HomeMy WebLinkAbout19-011ORDINANCE 19-011
AN ORDINANCE AMENDING THE ST. LUCIE COUNTY
CODE AND COMPILED LAWS BY AMENDING ARTICLE III,
"ART IN PUBLIC PLACES" SECTION 32-60 DEFINITIONS";
"SECTION 32-61 "ART IN PUBLIC PLACES PROGRAM";
AND SECTION 32-62 "ART IN PUBLIC PLACES 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 (the
"Board")has made the following determinations:
1. On July 6, 1999, the Board of County (-nmmissinners created, by Ordinance, an Art
in Public Places program.
2. As part of the Board's May 2010 Strategic Planning Session, titled "Steering a Path
to Fiscal Sustainability", the Board eliminated funding to the Cultural Affairs
Department. The Board provided startup operational funding for the new Arts and
Cultural Alliance non-profit agency. The name change reflected the replacement
of the St. Lucie Cultural Affairs Council with the Arts & Cultural Alliance, a non-
profit agency.
3. On May 3, 2011, the Board of County Commissioners pursuant to Ordinance No.
11-016, suspended the Art in Public Places program for twenty-four (24) months
and redistributed the funds in the Art in Public Places Trust Fund.
4. On November 5, 2013, the Board of County Commissioners amended the
Ordinance to change the name of the Council from the St. Lucie Cultural Affairs
Council to The Arts and Cultural Alliance of St. Lucie, Inc.
5. The Arts and Cultural Alliance of St. Lucie, Inc. dissolved in 2016.
6. On December 21, 2017, the Board St. Lucie r-Gu4#„ and Brevard Cultural Alliance
entered into a contract for the Brevard Cultural Alliance to provide services in area
of building a sustainable local arts agency for St. Lucie County.
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4609909 08/26/2019 12:47:52 PM
OR BOOK 4313 PAGE 46 - 54 Doc Type: ORDN
RECORDING: $78.00
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7. On March 19, 2019, the ct, r-o w#y Board of County Commissioners approved
a resolution repealing Resolution No. 09-282 and designated the St. Lucie Cultural
Alliance as the Local Arts Agency.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
St. Lucie County, Florida:
PART A. Article III, Section 32-60 of the Code of Ordinances of St. Lucie County,
Florida, is amended as follows:
ARTICLE III. ART IN PUBLIC PLACES
Sec.32-60 Definitions
Artwork means works in a variety of media produced by professional vis, -af artists.
Works may be permanent, temporary or functional and may include, but not be limited
to, murals, sculpture, kinetic art, paintings, digital art (including new media), light art (such
as projections or illuminations), video, soundscapes, culinary arts, literature, music, dance,
theatrical presentations, integrated architectural or landscape architectural work, art that
enhances streetscapes, performance events and festivals an-d-4which may be at a wide
range of forms and scale). The Artwork may be a fusion or hybrid of known or, as yet,
unknown Artworks.
Capital project means any County capital improvement project costing more than
$50,000.00 and paid for wholly or in part by funds appropriated by the County to
construct or renovate any park, above grade utility, and to construct or renovate any
building, except a County detention facility or any capital improvement project at the
County international airport, and projects funded by the infrastructure sales tax.
Council means The .44s-anc-1 E-l!teral nEe of St. Luc-ie,laat.1 St. Lucie Cultural
Alliance or any successor organization as designated by the Board of county
Art in Public Places Advisory Committee means a representative advisory arou
Ernaigri-sipg of one appointee from each County Commissioner [51, One County
Commissioner or their representative [11 the Commissioner will rotate each year, three
representatives from St. Lucie Cultural Alliance 131, A representative from County
Facilities Department [11, with the Chair of the advisory committee being one of the
three St Lucie Cultural Alliance representatives, the Chair having the tie breaker vote.
Public Art and Design Committee means an ad hoc sub -committee of the Art in
Public Places Advisory Committee which will meet to review artist submissions and
locations. Each ad hoc committee may be convened in direct response to the need of
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Art in Public Places initiatives on an individual basis. Public Art and Design Committee
members will be chosen by the Art in Public Place Advisory Committee to include, when
possible, representation from neighboring residents as well as representation of the
various artistic professions applicable to the Artwork involved in each project for which
a committee is needed. Their recommendation will go before the Art in Public Places
Advisory Committee. A member of Art in Public Places Advisory Committee cannot
simultaneously serve on the Public Art and Design Committee.
County means St. Lucie County, Florida. For the purposes of this article, the county
erosion district and the county mosquito control district are specifically excluded from
the definition of County.
Eligible construction costs means the total project appropriation of County funds
for an eligible project, including engineering and design. Eligible construction cost does
not include demolition costs, soil remediation costs, equipment costs, real property
acquisition costs, County detention facility projects, and projects at the County
international airport. Eligible construction cost does not include costs funded from
impact fee funds, infrastructure surtax funds, enterprise funds, erosion district funds,
mosquito control district funds, and any other fund where the legal uses of the funding
would not include arts in public places. Grant funds and bond funds will only be
considered eligible construction costs if the funds are specifically eligible for arts in
public places as specified in the grant and bond documents and will be accounted for
in the appropriate grant and/or bond fund.
Equipment costs means, for the purposes of the public art/design and
transportation enhancement project calculation, those costs for the acquisition of
mechanical equipment of standard manufacture.
Annual A4v,;fP Plan means a manual of criteria for the selection of sites and Artwork
to be developed by the coil St. Lucie Cultural Alliance and the aArt in Public Places
Advisory Committee with public input and approved by the Board of
Commissioners prior to its implementation. This manual shall also provide for a
comprehensive program for Art in public places Artwork which shall also include the
display of loaned Artwork. ip sq .ate pubic buildings. The Annual Plan shall also
include an estimated budget addressing maintenance, aft repairs, ^f exiStiRGI ortw orLc
de -commissioning, woA, community outreach, ate -education, aftpublicity, events
production, and promotion of theArb.yo&
Renovation means a capital project or transportation capital project which is a
major redesign of a facility or system or a portion of a facility or system which is included
in the County's capital program budget and which requires a building permit from the
appropriate governmentaljurisdiction. Renovation shall also include a capital project or
transportation capital project which is an expansion or upgrading the capacity of the
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facility or system, enlarging the facility, or creating new use for the facility. It shall not
include repairs, maintenance, installation of mechanical equipment, or modifications
required solely for ADA compliance.
Transportation capital project means any County capital transportation
improvement project costing more than $50,000.00 and paid for wholly or in part by
funds appropriated by the County to construct or renovate any Eligible Construction
Costs for any highway or arterial, bridge or causeway, sidewalk, or bikeway, or any road
beautification project, except any capital transportation improvement project at the
County international airport, a County detention facility or projects funded by the
infrastructure sales tax.
Transportation enhancement project means one or more of the following projects,
prioritized in the following order:
(1) Visual enhancement of facilities for pedestrians and bicycles.
(2) Scenic or historic highway programs, including the provision of tourist and
welcome center facilities.
(3) Landscaping and other scenic beautification projects.
(4) Historic preservation.
(5) Rehabilitation and operation of historic transportation buildings, structures, or
facilities, including historic railroad facilities.
(6) Preservation of abandoned railway corridors, including the conversion and use
thereof for pedestrian or bicycle trails.
Trust fund means the art in public places trust fund created pursuant to this
article and shall include all gifts and donations deposited in the trust fund.
Sec. 32-61. - Art in public places program.
(a) Appropriations for County capital projects shall include an amount equal to
two percent of the total eligible construction costs to be used for the Art In Public
Places program which comprises Artwork in a variety of media produced bX
professional artists. Works may be permanent, temporary or functional and may include,
but not be limited to, murals, sculpture, integrated architectural or landscape
architectural work, digital (new media), performances and festivals, a4d-which may be at
a wide range of forms, and scale 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 Annual Plan master g. Funds appropriated pursuant to
this section shall not exceed $100,000.00 per project. Funds appropriated for one
capital project, but not deemed necessary or appropriate by the mil St. Lucie
Cultural Alliance in whole or in part for that project, may be expended on other
Artworks projects approved under the Annual �a&t4&F Plan plag, subject to any
bond restrictions and legal or grant restrictions. Bond funds shall be appropriated and
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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 percent 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 Annual
Plan relating to such projects. Funds appropriated pursuant to this section shall not
exceed $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
armor display or performance of -Artwork. Performances and- �*vels, which ELa a
A W.- - rRnae of forme -and c,-alo. Artworks and transportation enhancement projects
shall be selected in accordance with the Annual 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 des
should be ensured, insofar as is feasible, by the concurrent selection of the artists 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 the ordinance from which this article is
derived, amounts for artist design services and Artworks described in this article 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-Artworks art and , e-sig , project in
the County, subject to the approved waster Annual Plan. Pooled funds may be used as
seed money for artists' fees to initiate partnerships with private and other public
entities to provide publicartand aesthetic enhancements in the County,
pursuant to a written agreement.
(f) To the extent allowed by grant guidelines and by law, all County agencies
shall, from the effective date of the ordinance from which this article is derived, include
in all applications for funding to outside granting organizations or governmental
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agencies, an amount equal to two percent of eligible construction costs for a capital
project, not to exceed $100,000.00, or an amount equal to one percent of eligible
construction costs for a transportation capital project, not to exceed $100,000.00, for
artist design services and/er Artwork 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 el*Lgiblc
construction Costs• -• by 0.02 or 0.01, as appropriate. • •-
made by the County agency prior to the time of the appropriation for the County's
capital program. • -anne-unt equal to 15 percent Af t• • . _ _ - • of tb-
construction .(which0-0-03 of the. _ • • • • •
. . •• _ * - . & • .. & .. . u u • . _ . � • _ � .
may inctude st-affing, artist
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transportation enhancement nr(i ect. 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 for
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 years.
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Sec. 32-62. -Art in public places trust fund.
(a) Created. There is hereby created the 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 section 32-61(a) and
(b). The Trust fund is also authorized to accept gifts, grants and donations made to the
county for vue ks-ef-rt-Artwork. 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 accounts of the
County. All interest in said account shall accrue to the use and benefit of the trust fund
account.
(b) Term of existence. The 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 the County's fer public art and de
eases -Art in Public Places Program; and said property and funds shall be expended,
utilized and disbursed pursuant to the provisions of this section ordinance.
(d) Appropriations and donations.
(1) Eligible monies appropriated pursuant to this article shall be
transferred to the Trust fund. This transfer shall take place by the end of the fiscal year
where the expenditures occurred for an eligible project.
(2) Funds deposited or credited to the County Art In Public Places Trust
Fund account, , not expended or obligated by the close of any fiscal year, shall be
carried over automatically for a period of three years beyond the close of the County
construction project, or upon recommendation of the Council, carried over for an
additional two years. After such time, the funds may be returned to the County fund
which the transfer came from. The balance in the Arts in Public Places Trust Fund as
of May 2019 is $123,281.84, which includes balances that may exceed these limitations.
This funding will not be transferred back to the originating funds and additional Arts
in Public Places funding transfers will be made beginning in FY 2019-2020.. Any
c-arriedever fer three yeaTs eF, upon request, File `ieaFs and still unexpended at the
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.. .. .. --- - .. _ .. .. ..221WA W72 . _
__.ed, as applicable.
(3) Any gifts, grants and awards received subject to a condition shall be
expended strictly *In accordance with such condition.
Sec. 32-63. - Ownership and maintenance of Artworks.
Unless otherwise provided, ownership of all works of art acquired by the County
under this article shall be vested in the County, incline excluding artists copyrights,
and patents. and ether reproduction rightc The ho-ard
the —rep r duction rights of each acgwsi-tinnyiith advice from the ce�a-. Custody,
supervision, maintenance and preservation of the of Artworks shall be the
responsibility of the County, and shall be carried out by qualified art professionals with
appropriate collaboration with the Council.
Sec. 32-64. - Compliance with state and federal laws.
Nothing in this article shall be deemed or construed to require the County to
appropriate or expend funds if:
(1) The appropriation or expenditure of such funds for the purposes
herein described would not be permitted under any state or federal law, rule or
regulation;
(2) The compliance with this article would in any way affect the treatment
of interest on any bonds or other indebtedness or the County for federal income tax
purposes; or
(3) The compliance with this article would in any way prevent or inhibit
the County's compliance with state or federal laws, rules or regulations relating to debt
obligations of the County.
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 upon filing with the Secretary of State.
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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:
Chair Linda Bartz
AYE
Vice Chair Cathy Townsend
AYE
Commissioner Chris Dzadovsky
AYE
Commissioner Sean Mitchell
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"r
'%.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.
PASSED AND DULY ADOPTED this 13th day of August, 2019.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
BY: '
Deputy derK C air
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CO ssr
m
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AUNTY. r'w��
APPROVED S TO FOR AND
CORRECTNE
BY:
County Atto
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FLORIDA DEPARTMENT 0 f STATE
RON DESANTIS
Governor
August 22, 2019
Honorable Joseph E. Smith
Clerk of the Circuit Court
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
Attention: Ms. Brittany Jones
Dear Mr. Smith:
LAUREL M. LEE
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of St. Lucie County Ordinance No. 19-011, which was filed in this office on August 21,
2019.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us