HomeMy WebLinkAbout11-016
~ " ORDINANCE NO. 11-016
AN ORDINANCE AMENDING THE ST. LUCIE COUNTY
CODE AND COMPILED LAWS BY AMENDING SECTION
1-4.5-2 "ART IN PUBLIC PLACES PROGRAM" TO
SUSPEND THE PROGRAM FOR TWENTY-FOUR
MONTHS; AMENDING SECTION 1-4.5-3 "ART IN PUBLIC
PLACES TRUST FUND" TO DISTRIBUTE THE FUNDS
WHICH REMAIN IN THE TRUST FUND; PROVIDING
FOR CONFLICTING PROVISIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR APPLICABILITY;
PROVIDING FOR FILING WITH THE DEPARTMENT OF
STATE; PROVIDING FOR AN EFFECTIVE DATE;
PROVIDING FOR ADOPTION AND PROVIDING FOR
CODIFICATION
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has
made the following determinations:
1. On July 6, 1999, the Board of County Commissioners created by Ordinance an Art in
Public Places program.
2. It is now necessary to suspend the Art in Public Places program for twenty-four (24)
months and redistribute the funds in the Art in Public Places Trust Fund.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners
of St. Lucie County, Florida:
PART A. Chapter 1-4.5, "Art," of the Code of Ordinances of St. Lucie County, Florida,
is amended as follows:
ARTICLE I. ART iN PUBLIC PLACES
Sec. 1-4.5-1. NO CHANGES
Sec. 1-4.5-2. Art in public places program.
(a) Appropriations for county capital projects shall include an amount equal to two (2) per cent
of the total eligible construction costs to be used for artist design services and for the selection,
acquisition and display of artworks for related education programs, for the maintenance of
county artworks, and for the administration of the master plan. Funds appropriated pursuant t~
CLERK OF THE CIRCUIT COURT
JOSEPH E. SMITH,
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FILE # 3592425 05I16I2011 at 10:11
PAGE 2965 - 2970 D°c Type: ORDN
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' this section shall not exceed one hundred thousand dollars ($100,000.00) per project. Funds
appropriated for one (1) capital project, but not deemed necessary or appropriate by the council
in whole or in part for that project, may be expended on other public art projects approved under
the annual master plan, subject to any bond restrictions and legal or grant restrictions. Bond
funds shall be appropriated and accounted for in the bond capital project accounts. All county
agencies may opt to participate in the art in public places program for any improvement project
not otherwise subject to this article.
(b) Appropriations for transportation capital projects shall include an amount equal to one (1)
per cent of the total eligible construction costs to be used for site specific transportation
enhancement projects, including artist design services for such projects, for the maintenance of
such projects, and for the administration of the master plan relating to such projects. Funds
appropriated pursuant to this section shall not exceed one hundred thousand dollars
($100,000.00) per project. Bond funds shall be appropriated and accounted for in the bond
capital project accounts.
(c) The first priority for use of funds generated by a capital project shall be that capital project
site. The monies appropriated under this article may be used for artist design services, for the
development of design concepts and models, and for the selection, acquisition, purchase,
commissioning, placement, installation, exhibition and/or display of artworks. Artworks and
transportation enhancement projects shall be selected in accordance with the master plan and
may be temporary or permanent, may be integral to the architecture or may be incorporated into
the project. Integration of the artists' design concepts into the project architecture and/or design
should be ensured, insofar as is feasible, by the concurrent selection of the artist(s) with the
architect, engineer, or project designer.
(d) In the case of a project which involves the use of grant or county bond proceeds issued after
the effective date of this article, amounts for artist design services and artworks described in this
ordinance shall be used for projects and capital purposes consistent with state and federal laws,
the resolutions and/or ordinances approved by the board and the terms of the grant agreement.
(e) With the exception of transportation capital projects or as otherwise restricted by the board,
any applicable bond resolution or ordinance, local, state or federal law, or the conditions of a
granting authority, monies generated under this article may be pooled and expended for any
public art and design project in the county, subject to the approved master plan. Pooled funds
may be used as seed money for artists' fees to initiate partnerships with private and other public
entities to provide public art and aesthetic enhancements in St. Lucie County, pursuant to a
written agreement.
To the extent allowed by grant guidelines and by law, all county agencies shall, from the
effective date of this article, include in all applications for funding to outside granting
organizations or governmental agencies, an amount equal to two (2) per cent of eligible
construction costs for a capital project, not to exceed one hundred thousand dollars
($100,000.00), or an amount equal to one (1) per cent of eligible construction costs for a
transportation capital project, not to exceed one hundred thousand dollars ($100,000.00), for
artist design services and artworks or transportation enhancement projects, as specified herein.
(g) The minimum amount to be appropriated for artist design services, artworks, and
transportation enhancement projects shall be the total eligible construction costs multiplied by
0.02 or 0.01, as appropriate. This calculation shall be made by the county agency prior to the
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` time of the appropriation for the county's capital program. An amount equal to fifteen (15) per
cent of the eligible allocation of the construction project (which is 0.003 of the total eligible
construction costs for a capital project and 0.0015 of the total eligible construction costs for a
transportation capital project) may be used for project support and community participation
activities. For public-owned property this may include staffing, artist selection-related costs
(excluding travel of the selection committee), consultants, design/proposal/moquette costs,
identifying plaques, project documentation, publicity, community education activities and other
purposes as may be deemed appropriate for the administration of the program. An amount equal
to fifteen (15) per cent of the eligible public art allocation of the construction project for a capital
project (which is 0.003 of the total eligible construction costs) shall be set aside in a separate
account within the trust fund for curatorial services, insurance coverage, and the preservation and
maintenance of county artworks. An amount equal to fifteen (15) per cent of the eligible public
art allocation of the construction project for a transportation capital project (which is 0.0015 of
the total eligible construction costs) shall be set aside in a separate account within the trust fund
for curatorial services, insurance coverage, and the preservation and maintenance of the specific
transportation enhancement project. The council shall recommend that any artwork or
transportation enhancement project needing extraordinary operational or maintenance costs be
reviewed by the appropriate county agency director prior to recommendation to the board. The
council shall also be responsible for conducting an annual maintenance survey of artworks and
transportation enhancement projects. This survey shall include a condition report on each work,
prioritized recommendations far the restoration or repair and maintenance, and estimated costs.
Such repair and maintenance shall comply with any contractual obligations which may have
been entered into by the county in the acquisition of the artworks. Expenditures of monies in the
artwork and transportation enhancement projects maintenance and project support accounts shall
be annually recommended by the council and included in the proposed annual budget submitted
to the board. Funds in the maintenance and conservation account not expended by the end of the
close of any fiscal year shall be carried forward. The council shall also, review and update as
necessary the insurance requirements for artworks at least every five (5) years.
~h) The Art in Public Places Program is suspended for twenty-four (24) months. This term
may be reduced upon direction of the Board of County Commissioners. The Arts and Cultural
Alliance of St. Lucie Inc. shall make recommendations to the Board of County Commissioners
for chan,ges to the Program before its reinstatement in twentv-four (24) months. The Art in
Public Places advisory committee shall sunset until such time as the Board of County
Commissioners determines it appropriate to appoint a committee.
Sec. 1-4.5-3. Art in public places trust fund.
(a) Created. There is hereby created "art in public places trust fund" consisting of all funds
appropriated and deposited to the trust fund in connection with the construction or renovation of
a facility or system pursuant to sections 1-4.5-2(a) and 1-4.5-2(b). The trust fund is also
authorized to accept gifts, grants and donations made to St. Lucie County for works of art. All
appropriations, gifts, grants and awards of monies hereunder shall be deposited in an interest-
bearing account entitled the "St. Lucie County Art in Public Places Trust Fund Account", which
shall be a separate account established and maintained apart from the general revenue funds and
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' accounts of St. Lucie County. All interest in said account shall accrue to the use and benefit of
the trust fund account.
(b) Term of existence. The St. Lucie County Art in Public Places Trust Fund Account shall be
self-perpetuating from year to year unless specifically terminated by the board.
(c) Trust assets. All appropriations, gifts, grants and awards of money or property received
hereunder from either public or private donors shall be placed in trust for and inure to the use and
benefit of St. Lucie County for public art and design purposes; and said property and funds shall
be expended, utilized and disbursed pursuant to the provisions of this section.
(d) Appropriations and donations.
(1) Eligible monies appropriated pursuant to this article shall be transferred to the trust fund.
This transfer shall take place within thirty (30) days of the approval by the board of the
construction contract for an eligible project.
(2) Funds deposited or credited to the St. Lucie County Art in Public Places Trust Fund
Account, except funds for maintenance and conservation of county artworks and transportation
enhancement projects, not expended or obligated by the close of any fiscal year shall be carried
over automatically for a period of three (3) years beyond the close of the county construction
project, or upon recommendation of the council, carried over for an additional two (2) years. Any
funds carried over for three (3) years, or upon request five (5) years, and still unexpended at the
expiration of such period, shall be transferred to the general fund for general art purposes or
transportation enhancement projects, as appropriate, only; provided that funds derived from other
restricted sources shall revert to the funds from which originally appropriated at the expiration of
said three- or five-year period, or if project is canceled, as applicable.
(3) Any gifts, grants and awards received subject to a condition shall be expended strictly in
accordance with such condition.
(e) During the term of the sus~ension implemented in section 1-4.5-3(h), any funds in the Art in
Public Places Trust Fund which are not already encumbered bv contract shall be distributed as
follows:
Fifteen thousand dollars ($15000.00) shall be set aside for maintenance of the existin~ art
ip eCes.
(2) Any funds placed into the Art in Public Places Trust Fund durin~ Fiscal Year 2010-20ll
shall be returned to the countv department from where the funds ori ing ated•
(3) The County will enter into a contract with the Arts and Cultural Alliance of St. Lucie, Inc. for
seventy-four thousand dollars ($74 000.00) for other activities which would have been permitted
under the Art in Public Places Ordinance. Funds for this contract will be paid for bv the AIPP
funds that were contributed from the Parks MSTU.
(4) Forty-six thousand seven hundred and twent~nine dollars ($46,729.00) shall be returned to
the Airport Count~pital and Transportation Trust accounts.
~5) Three hundred and forty-two thousand five hundred and thirty seven dollars ($342,537.00)
shall be distributed bv grant a~reement to the Arts and Cultural Alliance of St. Lucie Countv,
Inc for im~lementation of the goals of the Strate~c Plan as presented to the BOCC on March
22 2011 includin~in~ an executive director.
Sec. 1-4.5-4. NO CHANGES
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Sec. 1-4.5-5. NO CHANGES
PART B. SEVERABILITY.
If any word, phrase, clause, section or portion of this ordinance shall be held invalid or
unconstitutional by a court of competent jurisdiction, such portion or words shall be deemed a separate
and independent provision and such holding shall not affect the validity of the remaining portions thereof.
PART C. EFFECTIVE DATE.
This ordinance shall become effective immediately upon adoption.
PART D. FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of
Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304.
PART E. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chairman Chris Craft AYE
Vice Chairman Chris Dzadovsky ABSENT
Commissioner Paula A. Lewis AYE
Commissioner Tod Mowery AYE
Commissioner Frannie Hutchinson AYE
PART F. CODIFICATION.
Provisions of this ordinance shall be incorporated into the Code of Ordinances of St. Lucie
County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate
word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention;
provided, however, that Parts "B" through "F" shall not be codified.
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PASSED AND DULY ADOPTED this 3`d day of May 2011.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
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County Attorne
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RICK SCOTT DIVISION OF LIBRARY AND INFORMATION SERVICES KURT S. BROWNING
Governor Secretary of State
May 24, 2011
Honorable Joseph E. Smith
Clerk of the Circuit Court
St. Lucie County
2300 Virginia Ave
Fort Pierce, Florida 34982
m
Attention: Ms. Millie Delgado-Feliciano, Deputy Clerk
Dear Mr. Smith:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated May 13, 2011 and certified copies of St. Lucie County Ordinance Nos. 11-014 and 11-016,
which were filed in this office on May 20, 2011.
Sincerely,
c
Liz Cloud
Program Administrator
LC/vm
DIItECTOR'S OFFICE
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