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Item S01 3:00 P.M. PUBLIC HEARING BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 8/20/08 - MAR Division: County Attorney Bulk Item: Yes No~ Staff Contact Person: _Suzanne Hutton_ AGENDA ITEM WORDING: A Public Hearing to consider approval of an ordinance amending Section 2-332(A), Monroe County Code restricting the Art in Public Places funding element of public construction and renovation projects to buildings open to the public for daily conduct of business with the County effective August 20,2008. ITEM BACKGROUND: On May 16, 2001 the BOCC approved Ordinance No. 22-2001 enacting the Art in Public Places program for art in new construction and renovation projects exceeding $500,000 and $100,000 respectively. At the 7/2/08 BOee Special Budget Meeting, the Boee directed staff to schedule/notice a Public Hearing for July 16, 2008 at 3:00 p.m. in Key West to consider repeal of Ordinance No. 22-2001. At the July 16th Public Hearing, the Board denied repeal of Ordinance No. 22-2001 and directed staff to schedule/notice a public hearing for August 20,2008 at 3:00 p.m. in Marathon to amend Sec. 2-332(A), Monroe County Code restricting the AIPP funding element to buildings open to the public for daily conduct of business with Monroe County. PREVIOUS RELEVANT BOCC ACTION: 5/16/2001 BaCe approved Ordinance No. 22-2001 7/2/2008 BaeC directed staff to schedule/notice a Public Hearing for July 16, 2008 at 3:00 p.m. in Key West 7/16/2008 PH - BaCC denied repeal of Ordinance No. 22-2001 and directed staff to schedule a public hearing for August 20,2008 at 3:00 p.m. in Marathon CONTRACTIAGREEMENTCHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes ~ No COST TO COUNTY: N/A. SOURCE OF FUNDS: REVENUE PRODUCING: Yes No xx AMOUNTPERMONTH_ Year APPROVED BY: County Atty OMB/Purchasing _ Risk Management _ DOCUMENTATION: Included X Not Required _ DISPOSITION: Revised 2/05 AGENDA ITEM # ORDINANCE NO. - 2008 AN ORDINANCE AMENDING SECTION 2-332(A), MONROE COUNTY CODE; PROVIDING FOR RESTRICTION OF THE ART IN PUBLIC PLACES FUNDING ELEMENT OF PUBLIC CONSTRUCTION AND RENOVATION PROJECTS TO BUILDINGS OPEN TO PUBLIC FOR DAILY CONDUCT OF BUSINESS WITH COUNTY; PROVIDING FOR INCORPORATION INTO MONROE COUNTY CODE OF THOSE PROVISIONS OF ORDINANCE NO. 022-2001 PREVIOUSLY OMITTED THEREFROM; PROVIDING FOR ADVISORY COMMITTEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 16, 2001, Monroe County enacted an Art in Public Places program through Ordinance No. 22-2001; and WHEREAS, said ordinance specified that the funding for art in new construction and renovation projects would apply only if the project costs exceeded $500,000 and $100,000, respectively; and WHEREAS, numerous hurricanes affecting Florida in 2004 and 2005 and a number of natural disasters and terrorist attacks throughout the nation and the world since May 16,2001, have significantly increased construction costs to the extent that many projects envisioned at the time the ordinance passed as being under the applicable minimum have or will become subject to the ordinance; and WHEREAS, there was never any intention of funding art in public facilities seldom, if ever, visited by the general public; and WHEREAS, the State legislature, in 2007 and 2008, has limited the collection of ad valorem taxes by local governments; WHEREAS, many other factors have contributed to the County having very limited financial resources to operate and to build and maintain public facilities; and WHEREAS, it is deemed important that any future Art in Public Places program provide safeguards against funding in facilities not open to the general public on a daily basis; and WHEREAS, on July 16, 2008, at a public hearing on the repeal of Ordinance No. 22- 2001, the Board of County Commissioners deemed it in the best interests of the public to amend the ordinance rather than repeal it; and WHEREAS, Sections 2 through 4 of Ordinance No. 22-2001 were erroneously omitted from the County Code; now therefore 2008 Amend AIPP I BE IT ORDAINED BY THE BOARD OF COUNTY COMl\fiSSIONERS for MONROE COUNTY, FLORIDA that: SECTION 1. Section 2-332(A), Monroe County Code is hereby amended to read: Sec. 2-332(A). Funding of art in new public construction and major renovation projects. (a) The board of county commissioners recognizes the extent of cultural resources available in the county for development, promotion, and enjoyment of the arts. It is the intent of the county commission by enacting this section to enrich culturally and benefit the citizens of this county through the establishment of art in public places. (1) One (1) percent of the construction costs for county construction, except for any sewage treatment plant, shall be set aside for the acquisition, commission, installation and maintenance of works of art in said buildings. This appropriation shall apply only to new construction exceeding five hundred thousand dollars ($500,000.00) or renovations exceeding one hundred thousand dollars ($100,00.00) in cost. ' a. Construction costs do not include architectural and engineering fees, asbestos abatement or other environmental preparation, site work or contingency costs. b. All construction costs to be used for determining the amount of the art-in-public-places appropriation shall be calculated as of the date the construction contract is executed. c. Sewage treatment plants and other facilities not open to the general public for the daily conduct of business with the County shall be exempt from mandatory appropriations for art in public places. (2) The art-in-public places appropriations and gifts, grants and donations made to the county for the purpose of acquiring and installing art in public places shall be separately accounted for and may be used only for the following purposes: to acquire, commission, install, or maintain art in public places. @ There is hereby established an Arts in Public Places Committee. which shall be an advisory body to the County Commission. The Arts in Public Places Committee shall be composed of five voting members and two non-voting members. and 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 Arts in Public Places set-aside requirement. (0. Each County Commissioner shall appoint one 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 voting member who is either a board member or staff of the Monroe Council for the Arts Corporation. Each remaining voting member must represent one or more of the following: (i) working artist (H) art professional~ (Hi) landscape architect or interior designer~ (iv) curator: or (v) general public. (d) The County Administrator shall appoint to the committee the two 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. 2008 Amend AlPP 2 SECTION 2. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTION 3. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. SECTION 4. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the code. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on August 20, 2008, provided that this Ordinance shall be filed with the Department of State as provided in section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of August, 2008. Mayor Mario DiGennaro Mayor Pro Tem Charles "Sonny" McCoy Commissioner Sylvia Murphy Commissioner George Neugent Commissioner Dixie M. Spehar (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson ANNE A. HU TON COU~Fj9!b;r ;)atB __ 2008 Amend AIPP 3 Commissioner Dixie Spehar ORbINANCE NO 022 .. 2001 AN ORDINANCE CREA'J'tNG SEC. 2-332(A). MONROe COUNTY CODe. PROVIl)IN6 FOR FUNDIN6 Of ART IN NeW PUBLIc CONSl'RVCTION AND MAJOR RENOVATIONs PROJEcrs; PROVII>INt; FOR SEVERABI1.ITY; PROVIDIN& FOR THE REPEAL OF ALL ORDINANCES INCONsrsreNT HEREWITH; PROVIDIN6 FOR INCORPoRATION INTO THE MONRoE COUNTY CODE OF ORbINANCEs; AND PRO~ AN EFFEt:mn::. DATE. WHEREAS. the County finds it in the best interest of its citizens to increase public access to art: WHEREAS. the County desires to promote understanding and awareness of the visual arts and to enrich the public environment for residents and visitor.s; now, therefore BE IT ORDAINED BY TI-lE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA. ~ection 1. Sec. 2-332(A) is hereby created to read as follows: A. The Board of County Commissioners recognizes the extent of cultural resources available in the County for development. promotion, and enjoyment of the arts. It is the intent of the County Commission by enacting this ordinance to enrich culturally and benefit the citizens of this County through the establishlRellt of art in public places. 1) One percent (1%) of the construction costs for County construction, except for any sewage treatment plant. shall be set aside for the acquisition, commission. installation and maintenance of works of art in said buildings. This appropriation shall apply only to new Construction exceeding $500.000 or renovations exceeding $100,000 in cost. a) Construction costs do not include architectural and engineering fees, asbestos abatement or other environmental preparation, site work. or contingency costs. C 0:: o (J 4J 0::: 0:::. o lI.- o i.1.J -J N W .J It) .. ~.r~ b) All construction costs to be. used for determining the. amount of the ~ ::::::.t.:..-...t.. 3: : ~n-public-places appropriation shall be calculated as of the date the construction "l.. ' ~ct is executed. ''->0 M --1.CJ >- ;;:s~ c) Sewage treatment plants shall be exempt from mandatory ;! ~priations for art in public places. ~ 0 i..l.- (:) 0. :L 2) The art-in--public-places appropriations and gifts, grants and donations made to Monroe County for the purpose of acquiring and installing art in public places shall be separately accounted for and may be used only for the follOWing purposes: to acquire, commission. install. or maintain art in public places. Section 2. There is hereby established an Arts in Public Places Committee, which shall be an advisory body to the County Commission. The Arts in Public Places Committee shall be composed of five voting members and two non-voting members, and shalt have the sole. purpose. of reviewing responses to ,. Aequests for Proposals for art to be acquired and instaJled in each public construction project subject to the Arts in Public Places set aside requirement. Section 3. Each County Commissioner shall appoint one 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 shaJl be one voting member who is either a board member or staff of the Monroe Council for the Arts Corporation. Each remaining voting member must represent one or more of the following: a) working artist; b) art professional; c) landscope architect or interior designer; d) curator,or e) general public. Section 4. The County Administrator shall appoint to the committu the two non-voting members on a project by project basis. The non-voting members shaJl be familiar with the project through their position or contract as the architect, the building/project supervisor, or Q similar nexus to the project. Section 5: If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance. sholl not be affected by such invalidity, Section ~. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section Z The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe. Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. ~tion 8. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on theJ6th day of Mav ,2001. Mayor George Jl.Jeugent yes mmissioner Charles McCoy yes issiOf1er Murray Nelson yeR ioner Dixie Spehar yes ioner Nora Williams yes Jd@rdartnbldg BOARD OF COUNTY COMMISSIONERS / OF MONROE COUNTY, FLORIDA ~8= -e ~<::-d Mayor/Chairperson Sec. 2-332(A). Funding of art in new public construction and major renovation projects. (a) The board of county commissioners recognizes the extent of cultural resources available in the county for development, promotion, and enjoyment of the arts. It is the intent of the county commission by enacting this section to enrich culturally and benefit the citizens of this county through the establishment of art in public places. (1) One (1) percent of the construction costs for county construction, except for any sewage treatment plant, shall be set aside for the acquisition, commission, installation and maintenance of works of art in said buildings. This appropriation shall apply only to new construction exceeding five hundred thousand dollars ($500,000.00) or renovations exceeding one hundred thousand dollars ($100,00.00) in cost. a. Construction costs do not include architectural and engineering fees, asbestos abatement or other environmental preparation, site work or contingency costs. b. All construction costs to be used for determining the amount of the art~in-pubJic-places appropriation shall be calculated as of the date the construction contract is executed. c. Sewage treatment plants shall be exempt from mandatory appropriations for art in public places. (2) The art-in~public places appropriations and gifts, grants and donations made to the county for the purpose of acquiring and installing art in public places shall be separately accounted for and may be used only for the following purposes: to acquire, commission, install, or maintain art in public places. NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, August 20,2008, at 3:00 P.M., or as soon thereafter as may be heard, at the Marathon Government Center, 2798 Overseas Highway, MM 50, Marathon, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following proposed County Ordinance: AN ORDINANCE AMENDING SECTION 2-332(A), MONROE COUNTY CODE; PROVIDING FOR RESTRICTION OF THE ART IN PUBLIC PLACES FUNDING ELEMENT OF PUBLIC CONSTRUCTION AND RENOVATION PROJECTS TO BUILDINGS OPEN TO PUBLIC FOR DAILY CONDUCT OF BUSINESS WITH COUNTY; PROVIDING FOR INCORPORATION INTO MONROE COUNTY CODE OF THOSE PROVISIONS OF ORDINANCE NO. 022-2001 PREVIOUSLY OMITTED THEREFROM; PROVIDING FOR ADVISORY COMMITTEE; THE PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. '" Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the County Administrator1s Office, by phoning (305) 292-4441, between the hours 018:30 a.m. - 5:00 p.m., no later than 2 working days prior to the scheduled meeting; if you are hearing or voice impaired. call "711 If. Dated at Key West, Florida, this 17th day of July, 2008. (SEAL) DANNY L. KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Publication dates: Reporter (Fr) 7/25112008 Keynoter (Sa) 7/2612008 KW Citizen (Su) 7/27/2008 Nance Frank, Chairperson ofthe AIPP Committee, 1717 George St. Key West Former County Mayor Shirley Freeman could not be with us today, but asked that I read this st<lten~eltt into the record. utLUc.. . From Shirley Freeman -:; Fonner Monroe County Commissioner and Mayor. Chairman Toe Cultural Umbrella .... . One of the founders of the Florida Keys Council of the Arts Dear Mr. Mayor and County Commissioners. <--I' p~- I ask you leave the Art in Public Places ordinance as it is. Monroe County can be proud to be one of the progressive counties in the country that has a viable Art in Public Places ordinance. Public Art is essential to the well being of a healthy community. New York would not be so grand without the Statue of Liberty or Grand Central Station. In Paris, France, even the subways have beautiful architecture and art displays. One ofthe most bleak and depressing places in the world was Stalin's Communist Russia where art was considered frivolous and the buildings, public works, and even the cemetery gravestones were without decoration. It was awful. The advisory committee you commissioners have appointed to coordinate the Art in Public Places activities has done a great job during the eight years since its creation. I ask you to let them continue to do their work and continue to bring to you solid, well thought-out recommendations. Let them do the work, and let them take the grief. You always have the final say. Please leave the Art in Public Places Ordinances as it is. Thank you for your consideration, Shirley Freeman S.{ During the heart of The Great Depression economic experts were sent to Monroe County and found no fresh water, beaches or other resources. They came to the conclusion that culture; architectural, performing, literary and visual arts should be the economic engine for Monroe County. 74 years later it is our best resource, it brings in tens of millions of dollars a year, that stay here, and is 100% green. Our authors, performers and visual artists bring tremendous stature to The Florida Keys all over the world, and takes pressure off the endangered reef. Ours arts and artists are our most precious resource. Thank you!