23-017 1
2 ORDINANCE NO. 23-017
3
4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,AMENDING
5 CHAPTER 27, "ADVISORY BOARDS AND COMMITTEES", SECTIONS 27-21
6 THROUGH 27-27, OF THE CITY OF BOYNTON BEACH CODE OF
7 ORDINANCES REGARDING THE PUBLIC ART FEE; PROVIDING FOR AN
8 AMENDMENT TO THE AMOUNT OF THE PUBLIC ART FEE TO BE PAID FOR
9 SPECIFIC DEVELOPMENTS WITHIN THE CITY OF BOYNTON BEACH;
10 PROVIDING FOR EXEMPTIONS TO THE PAYMENT OF THE PUBLIC ART FEE;
11 PROVIDING FOR AN UPDATE TO THE PROCESS FOR THE CONSIDERATION
12 OF ART IN PUBLIC PLACES; PROVIDING FOR CONFLICTS, SEVERABILITY,
13 CODIFICATION AND AN EFFECTIVE DATE.
14
15 WHEREAS, upon a review of report from City Administration related to the collection
16 and use of the public art fee, the City Commission finds that it is in the best interest of the City
17 of Boynton Beach to increase the construction threshold for the public art fee from $250,000
18 to $500,000, and to provide for an update to the process for consideration of the placement
19 of art in public places; and
20 WHEREAS, the City Commission deems it to be in the best interest of the citizens and
21 residents of the City to amend Sections 17-21 through 27-27 of the City of Boynton Beach
22 Code of Ordinances, as they relate to the public art fee.
23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
24 BOYNTON BEACH, THAT:
25 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated
26 herein by this reference.
27 Section 2. That Part II, Chapter 27, "Advisory Boards and Committees", Sections
28 27-21 through 27-27, of the City of Boynton Beach Code of Ordinances, be, and the same are
29 hereby amended to read as follows:
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34 Sec. 27-21. Intent.
35 (a) It is the intent and purpose of this article to further the commitment of the city to the
36 aesthetic, historical,cultural and economic enrichment of the community through the creation
37 of works of art so that citizens and visitors to the city are afforded an opportunity to enjoy
38 and appreciate works of art. The requirements of this article shall be construed to promote
39 the aesthetic values of the entire community and to encourage the preservation and
40 protection of works of art.
41 (b) This article shall be known and cited as the "Art in Public Places Program."
42 (be) Ownership. Unless otherwise expressly agreed to in writing by the city, ownership of all
43 art acquired through expending funds in the Public Art Fund shall be owned by the city
44 according to the • - • : . - >2- -' - - - -- - - - •- - - 2 Art in Public Places gGuidelines.
45 Sec. 27-22. Definitions.
46 For the purposes of this section, the following words and phrases shall have the following
47 meanings:
48 (1) Art, Artwork, or Works of Art means tangible creations by artists exhibiting the highest
49 quality of skill and aesthetic principles and includes all forms of the visual arts conceived in
50 any medium, material, or combination thereof, including, but not limited to, paintings,
51 sculptures, engravings, carvings, frescos, stained glass, mosaics, mobiles, tapestries, murals,
52 photographs, video projections, digital images, bas-relief, high relief, fountains, kinetics,
53 collages, drawings, monuments erected to commemorate a person or an event, functional
54 furnishings, such as artist designed seating and pavers, unique or original architectural
55 elements, and artist designed landforms or landscape elements. The following shall not be
56 considered artwork or works of art for purposes of this article:
57 a. Reproductions or unlimited copies of original artwork.
58 b. Art objects, which are mass-produced.
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59 c. Works that are decorative, ornamental, or functional elements of the architecture or
60 landscape design, except when commissioned from an artist,or designed as an integral aspect
61 of a structure or site.
62 (2) Artist or Professional Artist means a practitioner in the visual arts, generally recognized
63 by critics and peers as a professional of serious intent and ability. Indications of a person's
64 status as a professional artist include, but are not limited to, income realized through the sole
65 commission of artwork, frequent or consistent art exhibitions, placement of artwork in public
66 institutions or museums, receipt of honors and awards, and training in the arts.
67 (3) Arts Commission or Art Advisory Board means the advisory board established by the
68 City Commission pursuant to Ordinance 01 6'1, renamed to Arts Advisory Board in Ordinance
69 20 016.
70 (34) Building means any structure that encloses space and is used or built for the shelter or
71 enclosure of persons, businesses, chattel or property.
72 (4;) Development means any construction, or redevelopment, or structural alteration of
73 any private or public building within the limits of the city.
74 (56) In-fill housing means new residential units on parcels less than five acres that are not
75 part of an approved planned unit development as defined by the city land development
76 regulations.
77 (67) Public Art Fund means a separate, interest bearing account set up by the city to receive
78 monies for the Art in Public Places Program.
79 (78) Remodeling or conversion means alterations made to a building within any 12-month
80 period, including, but not limited to, changes to the facade of a building, changes to the
81 interior of a building, increases or decreases in the floor area of a building and changes to
82 exterior improvements.
83 (89) Public Art Project means all the costs associated with design and installation of aArtwork
84 including artist fees, artwork(s), art consultant fees, engineering, structural support, lighting,
85 art signage and other site enhancements as stated in the Art in Public Places gGuidelines.
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86 ...
87 Sec. 27-25. Establishment of public art fee.
88 (a) (a) All development, redevelopment, reconstruction or remodeling projects
89 commenced after the adoption of this article which have a construction value of
90 $250,000500,000 or greater, shall participate in the Art in Public Places Program by
91 paying a public art fee. For the purpose of this section, a project will be considered
92 "commenced" when an application for review is first submitted to the city's
93 Development Department. The public art fee shall be equal to one percent ON of
94 construction value of the project or one million dollars ($1,000,000), whichever is less.
95 The Building Division/Finance Department shall administer the billing and collection as
96 follows:
97 (1) of the As a condition of issuance of the building permit, collect thirty percent (30%1 or .03
98 of the l% of the public art fee,at the time of building permit issuance and
99 (2) As a condition of issuance of the final certificate of occupancy, collect the remaining
00 seventy percent (70%) of the public art fee or, in lieu of payment, confirm the completion of a
01 Public Art Project on the property valued at least at seventy percent (70%) of the public art
02 fee. or .07 of the 1% prior to and as a condition of issuance of the certificate of occupancy
03 that includes the public art.
104 (3) One hundred percent of the public art fees collected are to be allocated to the pubic
05 Public act-Art fundFund. AU distributions for the public art fund require the recommendation
06 of the Art Advisory Board prior to City Commission approval.
107 (b) The following types of projects are exempt from the payment of the public art fee:
108 (1) Remodeling, repair or reconstruction of structures damaged by fire, flood, wind,
109 earthquake or other calamity determined by the City of Boynton Beach building official.
110 (2) The percent of the project dedicated to affordable housing as defined by the City of
111 Boynton Beach.
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112 (3) All projects which were submitted prior to or on October 5, 2005, notwithstanding any
113 subsequent request for site plan extension.
114 (4) Single-family and two-family in-fill housing.
115 (5) Normal, routine maintenance including replacement of existing damaged or failing
16 structural or non-structural elements, HVAC, plumbing, electric, communication or fire
117 detection/suppression equipment of a project not associated with an addition, renovation or
118 new construction.
119 (6) Remodeling, repair, reconstruction, or additions made after October 5, 2005 to any
120 existing amenity, clubhouse, building, pool, park, playground and/or common area element
121 located within an existing private residential development. This specific exemption applies
22 retroactively to October 5, 2005.
23 (7) All projects which were submitted for a building permit after or on October 1, 2023
24 with a construction valuation less than $500,000 •. . - • - - . •-• •. - - - - ••• -
25 October 1, 2023.
26 (c) Project ownersThe owners of a development that are required to participate in the Art
27 in Public Places Program may obtain reimbursement up to 70% of collected art fee shall may
28 complete install a pPublic aArt pProject on the property • - . •• • • - . . -e .. _
29 - _ -- jo. : in lieu of paying the seventy percent (70%) of the public art fee iR
30 lieu of installing artwork before the issuance of certificate of occupancy and if the following
131 conditions are met:
32 (1) The owner of a development agrees to follow the Art Advisory Board's
33 recommendations to develop the art in the projectThe owner of a development agrees to
34 secure the approval of the Art Advisory Board for the location and public visibility of the public
35 art, for the qualified artist(s), for the design of the artwork(s) and the artwork site(s), and the
36 final installed artwork(s) and artwork site(s). Such approvals will be based on the Art in Public
37 Places Program Guidelines. Prior to commissioning and/or purchasing the artwork, the City,
38 in consultation with the owner of the development, shall schedule and hold a public workshop
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39 regarding the artwork design, location, and the artwork's public visibility prior to the Art
40 Advisory Board's public meeting; and
41 (2) Prior to placement on the development site, has the artwork approved by the Art
142 Advisory Board to insure that the artwork will be accessible and readily visible to the public
43 based on location of artwork and normal traffic of vehicles/pedestrians in the proposed
I 44 locationThe owner of a development agrees to maintain the artwork(s) in good condition as
45 approved by the Art Advisory Board. and iIf the artwork(s) cannot be maintained or repaired,
146 or the owner requests to remove the artwork(s), then the owner will replace the artwork(s) of
47 value equal to the original seventy percent (70%) of the public art fee adjusted by the
148 Consumer Price Index,. Alternatively, the owner can contribute the same amountvalue to the
49 Public Art Fund or donate the artwork(s) to the City in good condition. If the owner
50 eptschooses to replace the artwork(s) in a different form than originally approved, the new
51 artist and art selection criteria shall be in compliance with the Art in Public Places Guidelines.;
52 and
153 _ (3) Select an artist directly to execute a project that meets specific criteria outlined by
54 •- - e•• ••-•*. •- • - - - - - . _ . .. . - - •e-e - -- • _ - - -•
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55 professional consultant to select artists to commission site specific, architecturally integrated
56 artworks that meet specific art guidelines criteria outlined by the recommendations and
i 57 guidelines document provided by the Art Advisory Board; or purchase artworks for permanent
58 installation recommended by the Art Advisory Board; or elect to purchase an existing artwork
59 or commission an original artwork for donation as a gift to the City of Boynton Beach's public
60 art collection.
161
162 Sec. 27-26. Public Art Fund.
63 (a) There is hereby created a Public Art Fund administered by the Art Advisory Board.
64 Funding shall consist of all contributions received from collected public art fees, for
65 development and redevelopment. Contributions shall include 1% of construction value on
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66 projects exceeding $250,000 any cash grantscand donations to the city for public art projects
67 from governmental or private resources, earned income from sales or services, and all other
168 funds allocated by the city through the budgetary process for the provision of public art.
II.69 (b) (b) Expenditures from the pu-13lic Public aFt-Art fund Fund shall include but not be
170 limited to expenses associated with the selection, commissioning, acquisition,
171 transportation, maintenance, public education, promotion, administration, program
172 marketing, documentation, removal and insurance of the works of art or in relation
73 thereto.
174 (b)(c) The Art Advisory Board can recommend to the City Commission expenditures from the
175 Public Art Fund funds in furtherance of the Art in Public Places Program.
176 _ (c) Disbursements of the public art fee shall be 70% to the construction of art in a given
177 project and 30% for the administration of the Art in Public Places Program and a (endowment
78 or reserve fund) for future work as described in the Art Advisory Board's guidelines and
79 recommendations.
180
81 Sec. 27-27. Art Advisory Board's guidelines and recommendations. Art in Public Places
82 Guidelines
83 (a) Selection criteria. The art and artist selection criteria shall be in compliance with the Art
84 Advisory Board's guidelines and recommendations.
85 (b) Guidelines. The Art Advisory Board shall prepare and from time to time recommend to
86 the City Commission revisions to the Art in Public Places Program guidelines Guidelines for
87 adoption by the City Commission and make the same available to the public,—_which The
88 Guidelines shall I3eprovide the framework-followed provide guidance for:
89 (a) Art in Public Places program organization; organizational governance and staffing
90 responsibilities; procedures for project planning; artist selection and criteria; art
91 selection and criteria; art placement criteria; mural criteria; donations; loans artwork
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92 loans;aR4 memorials;a collection management and other items sues as adopted by
93 the City Commission; and administration of the public art fund.
94 {a}(b) Art Advisory Board evaluation of Public Art Project proposals, final installations
95 and maintenance condition of artworks submitted by property owners as-in lieu of the
96 payment of the 70% public art fee.
97 - - - - - . ae ' - =-- - •- - -- -, . •: e-- _ .
98 Art in Public Places Program location plan for recommendation to the City Commission that
99 identifies locations and criteria for public artworks and establishes a priority order.
200 Section 3. Each and every other provision of the Code of Ordinances of the City of
201 Boynton Beach not herein specifically amended shall remain in full force and effect as
202 previously enacted.
203 Section 4. All ordinances or parts of ordinances in conflict herewith be and the
204 same are hereby repealed.
205 Section 5. Should any section or provision of this ordinance or portion hereof, any
206 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
207 such decision shall not affect the remainder of this ordinance.
208 Section 6. Authority is hereby granted to codify said ordinance.
209 Section 7. This ordinance shall become effective immediately upon passage.
210 Section 8. All matters pending before the City boards or committees at the time
211 of effective date of this Ordinance shall continue unabated and be taken up as scheduled
212 before the respective board or committee.
213 FIRST READING this 15th day of August, 2023.
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215 SECOND, FINAL READING AND PASSAGE this 14th day of September, 2023.
216
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218 CITY OF BOYNTON BEACH, FLORIDA
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220 YES NO
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222 Mayor-Ty Penserga
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224 Vice Mayor-Thomas Turkin
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226 Commissioner-Angela Cruzy1s,ertir chow.ecus
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228 Commissioner-Woodrow L. Hay
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230 Commissioner-Aimee Kelley
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232 VOTE t/k 0
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234
235
236 ATT, ST:
237
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238 /A 1..•_I l
II
239 Maylee i e J: s, MPA, MC T -"1-.11135r-
240 City Cler Ma .r
241
242 AP' 'OVED AS • ORM:
243 (Corporate Seal)
244 _ ', -
N�ONg �`��
245y ••••• •' ��
` David N. Tolces
246o :o� .o• Interim City Attorney
247 i : Ca` ;09: i
248 Nc,P°'ZO
F\-- ``-
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