07-002
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1 ORDINANCE NO. 07- ooa
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3 AN ORDINANCE OF THE CITY COMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, AMENDING
5 ORDINANCE 05-060 TO PROVIDE THAT THE ART FEE
6 DOES NOT APPL Y TO PROJECTS WHICH HAD
7 APPLICATIONS PENDING ON OR BEFORE OCTOBER 5,
8 2005; PROVIDING WHEN THE ART FEE IS PAYABLE;
9 PROVIDING CONFLICTS, SEVERABILITY; INCLUSION
10 AND AN EFFECTIVE DATE
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12 WHEREAS, the Commission has heretofore adopted Ordinance 05-060 creating the
13 Art in Public Places program; and
14 WHEREAS, the City Commission has determined that it is in the best interest of the
15 Art in Public Places Program to modify the program as hereinafter set forth.
16 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
17 THE CITY OF BOYNTON BEACH, FLORIDA:
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Section 1.
The foregoing "WHEREAS" clauses are hereby ratified and
19 confirmed as being true and correct and are hereby made a specific part of this Ordinance
20 upon adoption hereof.
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Section 2.
Ordinance 05-060, codified as Article XII, Chapter 2 of the Code of
22 Ordinances of the City of Boynton Beach, entitled "Art in Public Places Program," is hereby
23 amended to read as follows:
24 Sec. 2-159. Short title; intent.
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(A) This chapter shall be known and cited as the "Art in Public Places Program."
(B) It is the intent and purpose of this chapter to further the commitment of the
City of Boynton Beach to the aesthetic, historical, cultural and economic enrichment of the
community through the creation of works of art so that citizens and visitors to the City of
Boynton Beach are afforded an opportunity to enjoy and appreciate works of art. The
requirements of this chapter shall be construed to promote the aesthetic values of the entire
community and to encourage the preservation and protection of works of art.
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1 Sec. 2-160. Definitions.
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(A) Definitions. For the purposes of this section, the following words and
phrases shall have the following meanings:
(1) Artist or Professional Artist means a 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, placement of artwork in public institutions or
museums, receipt of honors and awards, and training in the arts.
(2) Art, Artwork or Works of Art means 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 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 elementsdesigned by an artist, and artist
designed landforms or landscape elements. The following shall not be
considered artwork or works of art for purposes of this chapter:
(a) Reproductions or unlimited copies of original artwork.
(b) Art objects, which are mass-produced.
(c) 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.
(3) Building means any structure that encloses space and is used or built for the
shelter or enclosure of persons, businesses, chattel or property.
(4) Development means any construction, or redevelopment, or structural
alteration of any private or public building within the limits of the City.
(5) Arts Commission means the advisory board established by the City
Commission pursuant to Ordinance 01-64.
(6) Public Art Fund means a separate, interest bearing account set up by the City
to receive monies for the Art in Public Places Program.
(7) Remodeling or conversion means alterations made to a building within any
twelve month period, including, but not limited to, changes to the fayade of a
building, changes to the interior of a building, increases or decreases in the
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floor area of a building and changes to exterior improvements.
(8) In-fill housing means new residential units on parcels less than 5 acres that are not
part of an approved planned unit development as defined by the City of Boynton
Beach land development regulations.
2-161. Arts Commission.
The Boynton Beach Arts Commission shall function and operate as outlined in the
City of Boynton Beach's Ordinance No. 01-64.
Sec. 2-162. Powers and duties of committee.
(A) The Arts Commission shall have the following additional powers and duties:
(1) Recommend to the City Commission, adoption of Art in Public Places
Program Guidelines and amendments thereto;
(2) Recommend to the City Commission, adoption of a Public Art Master Plan
identifying locations for public artworks and establishing a priority order;
(3) Recommend to the City Commission authorization of expenditures for
maintaining and implementing the Art in Public Places Program;
(4) Recommend to the City Commission other expenditures of the Public Art
Fund such as hiring staff and services to run the Art in Public Places
Program;
(5) Exercise their authority to approve, approve with conditions or disapprove
proposed installation of artwork based on Art in Public Places Program
Guidelines; and
(6) Advance, through education and communication, the Art in Public Places
Program Guidelines. The guidelines are attached as Exhibit "A".
Sec. 2-163. Establishment of Public Art Fee
(A) All development, redevelopment, reconstruction or remodeling projects
commenced after the adoption of this ordinance which have a construction value of
$250,000.00 or greater, shall participate in the Art in Public Places Program by paying a
Public Art Fee. For the purpose of this section, a project will be considered "commenced"
when an application for review is first submitted to the City's Development Department.
The Public Art Fee shall be equal to I % of construction value of the project. The Public Art
Fee shall be collected by tIhe Building and Code Compliance DivisionlFinance Department
shall administer the billing and collection of the 30% or (.03) of the 1 % of the Public Art
Fee at the time of Building Permit issuance and the 70% or (.07) of the 1 % prior to and as a
condition of building permit issuance of the certificate of occupancy that includes the Public
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Art. One hundred percent (100%} of the Public Art Fees collected are to be allocated to the
Public Art Fund. All distributions for the Public Art Fund require the recommendation of
Arts Commission prior to City Commission approval.
(B) The following types of projects are exempt from the payment of the Public Art
Fee:
(1) Remodeling, repair or reconstruction of structures damaged by fire, flood,
wind, earthquake or other calamity determined by the city of Boynton Beach
building official.
(2) The percent of the project dedicated to affordable housing as defined by the
City of Boynton Beach.
(3) All proiects 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.
(C) Project owners required to participate in the Art in Public Places Program
may obtain reimbursement up to seventy percent (70%) of collected art fee if the following
conditions are met;
(1) The owner of a development agrees to follow the Art Commission's
recommendations to develop the art in the project; and
(2) Prior to placement on the development site, has the artwork approved by the
Arts Commission to insure that the artwork will be accessible and readily
visible to the public based on location of artwork and normal traffic of
vehicles/pedestrians in the proposed location; and
.QL~Select an artist directly to execute a project that meets specific criteria
outlined by the recommendations and guidelines document provided by the Arts
Commission or hire a professional consultant to select artists to commission site-
specific, architecturally integrated artworks that meet specific art criteria outlined
by the recommendations and guidelines document provided by the Arts
Commission or; Purchase artworks for permanent installation recommended by
the Arts Commission or; Elect to purchase an existing artwork or commission an
original artwork for donation as a gift to the City of Boynton Beach's public art
collection or;
Sec. 2-164. Art and artist selection criteria.
(A) The Art and Artist selection criteria shall be in compliance with the Arts
Commissions Guidelines and Recommendations.
Sec. 2-165. Public Art fund.
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(A) There is hereby created a public art fund administered by the Arts
Commission. Funding shall consist of all contributions received from art fees for
development and redevelopment. Contributions shall include 1 % of construction value on
projects exceeding $250,000.00, any cash grants and donations to the City for public art
projects from governmental or private resources, and all other funds allocated by the City
through the budgetary process for the provision of public art.
(B) Expenditures from the Public Art Fund shall include, but not be limited to
expenses associated with the selection, commissioning, acquisition, transportation,
maintenance, public education, promotion, administration, program marketing,
documentation, removal and insurance of the works of art or in relation thereto. The Arts
Commission can recommend to the City Commission, expenditures from the funds in
furtherance of the Art in Public Places Program.
(C) Disbursements of the Public Art Fee shall be seventy percent (70%) to the
construction of art in a given project and thirty percent (30%) for the administration of the
Art in Public Places Program and a (endowment or reserve fund) for future work as
described in the Arts Commissions Guidelines & Recommendations.
Sec. 2-166. Ownership of artwork.
Unless otherwise expressly agreed to in writing by the City, ownership of all art
acquired through expending funds in the Public Art Fund shall be owned by the City
according to the Arts Commissions Recommendations and Guidelines.
Sec. 2-167. Art in Public Places Program Guidelines
The Arts Commission shall prepare, and from time to time recommend to the City
Commission revisions to the, Art in Public Places Program Guidelines and make the same
available to the public, which shall provide guidance for program organization;
organizational governance and staffing responsibilities; procedures for project planning;
artist selection; art selection criteria; art placement criteria; donations; loans and memorials;
collection management; and, administration of the Public Art Fund.
In the event language contained in the Art in Public Places Program Guidelines
conflicts with this Ordinance, the language in the Ordinance shall control.
Sec. 2-168. Art in Public Places Program Location Plan
The Arts Commission shall prepare, and from time to time revise, a Art in Public
Places Program Location Plan that identifies locations and criteria for public artworks and
establishes a priority order.
Section 3.
Severability.
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1 i If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or
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2 I unconstitutional by any court of competent jurisdiction, then said holding shall in no way
3 affect the validity of the remaining portions of this Ordinance.
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Section 4.
Inclusion in Code.
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It is the intention of the City Commission of the City of Boynton Beach, Florida, that
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the provisions of this Ordinance shall become and be made a part of the City of Boynton
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Beach Code of Ordinances, and that the sections of this Ordinance may be renumbered or
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relettered and the work "ordinance" may be changed to "section," "article," or such other
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appropriate work or phrase in order to accomplish such intentions.
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Section 5. This Ordinance shall become effective immediately on passage.
FIRST READING this A day of .Ja..nUd.r't--,2007.
SECOND, FINAL READING AND PASSAGE this ~ day of ~ 2007.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
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EXHIBIT "A"
Boynton Beach Arts Commission
Guidelines and
Recommendations
Acknowledgements
The Arts Commission extends special thanks to City Manager Kurt Bressner, Planning and
Development Director Quintus Greene and CRA Director Doug Hutchinson. Their wisdom
and guidance were vital to the mission of the Advisory Board. The experience and vision they
bring to our city is proactive and innovative. We listened, we researched and we reedited. We
hope it is evident we designed an Arts in Public Places Program for Boynton Beach's past,
present and future based on experiences locally and across the country.
In addition, we would like to thank, in no particular order: Seattle Arts Commission for the
Public Art 101 Curricular Book, Betty Pierce, Park and Recreation Advisory Board, Dan De
Carlo, Nancy Byrne, Mike Rumpf, Hanna Matras, Jeanne Heavilin, Susan Vielhauer, Vivian
Brooks, Wilfred Hawkins, Virginia Farace, Boynton Cultural Centre Board of Directors, Elayna
Toby-Singer, Jeff Siegal, Beth Ravtiz, David Coles-Dobay and all of the participants of our
first Creative Workshop held Apri/4, 2005.
The following individuals currently serve on the Arts Commission Advisory Board and each
played an integral role in this document:
. Debbie Coles-Dobay, Chair
. Cheryl Arflin
. Angela F. Budano
. Rick Beaulieu, Co Chair
. Kimberlee McGow
. Deborah Nesbit
. Anita Remer
. Linda Sage
. Suzette Urs
. Arleen Dennison, City Staff Liaison as well as past members:
. Richard Brightfield
. Raymond Marcinkoski
. Michael McGoey.
Respectfully submitted,
&F~A 8~ 4A-l4 ~~A
Cover
Artist Oil: Boynton Beach
Ralph Papa
Sculpture: Patina Steel Turtle
On loan to the City of Boynton Beach since 1995
Rick Beau Lieu, Neighborhood Art Gallery
Cover Design:
Debbie Coles-Dobay, Creative Marketing Impact, Inc.
Presented May 24,2005
Revised 9/30/05
Page 1 of 64
Boynton Beach Arts Commission
Guidelines and
Recommendations
Table of Contents
1 Executive Summary
2 Introduction
3 What Makes a Successful Public Art program?
4 Arts Commission Ordinance for the City of Boynton Beach
5 City Image
6 Program Overview
7 Funding Recommendations and Alternatives
8 Art Commission Services
9 Art Procurement Process
10 Examples of Visual Art
11 Call to Artists Procedure and Artist Selection Methods
12 Legal Recommendations
13 Other Program Considerations & Recommendations
14 Getting the Word Out
15 Q and A
Presented May 24, 2005
Revised 9/30/05
Page 2 of 64
Boynton Beach Arts Commission
Guidelines and
Recommendations
Executive Summary
The Arts Commission was charged with creating and executing an Art in Public Places
Program for the City of Boynton Beach. The following document is the end product of
nine months of research.
Research included review of population, demographics, growth potential, community
identity and the best of current Public Art programs not only in the State of Florida, but
also across the nation. A key component to the value of the Arts in Public Places program
understanding the economic impact and rewards this type of endeavor provides.
Clearly it is known that art offers:
. community pride
. civic awareness
. and a sense of place.
The focus of this document is to address the mechanics and funding appropriate for
Boynton Beach.
RECOMMEMDATION:
This plan proposes a funding program designed for an Art in Public Places program
concurrent with and complementary to the rapid growth of the City of Boynton Beach. Our
recommendations encompass a comprehensive program that would be funded by
assessing a public art fee equal to 1 % of the construction value to real property and
subject to the following criteria:
. Non residential construction alteration or repair for which a building permit is
required
. All new residential construction and/or redevelopment for which a building permit is
required
. All new public construction for which a building permit is required
. Fees will be calculated on amounts exceeding the $250,000.00 threshold
Exceptions to Public Art Fees:
. Remodeling, repair or reconstruction of structures damaged by fire, flood, wind,
earthquake or other calamity determined by the City of Boynton Beach building
official.
. The percent of the project dedicated to affordable housing as defined by the City of
Boynton Beach.
. Construction less than $250,000.00
The total funds are based on 1 % of construction cost. The land value is excluded from the
calculations. The funds would be dedicated at 70% to the development of public art that
stays within the project and 30% to run an Arts in Public Places program that includes:
· Administration of Art Fund and Art in Public Places Program, including
Public Art Coordinator salary, record-keeping such as registration,
maintenance, renovation, insurance, etc.
Presented May 24,2005
Revised 9/30/05
Page 3 of 64
Boynton Beach Arts Commission
Guidelines and
Recommendations
. Art for publicly owned properties to include: site preparation, installation,
insurance, maintenance and renovation
. Marketing and advertising of the Art in Public Places program
. Acquisition, siting and decommissioning
. Art programs and events with a cultural emphasis that draw community
participation
. Artist and artwork selection-related expenses
. Endowment program
This document also addresses private sector developers who wish to participate in
an alternate program that provides for payment in lieu of participation.
Staff including the Planning and Zoning Department, the CRA and the Legal Department
has reviewed the Boynton Beach Arts Commission Recommendations and Guidelines.
This comprehensive document integrates many of their recommendations as well as the
best of successful Public Arts Programs and has been refined to meet the city's special
needs.
The Arts Commission Advisory Board is prepared to give an informative presentation of
this plan to the city commission in a workshop setting. We have enlisted key speakers
that include a noted public artist, city administrator, and a developer all with national
expertise in art. We look forward to implementing this plan and are available to expedite
this endeavor.
Presented May 24, 2005
Revised 9/30/05
Page 4 of 64
Boynton Beach Arts Commission
Guidelines and
Recommendations
Introduction
Art is "... a product that evokes the senses and stimulates emotions. The product may be
something thought to be beautiful. interesting, controversial, emotionally moving,
educational, or displaying historic or cultural meaning."
Public Art is "... objects in our environment for public use and enjoyment that may be
historic, aesthetic, or functional in the form of sculpture, monuments, murals, banners,
fountains, playgrounds, trellis, gardens or amenities such as seating, lights, signs."
On occasion, the building itself could be considered Art. This would occur when the
architecture design has built in artistic elements incorporated into the structure.
Public art is essentially a dialog between an artist's work and the people who experience
his or her artwork in the course of their activities. A successful public artwork can be
thought provoking, transform the environment and become an active part of the
community. An unsuccessful public artwork can become an eyesore and the target of
ridicule and vandalism (Barbara Goldstein, Public Art 101 Curricular Book, Seattle Arts
Commission Page 41).
In general, public art is works of art displayed in publicly accessible places and buildings.
Up until the mid 20th century, public art as sculptures, mosaics, carvings and handmade,
decorative building elements were normal parts of a building. In the last 30 years, more
than 350 American municipalities have required public art in public and/or private
construction in order to restore the lost aesthetic qualities. Today, public art has come to
mean traditional sculptures, murals and the full range of things made by artists for
buildings, streetscapes and landscapes.
"Our belief is that powerful, well-integrated
public art can transform people's lives by
linking their perceptions, senses and
intellects to the living systems that sustain
them."
Presented May 24,2005
Revised 9/30/05
Page 5 of 64
What Makes a Successful Public Art Program?
Boynton Beach Arts Commission
Guidelines and
Recommendations
Successful public art programs have a number of ingredients as identified in a study done
by the City of Boynton Beach Strategic Initiative Team of communities throughout the
United States. These ingredients include:
. A commitment to leadership by public bodies.
. A broad community understanding of the pOlicies that underpin public art.
. Identification of opportunities to create a sense of place through public art.
. A solid financial base to initiate and sustain a public art program.
. Early collaboration and involvement of the arts community in developing public art.
. Support and involvement of the private sector.
. Support and involvement of all sections of municipal government including engineering,
planning, finance, community services.
. Continuous effort to include and draw upon the support of the public.
Developing principles to which everyone can agree starts the process of creating a public
art plan. These principles will guide the process:
. Public art is an expression that is often diverse and innovative.
. Public art intends to reflect community values and community identity.
. Public art utilizes the creative energy of artists for public benefit.
· Public art increases public awareness of the role of art and artists in the community.
. Public art is a community resource.
· Public art contributes to the economic health of the community.
· Public art responds to the natural, social, and built environment.
· Public art is collaboration between the public, public agencies, the private sector. and the
design community.
Who judges art? From DaVinci to Andy Warhol,
doesn't everyone have the right to define their taste
in what is good art over bad? Art is subjective and
the viewer must have a certain level of appreciation
to identify with the artist and their inspiration,
motivation or simply their desire to evoke emotion.
In commercial development, how do you rate the
work of a designer or architect to measure an effort
that lacks artistic character vs. one that possesses
strong artistic merit? If it is within the context of the
City's objectives, is that enough? The goal of the
Arts Commission is to have an impact much greater
than that of minimal projects; rather it is one that
goes above and beyond to enhance our community.
"Because of the diversity of
ecological, biotechnical,
educational, recreational and
cultural opportunities within the
county, our goal is to help
reestablish the intellectual and
emotional connections that will
ultimately draw people. .. in a
thoughtful way. "
Historically, in 1967, the Endowment for the Arts created its Art in Public Places Program.
Presented May 24, 2005
Revised 9/30/05
Page 6 of 64
Boynton Beach Arts Commission
Guidelines and
Recommendations
It gave the public access to the best art of our time, outside museum walls. NEA's first
commission art was Calder's La Grande Vitesse, Grand Rapids, MI. It was the sculpture
that was used as their "logo".
By 1974, the NEA guidelines said that commissioned art should be appropriate to the
immediate site, and by 1978 approach creatively the wide range of possibilities for art in
public situations.
Total economic
impact of the arts
in 1992 for the
NYC area was
92 billion dollars.
In 1979, the NEA asked for methods to insure an informed
community response to the project and in1983 grant recipients were
required to submit plans for the community involvement. Preparation
and dialogue expanded in 1990's to include educational activities,
which invite community involvement. This progression from a pursuit
of the "best" art to community involvement is still evolving.
Artists contribute to making projects more palatable. They act as a
conduit for the project and the community objectives.
Examples of Public Art:
While the spiritual
aspects of art are
well known, it also
has a quantifiable
economic impact.
. ~i~i
1982- Vietnam Memorial in Washington DC, was the concept of a 21 year old
undergraduate at Yale University, Maya Ying Un. Originally protested by many
Washington congressman, this memorial is the #1 visited "Art" in America. Her concept
was to cut a "wound" into the landscape and construct granite in which visitors can see
their reflection. The interaction continues when loved ones take a rubbing on the name
inscribed into the wall.
Presented May 24, 2005
Revised 9/30/05
Page 7 of 64
The Medicci Family was
the first to fund Public
Art. In 1504,
Michelangelo's David
was featured in a public
square in Florence,
It~lv
Page 8 of 64
Boynton Beach Arts Commission
Guidelines and
Recommendations
The building itself can
be art, as in France's
Eiffel Tower built circa
1887, which the
Parisians did not like
when built.
In 1969, Calder's Stabile, Le
Grande Vitesse, in the Calder Plaza
in Grand Rapids, MI was
considered "Plop Art" or "Logo Art".
It caused so much controversy that
it put Grand Rapids on the map as
a destination location! The
community now holds it as a
National treasure. This art is the
National Endowment for the Arts
first commissioned piece for its Art
in Public Places Program.
Presented May 24.2005
Revised 9/30/05
Boynton Beach Arts Commission
Guidelines and
Recommendations
Walkways Gary Moore's "Ninth Street Pedestrian
Mall" 1995
Rustic terrazzo, dyed concrete unit pavers, bronze
inserts & landscaping. Historic Overtown, Downtown
Miami
Benches as in this wood and iron bench
created by Quigley in 1982 in Cincinnati. Its
iron frame was inspired by Music Hall, which
is located directly across the street from the
park.
Mosaic walls similar to the subway stations in Moscow built in 1935. Today Moscow's
Metro system has grown into an enormous network of 11 lines and over 160 stations.
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Genesis, the Gift of Life,
glass mosaic, 1954
Originally commissioned by
Peter and Waldo Stewart for
the Stewart Building in Dallas,
this mosaic was moved to the
entrance of the museum and
restored in the 1990s.
The design is based on the
Indian concept of the four
elements, seen from left to
right: water, earth, fire, and air.
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Presented May 24, 2005
ReVised 9/30/05
Page 9 of 64
Boynton Beach Arts Commission
Guidelines and
Recom mendations
Fountains. Waterfalls and Gardens similar to the fish fountain along the
steps of the Philadelphia Museum on the parkway tour built in 1928. .
.._:;;'.::"
.~::~,
Alexander Stirling Calder (after) Delights and Terrors of the Sea, 1983
Cast stone Vizcaya Metrorail Station, Miami, Florida
Sculptures
Picasso's gift to the city, once controversial, has now
become "the" landmark to downtown Chicago.
This subject has become a mantra for the defense of
public art---you will like this in the future.
Page 10 of 64
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Presented May 24, 2005
Revised 9/30/05
Boynton Beach Arts Commission
Guidelines and
Recommendations
Arts Commission Ordinance for the City of Boynton Beach
ARTICLE XI. ARTS COMMISSION
Sec. 2-154.
Creation of Commission.
The City Commission, in accordance with the powers vested in it, hereby creates and
establishes the Boynton Beach Arts Commission, hereinafter referred to as the "Arts
Commission."
(Ord. No. 01-64, ~ 1, 1-2-02)
Sec. 2-155.
Purpose and duties.
(a) The purpose of the Arts Commission is to advise the City Commission on matters related
to the arts, to develop a plan and programs to promote and support art in Public Places, and to
recommend guidelines and funding for implementation.
(b) It shall be the duty of the Arts Commission to act as an advisory board to the City
Commission in providing advice on matters relating to the visual arts.
(c) The Arts Commission may develop a public art plan and program for the City.
(d) The Arts Commission may recommend funding sources including private sources and
grant funds; encourage public and private partnerships in the arts; review and make
recommendations on proposals for art work for public buildings and public spaces; encourage the
flow of art into the City; stimulate art related activities and events; study issues related to art and
implement art programs as delegated to it by the City's Commission from time to time.
(e) The Arts Commission shall periodically advise the City Commission of its findings or
proposals with respect to the foregoing issues and make recommendations to the City
Commission on any matter referred to it within as much time prescribed by the City Commission.
(Ord. No. 01-64, S 1, 1-2-02)
Sec. 2-156.
Organization.
(a) The Arts Commission shall consist of seven (7) regular members and two (2) alternate
members and serve at the pleasure of the City Commission.
(b) The Arts Commission shall be comprised of seven (7) permanent members, and two (2)
alternate members, all to be appointed by the City Commission. Of the members so appointed,
three (3) shall be for a term of three (3) years, two (2) shall be for a term of two (2) years, and two
(2) shall be for a term of one (1) year. Their successors shall be appointed for a term of three (3)
years. Alternate members shall be appointed for a period of one (1) year. All members may be
reappointed at the pleasure of the City Commission at the termination of their appointment, with
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no limit as to the number of terms they may serve.
(c) Appointees to the Arts Commission shall be residents or business owners preferably with
the following background: artist, art volunteer/activist; planner; private developer; architect;
neighborhood association member; interested citizen.
(d) At the organizational meeting of the Arts Commission, a Chairperson and Vice.
Chairperson shall be selected by majority vote of the Arts Commission. The Chairperson and
Vice-Chairperson shall be selected annually at the anniversary of the first meeting of the Arts
Commission, or at the May meeting of the Arts Commission.
(Ord. No. 01-64, ~ 1, 1-2-02; Ord. No. 04-031, 92,4-20-04)
Sec. 2-157.
Meetings.
The Arts Commission shall meet at an appropriate place and shall arrange a time for holding
regular meetings of the Arts Commission, and for such other meetings as shall be necessary, and
it may add to such rules of organization, regulation and procedure as it may deem necessary and
determine the duties of its members and officers. Other specifications for conducting meetings,
such as the number needed for a quorum, shall be in conformance with F.S. ~ 166.041(4).
(Ord. No. 01-64, ~ 1, 1-2-02)
Sec. 2-158.
Powers.
Nothing in this article shall be construed as restricting or curtailing any of the powers of the
City Commission, or as a delegation to the Arts Commission of any of the authority or
discretionary powers vested and imposed by law in the City Commission. The City Commission
declares that public interest, convenience and welfare required the appointment of the Arts
Commission to act in a purely advisory capacity to the City Commission for the purposes set forth
in this article. Any power delegated here to the Arts Commission to adopt rules and regulations
shall not be construed as a delegation of legislative authority, but purely a delegation of legislative
authority.
(Ord. No. 01-64, 91,1-2-02)
Top of Form
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City Image
Spotlight on Boynton Beach . . . The Gateway to the Gulfstream
A large part of the Arts Commission's future success will depend on its ability to develop
and implement a Public Arts Program that serves to strengthen the City's connection with
its residents, helps to stimulate a community identity and promotes the City as the place
to live, work, play and visit. The program must help to articulate what it is that makes this
City so special, to help define the City's image. So, what is the City's image? The
following 'image statement' begins with a declaration of sorts about the reasons for
promoting such an image and continues with a historical, and yet contemporary,
perspective on all that the City has to offer.
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Arts Commission Image Statement:
To heighten awareness of our City's historical and contemporary personality
by celebrating its diversity and strengthening the City as a destination location.
By vitalizing, stimulating and focusing on cultural interaction, amenities,
education, business growth and economic development, the City will create a
communal sense of pride and civic ownership.
Boynton Beach, which was once one man's dream as a beach hotel destination, soon
became a bustling coastal center of South Florida. Yet, even at the turn of the 21st
century, it retained some of its distinctive farmlands, offering a unique, small town
atmosphere central to South Florida living.
Its proximity to the Gulfstream and easy ocean access make it a prime location for a wide
variety of water activities, while its businesses, public and historical amenities reflect a
metropolitan atmosphere. It is laid back with a touch of sophistication. Boynton Beach is
strategically close to two international airports, three regional airports and two major
seaports, making it easily accessible, whether from across the state or across the globe.
Our dynamic cultural community demonstrates the success of the American Melting Pot.
Whether their origins are Floridian, national or international, residents and business
owners alike have made Boynton Beach their choice for a great place to be for their next
life phase. The City government works closely with the community to ensure that quality
of life is preserved and enhanced, and that growth is beneficial to all of its residents. From
the first settlers that touched the beaches of Boynton to today's international visitors, all
agree, that Boynton Beach truly is a unique jewel on Florida's southeast coast.
New Boynton Beach Tag Line
The Arts Commission recommends the current Boynton Beach tag line be revaluated and
reconsidered. Please refer to the Reference Document: Marketing for more on Tag Lines.
The Arts Commission recommends the following tag line to be considered:
Boynton Beqch... The ffeAR T of the Pq/m Beqches/
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The Arts Commission recommends that it conduct a focus aroul) to validate the
suqqested taq line for the image for the City of Bovnton Beach.
Program Overview
The goal of the Arts Commission is to develop and execute an Art in Public Places
Program for the City of Boynton Beach. The plan begins with an aggressive four-year
funding program to generate capital to establish an Art in Public Places Program
concurrent with, and complementary to, the current rapid growth of the City of Boynton
Beach. The Arts Commission will identify and pursue additional sources of funding to
expand the program beyond the four-year recommendation.
It is the intent of the Arts Commission to recommend a method to obtain the necessary
capital to make an impact in the projects currently slated for development in the City
within the next five years. It is the intent of the Arts Commission to assist developers and
planners dedicated to the development of Art within these projects. The Arts Commission
seeks to establish itself as a valuable resource to which developers and planners can turn
for advice and assistance when incorporating Art into their projects.
The Arts Commission does not intend to function as a type of "Art Cop". However, under
the supervision of the Arts Commission, an independent Artist-Selection Jury will assist in
the art selection process. In addition, the Arts Commission will consult established
county, state and national resources for guidance and information pertaining to the "Call
to Artists" process, fundraising and other program functions.
The Arts Commission will endeavor to provide opportunities for artists of all ages and
racial, ethnic and cultural backgrounds. It will consider art from independent artists as well
as from group art projects and other art programs. It will recommend exhibits, temporary
or permanent, in designated places for public display. The Arts Commission may
integrate the art produced from other City programs into the Art in Public Places
Program. It may also recommend new programs for expansion of the Art in Public Places
Program.
It is the intent of the Arts Commission to develop public art projects that: enhance the
urban environment of public spaces, as well as the visual design form and content of the
City; enhance a particular community, and; enhance the tourist and economic potential of
Boynton Beach and individual sites within the community. It is the intent of the Arts
Commission to create an Art in Public Places Program that will become an effective and
valuable tool in enhancing building projects, green spaces and public areas. The Art in
Public Places Program will benefit the City of Boynton Beach by:
. Enhancing the City's image
. Creating a positive image and identity
. Expressing who we are as a community
. Making Boynton Beach a destination location
. Gaining amenities and appreciative assets
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. Creating investments that will increase in value
. Educating the community
. Creating a sense of civic pride
. Evoking emotion and stimulate community interaction
. Improving the environment
. Increasing quality of life
. Creating a greater cultural base
. Preserving community history
. Attracting the arts, artists and art advocates to the community
. Placing The City Boynton Beach "on the map".
The Arts and Culture Industry is part of the solution
that impacts. . .
. . . Community Revitalization
.. . Economic Development
. . . Quality of Life
. . . Student Achievement
.,. Tourism
Refer to the Reference Document: Making the Case
for documentation on each of the topics that was compiled
by the Florida Cultural Alliance.
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Funding Recommendations and Alternatives
Public Art Fee
The Arts Commission recommends that the City of Boynton Beach initiate a Public Art
Fee to fund the Art in Public Places Program. Since there are many newly planned
projects in the City, a Public Art Fee would establish a financial base for the Arts
Commission to immediately begin the Art in Public Places Program.
This recommendation provides a way for the City to create a balance with the rapid
building growth to ensure that culture is matched with green spaces. Our
recommendations encompass a comprehensive program that would be funded by
assessing Public Art Fee equal to a % of construction value to real property excluding the
land value.
Public Art Programs across the Nation and State of Florida typically have between a 1/2 -
5% Public Art Fee. Since we want to create a program that will eventually self fund itself
we looked at it from a business prospective. If we implement a fee that could be collected
for a limited time period it will give us the seed money to run the program for the future.
In addition to the seed capital generated from the fee we recommend to reserve some of
that money as an endowment (or savings account) in addition to actively seeking grants
and private funding through aggressive marketing and fundraising events.
A. The Arts Commission recommends that a Public Art Fee be assessed equal to 1 %
of construction value over $250,000 of improvements to real property in the City of
Boynton Beach meeting the following criteria:
1) Non residential construction alteration or repair for which a building permit is
required
2) All new residential construction and/or redevelopment for which a building permit
is required
3) All new public construction for which a building permit is required
4) Fees will be calculated on amounts exceeding the $250,000 threshold
Exceptions to Public Art Fees:
. Remodeling, repair or reconstruction of structures damaged by fire, flood. wind,
earthquake or other calamity determined by the City of Boynton Beach building
official.
. Construction less than $250,000.00
Public Art Fee shall be collected by the Building and Code Compliance Department at the
time of permit issuance.
Where does the money get spent?
The total 1 % Public Art Fee funds would be dedicated at 70% to the construction of art in
a given project and 30% to run the Arts in Public Places program. At the suggestion of the
CRA director, Doug Hutchinson, the Arts Commission is recommending to adopt an
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endowment program with the Public Arts Fees collected for future program funding.
A. Create a Public Art Fund which is administered by the Arts Commission board and a
Public Art Administrator to consist of all contributions received from art fees for
development, redevelopment, cash grants and donations to the City for public arts
projects from public or private resources and all the funds allocated by the City though the
budgetary process for the provision of public art.
The Arts Commission recommends 30% of the total fee to run a Public Arts Program.
These funds will be designated to run the entire program and cover:
· Administration of Art Fund and Art in Public Places Program, including Public
Art administrators salary, record-keeping such as registration, maintenance,
renovation, insurance, etc.
· Art for publicly owned properties to include:
Site preparation, installation, insurance, maintenance and renovation
· Marketing and Advertising of the Art in Public Places program
· Acquisition, siting, decommissioning
· Art programs and events with a cultural emphasis that draw community
pa rtici pat ion
· Artist and artwork selection-related expenses
. Endowment program
B. Art Proiects in Developments
As we stated 70% of the 1 percent Public Art fee will STAY in the project and dedicated
towards the development and construction of the art.
The Arts Commission worked with Planning & Zoning to ensure that the building process
is not inhibited by the development of art in the project. We support their recommendation
for a bonding option, which states:
Certificates of Occupancy will not be issued until completion and installation of all Public
Art requirements are met. The Developer may, at his option, post 110% surety for work,
which may be more prudently put in place subsequent to building construction with a
required completion deadline of 60 - 90 days.
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Art in Proiect Alternative
The Arts Commission recommends that a Public Art Fund be established as a depository
for public art fees paid by City departments and private developers to secure a building
permit from the City of Boynton Beach. For the private sector, this fee may be refunded in
part if an artwork has been either placed on the development site or donated to the City.
The Public Art Fund schedule for private sector developers who wish to participate in the
alternative program shall be as follows:
1) 7/10 of 1 percent of construction costs (as defined above)
to artwork on site or donated to the City (refundable upon
completion and installation or receipt of approved donation)
2) 3/10 of 1 percent of construction costs (as defined above)
to Public Art Fund (non-refundable)
The fee remains in the Public Art Fund for the discretionary use of the Arts Commission
should the developer elect not to participate in the program. City generated funds are
typically tied to the construction site, but unspent project specific funds may be pooled
with other unspent funds and used for off site projects.
Developer Options
1) Artwork on Site
Upon assessment of the public art fee, the Developer may elect to site a
permanent public artwork as part of the development project. Using this option, the
Developer may:
. Elect to site permanent public artwork as part of the development project
and utilize the Arts Commission's assistance to develop the Art in the
project or;
· Select artist directly to execute a project that meet specific art criteria or;
· Hire a professional consultant to select artists to commission site-specific,
architecturally integrated artworks that meet specific art criteria or;
. Purchase artworks for permanent installation.
Artworks may be:
. Singular, discrete objects (sculpture);
· Artist designed amenities (streetscapes, paving treatments, lighting
standards and treatments, benches, way finders, architecturally integrated
water features, artist designed landscape treatments or other artist
designed amenities or aesthetic treatments);
· Artworks must be located in publicly accessible locations.
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The Artwork on Site approach benefits the Developer to:
. Create a positive relationship with the community
. Attract visitors to the Art project therefore the development
. Provide a competitive edge
. Create a signaturel identity for the project
2) Art Donated or commissioned to the City of Boynton Beaches Art in
Public Places Program
Upon assessment of the public art fee, the Developer may elect to purchase an
existing artwork or commission an original artwork for donation as a gift to the City of
Boynton Beach's public art collection. Donations to the City are reviewed by the Arts
Commission to determine the aesthetic quality of the donation, the work's maintenance
requirements and the appropriateness of the donation to the overall goals of the Art in
Public Places Program.
This approach allows the Developer to:
. By-pass the commission or purchase and subsequent installation of the
artwork on the property;
. lr.crease public awareness of the Developer and development as civic
benefactors.
3) Fees in lieu of Artwork on Site
Upon assessment of the public art fee, the Developer may elect to pay the fee to
the Public Art Fund with no intention of placing artwork on site or donating a work
of art to the City. Funds are subsequently used by the Arts Commission on publicly
sited projects of its choosing.
This approach allows the Developer to:
. By-pass completely the public art process.
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SITE CRITERIA FOR DEVELOPERS
A. Eligible Public Art Location
. Such facilities include commercial or residential buildings and adjoining
plazas, parks, greenways, sidewalks, traffic islands, roadways, public
buildings, lobbies, courtyards and towers, etc.;
. Spaces may only be accessible to the public;
. Locations can include surface treatments of buildings, retaining walls
and bridges. The definition of "location" can also be expanded by an
artist's ability to extend the possibilities for public art, and would then be
determined on a case-by-case basis;
. Projects can also include artist-designed features that might otherwise
be provided by commercial sources, such as gates, water fountains, tile
and surface materials, doors, furniture, clocks, lighting fixtures, railings,
signage, etc.
B. Eligible Public Art Components
On-Site Art in Public Places
The Arts Commission is receptive to the broadest definitions of art and encourages
imaginative interpretations of media. The possible media and materials, which might
be used for permanent or temporary installation, decorative or functional purpose,
include:
. Sculpture: Free-standing, wall supported or suspended; kinetic,
electronic, etc., in any material or combination of materials;
. Painted and mosaic murals;
. Earthworks, fiber works, neon, glass, mosaics, photographs, prints,
calligraphy, any combination of forms of media, etc.;
. Standardized fixtures such as gates, streetlights, signage, etc., may be
contracted to artists for unique or limited editions.
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BUDGETARY GUIDELINES FOR DEVELOPERS
A. Eligible Costs
All artworks created by artists are considered eligible expenses for the Art in Public
Places Program as well as the following:
. Structures, which enable the display of the artwork(s);
. Artist's budgets for projects, which will be expected to cover:
. Professional fees for the artist(s)
. Labor of assistants, materials and contracted services required of the
production and installation of the artwork
. Any required permit or certificate fees
. Business and legal costs directly related to the project
. Studio and operating costs
. Communication and other indirect costs (insurance, utilities, etc.)
. Travel expenses of the artists for site visitation and research
. Transportation of the artwork to the site
. I nstallation of the completed artwork
. Documentation of the artwork (color slides, etc.)
B. Ineligible Costs
. Directional elements such as super graphics, signage or color-coding
except where these elements are integral parts of the original work of
art;
. "Art objects" which are mass-produced of standard design such as
playground equipment, fountains or statuary objects;
. Reproductions, by mechanical or other means, of original works of art,
except in cases of film, video, photography, printmaking or other media
arts;
. Decorative, ornarr.ental or functional elements that are designed by the
building architect as opposed to an artist commissioned for this purpose;
. Landscape architecture and landscape gardening except where these
elements are designed by the artist and/or are an integral part of the
work of art by the artist;
. Services or utilities necessary to operate or maintain the artwork over
time.
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ART IN PUBLIC PLACES ART SELECTION GUIDELINES
The following are specifics that will guide the art selection process. The Art selection
process is very similar to the architecture and construction of a building. Our reference
document provides detailed examples of this process.
. Will the art component be concentrated in one area or distributed throughout
the public spaces?
. Is the proposed project/program a collaborative effort? If so, specify the
participants, responsibilities, and proposed arts budget allocation to non-arts
components, if applicable.
. How will the art component function within the whole development? Activate a
space? Provide a landmark? Serve a function (gateway, seating, etc.)?
. Who are the primary and secondary audiences for the artwork or cultural
program (pedestrians, building users, tourists, automobile traffic, etc.)?
. How has the anticipated audience influenced your choice of artwork?
. If applicable, describe plans for artwork to conform to necessary safety and
functional requirements. Who will assist on these requirements?
. Describe plans for fabrication and installation of the artwork.
. Describe needs and plans for ongoing maintenance or program development
responsibilities.
. Please submit 50 percent schematic design, with model, if appropriate.
Refer to the Reference Document: Criteria and Evaluation Tools for more on this topic.
VII. PRIVATE OWNERSHIP AND MAINTENANCE REQUIREMENTS
A. Maintenance
All privately sited artworks shall remain the property of the owner for the life of the
Certificate of Occupancy. Details are explained in Other Program Considerations.
B. Location, Installation and Identification
. Artworks for public and private projects must be located in an exterior area,
which is accessible to the public at all times.
. Installation of the artwork should be planned to complement the work and
allow for unrestrained viewing from a variety of vantage points.
. Potential obstruction of growing trees, shrubbery, or future construction
should be taken into account.
. The artwork shall be a permanent, fIxed as~et to the property. A plaque
stating the artist's name, artwork title, shall identify each artwork and date
the artwork was dedicated. The plaque will be placed in an appropriate
location near the artwork that can be easily accessed by pedestrians.
C. Private Placement
. On-Site: The artwork shall be displayed in one or more of the following
locations on the site of the commercial structure:
· Architecturally integrated into the structure or hardscape.
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. Placed as a discrete object in any exterior location open and
available to the general public, in a manner, which complements the
artwork and site.
. Off-Site: At the request of the applicant for a Certificate of
Occupancy, the artwork may be located on a site other than that of
the development provided, however, that the site is selected by the
Arts Commission.
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Art Commission Services
The Services the Art Commission proposes to provide:
The Arts Commission recommends that it become an integral part of the development
review process for any new or major modification to a project. The goal is to make
recommendations for the inclusion of Art into the project from the planning stage, and to
manage the Artwork's creation and execution so that it will enhance the project, provide
positive community relations and attract its target market as well as visitors to the project.
Some of the services the Art Commission proposes to provide are as follows:
The Arts Commission will participate in the development review process by
creating an Art amenity that will have positive impact on the project, to attract its
target market, generate good community relations and motivate visitors to the
project
The Arts Commission will create a positive public relations progralTl based around
the art and highlight it through events
The Arts Commission will work with engineers on safety, installation and permit
issues.
The Arts Commission will provide legal documents necessary to include art in
projects
The Arts Commission will work with city departments to consult and manage the
installation of the art piece in project
The Arts Commission will provide a tax write off on the portion of the project that is
dedicated to the Art.
The Arts Commission will provide ongoing supervision and recommendations for
the maintenance of the Art in the project; however the project owners association
will be responsible for maintenance costs.
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Process Outline
A. Pre Application Review Meeting
At this meeting, many city departments review the preliminary site plan of a project.
Typically, the following boards/department representatives are in attendance, along with
the builder or builder's agent:
* Building
* Public Works/Utilities/ Fire
* Engineering
* Planning Staff
The Arts Commission recommends that at least one of its members attend these
meetings to review the projects. As the project is discussed, the Arts Commission
member can provide feedback and contribute ideas to the plan where Art is concerned.
The Arts Commission recommends that the following information be obtained at this
meeting and included on the Planning & Zoning Standard Review Comments form:
1 ) I mage for project
o Design intent or concept for project?
o What is the concept or design of the project?
o What will the project portray?
o What will it represent?
2) Specs for project
o What elements (materials, construction methods, dimensions,
etc.) will the project encompass?
o What amenities will it offer?
3) Budgets designated
o What are the preliminary construction costs?
o What is the overall (construction) cost of the project?
o What, if any, costs apply to the Art in the project?
4) Marketing objectives
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o What market will the project target?
o What is the demographic profile for the residential and/or
commercial project?
B. FTR- Final Technical Review
Meeting that determines and defines the specifications for the project. Costs for project
are defined and budgets set.
The Arts Commission will playa part in the review where Art in the project is concerned.
C. Site Plan Submitted - Site Plan Approval
At this stage. the Arts Commission recommends that coordination take place with
architects and planners on timing, delivery and installation of the Art in the project
D. Scheduling fundraising and unveiling event
The Arts Commission recommends that it assist and coordinate with other City
departments, developers and the Chamber of Commerce to coordinate an Art
unveiling/fundraiser event. This will be a key way to raise funds for the Art in Public
Places Program and to provide the project with positive press and advertising.
E. Maintenance
The Arts Commission recommends that the project's property owner's association
maintain the Artwork, once in place. The Arts Commission will work with the City Attorney
and Finance Department to develop the appropriate language and budget allocations to
integrate into the association regulations that will provide for the proper maintenance of
the Art in the project.
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BOYNTON BEACH
RECOMMENDED PUBLIC ART
SELECTION PROCESS
City Commission
. Approves Arts Commission guidelines
. Allocates art percentage
City
. Approves/executes artist contract
City Planning DeptlCRA
. Notifies Arts Commission of (re) development
project and conceptual plan
Arts Commission and City Staff
. Affirms artist recommendation
. Negotiates artists contract
Arts Commission
. Defines project budget. parameters and selection
process
. Issues call for artists
. Recommends and appoints Juned Artist Se!ectlon Panel
Arts Commission
. Reviews artist recommendation
. Transmits artist recommendation to
Technical Review Board
Juried Artist Selection Panel
. Interviews artists, reviews proposals
. Recommends artist for project
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Art Procurement Process
Methods to Procure Art in Public Places
The Arts Commission will consider the following methods for acquiring art for the purpose
of Art in Public Places Program:
Direct purchases
This is defined as the purchase of existing art pieces created by locally, nationally
and internationally recognized artists for placement in the Arts in Public Places
Program.
Commissioning
This is defined as commissioning newly created art pieces from artists locally,
nationally and internationally, for placement in the Arts in Public Places Program.
The Arts Commission will host a Call to Artists process to obtain the Art for a
specific project. The Arts Commission will act as a design team bringing Artists,
architect and design professionals together to work on an overall design of a site
or major project.
Gifts
Art can be donated to the Art Commission for its Art in Public Places Program.
Gifts are tax deductible and must meet the same criteria that other art projects are
required to meet.
Temporary Lending Program
The Arts Commission will initiate a temporary Art in Public Place program. It will
identify and designate areas in the City for rotating art placement and qualify art for
placement in these areas.
Coordinate with other City programs
The Arts Commission can coordinate with other City programs such as Schools,
Parks & Recreation, The Arts Center, Schoolhouse Children's Museum, The Civic
Center, The Library, The Hester Center, The Wilson Center, Sister Cities,
Neighborhood Associations, Organizations, Neighborhood Art Gallery, etc., to
enhance and display art created within these programs. In addition, the Arts
Commission can accommodate these programs by placing art on display at or in
facilities, or on behalf of, on a permanent or temporary basis.
Regional, National and International Rotating Art Exhibits
The Arts Commission will recommend, procure and designate locations for
display of traveling art exhibits.
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Recommendations
The Art Commission proposes the following considerations when purchasing,
commissioning, placing and decommissioning art in Public Places:
Does the Art...
. Enhance the City's image
. Create a positive image and identity
. Express who we are as a community
. Make Boynton a destination location
. Provide investments and amenities that will increase in value
. Educate the community
. Create a sense of civic pride
. Evoke emotion and stimulate community interaction
. Improve the environment
. Enhance the quality of life
. Create a greater cultural base
. Preserve community history
. Attract the arts, artists and art advocates to the community
ART FORMS
The Arts Commission will initially focus on Visual Art. Once the Art in Public Places
Program is established, it may recommend that its focus be broadened to include other
art forms such as Theater, Music and Dance, etc.
WHAT IS VISUAL ART?
The following are generally considered examples of the Visual Art the Arts Commission
will focus on:
Primary Focus
. Two Dimensional
. Three Dimensional
. Mixed Media
. Kinetic
. Film & Video
. Computer Generated
. Installation
. Functional
Secondary Focus
. Events & Festivals
. Education
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Examples of Visual Art
Boynton Beach Arts Commission
Guidelines and
Recommendations
The following are examples of Visual Art and their budgets in other cities
Art in Public Places Programs:
The following examples are courtesy of the Miami-Dade Art in Public Places permanent
collection. Estimated budgets are highlighted in red---please note, these are only estimates, not
exact figures for their current worth. Because these pieces are site specific and will always remain
part of the Miami-Dade Art in Public Places permanent collection, they do not have an accurate
estimate of what the pieces are worth today. As well, there are no comparables to base the
current cost/worth estimates of these pieces.
Carlos Alves
"La Palma," "Ventana Solar,"
& "Porton de Sentimientos" 1994
Ceramic tile & mixed media
Calle Ocho (Eighth Street) Metrorail Station
$65,000
A Miami ceramist, Carlos Alves used found
objects and broken tiles to create three unique
installations at the Eighth Street Metromover
Station. On the south side of the station, "La
Palma" (The Palm) rises from ground level to the top of the station. Alves references the
poetry of Jose Marti in which the royal palm represents freedom. On the north side,
"Porton de Sentimientos" (Gates of Sentiments) symbolizes the gateway to Calle Ocho.
Using recycled ceramics and items embedded in clay and collected from Calle Ocho
merchants, ''Ventana Solar" (Solar Window) represents a Cuban colonial window.
Karel Appel
"Tulip" 1984
Aluminum, painted
West Dade Solid Waste Transfer Station
$40,000
Hand-painted by the artist in bright hues, "Tulip"
is Appel's first large-scale sculpture. This
abstracted tulip is fabricated in aluminum,
painted in vivid colors, and located at the Solid
Waste Transfer Station on a grassy knoll. Appel
began his artistic career in The Netherlands, was the founder of COBRA, an art
movement based on color and a precursor of Pop Art, and now works out of New York.
Page 32 of 64
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Roberto Behar & Rosario Marquardt
"M" 1996
Concrete, stucco & clock
Boynton Beach Arts Commission
Guidelines and
Recommendations
Riverwalk Metromover Station
$90,000
Designed as an entranceway to the station, the 45-
foot-tall "M" integrates the street with the lofty eight-
story station, creating an intimate scale. The
monumental structure, commissioned for Miami's
centennial, is located on the historical riverfront site
where Julia Tuttle's homestead once stood and
serves as a tribute to and celebration of Miami.
Alexander Stirling Calder (after)
Delights and Terrors of the Sea,
1983
Cast stone Vizcaya Metrorail Station
$60,000
In 1915. James Deering
commissioned renowned sculptor
Alexander Stirling Calder (1870 - 1945) to create a major installation for Villa Vizcaya.
Calder created a series of mythical mermaids and mermen to adorn the villa's Great
Stone Barge that lies a few feet off shore in Biscayne Bay.
For the entrance to the Vizcaya Metrorail Station, contemporary artist Mark Jeffries
replicated Calder's sculptures in cast stone. Using special molds, each replica was
formed with a sand-based aggregate and then resculpted by Jeffries to sharpen timeworn
features. The Calder sculptures were integrated into a modern fountain.
Alexander Stirling Calder was the father of Alexander "Sandy" Calder, known for
inventing the mobile and as a pioneer of Kinetic art.
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Rockne Krebs
The Miami Line
Neon
Location: Spanning the
Miami River, Downtown
Miami
1984 and 1988
1984 $49, 740 and 1988
$17,000. Maintenance of this
piece is at least $12,000 a year
Boynton Beach Arts Commission
Guidelines and
Recommendations
The Miami line is a 1540-foot-
long neon sculpture spanning
the Miami River created by
Washington-based artist
Rockne Krebs. Since its creation, The Miami line has become a signature element of the
downtown Miami skyline and has been featured in countless photographs. Stated Krebs, lithe
Miami Line was conceived as a means to generate visual drama and create an identifying
elemen~ which is, unique to Miami by simply --~El~~~
enhancmg what IS already present." F""""'r
Krebs created the first phase of The Miami Line in .
1984. It was 300 feet long. Due to its great
popularity, the piece was greatly expanded in 1988.
Gary Moore, Gerald Marston & WRT Inc.
"Ninth Street Pedestrian Mall" 1995
Rustic terrazzo, dyed concrete unit pavers,
bronze inserts & landscaping.
Historic Overtown, Downtown Miami
$60,000
The Ninth Street Pedestrian Mall, an innovative
collaborative infrastructure project, spans Ninth
Street from First to Third Avenues, and the Mstrorail
guideway from 8th t010th Streets. The main plaza is
constructed of rustic terrazzo in vibrant oranges,
yellows, blues and greens, punctuated with casual
clusters of seating, whimsical light poles and
commemorative bronze medallions celebrating the
history and heritage of the Overtown Community.
Concrete block pavers in a pattern inspired by
African Kente textile weavings create a colorful rail
plaza. Future planned additions to the mall include
streetscapes for the historic Overtown Folklife Village, a multi-use performance plaza for the Lyric
Theater, basketball courts and a sculptural Overtown Tower.
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Edward Ruscha
'Words Without
Thoughts Never to
Heaven Go" 1985-
1989
Acrylic on Canvas
Main Library,
Downtown Miami
$280,000 (amount
includes lunettes and
main piece in
rotunda)
Boynton Beach Arts Commission
Guidelines and
Recommendations
Edward Ruscha is
best known for his
exploration of the
meaning and power of words. In this, his first public art commission, Ruscha took a quote
from Shakespeare's Hamlet, 'Words Without Thoughts Never To Heaven Go," floated
each word separately on a sky-like ground, and installed the 3600 mural in a California
artist continuous frieze in the first floor rotunda.
In a second phase of the commission, Ruscha designed sixty related lunettes (moon-
shaped paintings) for placement throughout the library's two floors. The backgrounds of
the lunettes are painted black, white, and gray, contributing to a unifying theme reflecting
the spirit of black ink printed on white paper. These works contain provocative and
whimsical bits of language, serving to stimulate library users' thoughts about the nature of
language and linguistics.
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Boynton Beach Arts Commission
Guidelines and
Recommendations
Beryl Solla
Top Ten Things, 1994
Ceramic mural
St. Agnes Rainbow
Village
$11,000
John Andrew Smith
Martin Luther King, Jr., 1982
Sheet Copper, Bronze
Dimensions: 104 x 29 % x 58
Location: Martin Luther King Park, 32nd Avenue
& NW 62nd Street
$10,000
Miami artist John Andrew Smith created the 1 Q-foot-
tall bronze and copper statue of Martin Luther King,
Jr. for the park of the same name. Stated the artist,
"The statue of the slain civil rights leader and Novel
Peace Prize Winner was originally commissioned as
a life-sized replica of Dr. King. As time progressed, it
seemed as if the sculpture would be twice the size of
life."
Top Ten Things is a
handmade ceramic tile mural
created by artist Beryl Solla for the St. Agnes - Rainbow Village Family Development Center
located at 321 NW 20th Street, Miami. Children and adults from the local community participated
in making ceramic shapes for the mural. Their artwork, along with the artist's large ceramic
shapes of toys and tools, work together to address the issues of community learning, play and
joy. The finished mural is an arch SIX feet wide by eighteen feet tall.
Beryl Solla has worked on large-scale public art and community-based art projects for over ten
years. She has always felt that Public Art projects should be community-based and reflect the
needs, interests and history of the community in which it is placed. She strives to engage the
community in her sculpture either conceptually or directly
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Elyn Zimmerman
"Keystone Island"
1989
Cut keystone,
concrete, metal and
natural pond
North Dade Justice
Center
$262,527
Boynton Beach Arts Commission
Guidelines and
Recommendations
This environmental
artwork creates a
contemplative area
where people can relax
and enjoy the natural
wildlife of South
Florida. Utilizing
indigenous coral
keystone, the artist created "Keystone Island" as a link between heavily traveled US 1 and
a natural mangrove habitat. Zimmerman is inspired by Zen gardens and tantric principles.
Web Site
@ 2002 Miami-Dade County.
All rights reserved.
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Boynton Beach Arts Commission
Guidelines and
Recommendations
Tampa Public Art
The following art examples of Art in Public Places
in the Tampa area.
- '.-,
"
':~'. ..It'''' . '..
. ... 'i" .....,
, .:.,., "'. '." 'A"
. " ~ .~.. /,'~ ;. : " .',.
,. ", ""',''';.,)'' ~
. ...' ;..-:l
:It ". . r.~' -< '~~
Robert Calvo
Arcade, 1990
Steel, Wood
Two bridges, 5' x 35'
AI Lopez Park
Calvo's artwork, a set of two cor-ten steel and
wood pedestrian bridges within the grounds of AI
Lopez Park, serve to emphasize a particular part
of the park demarcated by two creeks. The
bridges serve as portals or gateways for the
pedestrians utilizing the site, evoking both a sense
of place and the passage of time.
,
i";"I~'
.,
-
II!
- -
Connie Lloveras
Ybor City Streets cape,
2000
Granite and paving stones
123 tobacco-shaped leaves
of variable dimensions
7th Avenue, Ybor City
Photo: Copyright 2000 Steven
Traves
These depictions of tobacco
leaves, scattered along the
Seventh Avenue streetscape,
serve to integrate the economic
and cultural history of Ybor
City. Each leaf contains a
quote from long time resident
Ferdie Pacheco.
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Boynton Beach Arts Commission
Guidelines and
Recommendations
John Rogers,
Great Ball of Pliers
2003
Powder coated galvanized steel, aluminum,
safety-red pliers, diachronic glass, and cables
3806 E. 26th Avenue and 40th St.
Artist Concept:
Great Ball of Pliers is a three frequency geodesic
sphere constructed from 270 steel struts connected
by 96 red safety pliers. At 24' high & 14' in diameter,
the sculpture serves as a symbolic marker placed at
the corner of East 26th Ave. and 40th Street, for the
Department of Public Works (DPW) yard. My
objective was for the sculpture to be humorous, fun,
and mysterious while implying deeper meanings.
Starting in late 2001, and ending in 2003, this
project was two years in the making and included
three different design phases & reviews. The initial
concept was to explore ideas using equipment that
the DPW uses, such as traffic cones or street barriers, and assembling them in a sculptural way.
When for various reasons these were abandoned, the search began for an image that relates the
processes of the DPW and visually acknowledges their role in the interconnection between
mechanical infrastructures that create the fabric of our society.
While exploring these ideas it occurred to me that the geodesic form is a perfect symbol to
represent these interconnections (by connecting three different size triangles the sphere is born). I
felt that using pliers as the triangle hubs was a good way to represent the hand of man. Pliers are,
after all, a universal symbol of assembly and construction.
There are other visual and metaphorical layers to the Great Ball of Pliers. First, due to the
supporting framework, there is the illusion of movement for the drive-by viewer-as though the
sphere is rotating in its cradle. The sphere is supported by a central stanchion via cables that also
help to form a network of supports for triangular pieces of cyan diachromatic glass. Arranged in a
circular pattern, the glass reflects moving colors created by the passing sun and makes every
view different for the passers-by. I liked the idea of the sphere surrounding, protecting and
supporting a material that represents illumination.
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Boynton Beach Arts Commission
Guidelines and
Recommendations
Temporary Lending Program
This is an example of a piece of art that is on loan to the City of Boynton Beach. The Arts
Commission recommends that they will expand on this program.
Rick Beau Lieu's turtle bronze sculpture in the City of Boynton Beach lobby.
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Boynton Beach Arts Commission
Guidelines and
Recommendations
Call to Artists Procedure and Artist Selection Methods
Art Jury Committee/Panel
A jury is selected by canvassing art professionals that will make up a credible panel for
the purpose of judging art for the Art in Public Places Program. The panel will consist of
curators, architects, artists, teachers, photographers, writers and other art professionals
who have established notoriety and National or International accomplishments. The Arts
Commission recommends in the case of a Call to Artists for a developer project that a
City Representative, CRA Representative and a developer representative become
members of the Jury Panel. This jury will be selected and managed by the Arts
Commission. Once a Call to Artist is initiated and proposals are collected, the Art Jury
Committee will receive the applications from the Arts Commission and narrow down the
candidates to the designated number. The Arts Commission will then send a letter to
each candidate to alert him or her of the next step (outlined in "Call to Artists"). The
candidates will then meet the next level of criteria and submit materials for final judging.
The Art Jury Committee will receive this material, review it and set up a one on one
interview with the artists to have them present the project. The Art Jury Committee will
select a finalist and present the finalist to the Arts Commission. The Arts Commission will
announce the finalist, have the selected artist, and project officially made known.
ARTWORK SELECTION
A. Selection Criteria for Artists
General criteria to consider in selecting artists for public or private projects should
include:
1. The aesthetic and technical quality and originality of the artist's previous work as
evidenced by slides and other supporting materials;
2. The artist's previous experience with public art projects of a similar scale and
scope;
3. The artist's demonstrated ability to execute and complete a project in a timely and
professional manner;
4. The artist's ability to communicate ideas verbally and visually, and work effectively
in a team environment;
5. The appropriateness of the artist's proposal to the particular project and its
probability of successful completion;
6. A wide variety of nationally known artists as well as local artists.
B. Selection Criteria for Artwork
General criteria for the Commission or Developer to consider in selecting artwork for
public or private projects should include:
1. Quality: artwork demonstrates originality, artistic excellence, and quality;
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Boynton Beach Arts Commission
Guidelines and
Recommendations
2. Media: all visual forms and media may be considered, subject to the selection jury
or the Arts Commission;
3. Style: artworks of all schools, styles, and tastes should be considered;
4. Response to Site: artworks and art places should be appropriate in scale, material,
form, content, and value for the immediate, general, social, and physical
environments with which they are to relate;
5. Team Approach: encourage the early involvement of the artist as a member of the
project design team of architect, engineer, landscape architect, etc.;
6. Durability: consideration should be given to structural and surface integrity,
permanence, and protection against theft, vandalism, weathering, excessive
maintenance and repair costs;
7. Elements of Design: consider that public art, in addition to meeting aesthetic
requirements, may also serve to establish focal points, terminate areas, modify,
enhance, or define specific spaces or establish identity;
8. Public Liability: artworks and art places should be examined for unsafe conditions
or factors that may bear on public liability;
9. Diversity: strive for diversity of style, scale, media, artists, community values, forms
of expression, and equitable distribution of artworks throughout the City.
C. Selection Methods
Artworks for private projects may be selected in a variety of methods. In addition to
advertising of projects, the planned Art in Public Places Program Artist Registry will be a
resource for the review and direct selection of an artist or artwork. Selection methods may
include but are not limited to:
1. Open Competition: The project is advertised locally, regionally, nationally or
internationally and through the planned artist data bank. Interested artists may
submit materials for review, which include slides, letter of interest, resume and
supplementary materials such as reviews, articles, books or brochures.
2. Limited Invitational: A selected number of artists are invited to submit materials for
review. Artist finalists may be selected to submit detailed models for the project for
which they will be paid a fee.
3. Invitation: One artist is invited to submit materials for review, and may be
commissioned to create a detailed proposal.
4. Direct purchase: An existing work is purchased for a specific project.
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Boynton Beach Arts Commission
Guidelines and
Recommendations
ARTIST SELECTION METHODS
Private Development Process
1. Public Art Developers Guide received upon contact with Planning Department;
2. Arts Commission contacted;
3. Public Art fees paid to receive building permit;
4. Pre-Design consultation with Arts Commission member(s);
5. Artwork site/artwork selected;
6. Art in Public Places application submitted;
7. Review/aoprovals of artwork site and artwork (Arts Commission and appropriate
city staff);
8. Artist/artwork commissioned/donated/purchased;
9. Artwork installed;
10. City notified of completion/Certificate of Occupancy application;
11. Application for return of refundable portion of public art fee.
Commissioned Art Procedure
City or Developer meet$ with Arts Commission to review the project and its specs. This is
where we get the following information and evaluate the proposed project. It is a fact
finding and information sharing session. The Project Manager or developer will give
information about their intent and scope of the project. The Arts Commission will provide
feedback on the art participation in the project. The Arts Commission member present at
the meeting will bring the following information back to the Art Commission meeting for
discussion:
. Description of the project
. Target Market for Project
. Specs of the Project
. Timeframe
. Budget for the project
The Arts Commission will prepare the projects criteria, evaluate whether the project will
need to incorporate art as a purchase or commission. If a commission is determined then
the Arts Commission will initiate a "Call to Artists".
A "Call to Artists" is a process in which artists locally, nationally or intsrnationally can
submit via application process their credentials and materials to determine eligibility for
the project. They are competing for the award to produce the Art in Public Places project.
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Boynton Beach Arts Commission
Guidelines and
Recommendations
The Arts Commission prepares project criteria and determines the scope of the Call to
Artists contest. A database will be managed, of artists, organizations and associations in
which the Call to Artists can be executed. The Arts Commission will determine the scope
of the project and whether the Call to Artist should be limited to local artists or opened to
national and/or international artists. The Arts Commission will then define the project and
prepare a document that details the project. The criteria will depend upon the level of
scope of artists the Arts Commission wants to "Call". The preliminary "Call to Artists"
information should include:
. Project title
. Project goals/budget
. Artist Eligibility
. Criteria Guidelines
. Application Process
. Selection Process
. Submission guidelines and mailing instructions
. Entry deadlines dates
. Finalists Responsibilities
Once this information is determined, the Arts Commission will contract a design firm to
produce graphics for the initial "Call to Artist" information. The first release is designed to
get an initial interest and awareness in the project.
*This is demonstrated by Article labeled "Call to Artist" interest info in the Research
Document.
The information can be distributed through mailings, posted on the Arts Commission web
site, through news releases targeted towards existing associations, organizations and
publications. The interested parties reply to the mailer requesting a Preliminary
Submission Form. The article in the Research Document is an example of a preliminary
"Call to Artists". This information can be obtained by either mailing the info to the artist or
by downloading a pdf from the Arts Commission web site. This is step two of the art
selection process. The forms ::Ire completed by the Artist and submitted by the deadline.
The applications are reviewed by the Art Jury Panel, which narrows down the candidates
to the designated number. The Arts Commission will then send a letter to each candidate
to alert him or her of the next step. This step will require a complete proposal for the
project meeting all of the projects criteria. In addition, the artist will be required to create
a maquette or mock up of the project. The artists are paid a fee to create a maquette or
mock up of the project. The information that will be required in this proposal is:
· How the artists work relates to the site and the design addresses the site needs
. How the artwork meets the criteria for the project
. What interests the artist about the project
· Proposed materials samples
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Boynton Beach Arts Commission
Guidelines and
Recommendations
. Itemized budget estimates including liability insurance during the contract
period.
. Specific maintenance requirements
. Timeline of development, fabrication and installation
The Art Jury panel sets up a one-on-one interview with the artists to have them present
the project proposal. The Art Jury Panel will select a finalist and present the finalist to the
Arts Commission. The Art Commission will release the finalist and have the selected
artist and project officially announced. The Artist then is contracted to do the project and
the project is processed through the technical review board and permit process.
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Boynton Beach Arts Commission
Guidelines and
Recommendations
Legal Recommendations
Contracting with Artists
The City shall develop a standard form for contracting with artists. The scope of work,
schedule and payment schedule shall be adapted for each project. The Arts Commission
together with the City Attorney and the Finance Director shall negotiate each contract.
The City Manager and the City Commission must approve final contracts.
The Arts Commission will select the art. The City will determine the process for the
expenditure of the funds.
Artists' Fees
Artists shall be paid for all creative work requested by the Arts Commission. Artist fees
are defined as the payment by the City or developer to the artist for professional services
exclusive of other project costs such as materials and other labor, studio, overhead, travel
and per diem expenses. The following factors are intended as guidelines for determining
the artist's fee:
. Scope of work and length of artist's involvement
. Project budget-fee ranges (usually based on a percentage of the total artwork
budget)
. Artist's experience and professional standing
. Fee scale for similar scopes of work on comparable projects (The Arts
Commission could develop flexible scale recommendations based upon similar
projects)
Outline Contract
Outlined below are the various sections, which are typically included on an artist contract.
Those, which are considered "boilerplate", will not be discussed in any detail; the City will
have its own version of these sections.
Header:
The header provides basic information used for administrative purposes, such as the
project name and number, contract number, funding source and expiration date of the
contract.
Title:
Title describes the type of contract, centered and highlighted in some manner. Some
typical examples, with a brief description of the agreements, are:
. Sited Artwork Commission Agreement: for the fabrication and installation of
permanent artworks being located at a specific location(s).
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Boynton Beach Arts Commission
Guidelines and
Recommendations
. Portable Works Purchase Agreement: for the creation of portable artworks, such
as a painting, sculpture, glass or ceramics, of a sufficient monetary amount
requiring a contract.
. Agreement for Design Services: for services resulting in an artwork proposal,
construction documents for an artwork, an art plan, or some other design not
resulting in an artwork product within the terms of this agreement (a Sited Artwork
Commission Agreement might follow).
. Agreement for Collaborative Design Services: for an artist's work on a design team
project, again resulting in an art plan or artwork proposal, but no final artwork
created within the terms of this agreement.
Contents of Agreement:
Names the various parts of the contract: Scope of work, Compensation Terms, Standard
Terms (boilerplate) and attachments.
Term of Agreement:
Provides the expiration date of the contract. Allow time after completion of the scope of
work for any other deliverables to be submitted and other administrative details which
may have to be handled prior to closing out a contract.
Scope of Work:
This section should be as complete as possible. It spells out the artist's obligations and
the expectations for his/her work. It is not simply a description of the artwork/services the
agency is purchasing, but an outline for the work the artist is performing. It gives the Who,
What, Where, Why and How of the work the artist will execute and that is being
purchased.
Here are descriptions for scope of work for two commonly written types of agreements:
. Design Services: In this type of contract, it will be specified with whom the artist will
be working (with other departments, designers, community members), what the artist
will be producing, where the artist will perform the work (are they traveling to your
jurisdiction, is the a residency?), for what purpose (to develop an art plan, to design
artwork. etc.) and what schedule will he/she follow.
. Artwork Commission: This is often a fabrication contract; sometimes it includes
design development and fabrication.
o Specify whether this is a sited, site-integrated, portable work or other type of
artwork, and what aspect of the site is part of the artwork, defining the type of
artwork will help to define the extent to which the Visual Artist Rights Act
(V ARA) applies to this artwork should it, or its site. need to be modified.
o Include a detailed description of the artwork. If you want to include very
specific aspects of how the work will be performed, and what the final product
will be, consider requiring specifications, which can be an attachment.
o Specify other work the artist is to perform. Do you want the artist to give a
lecture, attend dedications, etc? Do you expect the artist to install in addition
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Boynton Beach Arts Commission
Guidelines and
Recommendations
to fabricate the work? Will someone else install the artwork? Will the artist
be expected to coordinate someone else's work?
o In order to complete the work, the artist may need to consult with
conservators or others.
o In addition to the artwork, you will want the artist to provide detailed
maintenance instructions. Other documentation about the artwork may be
important for your files, such as descriptions. statements, and photographs
and slides.
Anything unusual can be included in the scope of work section. The more that is
anticipated and included, the more beneficial the contract will be for all parties involved.
The following clauses are typically included in commission contracts:
A. Description of Artwork
B. Consultation with Conservator
C. Travel to jurisdiction in which work will be performed]
D. Time of Completion
E. Artwork Documentation and Maintenance Instructions
F. Acknowledgement
Public Information:
This section says that the Arts Commission shall be solely responsible for coordinating public
information materials and activities related to the dedication of the artwork. It is intended
to prevent conflicting information from being provided by different sources.
Compensation Reimbursement:
This section spells out the total compensation that the artist will receive for the completion of
all the tasks outlined in the scope of work, including any reimbursement for travel or
taxes, if applicable.
Schedule for Partial Payments of Compensation:
Here the compensation is divided into several payments for which the artist invoices the City.
Receipt of payment is contingent upon the artist providing various deliverables or meeting
milestones, which are spelled out for each payment increment. Some examples of items
considered deliverables are: fabrication drawings, specifications, budgets, schedules.
proof of insurance or actual parts of the artwork. The expectation is that the artist has
performed the work, purchased materials, or become obligated to pay for orders placed
prior to paying him/her prior to submitting the invoice, so that the City is not extending
credit to the artist.
Process for Payment of Compensation:
This section essentially says that the artist needs to submit an invoice documenting work
performed in order to receive payment.
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Boynton Beach Arts Commission
Guidelines and
Recommendations
Process for Reimbursement of Expenses:
Generally, an artist is responsible for all expenses. Occasionally, funds are set aside for
travel on a design services contract.
Process for Payment of Taxes:
This section affirms that the artist is responsible for paying and submitting all taxes.
The City may include boilerplate sections such as the following modeled directly on contracts
in use elsewhere in the City:
. Artist is Independent Contractor
. No claim by Artist's Employees, Contractors or Other Parties Allowed.
. No assignment of Work Without Authorization
. City Authorized to Review Work in Progress
Use of Subcontractors: If the artist engages subcontractors or other trades to aid in the
execution of the contract, the artist shall be responsible for the payment of such work
done by these subcontractors and shall secure evidence of payment by waiver of lien by
these subcontractors.
The following sections pertain to considerations as outlined in the Visual Artists' Rights Act.
The City rnay wish to extend these rights in a limited fashion to artworks that are not
necessarily covered in the legislation:
Artists' Rights: After final acceptance of the artwork by the City, the following artists' rights
shall be guaranteed:
. Maintenance of public artworks shall be the responsibility of the City or
developer or property association and not the artist. The responsible party
shal! make reasonable efforts to maintain the artwork in good repair. The
responsible party shall attempt to consult the artist on major repairs.
. The artwork shall not be altered, modified, removed, or relocated from a site
integral to the concept for the work without first consulting with the artist, if
reasonably possible. If a work, nevertheless, has been significantly altered,
the artist shall have the right to disclaim authorship.
. Copyright of the artwork shall belong to the creator(s), but the City or
developer or property association shall be granted in the contract the right
to make two-dimensional reproductions for non-commercial purposes.
Copyright:
City's Right to Reproduce Images: typically, the artist retains copyright, while the City keeps
the right to reproduce images for educational or, as defined for the Arts Commission,
municipal purposes. This allows the City or Arts Commission to publish images in a
newsletter or distribute images of the artwork or artwork proposal to the press.
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City Records Regarding Artwork:
This section says that records regarding the artwork and its creator will be kept on file. It is
the artist's responsibility to keep the agency informed as to his/her whereabouts, in case
the City and/or Arts Commission need to contact them about changes to their artwork.
Artist's Identification Label:
Should changes occur to an artwork, and should the artist feel his/her artwork has been
compromised to the extent that their reputation will be damaged by association with the
artwork, they can request that this label (or plaque) be removed, thereby removing his/her
name as the creator of the (now damaged) art.
Artwork Changes:
This section discusses how to handle changes to or removal of the artwork by outlining a
process. Here, issues of artists' rights are dealt with contractually. If the City feels it
necessary to modify the rights accorded to an artist in the VARA legislation language, this
section may be an appropriate place to do so.
Material Changes After Acceptance:
This section outlines a process to follow in the event an artwork is removed or modified. It
provides for notification to the artists in the event changes are made, or need to be made,
to an artwork, and offers options should modifications occur. A statement is made that
the City or property owner's association retains the right to maintain its properties, and in
doing so may impact the artwork. A special clause is added if an artwork is to be installed
in a building. It asks that the artist to acknowledge that the artwork may need to be
removed.
Ownership: The City or developer shall request an archival copy of the drawings or plans that
represent the artwork for futUie conservation of the work, or for public display and
interpretation through the portable works collection. The City or developer retains
ownership of the accepted artwork.
Maintenance/Repairs and Restoration: The City or developer or property association shall
make reasonable efforts to maintain the artwork in good repair after final approval by the
City. The Arts Commission will provide ongoing oversight of and recommendations for
maintenance of the art. The responsible party shall make every effort to consult with the
artist on significant restoration and repairs that differ from those suggested in the artist's
maintenance recommendation. The artist shall notify the responsible party of any change
of address.
Alteration, Removal, Relocation or Deaccession: The contract with the artist shall provide
that the party retaining ownership of the artwork, i.e. the developer, property association
or the Arts Commission, as representative of the City, at its sole discretion, may remove,
relocate or deacquisition the work of art, however, prior consultation with the artist, if
available, shall, as much as possible, be sought.
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The City may wish to include the following boilerplate sections:
. Risk Loss
. Indemnification
. Insurance:
o The City's Risk Manager may wish to require that contracted artists and
contractors have commercial general legal liability (cgi) insurance and
automobile insurance. The limits vary according to the artwork and complexity
and location of installation.
o The City, at its discretion, may place an annually renewed, blanket policy,
which covers artists only for the project for which they are contracted to perform
for the City. It could be offered as an option to artists at a cost; for an artist who
has many public commissions, it is more practical for the artist to carry his/her
own policy that covers all the work he/she performs.
o The coverage typically required by the contract is commercial liability insurance
for the following:
· Premises/Operations Liability
· Products/Completed Operations
· Personal/Advertising Injury
· Contractual Liability
· Independent Contractors Liability
· Stop Gap/Employers Contingent Liability
· Explosion, Collapse or Underground (XCU)
· Fire Damage
o The policy typically provides the following minimum coverage: Bodily Injury and
Property Damage at 1,000,000 per occurrence, 1,000,000 annual aggregate.
o Personal Liability (Errors and Omissions) is generally required only for
consultants, not usually for artists who are fabricating and installing. On the
other hand, because artists are usually delivering products on site, business
automobile liability including coverage for owned, non-owned, leased or hired
IIehicles, providing the 1,000,000 per accident minimum overage, is required.
Artists' Warranties:
This section defines a one-year guarantee on workshop and materials
Addresses for Notices and other Deliverables:
Waiver of Artists' Rights Upon Failure to Provide Current Address to City Of Boynton
Beach. This section emphasizes the need for artists to keep the City informed as to
their whereabouts in order to maximize their ability to keep their V ARA rights intact. It
provides not only the artist's address and phone numbers, but also that of the City
and/or Arts Commission.
Collection Management:
Again, this section puts the artist on notice regarding the contract's handling of their
V ARA rights. Here is specified the City's rights to maintain and manage its collection
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and its properties and forewarns the artist about the potentiality of artwork
modification or removal.
Credit:
This section requires that the artist provide appropriate credit to the Arts Commission
and/or the City on any and all publicity materials generated for the artwork using
language determined by the Arts Commission.
The City may wish to include the following boilerplate sections using language developed
by the City's Contract Division.
. Definition of Arts Commission
. Audit
. Compliance With Laws and Regulations
o General Requirement
o Licenses and Similar Authorizations
o Taxes
o Use of Recycled Content Paper
o Americans with Disabilities Act.
. Women and Minority Business Enterprise Requirements
o General
o Non-discrimination
o Record Keeping
o Affirmation Efforts to Utilize WMBE's
o Sanctions for Violation
. Nondiscrimination and Affirmative Action
o General
. Non-Discrimination in Benefits
o Compliance with relevant MUnicipal Codes
o Remedies for Violation for Municipal Codes identified above
. Contractual Relationship
. Involvement of Former City Employees
. No Conflict of Interest
. Executory Agreement
. Binding Effect
. Applicable Law: Venue
. Remedies Cumulative
. Captions
. Invalidity of Particular Provisions
. No Waiver
. Extra Work
. Key Persol1s
. Disputes
. Termination:
o For Cause
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o For Reasons Beyond Control of Parties
o For Public Convenience
o Notice
o Default
Termination conditions: The artist's services may be terminated under the
following conditions:
. By mutual consent of the parties.
. For the convenience of the City or developer, provided that the terminating
party notifies the artist in writing of its intent to terminate, at least 30 days
before the date of termination.
. For cause, by either party where the other party fails in any material way to
perform its obligations under the contract. Termination for cause is subject
to the condition that the terminating party notifies the other party of the
intent to terminate, stating with reasonable specificity the grounds therefore,
and the other party fails to cure the default within 30 days of receiving the
notice.
. In the event the contract is terminated, the City or developer shall reimburse
the artist for work performed and expenses incurred before the termination
date.
Arbitration: In the event of a dispute between the artist and the City or developer
concerning the terms of the contractual agreement, the parties shall endeavor to
arrive at a mutually acceptable solution. If they are unable to do so, either party
may request that a mutually acceptable arbitrator familiar with artwork and
construction settle the dispute. The cost of the arbitration process shall be borne
equally. Any decision made as a result of such arbitration shall be binding and
enforceable in a court of law pursuant to Florida Arbitration Code.
. Modification or Amendment
. Entire Agreement
Signature section:
The artist/contractor and the designated signatory for the City sign and date the contract.
In addition to signature and date, the artist is asked to supply address, phone number and
tax number (Social Security or Federal Tax ID number). The artist signs first and returns
all copies for signature by an officer of the City. A fully executed copy is then returned to
the artist.
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Other Program Considerations & Recommendations
The Arts Commission recommends adapting policies from the Seattle Arts Curriculum 101
and customizing them to fit The City of Boynton Beach's Art in Public Places Program. The
Arts Commission has reviewed the following areas and has detailed references to them in
the Art Commission Reference Document. Some of these policies are to cover the following
subjects:
Artwork Maintenance
The Art Commission recommends that the maintenance cost of artwork be the responsibility
of the property management where the art is located. If the Art is located within a private
development whether publicly displayed or not, it will be the responsibility of the Property
Association Management to maintain of the piece. If it is on City property then the City is
responsible for its maintenance cost.
The Arts Commission recommends that before the maintenance begins that the Arts
Commission reviews the Art and instruction is given for the maintenance to preserve the
artistic license of the piece. See Reference Document.
Artwork Decommissioning
The Art Commission recommends that once every 4 years an evaluation of the Art in Public
Places Art is conducted to determine the Arts value to the City and community. If it is
determined that a piece should be removed, then the Arts Commission will make
recommendations for its decommissioning and replacement. See Reference Document.
Art Record Keeping
The Arts Commission recommends that detailed records be kept of the Art in Public Places
collection. These records are essential to creating a cultural history maintaining the artistic
integrity and as a resource to the financial statement the collection contribute to the City's
budget. Information on how and what records are necessary are detailed in the Reference
Document.
Art in Public Places Administration
The Arts Commission recommends that the City appoint or hire a manager to assist with the
administration necessary to run an Art in Public Places Program. Such duties would involve
records keeping, such as registration, maintenance, renovation, insurance, etc.,
documentation and communication for the Arts Commission, collect and update contact lists
for artists registry, publications, organizations, associations, grant writing, communication
between city staff and Arts Communication where scheduling, meeting and procedures are
concerned for implementation of projects. Another possibility to explore is to advertise
unpaid/paid/work-study internships with local college art departments to assist with the
administration of the program.
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Gifts, Memorials, Donations and Policies and Issues
The Arts Commission recommends that policies for Gifts, Memorials and Donations be
established to address these situations. Much information regarding these policies and
issues are outlined in detailed in the Reference Document.
Grants and other Fundraising Programs
The Arts Commission recommends that it will seek out grants that apply to the Arts in Public
Places Program. The Arts Commission will begin to identify these grant sources and present
them for application. In addition it will create alternative fundraising programs such as art
unveilings and show events, special art exhibits and other events.
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Getting the Word Out
Education is vital to the success of any public art project, whether it's a small portable
artwork or a grandiose design team memorial. Communities are defined broadly to
include schools, neighborhood businesses, community groups, arts organizations,
scholars, media, administrators and artists themselves. Communities of every type are
affected by an artwork both positively and negatively, and the more they know about a
particular work, the more likely they are to understand and appreciate it.
The most successful projects are those where a community has been invested from the
start, beginning by explaining some of the parameters, which are important to a particular
site or situation. Educating the community on the Arts Commission, its purpose and the
projects that make up the City's Art in Public Places Program is key to gain the
community's support. The Arts Commission will connect the artist with the community to
assist in this education process. In turn, the artist involved in the city's projects will learn
enormous amounts of background information to solve problems and challenges when
designing and creating artwork both technically and aesthetically. This will compliment the
overall site or situation. The final result will enable the community to understand,
appreciate and enjoy the artwork, while enhancing their environment.
Following is a list of suggested education ideas that the Art Commission will consider for
The Art in Public Places projects. Though the list appears daunting, think collaboration
with related partners and City departments whenever possible. Once we begin the
program with a few ideas and build up opportunities, it will make a positive difference for
each artwork, the program and most importantly to the community over the years.
Resources
Develop simple individual fact sheets about artworks for the facility where public art
exists---include photographs if possible and key information listing artist name(s), title,
funding, jury, completion date, media, dimensions, location, background, description,
artist's statement about the featured artwork and artist's biography. We will work with
graphic designers to create brochures highlighting the programs artwork. Produce
walking tour maps of artworks, possibly tapping into pre-existing neighborhood maps
or city bus maps consequently saving time and funds; provide catalogs for special
exhibitions or portable artworks, publish books about the collection. Develop a CD-
ROM highlighting the collection including sound and video. By collaborating with
organizations and associations locally, nationally or internationally the Arts
Commission can get the word out on its Art in Public Places Program. In addition,
through lists of artists, publications and web sites, the Arts Commission can promote
the program.
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Web Site
The Arts Commission recommends hiring an agency to develop and create a web site
for the Art in Public Places Program. It will detail the program with updates listing
upcoming calls for artists, deadlines, updates on projects, dedications, new
information of interest to artists, workshop listings, etc. It can also provide
downloadable information to execute the art projects. The site will link to (and from)
other City's web sites as well as other pertinent local, national and international sites.
Tours
The Arts Commission recommends developing tours to promote the Art in Public
Places Program. Walking, guided, bus, trolley tours for all areas of the community will
promote education of the process and program.
Slide Talks
Create custom shows based on themes or the community's interest - e.g.
streetscapes, environment, historic, recycled material, selected mediums, or portable
artwork. Audiences for slide talks include community centers, library, schools, senior
centers, city departments, individual groups of all ages and special interests, tourists,
convention centers and concierges.
Plaques
Artwork plaques generally have standard information including title of work, artist's
name, date, medium, funding source, and city officials. A brief informative statement
about the artist's intent could enhance the appreciation for this work in a simple,
unassuming way to help educate visitors with little additional effort and minimal cost.
See example below. Additionally, non-traditional materials can be used for plaques to
draw attention to the information and enhance the artwork itself.
SAMPLE PLAQUE:
Gateway Lantern
Skyline Canopies
House Finial
Lydia Aldredge I Kate Wade
1998
These artworks are unified by the historic neighborhood skylines and
traditional house shape forms, symbolizing the dynamic relationship
between the neighborhood and the individual.
Commissioned with
Seattle Department of Parks and Recreation One Percent for Funds
Administered by Seattle Arts Commission
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Schools
The Arts Commission recommends interacting with schools for the Arts in Public
Places Program. We will educate them about the public art collection, offers tours,
host workshops, offer school credit for interaction and volunteer work with the Art in
Public Places Program. We also will encourage artists to collaborate with students on
the execution of their art pieces.
Museums
Investigate possibilities with your local art, science, and history museums to search for
possible collaboration opportunities. Using artists to creatively help investigate themes
and mediums can stretch and bridge projects, saving money for participating
agencies. For example, connect artists' work represented in museums exhibitions with
their work represented in public art. Joint teacher workshop and student field trips
could correspond both in the museum and out in public.
Media and Public Relations
The Arts Commission recommends that it will work with City departments and outside
agencies to develop press releases for print, TV, radio, and online. PR will attract
reporters interested in featuring art, community, schools, technology, architecture,
nature, business, etc. through neighborhood newspapers, newsletters, galleries, cafe,
coffee or Internet cafes, artist studios, and clubs, public relations should target new
audiences in regions, ethnicity, and art mediums.
Workshops
Provide a variety of opportunities for artists, teachers, administrators, and special
groups to learn about the diverse field of public art.
Events
The Arts Commission recommends promoting the Art in Public Places Program
thought events. Events such as V.I.P., unveilings, "Meet the Artist", dedications, tours
and fundraising will be coordinate with city departments and outside agencies.
Marketing Reproductions
The Arts Commission proposes to explore marketing artwork images through
postcard, books, calendars, bookmarks, CD's, magnets, pins, t-shirt, posters,
computer games, screen savers, decks of cards, miniature models, tourist
paraphernalia, and more. We will research copyright regulations and artist's rights
before considering this venture.
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Q AND A
Answers to typical questions pertaining to this DRAFT
Why assess a Public Art (impact) Fee as opposed to proposing incentives?
. The recommended 1 % fee is the monetary value that the Art Commission is
recommending to the City Commission that will put a respectable viable program in
place for the City of Boynton Beach. This has been researched and discussed with
individuals in Art programs throughout the US. We considered Cities with the
same growth situation and population size Boynton. The Arts Commission must
rely on the staff to recommend or design an incentive program equivalent to this
value. The Arts Commission is open to specific sugaestions for an eauivalent
incentive proaram.
How is the money spent?
. The 1 % Public Art Fee funds would be dedicated at 70% to the construction of art
in a given project and 30% (or .3%) to run the Arts in Public Places program. In
addition the Arts Commission recommends taking a percentage from the 30% to
go towards an endowment program.
Does the Arts Commission address the architectural look?
. Our ordinance states that the Arts Commission is to advise the City Commission
on matters that are related to the Arts, to develop a plan and programs to promote
and support Art in Public Places. We also state inJhe definition of Public Art that a
building itself could conceivably be considered Art should the architectural design
incorporate built-in artistic elements within the structure. The Arts Commission
does not consider architecture alone as a function of art. We do, however,
recognize that architects and designers can produce art. Generally, architectural
enhancements are considered noncompliant with Arts Commission criteria. The
intent is Public Art is freestanding and owned by the community.
Can't an architect be an artist?
. Artists typically create Art. Of course designers and architects CAN create art.
The Arts Commission is receptive to the broadest definitions of art and encourages
imaginative interpretations of media and materials, which might be used for
permanent or temporary installation, decorative or functional purpose. The Arts
Commission will still be involved to assure the project contains art as opposed to
enhanced design elements.
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Is this only about commercial development or does it include residential?
. Fees are calculated for residential and commercial development only on amounts
exceeding the $250,000 threshold. The Arts Commission chose to include
residential construction that meets these criteria because these_property owners
will benefit in the long run and should bear some of the burden; property values
increase as city amenities increase. Also, based on our discussions, we prefer to
capture a larger market, and not to simply target non-residential development
projects. Note: fees are calculated on amounts in excess of $250,000 [e.g. A
residential project with construction costs of $260,000 would be assessed for 1 %
of $10,000.]
When is the Public Art Fee collected?
. The majority of Public Art Programs collect the Public Art Fee at the time of
permitting. It is essential for this to be resolved in compliance with city systems and
procedures. However so that the Art in the project does not obstruct Certificate of
Occupancy the Arts Commission endorsed the City's Planning & Zoning
recommendation to allow the Developer post 110% surety for work which may be
more prudently put in place subsequent to building construction with a required
completion deadline of 60 - 90 days.
Who will attend the pre-application meetings?
. Initially an Arts Commission Advisory Board member will have to attend until a full-
time staff liaison, person/consultant is hired, and who would then take on this role.
We recognize that a staff person or a sub contractor would have to be hired to
manage the Art in Public Places Program. The funds to support this position will
come from the 30% administrative portion of the collected Public Art Fee.
Have you considered an endowment program?
. Yes, this was an excellent suggestion by the CRA Director. The Advisory Board
approved setting a percentage of the 1 % to be set-aside in perpetuity for the City
of Boynton Beach's Public Art Program.
What about small businesses?
. This program is designed to regard all businesses and developers similarly. A one
percent fee for a small project such as Winchester Commons at $556,200 would
have set $3,893 for public art within their project and only $1,668 would have gone
to the Art Fund. In a larger project, such as the magnitude of Waterside at $56
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million, that same 1 % would have designated $392,000 to art in their project and
only $168,000 to the Art Fund.
Who will attend the pre-application meetings?
. Initially an Arts Commission Advisory Board member will have to attend until a full-
time staff liaison, person/consultant is hired, and who would then take on this role.
We recognize that a staff person or a sub contractor would have to be hired to
manage the Art in Public Places Program. The funds to support this position will
come from the .30% (or 30%) administrative portion of the 1 % collected Public Art
Fee.
Have you considered an endowment program?
. Yes, this was an excellent suggestion by the CRA Director. The Advisory Board
approved setting a percentage of the 30% of the 1 % Art Fee to be set-aside in
perpetuity for the City of Boynton Beach's Public Art Program.
What about small businesses?
. This program is designed to regard all businesses and developers similarly. But
would only apply to those individuals that are permitting a construction project. A
one percent fee for a small project such as Winchester Commons at $556,200
would have set (70%) or $3,893 for public art within their project and only (30%) or
$1,668 would have gone to the Art Fund. In a larger project, such as the
magnitude of Waterside at $56 million, that same 1 % would have designated
(70%) or $392,000 to art in their project and only (30%) or $168,000 to the Art
Fund.
What are requirements for the Art Project~??
. Specific criteria must be met: the art project must meet standards that are
appropriate to the Public, the City of Boynton Beach and the Development itself.
Qualified Public Artists are selected through a Call to Artists process and
contracted to meet the projects criteria and specifics. The Art must meet the
similar codes and requirements that architectural structures meet. Contracts with
artists include the proposal of the art project, mockups, specs, materials.
construction, installation, budget, timing, maintenance recommendations and
records. The Arts Commission will work with the Planning Department as each
project is permitted according to Florida code.
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