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Agenda 02-09-23 City of Boynton Beach Art Advisory Board Agenda Thursday, February 9, 2023, 6:30 pm IN PERSON MEETING Boynton Beach City Commission Chambers 100 East Ocean Ave, Boynton Beach, FL 33435 Listen Only Via Zoom https:Hus06web.zoom.us/j/88640122537 Meeting ID: 886 4012 2537 One tap mobile 1-929-205-6099 Art Advisory Board Members 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 Kathryn Matos, Assistant City Manager Glenn Weiss, Public Art Manager Veronica Inberg, Public Art Coordinator Catherine Cherry-Guberm an, 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: January 12, 2023 meeting minutes are approved as written or amended. (Ex. A) III. Informational Items from the Board Boynton Beach Art Advisory Board Agenda, February 9, 2023 Page 1 Agenda Package for Art Advisory Board Feb 9, 2023 Page 1 IV. Public Comments V. Announcements/Reports/Presentations A. Program and Advisory Board Update by Kathryn Matos, Asst. City Manager B. Exhibitions a. Kinetic Biennial. b. Palm Beach County Teachers Exhibition and Arts & Cultural Center Adult Painting Student Exhibition in February-March. Opening 5-7 Friday February 10 c. Spinning Sailfish opening (March 30, 31 or Apr 1) d. Art and Autism opening on April 12 e. Gallery Schedule C. Grants / Fundraising a. Submitted Letter of Interest to Mellon Foundation (Ex. B) D. Upcoming Opportunities a. TBD E. AiPP and Private Development. (Ex C) a. Grant Opening of Neurobehavioral Hospital (Feb 23, 5-7 PM) RSVP at tts://nositals.com/rsvl Mural by Kolo Collaborative. b. Dedication of Big Bench at Eden Development of Oakwood Square, Monday, March 6 at TBD. Sculpture by Andrew Kovacs c. Development Page Update: Art Locations for Pierce, Ocean One and Shalimar d. Development ordinance with Art in Public Places language VI. Action Items None VII. Old Business 2023 Projects (Ex D) Annual Report (No Update) Ordinance Dialogue (No Update) VIII. New Business Maintenance of PNC Green Wall IX. Future Agenda Items X. Adjournment Attached Items Exhibit A: January 12, 2023 Regular Meeting Minutes Exhibit B: Melon Foundation Letter of Interest Exhibit C: Private Development Exhibit D: 2023 Projects Boynton Beach Art Advisory Board Agenda, February 9, 2023 Page 2 Agenda Package for Art Advisory Board Feb 9, 2023 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, February 9, 2023 Page 3 Agenda Package for Art Advisory Board Feb 9, 2023 Page 3 EXHIBIT Minutes of the Art Advisory Board Meeting Held on Thursday, January 12, 2023, at 6:30 P.M. In City Hall Commission Chambers 100 E. Ocean Avenue, Boynton Beach, Florida PRESENT: Clovis Moodie, Vice Chair Glenn Weiss, Public Art Manager Courtlandt McQuire Veronica Inberg, Public Art Coordinator Dr. Phyllis Pacilli Gregory Hartmann, Alt Ace Tilton Ratcliff Cynthia Alexis ABSENT: Sam Velazquez Dr. Ellen Jones, Alt I. Call to Order Vice Chair Moodie sat as Chair and called the meeting to order at 6:31 P.M. a. Roll Call A quorum was present b. Excused Absence Requests - None c. Appointment of alternate(s)for absent member(s) Vice Chair Moodie appointed Mr. Hartmann to sit as a regular member, in the place of Sam Velazquez. d. Agenda Approval or Amendments Motion Dr. Pacilli moved to approve the agenda. Mx. Ratcliff seconded the motion. The motion passed unanimously. II. Approval of Minutes Motion: December 8, 2022 meeting minutes are approved as written or amended. (Ex. A) Agenda Package for Art Advisory Board Feb 9, 2023 Page 4 EXHIBIT Meeting Minutes Art Advisory Board Boynton Beach, Florida January 12, 2023 Motion Dr. Pacilli moved to accept the minutes as presented. Mr. Hartmann seconded the motion. The motion passed unanimously. III. Informational Items from the Board Mr. McQuire commented that 21 years ago he hired a concrete artist. He noted that the artists is working in Oakwood Square and was commissioned by artist Andrew Kovak for the project. He said that it had been 20 years since they performed work for him and the artist was excited about the artwork. Dr. Pacilli stated that she also met the artist and liked him. She advised that she visited the mural at the Pawn Shop, and it looks great, and people love it. Vice Chair Moodie commented that she drives by it each day, and she took her grandson to see it as well. Mr. Hartmann stated that he worked with Mr. Weiss and Ms. Inberg editing the Kinetic Video that he created, to get WXEL a final version of the kinetic ad. He said that WXEL approved the announcement. (Ms. Alexis arrived at 6:36 P.M.) Mr. Weiss noted that there may be a short blurb about the mural in the Sun Sentinel tomorrow. IV. Public Comments Ernest Mignoli, 710 NE 7t" Street, Unit 407, gave his contact information and stated that the public is able to listen to the meetings and he likes for people to call him because people are afraid to come to the meetings. He said that taxpayers are talking about how much is being spent on artwork when people are starving. He commented that there are no responses to his public record requests, and when the public attends City Commission meetings, the Commission does not listen, there are strict rules to follow, and there is discrimination and reverse discrimination against certain types of work. He asked for 10 minutes to expose what this committee is doing. V. Announcements/Reports/Presentations A. Exhibitions a. Affordable Art Exhibition Sales Mr. Weiss commented that the Affordable Art Exhibit was held and they sold eight artworks for about $800, which was less than last year, in which 12 artworks were sold. 2 Agenda Package for Art Advisory Board Feb 9, 2023 Page 5 EXHIBIT Meeting Minutes Art Advisory Board Boynton Beach, Florida January 12, 2023 b. Palm Beach County Teachers Exhibition in February Mr. Weiss announced that this Exhibit opens on February 10th B. Grants / Fundraising a. Announcement of NEA Grant at January 17, 2023, City Commission Mtg. Mr. Weiss stated that in addition to receiving the $20K NEA Grant, they also were awarded the SouthArts Grant for$15K. He noted that the Florida Secretary of State transmitted the Cultural Arts application to the Legislature, and they recommended awarding $25K to the City. He said that he will learn in April if the Governor signs off on the Grant. He inquired how many members wanted to attend the January 17th City Commission Meeting, to announce the grants and make a presentation, and learned that several members planned to attend. b. Application to Mellon Foundation & Community Foundation Mr. Weiss stated that he will apply for grant funds from the Mellon Foundation. He reported that they did not meet the deadline applying for the grant with the Community Foundation grant. Vice Chair Moodie inquired if the grant funds awarded would take the place of other art funds. Mr. Weiss responded that the funds would be in addition to regular funds, but the City Commission will have to adjust the budget. He noted that the City will have to spend the SouthArt Grant funds this year, so the City Commission will need to increase or adjust the budget anyway. Vice Chair Moodie congratulated staff for their hard work and stated that she has served on the Board for a few years and this is the first year that they received grant funding. C. Upcoming Opportunities a. Volunteers for Kinetic Mr. Weiss commented that the Board was at a deficit regarding volunteers for the event, and they have 16 and 17-year old volunteers for the Cultural Center. He advised that he had contacted prior volunteers and was not very successful in recruiting them. He requested that if the members knew of anyone who may be interested in volunteering, to let him know. D. AiPP and Private Development. 3 Agenda Package for Art Advisory Board Feb 9, 2023 Page 6 EXHIBIT Meeting Minutes Art Advisory Board Boynton Beach, Florida January 12, 2023 Mr. Weiss advised that there were no changes to the December Update. He noted that there is dialogue occurring about the Pearce Development that they hope could be resolved. He said at a minimum, they need to spend $150K for a sculpture on the corner, but the developer wants a mural that uses expensive technology facing the railroad tracks. He stated that he was advocating for a nice sized sculpture for the corner to balance with the sculpture across the street. VI. Action Items Approval of Completed Mural on Gator State Storage by Greg Mankis Motion: The completed mural is approved at Gator State Storage at 860 W Industrial Ave. (Exhibit B) Mr. Weiss stated that the mural was completed by Greg Mankis and this request is to approve the mural as painted. He stated that Adam Webster, the owner of the State Storage building was present via telephone. Motion Mr. Hartman moved to approve the mural. Dr. Pacilli seconded the motion. The motion passed unanimously. Request for a $5,000 Grant for the Mural at Gator State Storage by Greg Mankis Motion: The Art Advisory Board recommends a $ .grant to State Storage to support the mural by Greg Mankis at Gator State Storage at 860 W Industrial Ave. 860 W Industrial Ave. (Exhibit C) Mr. Weiss stated that the City has the program to fund up to $5K for a mural if the owner will commit to maintain the piece for 10 years. Mr. Webster stated that they initially had a prominent international artist to do the work, but there were Visa issues and they went with Greg Mankis. Mr. Webster explained that they hope to have the mural for 20 or 30 years. He noted that they use Sherwin Williams paint and have a local contractor to illuminate the building. Motion Dr. Pacilli moved to the approve the request for a grant. Mx. Ratcliff seconded the motion. The motion passed unanimously. Approval of Artists and Design Proposals for Sailfish Spinners Motion: The following artists and their proposals are approved for the Sailfish Spinners project. (Exhibit D) 4 Agenda Package for Art Advisory Board Feb 9, 2023 Page 7 EXHIBIT Meeting Minutes Art Advisory Board Boynton Beach, Florida January 12, 2023 Mr. Weiss advised that the Board requested that he proceed with the sailfish spinner project. He explained that the sailfish are 78 inches long and produced by King Sailfish in Ft. Lauderdale. He explained that he recommended artists to paint the sailfish to the Board, which the members would review, and that the spinners will use the existing poles. Michelle Drummond, Delray Beach, 187 SW 22nd Circle, a Contemporary Fiber Artist, reviewed her methodology for the sailfish art and stated that she would make any repairs, if needed. Mr. Weiss clarified that the spinners will not be up for the Kinetic Event, but will be installed in March. He pointed out that Ms. Drummond is also displaying her other work indoors at the Kinetic e=Event. After review, the Board endorsed the following artists to paint the sailfish: Michelle Drummond, Delray Beach Tom D'Auria, Lake Worth Andrea Canham, Lake Worth Joseph Etheard, Jupiter Joseph Velasquez, FAU Turgo Bastien, Royal Palm. Motion Mx. Ratcliff moved to recommend the artists in Exhibit D listed above, for approval of the Sailfish Spinner Project. Dr. Pacilli seconded the motion. The motion passed unanimously. Review of Art Advisory Board and Public Art Report to City Commission Motion: The annual Art Advisory Board and Public Art Report is approved as amended for presentation to the City Commission. (Exhibit E) Mr. Weiss reviewed the above. He stated that he does not know when it will come forward to the City Commission, but the Assistant City Manager wanted to ensure that the Board agreed with the report to be made to the City Commission. He asked for input. Dr. Pacilli stated that pictures of the murals would be helpful. Mr. McQuire explained that it should be mentioned that the funds for art are not paid with taxpayer dollars. 5 Agenda Package for Art Advisory Board Feb 9, 2023 Page 8 EXHIBIT Meeting Minutes Art Advisory Board Boynton Beach, Florida January 12, 2023 Vice Chair Moodie stated that positive press should be included, and said that the Kinetic Event is the only event of its kind in the world and how wonderful the art is. She stated that art helps bring added value to the City. Dr. Pacilli said that she agreed and pointed out that when art is mentioned in travel magazines, it attracts people, and the report should emphasize positive feedback first. Motion Mr. McQuire moved to approve the above motion, with the few recommendations the Board made to Staff for presentation to the City Commission, in Exhibit E. Mr. Hartmann seconded the motion . The motion passed unanimously.. VII. Old Business Kinetic Update (Exhibit F) Dr. Pacilli asked if the members can get parking passes. Mr. Weiss responded that they are reserving the parking area behind the children's play area on Seacrest, but he will work on it. Vice Chair Moodie inquired if the Advisory Board Members would have pins or name tags identifying them as Advisory Board Members, as they had in the past, and learned they would. Mr. Weiss explained that they confirmed the music and food trucks for the event. He said that as for the VIP night, they reviewed this with the City, and the City does not purchase or sell alcohol. He advised that the Greater Boynton Beach Foundation will handle that component. He mentioned that if there are profits, it would go towards having the pumphouse painted at the Boynton Inlet. He reported that the artist started working with students from Galaxy Elementary School on the kinetic bicycle wheels. He explained that Prime Time funded this project and will continue funding STEAM and STEM projects in the future, which are kinetic. He gave an update on the amphitheater backdrop from Lawrence Gartel, which was installed. He said that the fence wrap installation by Chris Eliades will be completed tomorrow. He reviewed that the poster for the Kinetic Event has been printed now that the contract with the band was signed, which also lists the event's sponsors. He advised that the poster is up on digital signs, but not on billboards. There was a brief discussion about the Kinetic Event invitations. Vice Chair Moodie queried how the Board was notifying the parents of the Galaxy Elementary School students about the activity and the event, so they will attend. 6 Agenda Package for Art Advisory Board Feb 9, 2023 Page 9 EXHIBIT Meeting Minutes Art Advisory Board Boynton Beach, Florida January 12, 2023 Mr. Weiss responded that he will check with the school or send a notice home with the students. VIII. New Business Ordinance Dialogue Mr. Weiss advised that since the holiday, the idea of capping the Public Art Ordinance has emerged from the City Commission, due to the big buildings planned for the Town Square, as the cost of constructing those buildings can be $300M. He mentioned that this will likely be on the next City Commission Agenda. He stated that he was not part of that dialogue, but mentioned that he did want to make some changes to the Ordinance, which he reviewed. He said that the threshold for artwork would be capped at $1 M. Mr. McQuire mentioned that he had heard that the Chamber of Commerce was strongly opposed to the Public Art Fee and that he has an email from a former Commissioner that said he does not care about the Art Advisory Board or art. He said that he felt the direction this was moving in warranted concern and questioned why they should change the threshold. Mr. Weiss stated that he could withdraw his comment that the City cap the public art fee at $1 M Vice Chair Moodie stated that she has owned her home since 1980 and she is so proud of the way art has improved the City. She said that there is a need for art in Boynton and a need for businesses to support art, as art attracts residents, business and tourists, and that they should do whatever they can do to maintain art and the Art Board. Mr. Weiss commented that he would keep the Board apprised. IX. Future Agenda Items - None Vice Chair Moodie commented that she was concerned with the PNC Building, because the Bank was no longer there, and maintenance of the green art wall art feature was needed. Mr. Weiss suggested that overall maintenance be a future agenda item. The members agreed. Mr. McQuire suggested adding a discussion of upcoming exhibits, after the kinetic event was held. Mx. Ratcliff commented that the Boynton Cultural Center on February 4th is having their Annual Highwaymen Art Show and Sale. 7 Agenda Package for Art Advisory Board Feb 9, 2023 Page 10 EXHIBIT Meeting Minutes Art Advisory Board Boynton Beach, Florida January 12, 2023 X. Adjournment Motion There being no further business before the Board, Mr. McQuire moved to adjourn. Dr. Pacilli seconded the motion. The motion passed unanimously. The meeting was adjourned at 7:56 P.M. i Catherine Cherry Minutes Specialist 8 Agenda Package for Art Advisory Board Feb 9, 2023 Page 11 EXHIBIT B The Mellon Foundation Monuments Project Concept Narrative Narrative Overview Provide a concz`se descrPta`on ofyourplans, inluding rationale, keygoals, a(fir`lies, expected outaowes, duration, need for external fundin� and, if appliaable,partner orbanilalions and/or other funding sources. 9,500-2,000)),orris (approviwately 90,000-92,500 charaater.i) The Unity Project is an innovative art collaboration with the community; the city's local government; and artists to highlight and bring awareness to the 100 years since the passage of ordinance 37 mandating residential segregation in the City of Boynton Beach.Through the creative arts and community dialogue, the Unity Project engages the Black residents of the Heart of Boynton district in their overlooked history to enhance the bonding that comes with communal knowledge and to celebrate the district with the entire City. This project will be broadly facilitated through physical enhancements of public art, murals and historic markers that recalled important people,places and events since the 1924 passage of residential segregation. Many expressions of American stories though depicting the complex history of racial disparities across the United States have not explored the legal establishment of segregation in neighborhoods in a similar fashion.This initiative places the community of Boynton Beach in a position to educate the nation about our shared collective past which will pave a more equitable future.The Public Art Department in partnership with the Heart of Boynton Association requests funding from the Mellon foundation in the amount of$110,000 to commemorate and accurately represent this facet of history of the City of Boynton Beach. Boynton Beach is a minority-majority city with a population of approximately 80,000 and more than 31% of the residents of African-American or Caribbean heritage. Black residents have resided in Boynton Beach since at least 1892,when the first church, St. Paul's African Methodist Episcopal (AME) Church was founded.In the 1920s and 1930s,Boynton adopted segregation and sundown laws and in 1924, City Ordinance 37 instituted segregation which forced many black residents and businesses to retreat into one neighborhood. "The Negro District,"grew larger and more black residents moved westward to a neighborhood now known as the Heart of Boynton (HOB). Today,Heart of Boynton remains a racially segregated area and isn't often visited by people living outside of the district boundaries. The multiple public-facing events will be located at historical sites impacted by the passage of Ordinance 37: the vacant lot where St. Paul AME church once stood and within the 12- block Black district of 1924,where its members were forced to relocate.As a hands-on and participatory event,The Unity Project will engage the community in places already frequented and accessed by the community. The events and activities will take place during times when the community can attend and participate more easily.Activities will be geared towards all ages and abilities and dialogues will be presented by community leaders and advocates with translation and sign language interpreters available during the dialogues. The community served by this project will be the many Black Boynton Beach residents who remain in or near the 1924 segregated Black district known as the Heart of Boynton. 91% of Heart of Boynton residents are Black or African American.The Heart of Boynton Agenda Package for Art Advisory Board Feb 9,2023 Page 12 EXHIBIT B The Mellon Foundation Monuments Project Concept Narrative district is a 380-acre neighborhood developed predominantly with single-family homes. The neighborhood has several parks, two public schools and numerous churches but remains significantly impacted by the effects of segregation and community disinvestment over the last 50 years.According to a U.S Census Bureau survey, the poverty rate in Boynton Beach is 14%but nearly doubles to 26%in the Heart of Boynton Area.The median household income in the Heart of Boynton is the lowest in the city, and a Racial and Social Equity Community Needs Assessment developed in collaboration with Florida International University revealed staggering discrepancies in the areas of Homeownership, Education,Wealth,Employment, Crime and Safety. The Unity Project takes its origins from Weiss's 2003 Delray Beach Cultural Loop Project with lead artist Rick Lowe. The Cultural Loop linked the traditional Black and White districts and the new Haitian district through an art event with installations by 8 south Florida artists and tours of churches, non-profit art organizations and historic structures. Weiss has been a socially engaged public art curator and manager since 1984 as the co-director of the Storefront for Art&Architecture. More recently,he produced 32 art events as the Public Art Director for the Times Square Alliance(2008-2011) and the three-day Kinetic Biennial on Feb 27-29,2023 in Boynton Beach with 6000 people visiting the outdoor installation, art galleries,video rooms, artist talks and performances in the new amphitheater. Weiss also led for four years the community council of Seattle's most diverse neighborhood of 16,000. Victor Norfus of the Heart of Boynton Association will provide the historical context for the community and artists. Norfus completed"Foundations of Faith;Early African Americans in Boynton Beach,Florida"in 2010.The self-published 84-page book provides detailed histories of families, churches, schools, and businesses combined with the social and economic realities of Heart of Boynton. In 2023,he was a key organizer of the MLK, Jr. Day celebration with all-day performances, talks and presentations by 30 community organizations. The direction of the Unity Project will be coordinated by Glenn Weiss,Boynton Beach Public Art Manager,Victor Norfus, author of Boynton Beach Black history and Heart of Boynton Association board member and the future lead artist(s).Lead artist(s) will be selected to engage the community and nurture the expressions and thoughts of Boynton residents. The artist(s) will meet the community several times for research and creative phases. The Unity project will be implemented according to the following schedule: 1 st Quarter Agenda Package for Art Advisory Board Feb 9,2023 Page 13 EXHIBIT B The Mellon Foundation Monuments Project Concept Narrative • Heart of Boynton Association and the City of Boynton Beach confirms the schedule,budget, steering committee,projects and artist selection methods. Projects under consideration include: o A public artwork to mark the original location of St. Paul AME Church before it was carried by residents into 1924"Negro District." o Murals of important people in the community o An artistic fence for the forgotten Barton Cemetery o An entry feature/park at the east end of MLK Jr Blvd across the railroad tracks. o Embeds in the new sidewalks on MLK Jr Blvd of poetry or other art forms o The conversion of the Meeks House into a Black History center 2nd Quarter • Select lead artist(s) and artists for murals,performances and presentations to introduce the community to public art's function in community dialogues and physical improvements. • Lead artist(s) and community-based artists meet with community to discuss ideas. • Implement one community-based artists project. • Hold social gathering to introduce the project to the community. • City agrees to use of its property for future"monuments" Third Quarter • Lead artist(s) present their proposals to the community for the February 2024 Unity Project Festival. The Project will include an event/performance category to tell the story of the forced relocation of churches,homes and businesses in 1924 Fourth Quarter • Confirm final methods of participation by community non-profits,neighborhood associations,local businesses, sororities/fraternities and churches. • Implement one community-based artists project. • Hold social gathering to update the community. • Write and design marketing information and public education. • Coordinate the plan with City departments including public officials,marketing, events,police, fire and public works. • Prepare ordinance to rescind Ordinance 37 2024 First Quarter January and February full scale event management through the Feb 24, 2024 Unity Project Festival • Final social gathering to update and coordinate activities. • Printing and distributing posters, brochures and event signage. • All public artwork installations Agenda Package for Art Advisory Board Feb 9,2023 Page 14 EXHIBIT B The Mellon Foundation Monuments Project Concept Narrative • Coordination for all performances and actions on Feb 24, 2024 • City Commission rescinds Ordinance 37 on Feb 20,2024 • Heart of Boynton Unity Project Festival held on Feb. 24,2024 Second Quarter • Heart of Boynton and Steering Committee creates presentation of Unity Project and future projects such as the telling of history through a museum, permanent "monuments" and other priorities. The Unity project aligns with the Monuments Project goals in the following ways: The project facilitates broader expressions of the city's multi-layered and complex history and will bring the pieces together into one unified story;in the short term, the Unity Project will aim to build connections throughout various communities and increase the social capital of Boynton Beach. One tangible goal is to have the City Commission officially rescind the 1924 Ordinance 37,making racially segregated neighborhoods officially illegal in Boynton Beach.The significance of this motion will inspire the community towards action to remediate and bridge the inequity gap in the long term. It will contextualize the under-construction 124 low-income apartments and future street and sidewalk reconstruction on MLK Boulevard in the Heart of Boynton and advocate for more resources in the neighborhood without the dramatic consequences of displacement. This collaboration will need the multi-vocal participation of local historians, community members, artists, churches, and organizations to be a success.Lastly,The Unity Project will engage residents in new experiences and instill a sense of pride in a resilient community still impacted by the effects of racial segregation, displacement, and economic inequity.The arts play a vital role in fostering social connection and inclusion and cities with great access to the arts experience reduced poverty,lower morbidity, and a greater sense of wellbeing.The unity project will have the impact of increasing cohesion across the diverse community of Boynton Beach and create a sense of belonging for our residents. The City has been awarded two grants related to the Unity Projects and has been recommended for funding from the Florida Cultural Council. SouthArts took the lead on the Unity Project by awarding a$15,000 Cross-Sector Impact grant and NEA funded Boynton as a Local Arts Agency in part to support organizations like HOB and local artists through commissions.The City's FY23 budget includes the funding to match SouthArts through October 1,2023 and the FY24 budget will include the additional funding for the Project. The 2023 Kinetic Biennial verified our ability to raise funds through private-sector sponsorship.The City can accept funding directly and has a successful track record in managing grant-funded projects. The attached Budget provides a breakdown of the Project expenses and includes funding already confirmed for the Project. Funding from the Mellon foundation will significantly impact our ability to successfully create this commemorative landscape and deepen the collective understanding of all who come to the City of Boynton Beach. Agenda Package for Art Advisory Board Feb 9,2023 Page 15 FY23 PRIVATE DEVELOPMENT Future Public Art, Feb 9, 2023 EXHIBIT C u. h 0 P: _ y Blvd „ t Gtv ' Neurobehavioral Hospital E 13th Ave Family Medical N. B' Q111 A Itr oynton Office Oakwood Square n d Villages & Hyperion Apt Sub-Culture �_ g yp p z n B ChBd The Pierce Apts Shalimar Apts. � Broadstone Apts 0 esti e ar: C v2br iht Pw r n B E 1tkti Riverwalk LL 2y 13 Bethesda Hosp. WXEL/PBS Pawn Shop ptun r r I Artwork Approved Artist Selection in Process Future Public Art Possible Murals Art in PAgppf1kjPs,aj�h9�fg Agr�//^��pR yr BNrd Feb 9, 2023 Page 16 FY23 PRIVATE DEVELOPMENT Future Public Art, Feb 9, 2023 EXHIBIT C Art Completed, Needs Final Site Approval Protects in Discussion with Staff Neurobehavioral Hospital of the Palm Beaches 4905 Park Ridge Blvd at Beta Dr Shalimar Apartments Mural Completed, Art Approved 3520 W. Boynton Blvd & Knuth Rd Artist: Kolo Collaborative. Developers wants sculpture in retail plaza Dedication on February 23, 2023 The Villages Apartments Art Design Approved 405 E Ocean at 3rd Street Seeking sculpture on Ocean at railroad and other Riverwalk sites E. Woolbright Road and Intracoastal Light sculptures and parking garage grill. Hyperion Apartments Art sites, artist & artworks approved. Ocean Ave and Federal, NE corner Artist Mark Fuller. Bldg Permit: Submitted Seeking sculpture at Ocean & Federal Oakwood Square Family Medical Office 320 N. Congress Ave, north of W. Boynton Blvd 1101 N Congress Ave at Boynton Beach Mall Seating Design. Full Art Board Approval Owner would like green wall. Artist: Andrew Kovacs, OK Office, Los Angeles Artwork 95% complete Baptist Health, Bethesda Hospital East Dedication on March 6, 2023 2815 S Seacrest Blvd & 26th Ave SW Staff discussion without action. Delray Palm (Voluntary w/$5,000 Support) 3377 S Federal Hwy Tropical Island Restaurant Mural Design: Full Art Board Approval 126 W Boynton Beach Blvd Artist: Kristin Pavlick, Mural in Process Considering a Mural Art Location Approved Sub-Culture Restaurant WXEL/PBS Cultural Arts Center 21.1. East: Ocean Ave (Historic Magneson House) 3401 South Congress Avenue Murals on Shipping Containers Sculpture in Entry Garden on Congress Miraflor Apartments Major Potential Future Projects 3491 N. Seacrest Blvd at Mentone Rd. (PROJECT TERMINATED) Town Square Apartments Apartments at Boynton Beach & Seacrest Boynton Beach Office Condo Development Agreement to Commission. 1102 N. Federal Hwy & M L King Blvd. Mural on ML King Donation to Public Art Fund Broadstone Apartments Publix Distribution Center 212 S Federal Hwy & SE 2nd Ave 5500 Park Ridge Blvd Two sculptures on Federal Hwy The Pierce Apartments 115 N. Federal Hwy & Ocean Ave, NW corner Seeking sculpture at Ocean & Federal and Mu- ral facing railroad on garage Art in PAgppf.1kcPsal�h9�f6%Agr�R,r#�BNrd Feb 9, 2023 Page 17 FY23 PRIVATE DEVELOPMENT Future Public Art, Feb 9, 2023 EXHIBIT C � d`n a +� i V� 4 1��}Y Delray Pawn,S.Federal Hwy x Oakwood Square,Congress Ave +tiit � t - + r. f NB Hospital, Park Ridge Drive Riverwalk,Woolbright&Intracoastal Art in PAgppf.1kLPsaj�h9�f6%Agr�R,r#�BNrd Feb 9, 2023 Page 18 Private Development Attachment Exhibit C Neurobehavioral Hospital Grand Opening w F � z n_ \{l N1S Fill -- Agenda Package for Art Advisory Board Feb 9, 2023 Page 19 Private Development Attachment Exhibit C b Oakwood Square Big at Bench Dedication s 1 )\ i,tt }X} `} 2 i} Location with Landscaping £� » m I S s1 S =l 4 `n 5 j Big Bench (Feb 3,2023) (£�5;� — f f ! } i i a i t r„ t,v�5 F. Agenda Package for Art Advisory Board Feb 9, 2023 Page 20 New Work(Dec 2022) Coachella 2020 Private Development Attachment Exhibit C Shalimar Apartment Development e Y b)::::11'1 — it Vi Ait�..l., Looking East on Boynton Beach Blvd toward Knuth Road A IN is Y pp j III' G 11 1' x 9 �t Shalimar Site Agenda Package for Art Advisory Board Feb 9, 2023 Page 21 Private Development Attachment Exhibit C Shalimar Apartment Development \ . PU _6 won man s } ,} I Retail and Clubhouse Entrance -A � rl� A.—J, vrn 1 u N wr � WAi �r " I ' 9 JU Q " s r tit ART ART s ; +EIMlNNIN___r� +1� S AAM�lleN�MII. + �+ . ��' E •� I Ilk , v Art Location(s)and View moving to East on Boynton Beach Blvd Agenda Package for Art Advisory Board Feb 9, 2023 Page 22 Private Development Attachment Exhibit C Ocean One Apartments Federal Highway �- lA p^ 'uS - � �AAitd t tilt 7m �. y�i� '� ^-.•—.� � m �.t., �. � 'i "m' °�U�,F'^ r1r1i {Ir�i\ r11isr ��atli r� ,��,,� ' v� �� j'l ��+'"i 8.. �. 4°6,R7 .—T t7v t . } t� � ILL, } t t { v AM {�� ( t ;� BHi _�"' C r t{ ( � _ lr� It It Y Y �,. '`-FP..... ;rr ci �� tt i tt 0 i j a f t v v w 1t{4 a �� '�i � � _a, •� �I� ��l} rlsz t � r � !� � ie for 5:7 PARKING 1,Te IT ° ,n ; k SLI, COMMERCIAL SP RI A�N t { rt v tr Sculpture Locations Agenda Package for Art Advisory Board Feb 9, 2023 Page 23 Private Development Attachment Exhibit C Ocean One Apartments _ 76-OR .� 3&t } LEVEL 6�RESIDENTIAL C � ®- E - 1 EMY 6 " ,r Private Development Attachment Exhibit C The Pierce f b1� s } 5�1lZ,t17 �J•. J���h,f1� £r}1! � S 1��"'��1`1 i�f���s�lll�t�l��i�1��,` A� u Ill �i d l 6s lilt 11 "r HIM IF a }� t w 11 i uk } Garage Mural rt�ii i St 11) } � e � ,� „ p r IF SIP t a P 4 L r f Sculpture Location Agenda Package for Art Advisory Board Feb 9, 2023 Page 25 THE PIERCE EXHIBIT C The Pierce City of Boynton Beach "Art in Public Places" Project Description • Mixed use multifamily rental building with 300 units+ retail/restaurants/office/parking garage Project Location: 101 S Federal Highway, Boynton Beach, FL Art Piece#1—Sculpture Design Inspiration • Celebrate Boynton's connection to the natural environment of the Atlantic Ocean • Coral Reef, Fish, Sea Mammals, Coral, Shell Fish, Sand, Waves, Fishing, Fishing Boats, Diving, Surfing • Educational o Printed text and images about the natural environment that relates the theme of the sculpture. • Photo opts for residents and visitors • Needs to be lit at night • Material:TBD Sculpture Details • Sculpture to be located in plaza — Plaza size is about 22'x 25' plus additional space for sidewalk • Located on the NW corner of a busy thoroughfare (A1A and Ocean Ave) • Height of 1st floor entrance will be about 18' • Building height will be about 85' • Artist contract for$150,000 (requirements below) Artist Requirements • Obtain permit(s), inspections, close outs • Adhere to City code, local ordinances and safety requirements • Supply materials • Installation • Insurance as required by the Contractor with Developer and GC listed as additional insured Agenda Package for Art Advisory Board Feb 9, 2023 Page 26 THE PIERCE EXHIBIT C Art Piece#2—Garage Screen Mural Design Inspiration Affiliated Development seeks an artist to design a waterjet cut aluminum mural for the upcoming "The Pierce" apartments in Downtown Boynton Beach. The mural will be about six stories tall and wrap the corner of the parking garage. The theme of the mural will be a Welcome to Boynton Beach /Greetings from Boynton Beach reflective of 20th-century tourist postcard style. The mural will be part of Boynton's Cultural District and face the Brightline Commuter Rail and future train station. The selected artist will be paid $12,000 for a detailed image that can be converted to a metal (i.e., aluminum) mural by fabricators and contractors hired by Affiliated. Scope of work 1. Meetings with the design team to understand the mural objectives. 2. The development of 3-5 approaches for selection by the owner and approval by the Art Advisory Board. 3. A very detailed black and white drawing to the exact specification of the mural size. (Not necessarily CAD) 4. Work with the architects, GC, and screen vendor on the conversion of the artist's drawing into detailed fabrication documents. Changes may be required to ensure that the project remains within the $200,000 budget. Prior to fabrication, the document will be approved by the Art Advisory Board. 5. If required during the fabrication and construction, advise on any changes required. Mural Details • Located on a portion of the West and South fagade of 8 story parking garage • Faces NE 4th St • Prominent landmark entry marker for Downtown Boynton Beach • Portion of the West and South fagade • Total area of screen: 4,087 sf • Dimensions 67' X 61' • Material:TBD Artist Requirements • Adhere to City code, and local ordinances Qualifications The artist can be a visual artist, graphic designer, digital artist, etc. The artist must be able to show a career as a professional artist that includes art education, exhibitions and publications. Experience completing public art or public murals is plus, but not mandatory. Artworks by a diversity of artists is an objective of the City. The qualifications of the artist will be approved by the Art Advisory Board. Disclaimer The artist will retain the copyright to the design and grant Affiliated Development, all future owners of the building and the City of Boynton Beach unlimited reproductions of the final artist's drawing and photographs of the mural to promote the mural, The Pierce and the City of Boynton Beach. The drawing and images cannot be used for reproduction on items for sale without the permission of the artist. Agenda Package for Art Advisory Board Feb 9, 2023 Page 27 THE PIERCE EXHIBIT C OPENING)Rf D-1GI,t7 �EROATED METAL SCREEN CAC2.> WC2> TNP:1>FRAME;TYR. sN{P-1> PROVIDED fOR.MURAL MURALp€SIGN,TW F Garage gest Facade w — — Facia NE 4 h St sBJ> r CST2> CST2s ],-IT2, eS2> g t P COCONU PALM',REE f t4Ct> UGi sAGi 'ACI i I ' d D TiMEOF MAT'u RI.'Y ( i t PARKING GARAGE tt, ENHRY SIGNASE ._ " I I COCONLJ'.PALM TREE ( i w TIME:OP PLANTING I�� 1 a Y it ,f4 0REN TO BEYOND C'HM-F1> EikE TlvChi€M 8 CITY sTUC OWREPLICA'EO o-IARVEIE. VINE SCREEN W7 spMF-1> —EA JR.REIT ESTATE MURAL. OPENING BEHIND FA.APMLRALELEMENT- TO BE.COLiNTED TOWARDS ARTS I. BIKE SHARE STATIONS Pu3LIC PL ES BUILDING ELEVATION-PARKING GARAGE-WEST RE DIR.11-T. Agenda Package for Art Advisory Board Feb 9, 2023 Page 28 THE PIERCE EXHIBIT C PWRKII &PARTMENT DLI V1 ::MP-I'- PENIN,,TV PROVIDED F)R V'JR PL 1AP-f,FRAME TYP 17 Garage South F�� r7 -— - — - — - —- — - - — -— - — - — ---- —-- - - -IkM --------- .77 Q PERFORATED METAL SCREEN MURA WELCOME TO SOYN ION BEACH POSTCARD THEME FIWAI ESIGNT..I �Acl -ACI� -ACI- 9 S'- 71m'U-IIJ,VV r --EMI( THEMED FYY--- MAP MURAL El POTENT STI. €ST2- ST 5 177� TO BECOUI �7 TCAVAPOSA�TSSI -----------V RTZ PUBLJORAIESS REUJIRETIENTS -- - --- ------------- -- ry ...........C -S'IPRPJC'IPLTR-�d-uuw IF'l 5T1] 2 r --,-ELEyATi oN-PA gKi N GGA RAGE-souTHol V MIXED USE BUILDING,,,, 'A A -Al Sculpt_urp tj PIP,, Location A 4; -4 0 Af Ir 4 1 44" A TiJ TIO Agenda Package for Art Advisory Board Feb 9, 2023 Page 29 THE PIERCE _ EXHIBIT C ocEAN EATERY""" TREE zoNE OVERREAD SHADE CANOPY ABC3VE'!I� 0... 10, RESTAURANTOUTDOOR, ! - SEATING AREAS T }� UP C2-RETAIL 2,503 SF 60'1 ROW' WASTE REG -30 M1 0"— q BENCH ��., UP MONUMENT SIGNAGEo T , UP SAFE SIGHT TRIANGLE 40'X40° F F p PUBLIC ART SCULPTURE TO SATISFY THE ART IN PUBLIC PLACES REQUIREMENTS FINAL."', ®il _ DESIGN TBD - SCULPTURE TO BE ILLUMINATED AT NIGHT a. - 22 ' x 25 ' 0' �I BUILDING CANOPY OVERHEAm� "� 12'-0" 40,_0„ D 12%0" I _ ,..,. STANDARD BUS C2RETAIL ENTRANCE --1 ---- "` ' ' ' Buil in E3 EINE$V/BUS STOP SIG N IV h ' FIRE HYDRANT— Agenda YDRANT Agenda Package for Art Advisory Board Feb 9, 2023 Page 30 L co co 2 t � � e 7-1 YLL N _ m LLJ _ 0 41 L.L LU1 LUn r Al n.} THE PIERCE EXHIBIT C __. —•.E,`.SIS'TP,NG FdE 4TH ST[i= ..T.,.,.r., ........_...._ n I tTPn PREr �{J'!!\�fl2�kl�iii�s�};f��fkx srwc v�irs ics Ili I� � , � k t I LIPRIHWf PUBLIC a PRIVATE afi ARK MG TO Ala c� 1`•L`a t\ .tt .t%, n rl s YU VA tr r rfAlA s r © �/ Yr 1r� FOR ENLARGED LEVEL 6 �� 1� '�� I Garage Mural Scieea 6`� { ST��ri4 r,� atlsr — � _ EIG— X51 ( E1615Th1G I Y kl'�S r M NFROPCfi�Fll#SsRtj t4' 4CM'r(!r z - i Ji z ` III ---------- Agenda ------'-Agenda Package for Art Advisory Board Feb 9, 2023 Page 32 THE PIERCE EXHIBIT C L<< xq ��u �Y t i hh n r h,' a 4P i Y � I _ { i 'r h Y4 Air t - Agenda Package for Art Advisory Board Feb 9, 2023 Page 33 EXHIBIT C �-`7CITY Ca F�--�---�-- OYNTON Development Agreement Process Amendment CDRV 23-003 Planning & Development Board Meeting January , 2023 City Commission Meetings February 7,2023 1 February 21,2023 Proposed Amendments The proposed amendment contains three ( ) notable changes. • Allows only developments which area minimum of fifteen (15) gross acres to enter into Developments,' Agreements. • Establishes submittal requirements hat state statute requires, such as, requiring a master plan or conceptual site plan be approved concurrently. • Allows for certain flexibility within current standards tomono _ be utilized when a projectenters into a Development Agreement. Development Agreement Process Amendment CV 23-003 Agenda Package for Art Advisory Board Feb 9, 2023 Page 34 EXHIBIT C Proposed Amendments Alternative r 1. The Public Art Fee may be establishedwithin the proposed Development f`j``' } . City may reserve utility system capacity for water and , wastewater service for up to six (6) years from the date of the agreement at no cost to the Developer. t Master Plan or Modification approvedith a Develof Agreement shall remain valid for 24 months. 4. Upon approval of a site plan by the City Commission, the applicant shall have secure a buildingpermit for vertical construction. Development Agreement Process Amendment CV 23-003 r6BCITY OF- to I OY a NO TOT' &NE Eft A 10" E A t. H Agenda Package for Art Advisory Board Feb 9, 2023 Page 35 EXHIBIT C 12.D. Legal 2/7/2023 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 2/7/2023 Requested Action by Commission: Proposed Ordinance No.23-XXX-First Reading- approve amendment to the Art in Public Places(AiPP) program as described in the Part I I Code of Ordinance, Chapter 27,Article I I Art Advisory Board and deletes the two other duplicate sections of the code Article I I Art in Public Places Program and Article XI Arts Commission. Explanation of Request: The Art in Public Places(AiPP)program was adopted by the City in 2007. Over 16 years,construction costs have seen an increase of nearly 100%. Therefore to bring the ordinance up to date the following changes are recommended. 1. The threshold for projects under in the AiPP is increased from$250,000 to$500,000. 2. The maxmum art fees paid by any single construction project is capped at$1,000,000. 3. The phase"Public Art Project"is defined so that all costs of the owner to purchase and install artwork can be paid with the art fees. 4. Clarifies the responsibility of the property owner if the owner removes the artwork and establishes a role of the Community Standards to enforce Art in Public Places related to artwork on the property. 5. Clarifies the required approvals of each public art project by the Art Advisory Board. 6. Adds communication upgrades or replacements as exempt from the AiPP program. 7. Adds earned income as a source of money for the Public Art Fund 8. Clarifies the collected 70%art fees in the Public Art Fund will be spent for City public art projects or maintenance of existing City-owned public art. The 30%art fees collected will be spent on program administration. 9. Changes the code from the owner must pay the City the 70%fee prior to the issuance of the Certificate of Occupancy to the owner shall install a project art project with a minimum value equal to 70%art fee or pay the 70%art fee in lieu of installing artwork. 10.Other language was modified to provide additional clarity to the code. How will this affect city programs or services? The changes have little impact on City programs or services at this time. Fiscal Impact: The threshold increase will have a very small impact on the art fees for the public art management and the artworks in the City. The increase to$500,000 effects primarily tenant improvements of small businesses. Only in 2023 has any construction project approached the$1,000,000 in construction value. But we anticipate that only a few of the upcoming construction projects will exceed$1,000,000 in the near future and therefore the public art fund revenues would be slightly reduced over time. Alternatives: No particular alternatives to improving the Art in Public Places code. Strategic Plan: Culturally Distinct Downtown Strategic Plan Application: In the next few years,downtown will see significant public art projects associated with new developments that will enhance the City's reputation as a cultural destination in Palm Beach County. Climate Action Application: Is this a grant? Grant Amount: Attachments: Agenda Package for Art Advisory Board Feb 9, 2023 Page 36 EXHIBIT C 1 2 ORDINANCE NO. 23-003 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 6 AMENDING THE LAND DEVELOPMENT REGULATIONS CHAPTER 2 LAND 7 DEVELOPMENT PROCESS, ARTICLE II PLANNING AND ZONING 8 DIVISION SERVICES, SECTION 2. STANDARD APPLICATIONS TO ADD A 9 SECTION FOR DEVELOPMENT AGREEMENTS; PROVIDING FOR 10 CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 11 12 13 WHEREAS, the Florida Legislature has previously enacted the Florida Local 14 Government Development Agreement Act (the Act), codified Sections 163.3220-163.3243, 15 Florida Statutes; and 16 WHEREAS, the Florida Legislature has determined that the lack of certainty in the 17 approval of development can result in a waste of economic and land resources, discourage 18 sound capital improvement planning and financing, escalate the cost of housing and 19 development, and discourage commitment to comprehensive planning; and 20 WHEREAS, the Florida Legislature has further determined that providing assurance 21 to developers through development agreements that they may proceed in accordance with 22 existing laws and policies, subject to the conditions of a development agreement, strengthens 23 the public planning process, encourages sound capital improvement planning and financing, 24 assists in assuring there are adequate capital facilities for the development, encourages 25 private participation in comprehensive planning, and reduces the economic costs of 26 development; and 27 WHEREAS, the Act authorizes local governments to enter into Development 28 Agreements with developers subject to the requirements of the Act; and 29 WHEREAS, the City of Boynton Beach deems it in the best interest of the City to 30 formally establish a policy that it may enter into Development Agreements when permitted 31 by Florida law and desired by the City Commission and a developer; and 32 WHEREAS, having considered the recommendations of the Planning and 33 Development Board, the City Commission of the City of Boynton Beach has found and 1 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2)(Development Agreements)-Ordinance.Docx Agenda Package for Art Advisory Board Feb 9, 2023 Page 37 EXHIBIT C 34 determined that the adoption of the development agreement ordinance will preserve the 35 public health, safety, and welfare, enhance the value and character of the community and is 36 consistent with the Comprehensive Plan. 37 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 38 OF BOYNTON BEACH, FLORIDA, THAT: 39 Section 1. The foregoing whereas clauses are true and correct and are now ratified 40 and confirmed by the City Commission. 41 Section 2. City of Boynton Beach Land Development Regulations, Chapter 2, Land 42 Development Process, Article II Planning and Zoning Division Services, Section 2. Standard 43 Applications is hereby amended as follows: 44 CHAPTER 2. LAND DEVELOPMENT PROCESS 45 ARTICLE II. PLANNING AND ZONING DIVISION SERVICES 46 Sec. 2. Standard Applications. 47 ... 48 G. Development Agreement. 49 1. General. 50 a. Purpose and Intent.The purpose of Development Agreements is to encourage a strong 51 commitment to comprehensive and capital facilities planning, ensure the provision of 52 adequate public facilities for development concurrent with the impacts of development, 53 encourage the efficient use of resources, and reduce the economic cost of development. 54 The purpose of this section is to establish procedures and standards for the City Commission 55 to consider and enter into Development Agreements in accordance with Florida State 56 Statutes. 57 b. Authority and Applicability.The city is authorized to review and enter into a Development 58 Agreement with any person having legal or equitable interest in real property in the city in 59 accordance with the procedures and standards in this section. 60 c. Parcel Criteria. Onl dcvcl9p mtsmwhich are a minimum of fiftccr7mm 15}m mross cres arc 61 cli ik�lc to cr7tcr ir7to �cvclo mcr7tmA rccments with the cit m ursu r7t to this scctior7. 62 d. Conflict. In the event of any conflict between the provisions of this Section and any other 63 sections of the Land Development Regulations or City Codes of Ordinance, the provisions of 64 this section shall prevail.These provisions shall not be construed to supersede any federal, 65 state, or county laws. 66 2. Submittal Requirements. Development Agreements shall include and meet the requirements of 67 at least the following: 2 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2)(Development Agreements)-Ordinance.Docx Agenda Package for Art Advisory Board Feb 9, 2023 Page 38 EXHIBIT C 68 a. Proposed Development Agreements must meet and be consistent with all requirements set 69 forth in the Florida Local Government Development Act, sections 163.3220-163.3243, 70 Florida Statutes; 71 b. A Master Plan or Major Master Plan Modification must be submitted and approved 72 concurrently with a Development Agreement; 73 c. A phasing plan indicating the proposed phases, if the development is subject to phasing; 74 d. A conceptual site plan for any single-phase development proposals; 75 e. Schematic Design plans including, at a minimum, building location, architectural style, and 76 building height; and 77 f. A statement of milestone dates including necessary development approvals, permitting and 78 construction. 79 3.Alternative Standards. The gj _ y elect to enact the below alternative standards for 80 develo.pmer]tsmwhich ire subjject toms Develo smer7t_A reemerit: 81 a. Developmer7ts mustrticite ir7 the pity' ic art Pro rLm, however, the Public art ------------ 82 Lee for the Developmer7t.E22y__k established withir7 the pL2.p sedm�evelq mtm reement 83 in an amount different than the mour7t required key of the it r bode. Public Art 'ee 84 mour7ts est k�lished ursu r7t t to his section must meet the Sur ose r7d ir7ter7t of the ft 's 85 Puk-lic Art ro ra-m-. 86 b. The City of Boynton Beach may reserve utility system capacity for water and wastewater 87 service for a period not to exceed six(6) years from the date of the agreement or approved 88 permit application at no cost to the Developer at the discretion and approval of the Utilities 89 Director or designee,for the purpose of allowing the Developer to meet anticipated 90 concurrency requirements. 91 c. Expiration of a Master Plan or Major Master Plan Modification. A Master Plan or Major 92 Master Plan Modification approved with a Development Agreement shall remain valid for 93 twenty-four(24) months; however, upon approval of a site plan by the City Commission, a 94 master plan shall remain valid until the corresponding site plan expires. 95 d. Expiration of a Site Plan or Major Site Plan Modification. Upon approval of a site plan by the 96 City Commission,the applicant shall have up to seventy-two months (72) months to secure 97 a building permit for vertical construction. 98 4. Review Criteria. An application for a Development Agreement shall be approved and executed 99 only if the City Commission finds that the development proposed in the Development Agreement: 100 a. Includes all the information and provisions required by this Section 101 b. Meets all Submittal Requirements; 102 c. Is consistent with the City's Comprehensive Plan and any amendments to the 103 Comprehensive Plan that would impact the development have been found in compliance if 104 required by state law and are beyond all appeal periods; 105 d. Is consistent with this City Code; and 106 e. Furthers the public health, safety, and welfare of the city. 107 5. Approval Process.A Development Agreement requires review and approval by the City 108 Commission, by ordinance, and shall be processed in accordance with section 163.3225, Florida 109 Statutes. 3 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2)(Development Agreements)-Ordinance.Docx Agenda Package for Art Advisory Board Feb 9, 2023 Page 39 EXHIBIT C 110 6. Periodic Review of Development Agreement.The City shall review land subject to the 111 Development Agreement at least once every 12 months to determine if there has been a 112 demonstration of good faith compliance with the terms of the Development Agreement. Each 113 annual review conducted after the sixth year of a Development Agreement shall include a written 114 report completed by the developer, which shall be submitted to the parties to the Development 115 Agreement. 116 117 Section 3. Each and every other provision of the Land Development Regulations 118 not herein specifically amended, shall remain in full force and effect as originally adopted. 119 Section 4. All laws and ordinances applying to the City of Boynton Beach in 120 conflict with any provisions of this ordinance are hereby repealed. 121 Section S. Should any section or provision of this Ordinance or any portion 122 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 123 affect the remainder of this Ordinance. 124 Section 6. Authority is hereby given to codify this Ordinance. 125 Section 7. This Ordinance shall become effective immediately. 126 FIRST READING this 7th day of February, 2023. 127 SECOND, FINAL READING AND PASSAGE this 21 st day of February, 2023. 128 CITY OF BOYNTON BEACH, FLORIDA 129 130 YES NO 131 132 Mayor—Ty Penserga 133 134 Vice Mayor—Angela Cruz 135 136 Commissioner—Woodrow L. Hay 137 138 Commissioner—Thomas Turkin 139 140 Commissioner—Aimee Kelley 141 142 VOTE 143 144 145 4 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2)(Development Agreements)-Ordinance.Docx Agenda Package for Art Advisory Board Feb 9, 2023 Page 40 EXHIBIT C 146 ATTEST: 147 148 149 Maylee De Jesus, MPA, MMC Ty Penserga 150 City Clerk Mayor 151 152 APPROVED AS TO FORM: 153 (Corporate Seal) 154 155 156 Michael D. Cirullo, Jr. 157 City Attorney 158 5 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 2)(Development Agreements)-Ordinance.Docx Agenda Package for Art Advisory Board Feb 9, 2023 Page 41 EXHIBIT D Public Art Expenses for FY 2023 Budget Projects Remainder FY 2023 Approved Budget Murals $20,000 Gator State Storage $5,000 Delray Pawn $5,000 TBD $10,000 Collaboration with Public Works, Etc $40,000 Solid Waste Truck Drivers $20,000 Mangrove Park Fence Cover $1,000 Fish Display Sign at Oyer Park $1,000 Eco Park Designs $5,000 TBD $13,000 Vinyl Cabinet Wraps $10,000 TBD $10,000 Artwork Purchase $15,000 TBD $15,000 Contingency $10,000 TBD $10,000 Grant Commitments for FY2023 NEA Commitment **GOBO Projectors on Arts& Culture ($: 0,000) SouthArts Commitment **Lead Artists Research ($8,000) **Small Projects with Local Artists ($6,000) **Managments Costs ($1,000) Kinetic Biennial Kinetic Expenses (Approved Budget) $66,500 $66,500 **Earned Income (Sponsors) $14,938 $11,740 $3,198 **Need to Request Appropriation from Commission from Grants& Sponsorships Agenda Package for Art Advisory Board Feb 9, 2023 Page 42