Item C25 C.25'
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CountCounty ��Monroe. ,y, ? "tr, BOARD OF COUNTY COMMISSIONERS
y M T� \�1a� Mayor Michelle Coldiron,District 2
�1 1 nff `_ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
May 19, 2021
Agenda Item Number: C.25
Agenda Item Summary #8250
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Patricia Eables (305)292-3477
n/a
AGENDA ITEM WORDING: Approval of a Resolution to re-enact and reorganize the Art in
Public Places (AIPP) Committee, which was inadvertently omitted in passage of Ordinance No. 001-
2009 when the Monroe County Code was recodified, and to ratify all committee actions taken since
2009.
ITEM BACKGROUND: The Art in Public Places Committee ("AIPP Committee") was
established by Ordinance No. 022-2001, on May 16, 2001. Said Ordinance established the funding
of the public art program in Monroe County for inclusion of public art in County buildings. The
Ordinance also established the requirements for membership of the AIPP Committee and the terms
of service. The AIPP Committee has continued to operate since its inception in 2001.
On January 28, 2009, the BOCC recodified the County Code and enacted an enabling ordinance
when it adopted Ordinance No. 001-2009. That ordinance repealed certain ordinances that were not
included in the recodified code. It was recently learned that certain sections of the AIPP Ordinance
were inadvertently omitted from the 2009 recodified Code of Ordinances. The sections omitted
established the advisory committee, its composition, method of appointment of Committee members,
and terms of office.
It was not the intention of the BOCC to disband the AIPP Committee when it recodified the County
Code. This Resolution reestablishes the AIPP Committee and tracks the original enabling ordinance
with minor clarify edits. The Resolution also ratifies and approves all actions that have been taken
by the AIPP Committee since January 28, 2009, the date of the adoption of Ordinance 001-2009.
The BOCC supports the actions and operation of the AIPP Committee and believes it serves its
purpose of inclusion of public art in County buildings.
PREVIOUS RELEVANT BOCC ACTION:
May 16, 2001 BOCC approved Ordinance No. 022-2001 establishing the public art
program and enactment of the Art in Public Places Committee.
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C.25
January 28, 2009 BOCC approved Ordinance No. 001-2009 enacting a new Code of
Ordinances and repealing certain provisions which inadvertently omitted
certain sections of the AIPP Ordinance.
CONTRACT/AGREEMENT CHANGES:
New Resolution for AIPP Committee
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
RESOLUTION ON AIPP (Revised final legal stamped)
FINANCIAL IMPACT:
Effective Date: 5/19/2021
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details: This Resolution re-establishes the AIPP Committee.
N/A
REVIEWED BY:
Bob Shillinger Completed 05/04/2021 5:21 PM
Patricia Eables Completed 05/04/2021 5:23 PM
Purchasing Skipped 05/04/2021 4:59 PM
Budget and Finance Skipped 05/04/2021 4:59 PM
Maria Slavik Skipped 05/04/2021 4:59 PM
Liz Yongue Completed 05/04/2021 5:28 PM
Board of County Commissioners Pending 05/19/2021 9:00 AM
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C.25.a
RESOLUTION NO. -2021
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
REESTABLISHING THE ART IN PUBLIC PLACES
COMMITTEE AND RATIFYING ALL ACTIONS OF SAID c
COMMITTEE SINCE JANUARY 28, 2009, ESTABLISHING
COMPOSITION OF THE COMMITTEE; AND PROVIDING _
AN EFFECTIVE DATE.
WHEREAS, in 2001, the Monroe County Board of County Commissioners ("County" or
"BOCC")recognized it was in the best interest of its citizens to increase public access to art; and 2
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WHEREAS,the County desired to promote an understanding and create an awareness of the visual
arts and to enrich the public environment for residents and visitors; and
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WHEREAS,on May 16,2001,the BOCC enacted Ordinance No.022-2001,to provide for funding
of art in new public construction and major renovation projects; and
WHEREAS, Ordinance No. 022-2001 established, among other provisions,that one percent(1%) o
of the construction costs for County construction, except for any sewage treatment plant, shall be set aside T
for the acquisition, commission, installation, and maintenance of works of art in said buildings, with said W
appropriation to apply only to new construction exceeding $500,000 or renovations exceeding $100,000 in
cost; and
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WHEREAS,Ordinance No. 022-2001,also established an Art in Public Places Committee("AIPP
Committee"), to be an advisory body to the County Commission, with the purpose of reviewing Requests C
for Proposals for art to be acquired and installed in public construction projects; and
WHEREAS, Ordinance No. 022-2001, also set forth the composition of the members of the AIPP
Committee, the selection process for such members, and other such enabling provisions; and A
WHEREAS, the AIPP Committee has continued to exist since its inception in 2001 and provided �--
guidance to the BOCC on the selection of public art in County buildings; and CL
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WHEREAS, in 2009, the BOCC adopted Ordinance No. 001-2009 enacting a new Code of
Ordinances ("Code"), that was of greater utility to the citizens of the County and those who used the Code z
on a regular basis; and
WHEREAS,in the adoption of Ordinance No. 001-2009,it also provided for the repeal of certain
ordinances not included therein; and
WHEREAS, in the adoption of Ordinance 001-2009, Sections 2, 3, and 4 of Ordinance No. 022-
2001, as to the composition of the AIPP Committee and its operations, were inadvertently omitted in the
new Monroe County Code Section 2-233 on the funding of art in new public construction and major
renovation projects;
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C.25.a
WHEREAS,the BOCC never intended to abolish the AIPP Committee which has served its public
purpose to enhance the development,promotion, and enjoyment of the arts in the community; and
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WHEREAS, the County Administrator has proposed to re-enact and reorganize the Art in Public
Places Committee and continue its program; and
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WHEREAS, the BOCC supports the continuation of the Art in Public Places program and the c
services of the AIPP Committee; and CL
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WHEREAS,the County,therefore,wishes to re-establish the AIPP Committee and the provisions
for its operations in the future, and ratify all actions taken by the AIPP Committee since January 28, 2009;
and
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY AS FOLLOWS:
SECTION 1: Recitals. Each "WHEREAS" clause set forth herein is ratified and 0
incorporated herein by this reference.
SECTION 2: Support and Action. The Board of County Commissioners accepts the
recommendation of the County Administrator regarding the re-enactment and reorganization of .2
the Art in Public Places Committee and the continued funding of public art pursuant to Monroe
County Code Sec. 2-233.
SECTION 3: AIPP Committee. There is hereby established an Art in Public Places
Committee,which shall be an advisory body to the County Commission. The Art in Public Places
Committee shall be composed of five (5) voting members and two (2) non-voting members, and 6
shall have the sole purpose of reviewing responses to Requests for Proposals for art to be acquired
and installed in each public construction project subject to the Art in Public Places set aside ru
requirement.
SECTION 4: Members. Each County Commissioner shall appoint one (1) voting
member whose term shall run concurrently with the term of the appointing commissioner and who
shall live or work in the appointing commissioner's district. There shall be one (1) of those five CL
(5)voting members who shall be either a board member or staff of the Monroe Council of the Arts 2t
Corporation. Each remaining voting member must represent one or more of the following:
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a) working artist;
b) art professional;
c) landscape architect or interior designer; 0
d) curator, or
e) general public
SECTION 5: County Administrator Appointment. The County Administrator shall
appoint to the committee the two (2)non-voting members on a project-by-project basis. The non-
voting members shall be familiar with the project through their position or contract as the architect
the building/project supervisor, or a similar nexus to the project.
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C.25.a
SECTION 6: Ratification. This Resolution, upon its adoption, shall apply
retroactively to the adoption of Ordinance No. 001-2009 on January 28, 2009, and any and all
action taken by the AIPP Committee since that date is hereby ratified and approved by the BOCC.
SECTION 7: Invalidity. If any section, subsection, sentence, clause, or provision of
this Resolution is held invalid,the remainder of this Resolution shall not be affected by such invalidity.
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SECTION 8: Effective Date. This Resolution shall become effective upon adoption
and shall continue to be in full force and effect until modified or rescinded by subsequent resolution
of this Board.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board on the 19th day of May, 2021. 2
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Mayor Michelle Coldiron
Mayor Pro Tem David Rice
Commissioner Craig Cates
Commissioner Eddie Martinez
Commissioner Mike Forster
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(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA E
By: By:
As Deputy Clerk Mayor
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I ,014RCE COUNTY ATTORMEVS OFFICE
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Sa r a�� 2 2 rc, EY
DATE _� �
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