HomeMy WebLinkAbout23-010 ORDINANCE NO.2023-010
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AN ORDINANCE AMENDING THE ST. LUCIE COUNTY 1- o
CODE AND COMPILED LAWS BY AMENDING ARTICLE
III, "ART IN PUBLIC PLACES" SECTION 32-60 X
DEFINITIONS"; "SECTION 32-61 "ART IN PUBLIC LL N d
PLACES PROGRAM"; AND SECTION 32-62 "ART IN 0 c
PUBLIC PLACES TRUST FUND"; PROVIDING FOR `a
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CONFLICTING PROVISIONS; PROVIDING FOR WC7 JZN $
SEVERABILITY; PROVIDING FOR APPLICABILITY; g U g n
PROVIDING FOR FILING WITH THE DEPARTMENT OF
STATE; PROVIDING FOR AN EFFECTIVE DATE; _J E.5 N Y z
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PROVIDING FOR ADOPTION AND PROVIDING FOR iJ zJ W g
CODIFICATION
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the
"Board")has made the following determinations:
1. On October 27, 1987, the Board declared, by Resolution No. 87-230, the St. Lucie County
Council of the Arts, Inc., as the official umbrella arts organization for St. Lucie County,
Florida.
2. On July 6, 1999, the Board created, by Ordinance, an Art in Public Places program.
3. By Resolution No. 09-282,the Board established the Arts&Cultural Alliance of St.Lucie,
Inc., (ACA) as the County's Local Arts Agency.
4. 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.
5. On May 3,2011,the Board,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.
6. On November 5, 2013, the Board 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.
7. In 2014, St. Lucie County disbursed $7,566.82 for the refurbishment and repair of artwork
from the Arts in Public Places Trust Fund to the Arts & Cultural Alliance of St. Lucie, Inc.
There have been no other disbursements from this fund since 2014.
8. The Arts and Cultural Alliance of St. Lucie, Inc. dissolved in 2016.
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9. On December 21, 2017, the Board 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.
10. In 2019, St. Lucie County stopped collecting the specialty plate money and the County
issued$18,373.75 to St Lucie Cultural Alliance for the remainder of collections of specialty
license plate money from FY 2015 to FY 2019.
11. On March 19,2019,the Board approved a resolution repealing Resolution No. 09-282 and
designated the St. Lucie Cultural Alliance as the Local Arts Agency.
12. On August 13, 2019, the Board approved Ordinance No. 19-011 amending the Arts in
Public Places Program, updating definitions, and updating the reference of the local arts
agency to the St. Lucie Cultural Alliance.
13. As of June 27, 2023, the Arts in Public Places Trust Fund balance is approximately
$179,897.98.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
St. Lucie County, Florida:
PART A. Article III of the Code of Ordinances of St. Lucie County,Florida, is amended
as follows:
ARTICLE HI.ART IN PUBLIC PLACES
Sec. 32-60. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Art in Public Places (AiPP) program means the selection, acquisition, insurance costs,
display, maintenance, repair, restoration, and program administrative costs as well as the public
education and marketing of county public art projects. The AiPP program's goal is to display
public art throughout the County, in accordance with the art master plan.
Art Annual-master plan means a manual of criteria for the selection of sites and artwork to be
developed by the S+ r , e C It al n ll e staff and the art __ pubis rlac _ advisory c-mmittee
with public input and approved by the Board of County Commissioners board prior to its
implementation. This manual-plan shall also-provide for a comprehensive program for artwork;
including selection of artwork, taking into account appropriateness to the site, permanence of the
work in light of environmental conditions at the site, maintenance requirements, quality of the
work, likelihood that the artist can successfully complete the work within the available funding,
and the diversity of works already acquired; the manual shall also include the display of donated,
loaned or leased artwork. The art master anal-plan shall also include an estimated budget
addressing condition of the public art, maintenance, repair, de-commissioning, community
outreach, education, publicity, events production, and promotion. The art master plan shall be
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updated and approved by the Board of County Commissioners every five (5) years, beginning in
June 2024.
of one appointee from each county commissioner one county eemmi sioner er their_
chair having the tie breaker veto
Artwork means works produced by professional 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 which 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 St. Lucie Cultural Alliance or any successor organization as designated by the
board.
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.
Public art means the architectural enhancement of a building,the placement of artwork in the
interior or exterior spaces of the building, or special landscape treatments such as parks or plazas.
Public art may be an integral part of the building, situated within or outside the building, may be
located in or near government facilities which have already been constructed, or may be located
in other public places where numbers of people may experience them.
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places advisory committcc. A member of art in public places advisory committee cannot
simultaneeusly-senze-e.n4he-publie-aft-afid-Elesigweemmittee,
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 governmental
jurisdiction. Renovation shall also include a capital project or transportation capital project which
is an expansion or upgrading the capacity of the 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 by 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
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and festivals, 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,
repair and restoration of county artworks, and for the administration of the art master annual
plan. 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 e
St. Lucie Cultural Alliance in whole or in part for that project, may be expended on other
artworks projects approved under the art master annual 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 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 art master 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 display or performance artwork. Artworks
and transportation enhancement projects shall be selected in accordance with the art master
awl-plan and may be temporary or permanent, may be integral to the architecture or may
be incorporated into the project.Integration of the artists'concepts into the project architecture
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
artworks in the county, subject to the approved art master annual-plan. Pooled funds may be
used as seed money for artists' fees to initiate partnerships with private and other public
entities to provide artwork and 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 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 artwork or transportation
enhancement projects, as specified herein.
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(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 time of the appropriation for the county's capital program.
that a Any artwork or transportation enhancement project needing extraordinary operational
or maintenance costs shall 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-sufvey-shall
F th rt L E� ndit„ of the art., rL nd trans„ rt.,tio „ha o ent
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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 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 art in public places program; and said property and funds shall be
expended, utilized and disbursed pursuant to the provisions of this article.
(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 „ period f three years beyond the close of the county construction project, or-upon
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 June 27, 2023 is $179,897.98 May 2019 is
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e,23 28 Qn h h a balances that i eea these limitation This funding
will not be transferred back to the originating funds.
funding transf rs will be made beginning i,, FY 20 o_2020. Said funds will be retained
by the County to maintain the County's current inventory of art previously bought with
Art in Public Places program funds.
(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, excluding artists copyrights, and patents. Custody,
supervision,maintenance and preservation of the 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.
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.
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PART E. 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 re-lettered to accomplish such intention;
provided, however,that Parts B through F shall not be codified.
PART F. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Commissioner Cathy Townsend, Chair AYE
Commissioner Linda Bartz, Vice Chair AYE
Commissioner Chris Dzadovsky AYE
Commissioner Larry Leet AYE
Commissioner Jamie Fowler AYE
PASSED AND DULY ADOPTED this 5th day of September, 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY,FLORIDA
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DEPUTY CL ' 4%, . CHAI
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RON DESANTIS CORD BYRD
Governor Secretary of State
September 20, 2023
Michelle R. Miller
Clerk & Comptroller
St. Lucie County
2300 Virginia Ave.
Fort Pierce, FL 34982
Attn: Vera Smith
Dear Michelle Miller,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of the St. Lucie County Ordinance No. 2023-010, which was filed in this office on
September 19, 2023.
Sincerely,
Anya Owens
Administrative Code and Register Director
ACO/wlh
R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270