ART IN PUBLIC PLACES PUBLIC ART SITE SELECTION COMMITTEE (PASSC) May 28, 2019, 5:00 pm Commission Chambers – 1st Floor Martin County Administrative Center 2401 SE Monterey Road, Stuart, FL 34996 1. CALL TO ORDER 2. APPROVAL OF MINUTES – March 25, 2019 3. COMMENTS A. Public B. Members C. Staff 4. PRESENTATIONS A. Cummings Library Literary Garden – Jen Salas, Martin County Library Director Hear presentation and provide direction as needed B. Stuart Beach Ceramic Relief Mural Update – Mia Lindberg, Artist Hear presentation and provide direction as needed 5. NEW BUSINESS 6. OLD BUSINESS A. AIPP Ordinance – Susan Kores, Manager, Office of Community Development Move that the PASSC approve the document for presentation to the BOCC B. Art Inventory Repair Update – Kim McLaughlin, Administrative Specialist, Office of Community Development Move that the PASSC recommend the disposition of items 2 and 3 for approval by the BOCC 7. COMMENTS A. Public B. Members C. Staff 8. ADJOURN Members & Term Expiration Michael Banas, Hobe Sound December 31, 2022 Catherine Winters, Port Salerno December 31, 2019 Cindy Hall, Jensen Beach December 31, 2020 Mark Palazzo, Old Palm City December 31, 2020 Michael Readling, Rio NAC December 31, 2020 Saadia Tsaftarides, Golden Gate December 31, 2020 Rich Kennedy, Member-At-Large December 31, 2021 Staff George Stokus, Assistant County Administrator Susan Kores, Manager, Office of Community Development Kimberly McLaughlin, Administrative Specialist, Office of Community Development Next Meeting: Monday, July 22, 2019 This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback. 1 of 42 March 25, 2019 ART IN PUBLIC PLACES PUBLIC ART SITE SELECTION COMMITTEE 5:00 pm - Commission Chambers 2401 SE Monterey Road, Stuart, FL 34996 PRESENT Chairperson .............................................................................................................. Richard Zurich Vice Chairperson ...................................................................................................... Saadia Tsaftarides Members ................................................................................................................... Catherine Winters .................................................................................................................................. Cindy Hall .................................................................................................................................. Mike Banas .................................................................................................................................. Mark Palazzo .................................................................................................................................. Richard Kennedy STAFF PRESENT Manager, Office of Community Development .......................................................... Susan Kores Administrative Specialist, Office of Community Development………………………. Kim McLaughlin Assistant County Attorney, Legal ............................................................................. Elizabeth Lenihan * Indicates a motion ** Indicates a vote *** For the record comment 1. CALL TO ORDER - The meeting was called to order at 5:00 pm. R. Zurich apologized to the public audience for the delay in starting the meeting following the CRA meeting. 2 CONSENT AGENDA A. Approval of minutes as corrected: January 28, 2019 * S. Tsaftarides motioned to approve the Minutes as presented. ** C. Hall seconded, and the motion carried UNANIMOUSLY. 3. COMMENTS A. Public – Nothing to report B. Members - C. Winters – how do we motion to start the AIPP meeting sooner? - R. Zurich – Can we start earlier by using general consensus? o E. Lenihan - yes C. Staff – Nothing to report 4. PRESENTATIONS – nothing to report 5. NEW BUSINESS – nothing to report 6. OLD BUSINESS A. Art Inventory Repair Update K. McLaughlin presented the committee with updates for art in need of restoration and those that have been repaired. 1. Halpatiokee Mosaic Tiles – We have contacted the original artist, Jessica Gorlin Liddell. She is interested in doing her own repairs and has sent us a quote for the repair of the spoonbill and recreation of the panther. She was happy to know that we wanted them moved to the wall of the concession stands. Her cost will be $6500 for both less 15%. Mia Lindberg has also provided a quote, $2800 for the spoonbill and $3100 for the panther. Discussion ensued that the original artist should be used when possible. Mia Lindberg is amazing, and we appreciate all that she does for the county. MOTION - MOVED * C. Winters motioned to approve the quote from Jessica Gorlin Liddell for $6500 less 15% for both repair of the spoonbill and recreation of the panther mosaics in Halpatiokee Park. ** S. Tsaftarides seconded, and the motion carried UNANIMOUSLY. Please verify that there are no additional travel costs to be added later. Discussion - C. Hall – I like that we located the original artist, would like to use local, but feel we should respect the original artists work. 2 of 42 AIPP/Public Art Site Selection Committee March 25, 2019 Page 2 of 4 - C. Winters – Especially because she has everything from the original work and it’s on her website. - R. Zurich – I think it’s staying loyal to the Martin County residents that we recreate what was originally there. - M. Palazzo – when she did the work, was she out of Florida or Philadelphia? o K. McLaughlin - Philadelphia 2. Sailfish Splash Lazy River Murals– The artist, Shannon Wiley, has been working all week. We don’t have a final report yet. He has been discussing some issues he discovered with a civil engineer. 3. Oasis Tile Bench – Mia Lindberg completed the restoration of the bench (pictures were provided). It looks amazing. There are issues of hairline cracking on some tiles. Mia feels this is due to the power washing by the trustees. We will request that General Services does not power wash this piece. Mia will continue to check the piece for needed cleaning, etc. 4. Manatee Gateway – We confirmed that the sails will not work due to the bridge. We will continue to work on this installation for new ideas. 5. Southeast of Disorder – We met with Larry Massing, Director of Building Services, about the potential of placing the piece at the Building Department facility. He will consider potential locations and get back to us. We reached out to Cummings Library for a potential location, but they said no. Susan is meeting with the Director of the Elliott Museum as a possible location. o S. Kores – yes, I have talked with him and sent him the information. We have a meeting next week. The have a ton of space outside although we don’t want the sculpture outside. o R. Zurich – we need to be careful of the salt environment there. 6. Wind Games – We looked for the contract and found that the dates for this project, 2001-03, are outside of the retention policy for Martin County. - E. Lenihan, we have not been able to find the original contract, but we do have a contract from that time from. We also spoke to the original artist last year and they were outside of our price range for repairs. o K. McLaughlin – yes, they proposed somewhere between $15,000-$27,000 depending on what we wanted them to do. o S. Kores – also, we do not have a location for the sculptures. - E. Lenihan read allowed a few passages from a 2003 contract. It stated that the county owned all aspects of the art piece once completed by the artist. Once complete, the artist will give the county a bill of sale and county agrees to keep the artwork in good repair and permanently displayed. The county will not destroy or alter a piece of work and if in the lifetime its damaged, the county will notify the artist in writing of how it was damaged and afford the artist a reasonable opportunity to conduct or supervise the restoration at a price to be mutually agreed upon. If the artist does not take steps to commence the restoration within 30 days after notification, county can make other arrangements deemed appropriate. If county fails to maintain the artwork in good condition, the artist has the right to disown the artwork and request the nameplate be removed until satisfactory repaired. Obviously, we are past all of that. The guidance that I can give you is that we have spoken with the artist and it’s not about repairing or replacing it at this time. It has not been displayed in a really long time. I think it’s having a conversation with the artist that we consider this artwork dismantled, dysfunctional and ready for disposal. - R. Zurich – I think that we should get the artist to sign a release due to its deterioration. o E. Lenihan – there are provisions in the contract that states we should have gone back to the artist. I don’t know why that wasn’t done, but we are past all of that. - R. Zurich – we have been in communication with the artist, we need to let the artist know that the work has deteriorated to the point where it is not economically feasible to repair it and it is our intent to dispose of the artwork and get him/her to sign a release that they are in agreement of that. - C. Winters – is it a local artist? o S. Kores, no, Maryland. Do we need to get them to sign a release? Is this something that’s necessary since the contract says it belongs to us? o E. Lenihan – I don’t that we have to, but it would be good. - R. Kennedy – do you think that is going to be difficult? o S. Kores – I don’t know. They were interested in doing the repair. You can go back and look in the file that shows where the joints had rusted when they were on display. I never found anything that showed where the artist had been asked to do any repairs or replace it back then. When it was taken out of Halpatiokee park, they were on large concrete platforms and they were removed as well. 3 of 42 AIPP/Public Art Site Selection Committee March 25, 2019 Page 3 of 4 - R. Zurich – it was my understanding that they decided to remove it from Halpatiokee because it was becoming a hazard and children were playing on it. If we had the funds to repair it, I would question where we would place it in the county and it would be ongoing repairs because if it deteriorated once then it be ongoing. o S. Kores – I think at this point you would just remake it. - K. McLaughlin – we would also have to place it where children could not climb on it. - R. Kennedy – it’s also possible that it was not designed to last more than the 10-15 years that we got out of it anyway. - C. Winters – has the artist seen pictures of it in its current form? o S. Kores – no, when I spoke to her last year, I only sent pictures from where the joints had rusted before. We didn’t have the current pictures at that time. MOTION - MOVED * M. Banas motioned to have staff communicate with the artist, first, to apologize for the state of disrepair and second, to allow us to dispose of the piece and move on. ** S. Tsaftarides seconded, and the motion carried UNANIMOUSLY. 7. AIPP Website – Ms. McLaughlin presented the newly created Art in Public Places website to the committee. We have a GIS map of the different art pieces for the public to locate the artwork created by our Project Manager Josh Mills and Kim McLaughlin. The governance documents will be updated after BOCC approval of the new docs. The committee gave positive responses to the site. B. Public Art Program Management Document Review. S. Kores presented the final management documents to include the program management document, budget, sample contracts and the ordinance. Ms. Kores also renamed the committee to the Public Arts Advisory Committee (PAAC). Comments/Questions - R. Zurich – the is the clearest direction in years. Clear direction, great art. MOTION - MOVED * C. Winters motioned to approve the Public Art Program Management Document as presented. ** C. Winters seconded, and the motion carried UNANIMOUSLY. MOTION - MOVED * C. Hall motioned to amend the budget it to include the proposal of $5525 for the repair of the mosaics in Halpatiokee Park and approve the FY 19 budget. ** C. Winters seconded, and the motion carried UNANIMOUSLY. MOTION - MOVED * M. Banas motioned to accept the sample contracts as presented. ** S. Tsaftarides seconded, and the motion carried UNANIMOUSLY. Ms. Kores reviewed the changes to the proposed ordinance. - C. Hall – what about the Cummings Library? That project has been on our books for a long time. o S. Kores – that project has started. Will have an update for you at our next meeting. MOTION - MOVED * C. Hall motioned to approve the Public Art Ordinance as revised. ** M. Palazzo seconded, and the motion carried UNANIMOUSLY. C. Staff Update by S. Kores - Art signage – Kim is working on proposed signs for the artwork. - The program documents will be going to the BOCC on April 23. As always, you are welcome to attend. - Educational Artist Open House – it will be a series of 3 classes in conjunction with Arts Council and City of Stuart on Wednesday to strategize. 7. COMMENTS 4 of 42 AIPP/Public Art Site Selection Committee March 25, 2019 Page 4 of 4 A. Public - Nancy Turrell, Arts Council – Thank you for being great stewards of public art. If you have not been to the Cummings Library children’s area, please go. Brenda Lee painted a great mural. The GIS map looks great, we should consider connecting all Martin County art together to include QR codes so that people can pull up information about the artwork. We are looking at a temporary art exhibit for 2020. A mobile hot flash shop that does glass blowing. It would be cool to have an outdoor installation. B. Members - R Kennedy – do we have an update on the Rio roundabout? S. Kores – no - S. Tsaftarides – what happened to Nadia’s 9/11 piece? o S. Kores – Hobe Sound approved a creative placemaking CIP. It’s the next step. - R. Zurich – thank you to staff for a great work especially Elizabeth for the work on the manual. We need to let the BOCC know that we were handed a mess and with virtually no budget and staff has worked very hard to repair the artwork. C. Staff – nothing to report 6. ADJOURN There was no further business, and the meeting was adjourned at 5:56 pm. MOTION * C. Hall motioned to adjourn. ** M. Palazzo seconded, and the motion carried UNANIMOUSLY. Recorded and Prepared by: Kim McLaughlin, Administrative Specialist Date Richard Zurich, Chairperson Date 5 of 42 ITEM 4A ART IN PUBLIC PLACES PUBLIC ART SITE SELECTION COMMITTEE AGENDA ITEM May 28, 2019 PREPARED BY: Susan Kores, Manager, Office of Community Development TITLE: Cumming Library Literary Garden Project EXECUTIVE SUMMARY: The Art in Public Places program has a budget amount for $25,000 for the above project. Library Director, Jen Salas, is here to present the genesis of the project, it’s progress in the last few years and the scope of the project moving forward. LEGAL SUFFICIENCY REVIEW: N/A ISSUES: N/A FISCAL IMPACT: N/A RECOMMENDED ACTION: Hear the presentation and provide direction as necessary ITEM 4A 6 of 42 Peter & Julie Cummings Library Outdoor Pavilion & Public Art Site Presentation to the Martin County Art in Public Places Public Art Site Selection Committee May 28, 2019 7 of 42 Peter & Julie Cummings Library Palm City, Florida 8 of 42 Outdoor Pavilion 9 of 42 Walkway site 10 of 42 Pavilion entrance 11 of 42 Primary site, East 12 of 42 Primary site, West 13 of 42 Public Art component  Interactive experience Sensory—aural, kinetic, textural, optical  In harmony with wetland preserve  Low maintenance for tropical hot, humid and windy climate 14 of 42 15 of 42 16 of 42 17 of 42 18 of 42 19 of 42 20 of 42 21 of 42 22 of 42 23 of 42 24 of 42 25 of 42 26 of 42 27 of 42 28 of 42 ITEM 4B ART IN PUBLIC PLACES PUBLIC ART SITE SELECTION COMMITTEE AGENDA ITEM May 28, 2019 PREPARED BY: Susan Kores, Manager, Office of Community Development TITLE: Stuart Beach Ceramic Relief Mural Update EXECUTIVE SUMMARY: This artwork by one of our local artists, Brenda Lee, has been restored by Mia Lindberg, another of our amazing local artists. She will present some before and after pictures of the work that has been done to refresh this beautiful piece of our AIPP inventory. LEGAL SUFFICIENCY REVIEW: N/A ISSUES: N/A FISCAL IMPACT: N/A RECOMMENDED ACTION: Hear the presentation and provide direction as necessary ITEM 4B 29 of 42 ITEM 6B ART IN PUBLIC PLACES PUBLIC ART SITE SELECTION COMMITTEE AGENDA ITEM May 28, 2019 PREPARED BY: Susan Kores, Manager, Office of Community Development TITLE: Program Management Document Review EXECUTIVE SUMMARY: At our meeting on March 25, 2019, the Public Art Site Selection Committee (PASSC) approved an amended Ordinance and recommended that it go to the Board of County Commissioners (BOCC) for approval on June 4, 2019. Staff is bringing that Ordinance back before the Committee for your approval of an additional change regarding program funding. A final draft is attached for review and comment. LEGAL SUFFICIENCY REVIEW: N/A ISSUES: N/A FISCAL IMPACT: N/A RECOMMENDED ACTION: Move that the PASSC recommend that the Art in Public Places Ordinance, as amended, be presented to the Board of County Commissioners for approval. ITEM 6A 30 of 42 Struck through passages are deleted; underlined passages are added 1 This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA ORDINANCE NO. AN ORDINANCE OF THE MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING CHAPTER 13, ART IN PUBLIC PLACES, GENERAL ORDINANCES, MARTIN COUNTY CODE; PROVIDING FOR CONFLICTING PROVISIONS; SEVERABILITY; APPLICABILITY; FILING WITH THE DEPARTMENT OF STATE; EFFECTIVE DATE AND CODIFICATION. WHEREAS, the Board of County Commissioners of Martin County, Florida has determined that art is an integral part of Martin County; and WHEREAS, the Board has determined that it is necessary to amend Chapter 13, Art in Public Places, in order to fulfill the goal of enhancing the visual environment in Martin County. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA, THAT: Part One: Chapter 13, Art in Public Places, General Ordinances, Martin County Code is hereby amended as follows: CHAPTER 13 – ART IN PUBLIC PLACES Sec. 13.1. Goals. The mission of art in public places is to enhance the quality of the visual environment in the Martin County community, both natural and constructed; and in so doing: 13.1.A. To promote the spiritual, intellectual and aesthetic enrichment of the community through public art; 13.1.B. To select a diversity of public art for Martin County, Florida; 13.1.C. To select works of art which have aesthetic and technical merit and are appropriate in context to the location; 13.1.D. To select artists who are professionally and technically competent; 31 of 42 Struck through passages are deleted; underlined passages are added 2 13.1.E. To disperse public art throughout Martin County, Florida, in such a manner that it is visible and accessible to the greatest number of people. Sec. 13.2. Definitions. For the purpose of this chapter, the terms listed below shall have the following definitions: Architectural enhancement is the physical result of the application of skill and taste according to aesthetic principles to the architectural embellishment of a building, the placement of works of art in the interior or exterior spaces of the building, or special landscape treatments such as parks, plazas or atriums. Architectural enhancement may be an integral part of the building, situated within or outside the building, may be located in or near government facilities which have already been constructed, or may be located in other public places where numbers of people may experience them. Art in Public Places Five-Year Siting Plan Five-Year Plan is a plan developed by the Department of Administration, in consultation with the Education Foundation of Martin County, the Arts Council of Martin County, as well as other local arts organizations, in accordance with the Public Art Master Plan, reviewed by the Public Art Site Selection Committee and subject to review and approval by the Board of County Commissioners. Such plan shall set forth a plan for the program development, participation and coordination with local education institutions and students, implementation, funding and placement of public art. This plan may be revised from time to time as may be necessary in order to accommodate grants or other non-County funding sources or other changes which the Board of County Commissioners deems necessary to further the goals of Art in Public Places. The plan shall be reviewed annually by the Public Art Site Selection Committee and the Board of County Commissioners and updated as required. Updates and revisions to the plan are subject to Board of County Commissioner approval. Public Art Site Selection Committee is the board created in this chapter. Department of Administration is the entity designated by the County Administrator to coordinate the County's Public Art Program. Professional Artist is a person or group who meets at least 3 of the following criteria: A. the individual or group has received public or peer recognition: 1. in the form of honors, awards, professional prizes, scholarships, honorable mentions, appointments to an adjudication committee or invitations to participate in a group exhibition or performance; OR 2. by publicly disseminated critical appraisal; B. the individual’s or group’s artistic activity has been presented to the public by means of exhibitions, publications, performances, readings, screenings or any other means; C. the individual or group promotes or markets their work: 32 of 42 Struck through passages are deleted; underlined passages are added 3 1. by means including attending auditions, seeking sponsorship, agents, engagements or exhibitions and similar activities appropriate to the nature of their work; OR 2. by being represented by a dealer, publisher, agent or similar representative appropriate to the nature of their artistic activity; D. the individual or group has received training or acquired traditional knowledge: 1. in an educational institution or from a practitioner or teacher recognized within their profession; OR 2. within the established practice of their cultural traditions; E. the individual or group holds copyright in their work and has received royalty or residual payments based on that copyright; F. the individual or group has a business license issued by the county or municipality in which they are carrying on business related to their artistic activity; G. the individual or group has membership in an organization representing their artistic activity whose membership, or categories of membership, is or are limited under standards established by the organization, or that is an artists’ association. Program Manual Public Art Master Plan is a plan manual containing written guidelines and procedures to govern the manner and the method of selection of artists, proposed sites, works of art, as well as architectural enhancements and special landscape treatments; the process for participation and coordination with local education institutions and students; and the process for developing a five-year plan for program development funding, implementation and placement of public art. The plan will also provide for a comprehensive program for art in public places which shall include the display of, loaned art in appropriate public buildings. The plan shall be developed by the Department of Administration in consultation with the Education Foundation of Martin County, the Arts Council of Martin County, as well as other arts organizations and the Public Art Site Selection Committee, subject to approval by the Board of County Commissioners before its utilization by the Public Art Site Selection Committee. Public Art is the architectural enhancement of a building, the placement of works of art in the interior or exterior spaces of the building, or special landscape treatments such as parks, plazas or atriums. Public art may be an integral part of the building, situated within or outside the building, may be located in or near government facilities which have already been constructed, or may be located in other public places where numbers of people may experience them. Public capital facility is any capital improvement paid for wholly or in part by Martin County or paid for with monies granted to Martin County by other governmental agencies; limited to any project to construct or remodel a building, regional parks in excess of 50 acres which have not been purchased for passive recreational use, parking facility or any portion thereof within the County limits of Martin County, Florida. Public places are properties located in Martin County in which Martin County or the State of Florida have an interest by ownership, easement or lease that serve a public purpose and provide an opportunity for placement of art that is visible and open to the 33 of 42 Struck through passages are deleted; underlined passages are added 4 public, including but not limited to parks, buildings and roadways. County-owned parks and buildings with high visibility and/or heavy pedestrian traffic that are open to the public. Remodel means alterations or renovations to a public capital facility that exceed 50% of the building value, expansion or upgrading the capacity of a public capital facility by increasing the floor area of a building 5,000 square feet or 50%, whichever is less, or creating a new use for the public capital facility. Special landscape treatment is landscaping that goes beyond the requirements of Martin County Land Development Regulations Article 4, Division 15, Landscaping, Buffering and Tree Protection, in order to create a park-like setting or plaza. Works of art are tangible objects produced according to aesthetic principles, including paintings, sculpture, engravings, carvings, frescos, mobiles, murals, collages, mosaics, statues, bas-reliefs, tapestries, photographs, and drawings and eco-art installations. Sec. 13.3. Public Art Site Selection Advisory Committee; creation, composition, responsibility. 13.3.A. A Public Art Site Selection Committee created by Ordinance No. 900, amending Section 13.3, is renamed the Public Art Advisory Committee facilitated by the County's Department of Administration is hereby created and shall have the duty and responsibility to review this Chapter and the Program Manual the Public Art Master Plan and the Art in Public Places Five-Year Siting Plan Five-Year Plan for review and approval by the Board of County Commissioners, to identify sites in accordance with the Program Manual, to identify sources of funding for art in public places exhibitions, and to hold public meetings to solicit public comment for specific public art projects. and those contained in the Art in Public Places Five-Year Siting Plan. 13.3.B. The Public Art Site SelectionAdvisory Committee shall be comprised of the appointed seven members of the Martin County Community Redevelopment Agency. 13.3.C. The architect or other design professionals for a specific County project may advise the County during the selection process as it relates to the project. 13.3.D. Except as otherwise limited by the Program Manual Public Art Master Plan, this chapter, or other law, rule, regulation or ordinance, the Public Art Site SelectionAdvisory Committee may adopt written policies and procedures to assist it in the performance of its duties. 13.3.E. The Public Art Advisory Committee will be responsible for review and recommending amendment to the Program Manual. 34 of 42 Struck through passages are deleted; underlined passages are added 5 1. The Program Manual must provide for a comprehensive program for art in public places which shall include the display of donated, loaned or leased art in appropriate public places, including temporary installations. 2. The Program Manual shall be developed and reviewed annually with input from the Arts Council of Martin County, as well as other arts organizations, subject to approval by the Board of County Commissioners before its utilization by the Public Art Advisory Committee. 2. The Program Manual shall be updated as required, including to accommodate grants or other non-County funding sources. Updates and revisions to the Program Manual are subject to approval by the Board of County Commissioners. Sec. 13.4 – Architectural enhancement rules Funding. Except as provided herein, all estimates for the construction and/or remodel renovation of public capital facilities and all requests for appropriations for such projects shall include an amount for Art in Public Places, which amount represents an amount for public art architectural enhancement, and including for restoration and maintenance of works of public art, equal to one percent of the total estimated cost of each public capital facility, except such projects located at Martin County Airport, Witham Field. The one percent amount shall be calculated on the total cost of the construction and/or remodel, excluding the first $5,000.00. This one percent of cost is to be spent on architectural enhancement of placement of public art at public capital facilities or other public places pursuant to the Program Manual Art in Public Places Five-Year Siting Plan. However, any construction or remodel of public capital facilities financed by funds derived from bond revenue or general obligation bond issues or from utility revenues or other special purpose funds or funds dedicated pursuant to the terms of a bond or other debt obligation resolution shall be not contribute to Art in Public Places expended pursuant to the bond covenants. 13.4.A. The requirement that one percent of the public capital facility’s construction and/or remodel budget shall be encumbered shall only apply if such an expenditure is legally permissible for that project under the specific project funding sources. If the source of funding or other appropriate law with respect to any particular project precludes art as an object of expenditure of funds, the amount of funds so restricted shall be excluded from the aforesaid calculation. 13.4.B. If it is determined that the public capital facility being constructed and/or remodeled is not an appropriate location for Public Art, the funds in that public capital facility’s construction and/or remodel budget appropriated for Art in Public Places may be used for one or more public art projects in other public places pursuant to the Program Manual. Architectural enhancements donated or loaned to the County may be accepted for 35 of 42 Struck through passages are deleted; underlined passages are added 6 installation only if the Department of Administration determines such enhancements are consistent with the Public Art Master Plan. This provision does not apply to architectural enhancements donated or loaned to the County before the effective date of this chapter. 13.4.C. In any fiscal year that the public capital facilities projects provide funds in an amount less than fifty thousand dollars ($50,000.00) to the Art in Public Places Fund, the Board of County Commissioners shall budget from the General Fund to the Art in Public Places Fund the balance necessary to fund public art projects with at least fifty thousand dollars ($50,000.00). The custodians of architectural enhancements in public capital facilities shall determine the location of donated or loaned architectural enhancements. Sec. 13.5. Procedures. 13.5.A. For construction and/or remodel of public capital facilities financed by Martin County, except such projects located at Martin County Airport, Witham Field and projects financed with bond revenue, general obligation bond issues, utility revenues or other special purpose funds or funds dedicated pursuant to the terms of a bond or other debt obligation resolution, the following procedures for selection of public art, artists, and sites in the Program Manual shall apply. be complied with: 13.5.B. Public Art that is donated or loaned to the County may be accepted for installation only if the Department of Administration determines such Public Art is consistent with the Program Manual. This provision does not apply to Public Art donated or loaned to the County before the effective date of this chapter. 1. Early in the design of a project, the architect or other design professional retained for that project shall work with the Department of Administration and such County employees as the Board of County Commissioners may designate to develop a site plan for adding artworks, architectural enhancements or special landscape treatments to the projects in accordance with the Art in Public Places Five-Year Plan. 2. The staff of each public capital facility or public place shall be consulted by the Department of Administration about safety issues related to the art works, architectural enhancements or special landscape treatments. The public facility designer and the County Engineer shall also be consulted by the Department of Administration about such safety issues. 3. The Public Art Site Selection Committee shall conduct a public meeting to solicit public input concerning art works, architectural enhancements or special landscape treatments for the project in accordance with the Art in Public Places Five-Year Plan. The public input and recommendations shall be transmitted to the Department of 36 of 42 Struck through passages are deleted; underlined passages are added 7 Administration. In no case shall the Public Art Site Selection Committee take such time to conduct the meeting as to delay or hinder the design or construction of the project. 4. Following the Public Art Site Selection Committee public meeting, the Department of Administration shall prepare a scope of work to be used in a solicitation for proposals from artists. In order to ensure competition, the Board of County Commissioners by and through the Department of Administration, and in coordination with the County Purchasing Division, shall publicize all County projects through use of the internet, the State of Florida, Division of Cultural Affairs' "Call to Artists," or other methods deemed appropriate by the Department of Administration. At a minimum, adequate notice shall be published in a newspaper of general circulation for a reasonable time prior to the time set for the submission of responses. Such notices shall include the locations of the artworks, architectural enhancements or special landscape treatments, the criteria by which such artworks, architectural enhancements or special landscape treatments will be evaluated, deadlines for submission, and cost range. 5. In addition, the Public Art Site Selection Committee shall hold a public meeting to evaluate the submissions and make recommendations to the Board of County Commissioners for the project. The Board of County Commissioners shall, in its discretion, accept or reject the recommendations from the Public Art Site Selection Committee. If such recommendations are rejected, the Board of County Commissioners may request the Department of Administration to solicit additional proposals or issue a revised scope of work. 13.5.C. 6. All public art projects funded through the provisions of this chapter are open to professional artists. Sec. 13.6. - Art in public places fund. 13.6.A. There is hereby established a fund designated as the "Art in Public Places Fund." All funds set aside pursuant to this article chapter from each public capital facility project, the construction and/or remodeling of which has not commenced as of the effective date of this chapter, together with such other funds as the Board of County Commissioners shall appropriate for works of public art through the general fund, grants, bequests and funds donated by the general public for works of public art shall be deposited into this fund. Interest accrued shall be allocated in accordance with the provisions of this chapter. These funds shall be expended by the Board of County Commissioners for public art capital facility projects as prescribed by the Program Manual guidelines. Any funds not expended by the end of any fiscal year shall be carried over to the next fiscal year. Any funds derived from revenue or general obligation bond issues or from utility revenues or other special purpose funds or 37 of 42 Struck through passages are deleted; underlined passages are added 8 funds dedicated pursuant to the terms of a bond or other debt obligation resolution shall be expended pursuant to the bond covenants and, if unexpended within five years, revert to the bond, fund or project from which appropriated. 13.6.B Funds contained within the Art in Public Places Fund shall be, as close as possible, allocated as follows: seventy percent (70%) for art construction, appropriation and/or installation, twenty percent (20%) for the administration of all facets of the Art in Public Places program (to include staff time, exhibit programming, education, signage, dedication, etc.) and ten percent (10%) for repair and maintenance of the art acquired under this chapter that is installed in public places. The total funds set aside for each public works project shall include public art fund administration costs, signage, dedication costs, insurance costs and repair and maintenance of any works or art acquired under this chapter. 13.6.C. Funds allocated to a designated public art project that is not commenced within three (3) years of the initial allocation will revert to the Art in Public Places Fund to be used toward another public art project. 13.6.D. Any funds carried over five (5) years that remain unexpended or are allocated to a project that has not commenced at the expiration of such period shall remain in the Art in Public Places Fund to be used only for maintenance of existing Martin County Art in Public Places inventory. Sec. 13.7 – Selection Criteria for sites and public art. During the selection process, the Department of Administration Public Art Advisory Committee shall consider the following criteria: 13.7.A. Works of art Art works, architectural enhancements and special landscape treatments shall be located in areas where residents and visitors live, work or congregate and shall be highly visible and accessible. 13.7.B. The appropriateness to the site, permanent or temporary nature permanence of the work relative to environmental conditions, maintenance requirements and costs, and the enduring nature of the artistic statement. 13.7.C. Sensitivity to the aesthetic and cultural traditions and the history of Martin County, Florida, and also to the surrounding neighborhood’s character. 13.7.D. The artist’s biography and resume, examples of existing works, technical competency, similarity to existing works of art and the following basics: form, texture, color, clarity, line and medium. 13.7.E. The opportunity for participation and coordination with local educational institutions and students. 38 of 42 Struck through passages are deleted; underlined passages are added 9 Sec. 13.8. Ownership and maintenance. 13.8.A. Unless otherwise provided, ownership of all works of public art and architectural enhancements acquired by Martin County under this chapter section shall be vested in Martin County, including copyrights, patents and other reproduction rights. The Board of County Commissioners shall be responsible for managing the reproduction rights of each acquisition. Custody, supervision, maintenance, and preservation of the works of public art is the charge of the Board of County Commissioners and shall be carried out by qualified art professionals professional artists upon recommendation by the Public Art Advisory Committee. 13.8.B. Artists may have limited reproduction rights for portfolio purposes. Artists may not associate themselves or their work with Martin County without prior written permission from the County Administrator. Artists’ use of the County seal is prohibited. 13.8.C. Public art may be decommissioned, surplused and sold or may be donated to a not-for-profit entity or governmental agency at the sole discretion of the Board of County Commissioners. Part Two. Conflicting Provisions. Special acts of the Florida Legislature applicable only to unincorporated areas of Martin County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this Ordinance to the extent of such conflict except for ordinances concerning the adoption of or amendment of the Martin County Growth Management Plan. Part Three. Severability. If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance or any provision thereof shall be held inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. Part Four. Applicability. This Ordinance shall be applicable throughout the unincorporated area of Martin County. Part Five. Filing with the Department of State. The Clerk shall be and is hereby directed forthwith to scan this Ordinance in accordance with Rule 1B-26.003, Florida Administrative Code, and file same with the Florida Department of State via electronic transmission. Part Six. Effective Date. 39 of 42 Struck through passages are deleted; underlined passages are added 10 This Ordinance shall take effect upon filing with the Department of State. Part Seven. Codification. Provisions of this Ordinance shall be incorporated in the Martin County Code, except parts Two through Seven shall not be codified. The word “ordinance” may be changed to “section”, “article” or other word, and the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions. PASSED AND DULY ADOPTED THIS ____ DAY OF ________________, 2019. ATTEST BOARD OF COMMISSIONERS OF MARTIN COUNTY, FLORIDA ________________________________ ______________________________ CAROLYN TIMMANN, CLERK OF THE EDWARD V. CIAMPI, CHAIRMAN CIRCUIT COURT AND COMPTROLLER APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ______________________________ KRISTA A. STOREY ACTING COUNTY ATTORNEY 40 of 42 ITEM 4B ART IN PUBLIC PLACES PUBLIC ART SITE SELECTION COMMITTEE AGENDA ITEM May 28, 2019 PREPARED BY: Susan Kores, Manager, Office of Community Development TITLE: Stuart Beach Ceramic Relief Mural Update EXECUTIVE SUMMARY: This artwork by one of our local artists, Brenda Lee, has been restored by Mia Lindberg, another of our amazing local artists. She will present some before and after pictures of the work that has been done to refresh this beautiful piece of our AIPP inventory. LEGAL SUFFICIENCY REVIEW: N/A ISSUES: N/A FISCAL IMPACT: N/A RECOMMENDED ACTION: Hear the presentation and provide direction as necessary ITEM 4B 41 of 42 ITEM 6B ART IN PUBLIC PLACES PUBLIC ART SITE SELECTION COMMITTEE AGENDA ITEM May 28, 2019 PREPARED BY: Kim McLaughlin, Administrative Specialist, Office of Community Development TITLE: Art Inventory Repair Update EXECUTIVE SUMMARY: 1. Halpatiokee Park Mosaics – Jessica Liddell, artist for the Florida Wildlife Mosaics, came to Florida in April to complete the Spoonbill mosaic repair and installation on the concession stand wall. The repairs were not possible onsite. After discussing options with her, it was decided that she will reconstruct the Spoonbill and Panther mosaics in her studio and install them in February of 2020 at no additional cost to Art in Public Places. She has requested a 30% deposit. We are currently working to amend the contract. 2. Southeast of Disorder Sculpture • Building Department • Elliott Museum 3. Wind Games Kinetic Sculpture • Letter from Artist • Auction • General Disposal LEGAL SUFFICIENCY REVIEW: N/A ISSUES: N/A FISCAL IMPACT: N/A RECOMMENDED ACTION: Move that the PAASC recommend a preference for approval by the Board of County Commissioners on items 2 and 3. ITEM 6B 42 of 42 28-May-19 PAAB Agenda Figures 1. CALL TO ORDER 2. APPROVAL OF MINUTES – March 25, 2019 3. COMMENTS 4. PRESENTATIONS 5. NEW BUSINESS 7. COMMENTS A. Public B. Members C. Staff 8. ADJOURN 190325_AIPP_DRAFT_Meeting Minues.pdf PRESENT 1. CALL TO ORDER - The meeting was called to order at 5:00 pm. 2 CONSENT AGENDA 3. COMMENTS A. Public – Nothing to report B. Members C. Staff – Nothing to report 4. PRESENTATIONS – nothing to report 5. NEW BUSINESS – nothing to report 6. OLD BUSINESS A. Public B. Members C. Staff – nothing to report 6. ADJOURN 4A_190528_Cummings_Library_Literary_Garden.pdf 4A_Attachment_Peter and Julie Cummings Library Outdoor Pavilion.pdf 4B_190528_Stuart Beach Ceramic_Update.pdf 6A_190528_AIPP_Ordinance_amendment.pdf Art in Public Places Ordinance 5.15.19.final.pdf 6A_190528_Attachment_Art in Public Places Ordinance 5.15.19.final.pdf 6B__190528_Art_Inventory_Repair_ Update.pdf