Item S05
BOARD OF COlJ.'\fI'y CO~'I,\11SSION
AGF:NDA ITE'l SlJMl\lARY
\1ect:ng l)a!e--=~l ~iO_~ - KL.
Division Count)' Attoll1.~)" s Otli.ce
(luJk !tem: Yes X
1"\0
Staff Corlta(J Per"on: S~L7.allne HuHon
....---..
AGrNfJA ITt:M \VORl>l~G:
Approval to advertise an Ordill(l.llce amending tht' AI1:=, in Public Plan:s Ordinance to provide a
prekrenct ii)r local .altis-b.
rn~!\l B/\CKGHOliNn:
In the recem evaluatlon of <lrtj~n and their ;Jropos<lls br art a~ the Freeman Justice Cemer, one ofrhe
fh.... !\ rrp tunding pJ'OLeSs.es followed since enactment of the ord~nam:e. local artlst~ \vere Ji~par<ilely
impacted by the evaluation process utilizt'd by the i~..rtS in PubHc Places AdvIsory Committee. Section
1~520( I). I:]orida Statutes allows for a local preference mdimmte Eo be pa5!>ed by locat go\'etJUnem~
llRrVlOLS Rf~LEVA~T BOCC ACTIO":
Ordinance ~o. 02::::':01) 1 was enacted to establish an Arts in Public Places program
CO~TR.-\CT/AGRE F.'.' [~T CH A "G rs:
STAFF RECOMMl~i'I.l>ATIO"S~
Approval to advertlse for one public hearing on June 15, 2005 in Maratnol1. Horida.
TOT.\L COST: ,_..._~~2L-~
BII DG ETED: Yes
"0
COST TO COL:\T)':
'....A
SOl! Ref: OF FU\IlS:
REVE'TE PRODITL~C: Yes "0 x .\MOn\T PER ,\JO"TH Year
APPROVED BY~ County ..\tt~/t~ O\tllJPurcbasing _ Risk \1anagemem
~~ h n . 0 ti ~ ~. l \ -------
DI\'ISIO~ DIRECTOR .-\pr~ROVAL; ~_ n~_:.U--,~__. t)'c.. a.~ 0 ~
01 iN R. COLLl:."JS. COUNTY A TTORt\FY
DOC LJMENTA TION ;
tncluded X
Not R~quired_.
[)ISPOSITIO:\~
AGE~DA ITEM #
R:;\"i SJ..,'d 2 ...(\~
Mayor Spehar
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING CHAPTER 2 Of THE MONROE COUNTY CODE
ENTITLED "ADMINISTRATION" BY AMENDING SEC. 2-332(A)
IN ORDER TO PROVIDE A PREFERENCE IN SELECTION OF
LOCAL ARTISTS; BY AODJNG SEC. 2-332(A)(b) TO
INCORPORATE LANGUAGE FOUN D IN SECTIONS 2,31 AND 4
OF ORDINANCE NO. 022- 2001; PROVIOI NG FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE
WHEREASI Ordinance No. 022.-2001 was enacted to establish an Arts in Public
Places progra m I i nclud i ng mechan rsms for funding and selection of art to be
mstaiied in publIC buildings, both new constructfon and major renovat!olls~ and
WHEREAST Section 255.04, f~orida Statutes, sets forth a preference for home
industries in the construction of publiC buildings; and
WHEREAS6 Section 255. 20( l)(i), Fforida Statutes, allows for a local preference
ordinance to be passed by locat governments for procurement for pubHc
construction works; and
WHEREAS, Ordinance No. 022-2001 of Monroe County requ~res art to be placed
\11 nl.;;w~y con5tructed pubHe buildings costjng over $500,000.00 or which are being
renovated at a cost of over $100,OO.OO~ and
WHEREAS, lo(:~' artists have been ";,.inderutilized in the placement of art ir'i pub~ic
buildmgs; and
WHEREAS, the Monroe County Tourist Development Council has long recogrl'zed
and promoted the wea!th of local artistry in the Fionda Keys; and
WHEREAS, the Board Df County Commi~stoners of Monroe County find it in the
pub~lc interest to promote the local eCDnomy, to reduce the disparate impact on
local art~sts, a!ld promote the reputation of Monroe County as an arts center by
providing a preference for Monroe County artists; and
WHEREAS, SectlOns 21 3 and 4 of Ordinance No. 022-2001 were pres€nted
without suet, prefatory ~anguage as would result in those sections of the ordinance
being codified by the service which prints the Monroe County Code~
NOW, THE REFORE, BE IT ORDAINiE D BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. See. 2-332(A} of the Monroe County Cooe is hereby amended by the
addition of the following:
( a) (3) In order to I ncre2:se partici pation an d selection of ioca I artists; the Arts in
PubllC Piaces Committee sha~l Issue a Request for Qualifications to select a group
of artists to submit proposals for qualified construction projects. In addition to
regular procurement procedures, the Request for Quatrfications shall be advertised
in all newspapers in Monroe County in which ~egal notices may be published
pursuant to Flohda Statute; however, such notices sha~r not be in the legal notice5
section of the newspaper. Fu rther publ~cation of the Req uest for Qua I if~catlOns
shall be accomp1ished by regular mc~1 and electro:'1ic means to locai arts
organizations w~th i n Man roe County, If aV<:Olliabief ami mm u m of Ofle- half (50 per
cent) of the a rtists selected by the Request for QualtficatiQns shall be loca I artists.
For purposes of this section, "local artist" means an artist who resides in or
manufactuies art in Monroe County for at least one hundred eighty (180) days of
edc~l calendar year.
Section 2. See. 2-322{A){b) is hereby created to mcorporate Sectmrrs 2. 3, and
4 of Ordinance No. 022-2001/ and sMaH read as foUows:
(b)rhere ~s hereby established an Arts jn PubliC: Places Committeel which shall
be an advisory board to the County Commission. The Arts in Public Places
Committee shall be composed of five voting members and two non-votlog
members! and sh~~j have the sole purpose of reviewing responses to RequE5ts for
PropDsals For art to be acquired and installed in each publi(: COTlstructior. project
subjen to nle Arts in Publ ic Places set aSide req uirement.
(1) Each County Commissioner shall appoint one voting member whose
term sha 11 !un concurrentl Y wIth the term of the appoi nti ng com missioner
and who shall live or work in the i:lppomting commIssioner's djstrict. There
shaH be one vottng board member who is ejther a board member or staff of
the Monroe Council for the Arts Corporation. Each remainmg voting
member must represent one or more of the following:
a. working artist;
b. a rt professional;
c- landscape archjtect or fntenor designer;
d. curator; or
e. genefa~ publ ie
(2) The County AdminjstratOl shall appoint to the committee the two
non-voting members on a project by project basis_ The non-voting
mem bers sha ~I be fa mHia r with the project tr.roug h their position or contract
as the architect/ the building/project supervisor! or a Siml!ar nexus to the
project.
S.~Q.;LQ!ll.. !f any section! subsection/ sentence, clause or provIsIOn of this
ordmance is held lnva~td r the remai nder of this ordinalice sha II not be affected by Such
i rlvajjdrty _
.S~e~qj.Q.n.,~. AB ordinances or parts of ord~nances in conflict with th is ordin anc:e
are hereby repeated to the extent of said conflict
s..~iQD_~..:. The prQvis!ons of this ordfnance shall be included and incorporated in
the Code of Ordjnances of the County :If Monroel Florida, as an addition or amendme~t
thereto, cmd shan bE approphately renumbered to conform to the uJliform number~ng
system of the Code.
Section 6. ThfS ordinance shall take effect immediately upon rec€tpt of officiai
notice from the Office of the Secretary of State of the State of Florida that this ordinance
has been fjled wtth said Office.
PASSED .A.ND ADOPTED by the Board of County Commtssioners of Monroe County,
Florida, at a regular' n1eeting of said Board held on the 18th day of April, 2001.
f'-1ayor DIxIe r-.1. Sperar
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner Murray Nelson
Com missioner George Neugent
Com m lssiofler David Rice
(SEAL)
Attest; DAN NY L, KOLHAGE, Oerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORJDA
By___ _._ _. ~_.'.___.__.__.
Depwty Clerk
By
Ma yor
r-..WNROE COUNTY ATTORNEY
APPROVED AS TO FORM:
~kr;.
SUSAN M. GA~
.A.SSJSTANT COUNTY ATTORNEY