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HomeMy WebLinkAboutOrd. 11-016 Art in Public Places Program 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 I-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. Lueie 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 to JOSEPH E. SMITH, CLERK OF THE GIRCU7T COURT 3tseek-threugw portions are deleted. gpINT LUCIE COUNTY e ORON FILE # 3592425 05/152011 a110:11 Underlined portions are added. 1 OR gpOK 3293 FAGS 2965-2970 Doc 7yp : RECORDING: 852 50 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, maybe 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 fitnds 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 maybe 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 proj ect 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. (f) 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 3ir~k-tAreugN portions are deleted. Underlined portions are added. 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 maybe 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 (IS) 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 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 (5) years. (h) The Art in Public Places Program is suspended for twenty-four (241 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>?es to the Program before its reinstatement in twenty-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 I-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 3NU~k-Fkreegk portions are deleted. Underlined portions are added. 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 att. 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 suspension implemented in section 1-4 5-3((~ any funds in the Art in Public Places Trust Fund which are not already encumbered by contract shall be distributed as follows: L) Fifteen thousand dollars ($15000 00) shall be set aside for maintenance of the existing art feces. (2) Any funds placed into the Art in Public Places Trust Fund during Fiscal Year 2010-2011 shall be returned to the county department from where the funds on ing ated. (3) The County will enter into a contract with the Arts and Cultural Alliance of St. Lucia, Inc. for seventy-fom~ 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 by the AIPP funds that were contributed from the Parks MSTU. (~ Forty-six thousand seven hundred and twenty-nine dollars ($46,729.00) shall be returned to the Airport County Capital and Transportation Trust accounts (5) Three hundred and forty-two thousand five hundred and thirty seven dollars ($342,537.001 shall be distributed by grant agreement to the Arts and Cultural Alliance of St. Lucie County, Inc for implementation of the goals of the Strategic Plan as presented to the BOCC on March 22 2011 including hiring an executive director. Sec. 1-4.5-4. NO CHANGES 3truek~threugk+portions are deleted. Underlined portions are added. 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 por4ions 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, Depatrtment 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 Vice Chairman Chris Dzadovsky Commissioner Paula A. Lewis Commissioner Tod Mowery Commissioner Frannie Hutchinson AYE ABSENT AYE AYE 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. portions are deleted. Underlined portions are added. 5 PASSED AND DULY ADOPTED this 3`d day of May 2011, ATTEST: Deputy _;. ~.,°~~.-R,.~ •~~^ugh portions are deleted. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA APPROVED AS TO FORM AND Underlined portions are added. CORRECTNESS