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HomeMy WebLinkAboutO-2022-016 Text Amendment (TX-019-22) Amending Ch. 28, Art. 811, Creating Art. 811-130 Entitled Public Art Advisory Board SECOND READINGORDINANCE NO. 2022-016 SECOND READING AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, CREATING THE PUBLIC ART ADVISORY BOARD, BY AMENDING CHAPTER 28, ENTITLED THE "LAND DEVELOPMENT CODE", ARTICLE 811 ENTITLED "PUBLIC ART PROGRAM," BY CREATING SECTION 811-130, ENTITLED "PUBLIC ART ADVISORY BOARD," AND BY REMOVING ALL REFERENCE IN SECTIONS 811-20 AND 811-30 TO THE CREATIVE ARTS COUNCIL ADVISORY BOARD ("CACAB") AS THE CACAB HAS BEEN DISSOLVED; PROVIDING FOR THE APPOINTMENT AND TERMS OF MEMBERS, AS WELL AS DUTIES AND RESPONSIBILITIES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission has determined that it is advisable to create a Public Art Advisory Board to assist the City on the use of public art funds; WHEREAS, the City Commission desires to create the Board with the same formality as the Public Art Program was created to ensure transparency and accountability as to any expenditure of ftmds under the Public Art Program; WHEREAS, the City Commission wished to implement the recommendations identified in the adopted Dania Beach Public Art Plan on June 22, 2021, by Resolution number 2021-085; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Article 811 entitled the "Public Art Program," is amended to create the Public Art Program, at Section 811-130, which states: ARTICLE 811. PUBLIC ART PROGRAM See. 811-20. Definitions. For the purposes of this section, the following words and phrases shall have the following meanings: Building means any structure that encloses space and is used or built for the shelter or enclosure of persons, businesses, or property. .. . ... M M LIP. 0111 . ......... ...... . ... . 11111if f . - I I IN I IM .AM .11 * 01*111 WN W. I IN NOR Fiji ........... Public art plan shall mean a plan adopted by the City Commission, pursuant to a recommendation by the Public Art Advisoly Board GAGAB, or othef bedy as appointed by the City Genffnissia , which shall identify locations for public art and establish a priority order to the City Commission, and which shall be amended from time to time, to ensure a coherent program for acquisition of public art, and program implementation guidelines. Public,4rt Advisory Board is the entily gppointed by the Cily Commission to help administer the public art program and to advise the Cily Commission on all matters regarding the public art program and the public art collection. Public place means any exterior area on public or private property within the City which is easily accessible or clearly visible to the general public from adjacent public property such as a street or other public thoroughfare or sidewalk. See. 811-30. Public art plan and implementation guidelines. (A) The City Commission shall adopt a public art plan and program guidelines. The public art plan and program guidelines shall be reviewed and recommended by the Public Art Advisoly Board GAGAB, or- other- bedy as appointed by the Git�, Goffffnissie and shall be adopted by resolution of the City Commission. Amendments to the public art plan and program guidelines shall be reviewed and adopted in the same manner as the initial public art plan and program guidelines. (B) The City Commission shall make final decisions for all public art acquisitions in accordance with this article and the public art plan and implementation guidelines. The City Ge i i shall ever -see the publie education, and eui-7a4or-ial aspeets of the pr-egr-am. The City Conunission sha4l have author-ization for- eaeh aequisition. See. 811-130. Public Art Advisory Board There shall be created a Public Art AdvisoKy Board whose membership, meetings, duties, an other responsibilities are as described below: A) Membershiv. The Board shall be comDosed of the following members: (i) Four (4) board members must be knowledgeable in one of the identified fields of fine art, be eMployed by M art dealer, art gallery, artists' rgpresentative, museum or other entily which derives income from the sale or displqy of artwork, be a professional in the field of art, architecture, art history, architectural history, urban planning, landscgpe architecture, interior design, grgphic or product design, urban planners, or possess a minimum of a bachelor's degree in said field from an accredited universily, or be involved in an art program within the communi1y. Dania Beach residents and Broward ColDly residents will be eligible to serve on the advisory board. (ii) Three (3) cily residents with a stfenginteFest shall have relatable experience and knowledge of the visual arts; whom shall have been a resident of the Ci1y o Dania Beach for a minimum of six (6) months prior to M such gppointment. For 2 ORDINANCE #2022-016 SECOND READING the first gppointment to the Board, the two members mgy be selected from the formerly active Creative Arts Council AdvisoKy Board. (iii) Each of the members mgy be qppointed by M Cily Commissioner. That the Cily Commission shall qppoint one (1) City Commissioner to sit as a liaison to the Board. Such gppointed Qijy Commissioner liaison shall serve a term consistent with the duration of their election term and without compensation at the pleasure of the Cily Commission of the QLty of Dania Beach. (iv) The Cily Commission shall vote on the selection of each member. The required quorum shall consist of four members. (B) Meeti�?gs. If M member fails to attend three (3) meetings shall automatically be removed from the board, and the Cily Commission shall promptly fill that vacancy. Board meets a minimum of four (4) times per year but mgy meet more frequently as needed. (C) Conflict of interest. If @Lny member of the Board shall find that his private or personal interests are involved in the matter coming before the Board, he shall disqualify himself from all participation in that matter. No member of the Board shall have his or her work of art considered or!qpproved by the Board during their term of service on the Board or for one-year thereafter. (Q) Duties. The board shall review and propose artwork items to be acquired under the Qijy public art program. The board shall issue a recommendation to the Qijy CQmmission for all artwork program acquisitions in accordance with this division. The board shall oversee the public education, and curatorial aspects of the program. The Cjjy Manager, or his/her designee shall provide sppport to the Cily-designated Public Art Consultant and Board. Cily Manager, or designee, shall prepare a budget for staff and other eLpenditures necessga to operate the program and shall deliver an annual report to the Cily Commission. The board shall screen submissions and will recommend to the Cily Commission for final authorization for each acquisition not more than three possible selections, which mgy be existing works of art or new works or art or new commissions. That the duties and responsibilities of such Board shall be to: (i) Review and assist with defining the scope of collections for the Cily's Public Art Collection; (ii) Review gpplications from private developers submitted to meet the Cily's requirement for public art; (iii) Collaborate with the Cily Manager on the development of the Annual Public Art Plan; (iv) Recommend gpproval of the Annual Public Art Plan to Cijy Commission; (y) One member will chair Artist Selection Panel meetings for each project and communicate Panel recommendations; NO Review the Public Art Plan as needed; (vii) Maintain current knowledge of developments and issues in the visual arts and public art; (viii) Attend dedication ceremonies for new public art projects; (ix) Participate in communily engagement activities for public art; (x) Ensure that public art is placed in all sectors of the Qijy. ORDINANCE #2022-016 SECOND READING Section 2. That if any section, clause, sentence, or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. That all ordinances or part of ordinances in conflict with the provisions of the Ordinance are repealed. Section 4. That this Ordinance shall be effective immediately at adoption on second reading. PASSED on first reading on March 22, 2022. PASSED AND ADOPTED on second reading on April 26, 2022. ATTEST: lu4z) THOMAS SCHNEIDER, CMC 10. TAMARA JAMES CITY CLERK (ON A � MAYOR APPROVED AS TO FORM AND CORRECTNESS: E*E/�k. 136UTSIS q!y* ATTORNEY 4 ORDINANCE #2022-016 SECOND READING