visitors in 2021 .... „ !111111 pm, i% /rr ;�, � ,,,,,,, " IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII �� 'W °°°°°° �; , ,� ��, � � g�""'°;�- ,io� Alf '47 1 �� " �'� II II IIIIIIIIIIIIIIII IIIIIIII a � rh�� ; IIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIII IIII�IIII� r a Just as one c,,, i �w compose colot" forms, so , ,,, compose rr ALEXAN DEQ' �� • Spon or hip . . F IndividuaL Sponsorship: $500 • Name and Logo on aLL I i s person• VirtuaL and in • Invitation to VIPv ,a Community Sponsorship. $1,000 � �� • IndividuaL sponsorship PLUS • Business card sizedin event program Artist Sponsorship: $2,000 • Community Sponsorship PLUS 14 page ad in FunFare Magazine J VIP Sponsorship: $5,000 • Artist Sponsorship PLUS • FULL page ad in event program • 112 page ad in FunFare Magazine 1 • Name & Logo on website for 6 months � • Mention in aLL press releases & interviews • Vendor booth for fuLL 2 days FiaLirc HNaming Rights Sponsorship: er by fuftf , 000 • VIP Sponsorship PLUS • FuLl. page ad in FunFare Magazine • Ti tLe of event to i n eLude YOUR NAME • Name & Logo on website for 1 year r �� uuuuu uuu Me R RIO / 1 / r / r r ru Arts & Cultural programs have "a H rrAINNr4 return on investment of $5 for every $1 spent The arts & culture industry has an annual economic impact aF $345.3 million in Palm Beach Count y Local governments in Palm Beach County generated $15,,787,,000 from arts & culture in 2017 The arts & culture industry has an annual impact of $3 billion in Florida Distribution 4 ,,. 000 Fun Fairs 6,000 Kinetic Brochures 20 000 Direct Email. / �;. ^�2�,. � �� '��N�1emI��N��stt�ra � ,. 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J Gl G x � N �r 1 ro I l Y 0 f/ I"'S 6 � P4� y i d Vd � 0�%� � ✓/lig� ✓i. ��i(�'fl(��i�r � � �W w p r d a--+ U (D > 4—) 4—) d r a r M YAP u' `i"� �� '�"` • II i ri a N � CV e� N y tlu r a y Y air I � L d C L a EXHIBIT H City of Boynton Beach Public Art Program Draft Art in Public Places Guidelines for Property Owners Draft April 20, 2022 (Minor Updates on July 11, 2022) Art Advisory Board Agenda Package, July 14 2022 Page 41 EXHIBIT H Introduction On October 5, 2005, the Commission of the City of Boynton Beach adopted Ordinance 2005-060 that created the Art in Public Places program establishing a public art requirement on most new and renovation construction projects exceeding $250,000 in value. In 2020, the program was confirmed through ordinance 2020-16 codified in the Code of Ordinances Chapter 27, Article II, Art Advisory Board. The Art in Public Art program has similar attributes to those in Palm Beach Gardens, West Palm Beach, Coral Springs and many other Florida and American cities. The following public art guidelines have been prepared for property owners constructing or remodeling a building or adding murals on existing structures. Boynton Beach strongly recommends that the property owner meet very early in the prQj ect planning process with the Public Art staff. As discussed in the guidelines, the property has a choice to pay the Art in Public Places fee or install public art on their property. If installing art,the guidelines provide the entire process,requirements and forms to satisfy the public requirements in Boynton Beach. The "Frequently Asked Questions"provide a basic understanding of the issues and process. The FAQs are followed by specific guidelines and various resources to assist in completing the process. The Art in Public Places program is managed by the Public Art staff with assistance from Planning and Zoning Division and the Building Official. All public art that satisfies the Art in Public Places program must be approved the Art Advisory Board. City of Boynton Beach 100 E. Ocean Ave, Boynton Beach, FI 33435 www.boynton-beach.org Tyrone Penserga, Mayor Angela Cruz, Vice-Mayor Woodrow L. Hay, Commissioner Thomas Turkin, Commissioner Aimee Kelley, Commissioner Jim Stables, Interim City Manager Kathryn Matos, Assistant City Manager Glenn Weiss,Public Art Manager Art Advisory Board Kelli Drum, Chair Ace Tilton Ratcliff, Vice-Chair Sam Velazquez, Clovis Moodie, Cynthia Alexis,Phyllis Pacilli and Courtlandt McQuire Alternates: Ellen Jones and Gregory Hartmann Art Advisory Board Agenda Package, July 14 2022 Page 42 EXHIBIT H Art in Public Places Guidelines for Property Owners Table of Contents Introduction 1 Table of Contents 2 Key Information 3 A Significant Choice on Public Art Cost of Compliance with Art in Public Places Construction Project requiring Art in Public Places Frequently Asked Questions 5 Art in Public Places Process 7 Process Checklist: Planning &Zoning, Building Department or No Art Paying for the Art Site Plan Artwork Qualities Artwork Budget Professional Artist Qualifications Artist Selection Assistance Public Art Proposal and Review Criteria Final Installation and Final Approval Post-Installation 18 Public Art Promotion 19 Contacts and Resources 19 Murals Mural Guidelines 20 Forms Art in Public Places Choice Owner's Project Information Proposed Artist Cover Sheet Artwork Proposal Cover Sheet Final Artwork Information Art Advisory Board Agenda Package, July 14 2022 Page 43 EXHIBIT H A Significant Choice: Enhance Owner's Property or Contribute to Public Art Fund Each property owner that is constructing a new or renovated building, that falls under the Art in Public Places program, has a significant decision regarding compliance with City code. Choice #1: Purchase and maintain public art on the property Choice #2: Make a contribution of 70% of 1% of the construction value to the Public Art Fund The City recommends the owner make the choice before or during the staff review process of the Major or Minor Development Application with the Planning& Zoning Division (aka DART). Legally, the owner can decide at any point in the planning, design and construction phases to place public art or make a contribution. Later decision-making to install public art may require modifications to the approved site plan or building permits. What is the Cost of Compliance with Art in Public Places? Overall, a qualifying construction project must pay or spend 1% of the total construction value. The cost is divided in two. 1. Payment of 30% of the 1% (0.003 x construction value) at the time of the issuance of any permit for building, demolition, signage, etc. 2. Payment of 70% of the 1% (0.007 x construction value) or the installation of approved public art costing the same amount prior to the issuance of the final certificate of occupancy. Art Advisory Board Agenda Package, July 14 2022 Page 44 EXHIBIT H Construction Projects requiring Art in Public Places Generally, any addition,renovation or new construction, except for single-family and two-family in-fill houses,with a total construction cost greater than $250,000 must participate in the program. Here is the full list of exceptions from the City code. 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 dedicated to affordable housing as defined by the City of Boynton Beach. 3) All projects which were submitted prior to or on October 5,2005,notwithstanding any subsequent request for site plan extension. 4) Single-family and two-family in-fill housing. 5) 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. 6) Remodeling,repair,reconstruction,or additions made after October 5, 2005 to any existing amenity, clubhouse,building,pool,park,playground and/or common area element located within an existing private residential development. This specific exemption applies retroactively to October 5, 2005. Determination of Value The value of the construction is determined by the Building Official and the value includes all work for a particular construction project even if the permits are pulled at different times by different contractors. Except for the purchase of the land and soft costs such as architectural fees, the value includes everything from demolition or site clearance to the monument sign and landscaping. Affordable Housing(Number 2 Above) The construction value for the AiPP fees for developments with affordable housing units is the total construction value times the percentage of market-rate housing in the development. (Total Construction Value times Market Rate Units/Total Number of Units) Affordable housing units meet HUD low- income definitions. Single and Two-Family Houses (Number 4 above) The exception is only for an individual single or two-family house. The exception does not apply to the development of a site with multiple houses even if the houses are built at different times under different permits. Routine Maintenance (Number 5 above) If the change is voluntary and not initiated due to damaged or failing elements, then the construction project is not routine maintenance. Amenities in existing Residential Developments (Number 6 above) The exception does not apply to the complete demolition of an existing amenity for the construction of a completely new version of that amenity. Art Advisory Board Agenda Package, July 14 2022 Page 45 EXHIBIT H Frequently Asked Questions What is public art? In general,public art is artwork displayed in publicly accessible places and buildings. Up until the mid-20th century,public art such as sculptures, mosaics, carvings and handmade building elements were normal parts of a building. To restore the lost aesthetic qualities,more than 500 American states, counties and cities have required public art in public and/or private construction. Today,public art has come to mean traditional sculptures and murals,plus the full range of things made by artists for buildings, streetscapes and landscapes. Who manages the Art in Public Places program? The Public Art Program of the City of Boynton Beach manages the Art in Public Places program. An appointed citizen committee, the Art Advisory Board, approves artwork proposals and final artworks on private property. What qualifies as public art? For this program, the public art can be many kinds of artistic creations by a professional artist. The Art Advisory Board evaluates the artist first, then the artwork. In general, these artists must have experience in public art and be recognized via museum exhibitions,publications and other cultural institutions. Reproductions of original artwork,unlimited copies or mass-produced art objects do not satisfy this program. No matter the quality,items designed by the architects or other designers on the construction project will not satisfy this program. What types of public art does the City prefer? The first criterion for any public art is the finest artwork available that is appropriate to the particular location. The City wishes to enhance its international reputation for kinetic art,its reputation for sustainability and the public art made by the full range of artists from the ethnic communities of south Florida. What construction projects must pay the art fee or install artworks? Generally, except for single-family and two-family in-fill houses, any addition,renovation or new construction with a total construction cost greater than $250,000 must pay the fee or install artworks. Other exceptions exist for rebuilding after disasters, affordable housing,routine maintenance and renovations to residential community clubhouses. See page 4 for more detail. How much will the program cost the property owner? The owner will need to spend 1% of the total construction value. The cost is divided in two. 1. Payment of 30% of the 1% (0.003 x construction value) at the time of the issuance of any permit for building, demolition, signage, etc. This payment funds the overall administration of the program. 2. Payment of 70% of the 1% (0.007 x construction value) or the installation of approved public art costing the same amount prior to the issuance of the final certificate of occupancy. Art Advisory Board Agenda Package, July 14 2022 Page 46 EXHIBIT H Is the property owner required to have public art on their property? No, the developer may contribute the entire art fee to the Public Art Fund for artworks on public land in the city. The Art Advisory Board will create a plan of future artworks and locations for approval by the City Commission. If the owner wants artwork,where is the artwork located on the property? The public art must be located such that it is readily visible with lighting and fully accessible 24 hours a day to pedestrians and vehicles without significant visual interference by signs,poles, trees,parked vehicles and other objects. The artwork(s) locations should be proposed by the owner and then must be approved by Planning &Zoning and the Art Advisory Board. In the guidelines, the City has established suggested locations for artworks in the downtown including Federal Highway, Ocean Ave, Boynton Beach Blvd, FEC Railroad and ML King Jr Way. How does artwork on private property get selected? First,the property owner should meet with Public Art staff and discuss the project as early as possible in the planning and design process. Issues of sites, costs and artwork quality will be discussed. Once agreed and a site(s) determined, the property owner can choose from two methods. The owner can ask the Public Art Manager to issue a call to artists or the owner can propose directly an artist or work of art. In both cases,the Art Advisory Board and the owner must approve the final result. What if the property owner and the Art Advisory Board cannot agree on an artwork? If no agreement is reached on the artworks, the property owner can end the selection process and contribute the art fee to the Public Art Fund. Or the owner can appeal the decision to the City Commission on the grounds that the proposed artwork does satisfy the adopted guidelines of the City's Art in Public Places Program. How much time does the owner have to propose and to install artworks? The artwork must be installed prior to the issuance of the certificate of occupancy. The City recommends that the owner starts during the design process to propose an artist(s),public art and site design. Does the public art affect the certificate of occupancy? Yes. In unique circumstances,the CO may be issued if the artwork is nearly finished,but not installed. An extension can be granted. If the artwork is not installed within the extension, then the failure is a code violation. Who owns the artworks? The property owner. Who is responsible for the maintenance of the artwork? The property owner. Art Advisory Board Agenda Package, July 14 2022 Page 47 EXHIBIT H Art in Public Places Process Art Advisory Board Agenda Package, July 14 2022 Page 48 EXHIBIT H Art in Public Places Process with Planning & Zoning The checklist is provided for every property owner that chooses to satisfy the Art in Public Places requirement on their major and minor development projects. The checklist is a guide. ❑ REVIEW PUBLIC ART IN BOYNTON: At boyntonarts.org, see the public art in the City. ❑ P&Z PRE-APPLICATION CONFERENCE: At the informal pre-application conference with the Planning and Zoning staff,the Art in Public Places program will be discussed and the Art in Public Places Property Owner's Guidelines will be provided. The owner is encouraged to choose as soon as possible between 1.)providing public art on the property or 2.)paying an art fee in- lieu of placing artwork on the property. ❑ PUBLIC ART STAFF MEETING: If the owner is considering or planning public art on the property, the public art staff is available to discuss options and process for public art prior to extensive site design or building design. ❑ P&Z DART APPLICATION REVIEW*: With the major or minor development application to the Planning and Zoning Division, the owner should complete the Art in Public Places form and designate a choice of public art on the property or payment of the art fee. If choosing public art on the property, the P&Z submittals should show the public art location(s) on the site plan, landscape plan,photometric plan(and elevations if applicable), and a general description of artwork type. The location and visibility require the approval of the Art Advisory Board. (See page 11, Site Plan) ❑ BUILDING PERMIT APPLICATION: With the permit fees prior to the start of construction,the owner will pay the 30% of 1% of construction value of each permit as determined by the Building Official. Any foundations, lighting, and landscaping drawings will be reviewed by Public Art staff for compliance with the approved proposal and these guidelines. ❑ ARTIST SELECTION: The owner should select an artist(s) and present artist qualifications to Art Advisory Board for approval. The owner can request that the Public Art staff issue a Call to Artists to solicit artist applications. ❑ ARTWORK PROPOSAL APPROVAL: The artist and owner's team should prepare a public art proposal and present it to Art Advisory Board for approval. The proposal includes detailed colored illustrations and a description of public art in a Public Art Proposal. (See page 15.) ❑ FINAL APPROVAL: The owner will inform the Public Art staff of the installation of public art, site elements and plaque on the property and submit final documentation of artwork, maintenance plan and proof of expenditure. After the on-site review of artwork by representatives of the Art Advisory Board,the Art Advisory Board will evaluate if the finished work matched the approved public art proposal. ❑ CERTIFICATE OF OCCUPANCY: With final approval by the Art Advisory Board, the final CO can be issued. If the proof of expenditure on public art did not equal or exceed 70% of 1% of the total construction value, the owner will pay the difference as an art fee. Note *: The property owner can determine the location and type of art at a later date,but it may require a site plan modification if determined by the Director of Planning &Zoning Division. Art Advisory Board Agenda Package, July 14 2022 Page 49 EXHIBIT H Art in Public Places Process thru Building Department Only Art on Property The checklist is provided for every property owner that chooses to satisfy the Art in Public Places requirement on significant interior remodeling not requiring a development application. The City is notified of the pro]ect with a building permit application. The checklist is a guide. ❑ BUILDING PERMIT REVIEW FOR PUBLIC ART: The Building Department Intake Staff or the Public Art Manager reviews the building permit application for Art in Public Places requirement. If the construction pro]ect does not require public art,then the contractor will not receive a notice of Art in Public Places. If the construction pro]ect does require public art, the contractor will receive information and the Choice Document for completion from the building department. The contractor should complete and submit the Choice Document with"Yes,public art on the property" ❑ PUBLIC ART STAFF CONVERSATION: Prior to completing the choice document, the owner can contact public art staff to discuss options and processes. A copy of the Art in Public Place Guidelines for Property Owners will be provided. ❑ ART FEE WITH BUILDING PERMIT(S): With the permit fees prior to the start of construction, the owner or contractor will pay the 30% of 1% of construction value of each permit as determined by the Building Official. ❑ SITE APPROVAL: High visibility of the public art from vehicles and pedestrians is required by ordinance. The site approval application to the Art Advisory Board should include public art location(s) on the site plan, elevations with art if relevant,rendering if available, landscape plan, artwork lighting and a general description of artwork type. (See page 11, Site Plan) ❑ ARTIST SELECTION: The owner should select an artist(s) and present artist qualifications to Art Advisory Board for approval. The owner can request that the Public Art staff issue a Call to Artists to solicit artist applications. ❑ ARTWORK PROPOSAL APPROVAL: The artist and owner's team should prepare a public art proposal and present it to Art Advisory Board for approval. The proposal includes detailed colored illustrations and a description of public art,plus other information in the Public Art Proposal,page 15. ❑ FINAL APPROVAL: The owner will inform the Public Art staff of the installation of public art, site elements and plaque on the property and submit final documentation of artwork, maintenance plan and proof of expenditure. After on-site review of artwork by representatives of the Art Advisory Board,the Art Advisory Board will evaluate if the finished work matched the approved public art proposal. ❑ CERTIFICATE OF OCCUPANCY: With final approval by the Art Advisory Board, the final CO can be issued. If the proof of expenditure on public art did not tally expenditures equaling 70% of 1%of the total construction value,the owner will pay the difference as an art fee. Art Advisory Board Agenda Package, July 14 2022 Page 50 EXHIBIT H Art in Public Places Process with No Art (In Lieu of Fee) The checklist is provided for every property owner that chooses to satisfy the Art in Public Places requirements by paying the in lieu of fee and not providing public art onsite. The checklist is a guide. ❑ BUILDING PERMIT REVIEW FOR PUBLIC ART: The Building Department Intake Staff or the Public Art Manager reviews the building permit application for Art in Public Places requirement. If the construction project does not require public art, then the contractor will not receive a notice of Art in Public Places. If the construction project does require public art, the contractor will receive information and the Choice Document for completion from the building department. The contractor should complete and submit the Choice Document with"No public art on the property" ❑ ART FEE WITH BUILDING PERMIT(S): With the permit fees prior to the start of construction, the owner or contractor will pay the 30% of 1% of construction value of each permit as determined by the Building Official. ❑ ART FEE WITH CERTIFICATE OF OCCUPANCY: When the Building Official determines that all conditions are met to issue the Certificate of Occupancy, the owner will pay the in lieu of fee equaling 70% of 1% of the total construction value prior to receiving the CO. Paying for Art on the Property As per the ordinance, the owner must pay the 70% of 1% art fee prior to receiving the CO. The owner has two methods to pay the art fee. ART INSTALLED BEFORE THE CO: If the art is completed before the request for the CO from the Building Official, the owner can submit proof of expenditure on the public art that equals or exceeds the 70% of 1% art fee. (See Art Budget page 13) ART INSTALLED AFTER THE CO: If the artwork is not completed or installed at the time of CO, then the owner must pay the 70% of 1% to the City Building Department and submit a letter to the Art Advisory Board detailing the future process and timeline. The City will refund the owner the art fee when they submit proof of expenditure on the public art that equals or exceeds the 70% of 1% art fee. (See Art Budget page 13). Art Advisory Board Agenda Package, July 14 2022 Page 51 EXHIBIT H Site Plan The owner or owner's representative should meet with the City's Public Art staff to discuss the Art in Public Places program and its relationship to the site plan. The proposed location of the artwork will be evaluated by the Planning &Zoning staff, City Engineer and Public Art Manager during the Development Application or during the amendment to the Application. Site Planning Requirements The ordinance requires that the public art is readily visible day and night and fully accessible 24 hours a day to pedestrians and/or vehicles. Signs,poles, trees,berms,parked vehicles, fences and other objects should not significantly block the view of the artwork. In regards to the site plan,the City of Boynton Beach strongly encourages the following: • Artworks contribute to the urban design of Boynton Beach through the placement 1.) on the property line against the road with the highest amount of traffic, 2.) on the prominent facade or entrance, 3.)in a public pedestrian place used by a large number of visitors, or 4.) a combination of all • The artworks are a prominent and important part of the overall site plan with a real impact on the site and city. Landscape,hardscape, site furnishing and lighting are designed to enhance the public art and make the artworks better appreciated from the public sidewalk or public space. This includes what is in front of and behind the artwork(s). Elements of the Site Plan Submittal The artwork(s) site should be located on an overall site plan. The site plan should include graphic indications of site corridors for the artwork from the street or public spaces. Lighting for the artwork(s) should be indicated. If the artwork is integrated into the building facade or building elements, the relevant building elevations should be included. Special Siting Requirements In the Special siting chapter, the City is working toward priority locations for public art on the Avenue of the Arts/East Ocean Ave and other downtown properties on Federal Highway, Boynton Beach Blvd, Seacrest Blvd. Good siting practices It is recommended that the project designers consider the following: • Artworks backlit by the sun makes photography difficult. • Shade from buildings, trees or even poles can harm the look of the art • Avoid hotspots on lighting on the art • Give the artwork its own space without the clutter of signage, emergency lights, electrical cabinets, etc. • Create a safe location for the photographer(selfie or otherwise). Art Advisory Board Agenda Package, July 14 2022 Page 52 EXHIBIT H Artwork Qualities The City of Boynton Beach has established definitions and qualities of public artworks that are eligible to satisfy the requirements of the Public Art Ordinance. Eligible Media and Forms of Public Art The public art ordinance identifies the following artwork media and forms. "tangible creations by artists exhibiting the highest quality of skill and aesthetic principles and includes all forms of the visual arts conceived in any medium, material, or a combination thereof,including,but not limited to,paintings, sculptures, engravings, carvings, frescos, stained glass, mosaics, mobiles, tapestries, murals,photographs, video projections, digital images,bas-relief,high relief, fountains,kinetics, collages, drawings, monuments erected to commemorate a person or an event, functional furnishings, such as artist-designed seating and pavers,unique or original architectural elements, and artist-designed landforms or landscape elements." Ineligible Objects. The following do NOT satisfy the Art in Public Places program 1. "Reproductions or unlimited copies of original artwork. 2. "Art objects, which are mass-produced. 3. "Works that are decorative, ornamental, or functional elements of the architecture or landscape design, except when commissioned from an artist or designed as an integral aspect of a structure or site." 4. Artworks that too closely resembles a business logo, trademarks or branding imagery and therefore would a sign. The guidelines encourage 1. unique works of art made specifically for the owner's property in Boynton Beach through direct contracts with the artist(s); and 2. artworks fabricated in the United States of America. The guidelines encourage public art that has the following attributes • Appropriate art for the site with careful consideration of placement, landscaping and other surrounding elements; • Artwork expressing one or more of the diverse cultures of Boynton Beach; • Surprising and unexpected art; • An experience to be in, touch or interact with; • A powerful impact on the city through size,prominent location,image, and/or multiple artworks; and • Museum-quality public art that is of high quality, approachable and inspiring. Art Advisory Board Agenda Package, July 14 2022 Page 53 EXHIBIT H Artwork Budget The budget will be presented three times during the public art process. The estimated total artwork budget should be identified during the site plan review process. A detailed budget should be presented with the artwork proposal. A final budget will be submitted with the completion of the work. The selection, design, fabrication and installation have many budgetary elements. Below is a list of allowable expenses that can be charged against the required art budget under the Art in Public Places program. 1. Direct artist costs in the design and/or fabrication of artworks including artist fees,materials, fabricators,insurance, sales taxes and travel. 2. Art consultant or art dealer's fees up to 15% of the artwork fabrication cost' 3. Delivery and installation of the artwork. 4. Construction and design of structures or foundations supporting the artwork 5. Lighting 6. Acknowledgment plaque identifying the artist, artwork,year and sponsor. 3 Special Budget Category: Artist-Designed Elements of Building,Plaza or Landscape In this category, the budget should show an artist design fee and a remaining budget for the implementation of the artist ideas. In general,the Art in Public Places dollars will be used for the additional cost created by implementing the artist's visual design ideas. For example: 1. On plazas, only the decorative brick or terrazzo topping 2. For fountains, only the special fountain elements,not the plumbing, computers or basic pool if not designed by the artist. Maintenance Future costs for the operation, conservation and maintenance of the artwork cannot be reserved from the original budget. 1 The City of Boynton Beach encourages direct contracts with artists as purchases through galleries or art dealers can have a 100%mark-up,thus reducing the amount of art by half. z Consultants or art dealers should not be permitted to take an additional percentage of the artwork cost from the artist 3 A permanent plaque is mandatory Art Advisory Board Agenda Package, July 14 2022 Page 54 EXHIBIT H Professional Artist Qualification The qualifications of the artist(s) are the first priority. These qualifications will undergo significant examination. The qualifications are quoted from the ordinance with additional explanation. • "practitioner in the visual arts, generally recognized by critics and peers as a professional of serious intent and ability. Indications of a person's status as a professional artist include,but are not limited to,income realized through the sole commission of artwork, frequent or consistent art exhibitions." In general, these elements should reveal a consistent practice as a VISUAL artist over the years. The critics need to be recognized art critics from printed or online art publications. Exhibitions should be in quality galleries and museums specializing in the visual arts. • "Placement of artwork in public institutions or museums." Other similar artworks in public art collections of merit, sculpture parks of merit and/or museums of university, state,regional or national respect. • "Receipt of honors and awards." Fellowship or awards from the National Endowment from the Arts,national art agency, state arts agency, major metropolitan area arts council and prominent art foundations. • "Training in the arts." Bachelor and/or Masters of Fine Art or fields of design Other criteria established by these guidelines include the Art Advisory Board determination of- Compatibility £Compatibility with the aesthetic quality and community standards of Boynton Beach; • High quality of the artist's recent public work; and • Comparative quality of the recommended artist in relation to other known talented artists. Recommended Submission 1. Comprehensive resume of the artist addressing the basic qualifications. 2. Reviews or other writings of recent exhibitions or public artworks. 3. Ten color images of at least 5 relevant artworks completed in the last five years Art Advisory Board Agenda Package, July 14 2022 Page 55 EXHIBIT H Artist Selection Process Assistance The owner can utilize whatever process they desire. Several standard methods do exist in the United States that will result in an expanded pool of applicant artists that can satisfy the requirements of the property owner, Art Advisory Board and arts professionals. If requested by the owner, the Public Art staff will manage a selection process that matches the City's processes for artist selection. • Develop a Scope of Work, Budget and Schedule • Issue a Call to Artists • Establish a Committee to review applications and recommend a shortlist of artists to the owner • Establish a Committee to review artwork proposals and make recommendations to the owner. Neither the public art staff nor the Art Advisory Board members will make direct recommendations to the owner regarding a single artist for the project. Public art staff only provides advice and assistance in the process that may include contact lists of artists and encouraging artists to apply. The staff does not vote nor approve artists or artworks. Art Advisory Board Agenda Package, July 14 2022 Page 56 EXHIBIT H Public Artwork Proposal and Criteria The owner should prepare a public art proposal for approval by Art Advisory Board. The proposal should include the following: 1. Detailed drawings or images of the proposed artwork. 2. Description of artwork including overall length,width and height, materials and method of construction. 3. Detailed drawings of the specific public art site showing a. Location of artwork(s) b. Location of lighting for artwork(s) c. Location of plaque for artwork. 4. Full site plan with artwork(s)plus the landscaping,parking,building and view corridors from the public sidewalk and/or public space. 5. If appropriate to the project, colored building elevations with the artwork 6. Statement on maintenance requirements. 7. Summary budget A sample proposal form for the artist is available in the Appendix. Review Criteria As per the Art in Public Places program, the proposal will be evaluated on the following: • Appropriateness of the artwork to the site and site environmental conditions; • Maximum visual accessibility to pedestrian or vehicular traffic; • Quality of the artwork; • Maintenance requirements; and • Whether the artwork too closely resembles a business logo, trademark or branding image and then is rejected as a sign. Additional evaluations established by these guidelines include: • Compatibility with the special art sites; and • Maximizing the public art budget to achieve a maximum amount of quality artwork. Art Advisory Board Agenda Package, July 14 2022 Page 57 EXHIBIT H Final Installation and Approval The owner should contact the Public Art staff upon the installation of the public art on the owner's property and to submit final documentation of artwork,plaque, maintenance plan and expenditures. The documentation should include the completed"ARTWORK INFORMATION FORM" that includes the maintenance requirements, actual color/material samples and three high-definition color digital images. The maintenance requirements should be a statement from the artist explaining the maintenance needs of the artwork and desired weathering. For example, the artist may or may not wish the oxidation of bronze. The Artwork Information Form, samples and digital images will be utilized for code enforcement in the future. In special cases of digitally printed artworks or complex fabrication/installation, the City will ask for copies of the digital files or fabrication/installation documents. The City's copies will serve as a backup resource in case the owner or future owner misplaces these documents necessary to repair. After the on-site review of artwork by representatives of the Art Advisory Board,the Art Advisory Board will evaluate if the finished work matched the approved public art proposal. Art Advisory Board Agenda Package, July 14 2022 Page 58 EXHIBIT H Post-Installation Removal of the Artwork In the event that the owner wishes to remove the artwork in the future for any reason and still be in compliance with the ordinance, they must secure the Art Advisory Board approval for one of the following: I. A new location on the property with good visibility and lighting. 2. Donate the artwork to the city for placement elsewhere and cover all costs of the installation 3. Transfer the artwork to another property in Boynton Beach for public display in a location with comparable or better public visibility. (The new property owner cannot use this artwork to meet the requirement of the Art in Public Places program and must assume permanent responsibility.) 4. Contribute funds to the Public Art Fund equal to the original required amount that has been adjusted as per the Consumer Price Index since installation. 5. Purchase a new replacement artwork equal in value to the original required amount that has been adjusted as per the Consumer Price Index since installation. This new artwork should be approved by the Art Advisory Board Maintenance of the Artwork On an annual basis, the Public Art Program staff will examine the artwork for general condition and comparison with original photographs and material samples. Any failure to maintain the artwork may result in a citation for code compliance violation. Transfer of Property Ownership In the event of the transfer of the property ownership,the artwork will be transferred to the new owner and remain on the property unless approved by the Art Advisory Board under the removal of artwork section above. If the past owner removes the artwork without permission, the current owner will be required to replace the artwork or contribute to the Public Art Fund as per the removal of the artwork above. Continual Damage In the event that the approved artwork is continually damaged by humans or weather, and despite the owner's good efforts, the artwork is always in disrepair, then the owner may ask the Art Advisory Board to approve the removal. In this one case, the owner is not responsible for creating new artwork. The owner should be aware of Visual Artist Rights Act(VARA). Redevelopment of the Property At some time in the future,the property may be redeveloped. If the artwork is integrated with the building or site elements to be demolished and the Art Advisory Board agrees that the artwork cannot be safely removed, then the artwork may be demolished. (See VARA below). If the artwork can be removed without injury to the work of art, then the city recommends the re-use of the artwork on the site. The new development must comply with the ordinance at that time. The older artwork will not satisfy the ordinance requirement for new construction on the site. Visual Artist Rights Act(VARA) The owner should be aware of VARA, a section of the Federal Copyright Legislation. Among other things,this law forbids the willful destruction of a work of visual art. See United States Code Annotated, Title 17. Copyrights, Chapter I —Subject Matter and Scope of Copyright, Current through P.L. 105-153, approved 12-17-97. Art Advisory Board Agenda Package, July 14 2022 Page 59 EXHIBIT H Promotion of Public Art By participating in the Art in Public Place program, the owner is granting the City the right to use images of the owner's public art for public information and promotion of the City and public art. To the extent possible, the City will give credit to the owner and the development. The contract with the artist should grant the image use to the City and owner. Contact Glenn Weiss, Manager Public Art Program weissg@bbfl.us 561-742-6026 boyntonarts.org Art Advisory Board Agenda Package, July 14 2022 Page 60 EXHIBIT H Murals Guidelines Adopted by the Boynton Beach City Commission on February 15, 2022 Mural Guidelines are a special section of the Art in Public Place (A1PP) guidelines with unique requirements related to murals as permitted in the Land Development Regulations of the City of Boynton Beach. Many parts of the Art in Public Places general guidelines such as artistic and community standards are the same for murals as other public artworks. The Mural Guidelines encourage voluntary murals on privately-owned buildings and sites. Some murals are called voluntary as the murals are not created in compliance with the Art in Public Places program. Art in Public Places murals are permanent whereas voluntary murals can be modified or removed at any time. The Mural Guidelines do not apply to single-family or duplex houses in the City of Boynton Beach. Homeowners can install murals without this review and approval process. The City does encourage homeowners to utilize the guidelines when planning, creating and maintaining a mural. Other laws may restrict the content of painting such as signage for a home business or hate speech. Homeowners associations may have restrictions. The Mural Guidelines do not apply to murals on the interior of buildings except for murals on the interior surfaces of exterior windows that are intended to be seen from the exterior. What is a mural? As per Chapter 1, Article II, Definitions of the LDR, a mural is "a work of art that is hand-painted,hand- tiled or digitally printed image or digital display system on the exterior surfaces of a building or site". "Such a mural is not a sign and shall not contain any advertising or other commercial message with the brand name,product name, abbreviations thereof, company or business name or logo,hashtag, trademark or brand imagery." The Art Advisory Board will determine if an image,painting pattern or other elements on the exterior of a building or site is a work of art. If the Art Advisory Board determines that the image,painting pattern or Art Advisory Board Agenda Package, July 14 2022 Page 61 EXHIBIT H other element is not a work of art,then other LDRs may be applied such as sign or building design guidelines by the other City departments. Criteria for Approval As per Chapter 4 Article XIV, "Murals",of the LDR, all exterior murals, except on single-family or duplex houses,will be reviewed and approved by Art Advisory Board before installation. Below are the criteria. Criteria for Artistic Quality The criteria for a mural design shall meet the criteria for artists and artwork as established in the AiPP guidelines "Artwork Qualities" Criteria for a Mural Location A mural can occur on any surface on a building exterior or site including walls, columns,windows,roofs, fences,retaining walls, driveways, sidewalks,utility boxes and plazas as long as the location and material do not conflict with other City codes. Criteria for Mural Materials For the intended life of the mural, the materials shall resist the weathering caused by the sun,wind,rain and other environmental factors and resist damage by cleaning products and methods. The underlying surface shall be prepared such that the mural adheres to the surface for the intended life of the mural. Life of a Mural As part of the evaluation of the materials, the applicant should declare the life span of the mural during which the mural will be maintained in excellent condition. The following are sample life spans based on south Florida coastal environment. • North Facing or Shaded Painted Wall: 20 Years* • East, South and West Painted Wall or Roof. 10 Years* • Painted or Stained Street or Drive: 2 Years • Painted or Stained Pedestrian Sidewalks or Plaza: 3 Years • Concrete Skim Coats and Etching: Permanent • Glazed Colored Ceramic, Glass or Stone Mosaic: Permanent • Printed Mural on Ceramic Tiles and Fired: 20 Years • Printed Mural on Adhesive Vinyl, Aluminum Composite Material or similar: 7 Years* • Digital Displays: Depending on Manufacturer's Warranty • Digital Projections: Depending on Manufacturer's Warranty At the end of the declared lifespan, the property owner and the public art staff will consider the removal, renewal or replacement of the mural. The mural may be in good condition at the end of its lifespan and therefore will remain in place. Nothing about the declared lifespan prohibits the owner from removing or repainting the mural before the end of the lifespan. Note *: These life spans require high-quality exterior paints or ink with additional UV protection. Less quality paints can be used for murals with a shorter life span. Additionally, the life span is significantly influenced by the condition of the underlying wall or surface. Art Advisory Board Agenda Package, July 14 2022 Page 62 EXHIBIT H Evaluation and Approval Any person or business with the signed permission of a property owner may apply to install a mural in the city. By signing the application, the property owner agrees to the application and will abide by the Mural Guidelines Application The applicant will complete the Mural Application with attachments and submit it to the Public Art Manager. The components of the application are as follows: 1. Name and contact of the person applying for the mural 2. Name and contact of the property owner 3. Name, contact,resume and website of the proposed artist 4. Address of the property 5. Name of the business(es)using the property 6. Lifespan of the mural. 7. Mural Type: Painted,tile, mosaic, concrete,vinyl, digital panel,digital projection 8. Mural Location: Walls, columns,windows,roofs,fences,retaining walls, driveways, sidewalks, plazas, etc. 9. Mural Materials: For example: paint manufacturer and product, surface sealer manufacturer,UV protection, anti-graffiti coating,vinyl wrap specifications, etc. 10. Underlying Surface: For example: Stucco on concrete,wood fence, asphalt drive. 11. Attachments a. Image of the overall building and site and image(s) of the proposed location of the mural(s). b. Illustration of proposed image(s). c. If using digital displays and projections, sample images and a policy statement on owner's criteria for future images. Process for Approval of Design and Installation The applicant will submit the application for technical review and recommendation from the Public Art staff. The Public Art staff may request a review by other agencies for traffic safety,public safety, planning and zoning and building departments. The planning and zoning division will review for any conflict with an existing development order. Once the application is complete,the application with the artist's resume and illustrations will be placed on the Art Advisory Board agenda with a staff report by the Public Art Manager. The Board will review the mural for compliance with the established criteria. If not approved, the applicant can modify the design and submit it for review at a future Art Advisory Board meeting. Once the mural is complete, the Public Art staff will photograph the installation and review the installation quality. The photographs,installation report and the original approved design will be placed on the agenda of the Art Advisory Board. If the mural was changed during the installation,the Art Advisory Board can accept the modification or require the mural to be returned to the approved design. Once approved, the applicant will provide material and paint samples for future comparison after weathering. If digitally printed,the applicant will provide the original electronic file for comparison and possible re-printing. Art Advisory Board Agenda Package, July 14 2022 Page 63 EXHIBIT H Inspections From time to time, the City will inspect the murals for good condition and damage. If the Public Art Manager believes the mural does not match the approved design due to alternation, damage or deterioration, the owner will be notified. In most cases, the owner will have three months to repair the mural. If the mural was altered due to building modification or for artist reasons,the owner can apply to the Art Advisory Board to approve the mural as modified. If the mural was damaged in a way that violates general community standards such as obscenity, the offensive words should be removed as soon as possible. If the mural is not repaired or removed after a failed inspection or a failed request to the Art Advisory Board,then the Community Standard Department will start the procedures for a code violation. Removal Several unique circumstances exist related to the removal of a mural. All these circumstances should be mindful of the Visual Art Rights Act(VARA) and other laws related to the destruction of works of art. • If the mural was installed voluntarily by a private property owner on their property without financial support from the City of Boynton Beach,then the mural can be removed at any time. • If the mural was created to comply with the Art in Public Places code for new or remodeled building construction, then the removal will follow the Art in Public Places guidelines regarding required artworks. • If City fiscal support was provided to a mural on private property, then the agreements written in grants or lease will determine the terms for the removal of the mural. • If the mural is owned by the City on City property then the standard Art in Public Places guidelines for deaccession and removal of a work of art would be applied. Existing Murals in Boynton All existing murals in Boynton Beach will have the same inspection and requirements for maintenance in good condition as the new murals. If the mural was formally approved by the Art Advisory Board, then the mural will be compared to the approved design. Artist Walls The Art Advisory Board may designate walls and other publicly visible surfaces as "Artist Walls". The goal of the Artist Walls is to provide places of experimentation for artists in locations where the City wishes to enhance the artistic brand of the area. These surfaces can be modified with murals without the pre-approval of the artist or mural design. At any time, the Art Advisory Board may review new and existing temporary murals and require the owner to remove or modify if the temporary murals do not conform to the mural ordinance or AiPP guidelines. The owner of buildings, walls or other surfaces must submit a request for designation of"Artist Walls". The request will include illustrations of the specific surfaces and methods by which artists will be selected. The Art Advisory Board will review and approve or deny the request for designation. Art Advisory Board Agenda Package, July 14 2022 Page 64 EXHIBIT H Boynton Beach Art District For many years, the City has permitted the 'Boynton Beach Art District" to curate many temporary murals on the buildings at 402 and 422 West Industrial Ave, Boynton Beach, Florida 33426. The walls, doors and fences of the warehouses on both properties are designated as Artist Walls until such time that the properties no longer operate an art district with studio spaces and events. (End of Special Section on Murals) Art Advisory Board Agenda Package, July 14 2022 Page 65 EXHIBIT H Forms Art Advisory Board Agenda Package, July 14 2022 Page 66 EXHIBIT H City of Boynton Beach Art in Public Places Choice Most proposed new developments,redevelopments or remodeling projects that are not an infill single- family house or duplex and have a construction value of at least$250,000 are subject to the Arts in Public Places ordinances codified in Part II, City Code of Ordinances, Chapter 27, Article IL More information is available through the Public Art Manager at 561-742-6026. Proj ect Name Proj ect Address PCN Estimated Total Construction Valuation Contact Person for Public Art Decisions Contact Phone Contact Email Date Form Completed The Art in Public Places program has two parts to the fees. An administrative fee of 0.003 x construction value is paid at issuance of each building permit. A public art purchase fee of 0.007 x total construction value can be contributed to the Public Art Fund or used to purchase art for the owner's property prior to issuance of the CO. Check one* Purchase and maintain public art on the property Contribute as an in lieu of fee to the Public Art Fund The City recommends the owner make the choice before or during the staff review process of the Major or Minor Development Application with the Planning& Zoning Division (aka DART). If the owner plans to purchase public art,then does the Development Application include the location on the site plan and/or architectural elevations? Yes, location shown. No, location decided later. *The owner can decide at any point in the planning, design and construction phases to place public art or make a contribution. Later decision-making to install public art may require modifications to the approved site plan or building permits. The construction values are the valuations approved by the Building Official for all permit fees. Therefore the precise Art in Public Places fee may not be known until the building permits are issued. Art Advisory Board Agenda Package, July 14 2022 Page 67 EXHIBIT H City of Boynton Beach Project Information Construction Project Date Submitted Project Name Project Address PCN: Estimated Schedule & Construction Cost Estimated Total Construction Cost: Submittal to Planning & Zoning Date Issuance of Building Permits Date Issuance of Certificate of Occupancy Date Property Owner Owner's Business Name Property Owner Business Address Owner's Contact Person Phone Number Email Developer (if Different from Property Owner) Developer Business Name Developer Contact Person Phone Email Owner's/Developer's Representative (Planner, Architect, Project Manager) Owner's/Developer's Rep Name Phone Email Art Advisory Board Agenda Package, July 14 2022 Page 68 EXHIBIT H City of Boynton Beach Proposed Artist Cover Sheet Proj ect Name: Property Owner's Name: Property Address: Submission Date: Proposed Artist Name: Studio Address: Website: Email: Phone In order to approve the artist, the Art Advisory Board needs all the following information. 1. Statement about why the artist is an excellent choice for the construction pro]ect and Boynton Beach 2. Resume of the artist including information such as • Gallery exhibitions • Museum exhibitions • Public artworks in public spaces of cities, developments or sculpture parks • Awards • Articles or publication about the artist's work(not the artist) • Education in the arts 3. Digital Images 10 images of at least 5 different artworks made in the last five years. Art Advisory Board Agenda Package, July 14 2022 Page 69 EXHIBIT H City of Boynton Beach Artwork Proposal Cover Sheet Proj ect Name: Property Owner's Name: Property Address: Artist Name: Proposal Date: In order to approve the final artwork proposal,the Art Advisory Board needs all the following information. 1. Detailed Drawings or Photographs of Artwork(s) 2. General Description of Artwork(s) (Include important dimensions, materials, colors,fabrication method, etc.) 4. Illustration or Rendering of Building or Landscape with the Artwork and a) Lighting b) Landscape or hardscape c) Location of plaque for artwork. 5. General Site Plan with artwork(s) location showing a) Landscaping; b) Parking; c) Building; and d) View Corridors from the Public Sidewalk and/or Public Space. 6. Statement on Maintenance Requirements 7. Budget a) Design fees to Artist(if applicable) b) Artwork Purchase (cost and sales tax) c) Delivery and installation d) Plaque identifying the artist, artwork,year and sponsor. e) If utilized, art consultant or art dealer's fees (Maximum 15% of Fabrication Cost) f) Engineering and construction of foundation, lighting, etc. Art Advisory Board Agenda Package, July 14 2022 Page 70 EXHIBIT H City of Boynton Beach Final Artwork Information Completed by Owner Building Name Building Permit Number Street Address Owner's Name Owner's Representative/Contact Mailing Address Phone Email Completed by Artist Artist Contact Information Artist Name Business Name (if Different) Address #1 Address #2 City State Zip Code Business Phone Business FAX E-Mail#1 E-Mail#2 Website Artist Resume Information Artist Name for Publication(if Different) Date of Birth Place of Birth Biographical Paragraph Art Advisory Board Agenda Package, July 14 2022 Page 71 EXHIBIT H Total Work of Art Title of Artwork(Entire Work) Year of Completion General Description of Artwork Site Attributes of Artwork(If Any) Description of Operational Parameters If An Artist Statement regarding the Artwork Statement Artwork Components or Individual Works Title or Five Word Identifier Materials Height Width Length Frame or Base Description Title or Five Word Identifier Materials Height Width Length Frame or Base Description (Repeat as necessary) Electronic Components of Artwork(If An Name of Item Manufacturer Name, City, State, Phone Supplier Name, City, State,Phone (Repeat as necessary) Art Advisory Board Agenda Package, July 14 2022 Page 72 EXHIBIT H Fabrication Listing of Materials Description of Finishes PMS Color Numbers for Industrial Finishes Fabricator 91 Name, City, State, Phone Fabricator 91 Name, City, State, Phone Fabrication Method(Attach Dwgs) Installation Installer Name, City, State,Phone Installation Method(Attach Dwgs) Date of Installation External Factors Description of Physical Position on Site Description of Environmental Factors. Example: Tree Trimming Description of Site Specific Elements Maintenance Short Term Needs with Future Dates Long Term Needs with Future Dates Note on Appearance of Artwork Schedule of Replaceable Parts (light bulbs, etc) Digital Copies for Future Repair(list& attach Sound Art Description Graphics Descriptions Art Advisory Board Agenda Package, July 14 2022 Page 73