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01-10-12 Special Workshop MeetingCITY COMMISSION CITY OF DELRAY BEACH, FLORIDA SPECIAL/WORKSHOP MEETING -TUESDAY, JANUARY 10, 2012 6:00 P.M. DELRAY BEACH CITY HALL The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. SPECIAL MEETING AGENDA Pursuant to Section 3.12 of the Charter of the City of Delray Beach, Mayor Nelson S. McDuffie has instructed me to announce a Special Meeting of the City Commission to be held for the following purposes: 1. ORDINANCE NO. 44-11 (FIRST READING): Consider an ordinance providing for revisions to the charter of the City of Delray Beach by amending Article III, “Legislative”, Section 3.02, “City Commission: Composition, Eligibility, Election, and Terms”; Section 3.08, “Vacancies; Filling of Vacancies”; and Section 3.09, “Term Limits”; amending Article V, “Elections”, Section 5.02, “Types of Elections”; to provide for a change in the length of a term from a two year term to a three year term and clarifying the applicability of such change; providing for a referendum election to be held on March 13, 2012. If passed, a public hearing will be held on January 17, 2012. WORKSHOP AGENDA 1. Art in Public Places Presentation 2. Presentation Concerning Virtual Kiosks 3. Commission Comments Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. MEMORANDUM TO: Mayor and City Commissioners FROM: R. BRIAN SHUTT, CITY ATTORNEY DATE: January 6, 2012 SUBJECT: AGENDA ITEM SP.1 -SPECIAL/WORKSHOP MEETING OF JANUARY 10, 2012 ORDINANCE NO. 44-11 ITEM BEFORE COMMISSION Adoption of Ordinance 44-11 regarding a proposed charter amendment related to commission terms and the applicability of such changes. BACKGROUND Pursuant to the direction given by Commission, at its January 3, 2012 regular meeting, I have prepared the following charter amendment related to increasing the length of a term of a Commissioner/Mayor from 2 years to 3 years and providing that no commissioner/mayor who votes on this ordinance shall be allowed to exceed 3 consecutive terms, which includes consecutive terms already served as of the date of the adoption of this ordinance. The proposed ordinance was also changed to provide that in the event a commissioner was appointed, the appointment would not extend beyond the maximum time that is currently allowed, which is approximately 14 months. The charter ballot language was modified to provide that there were changes to clarify the change in terms. This charter amendment would be placed on the ballot for the March 2012 election and, if passed, would be effective starting with the March 2013 election cycle. RECOMMENDATION Commission discretion. ORDINANCE NO. 44-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR REVISIONS TO THE CHARTER OF THE CITY OF DELRAY BEACH BY AMENDING ARTICLE III, “LEGISLATIVE”, SECTION 3.02, “CITY COMMISSION: COMPOSITION, ELIGIBILITY, ELECTION, AND TERMS”; SECTION 3.08, “VACANCIES; FILLING OF VACANCIES”; AND SECTION 3.09, “TERM LIMITS”; AMENDING ARTICLE V, “ELECTIONS”, SECTION 5.02, “TYPES OF ELECTIONS”; TO PROVIDE FOR A CHANGE IN THE LENGTH OF A TERM FROM A TWO YEAR TERM TO A THREE YEAR TERM AND CLARIFYING THE APPLICABILITY OF SUCH CHANGE; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON MARCH 13, 2012; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the governing body of a municipality may by ordinance submit a proposed amendment to the Charter to the electors of the municipality; and WHEREAS, the City Commission of the City of Delray Beach deems it advisable to amend the Charter of the City to provide: (i) that the terms of office for the Mayor and other City Commission Members be extended from two years to three years. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Article III, “Legislative”, Section 3.02, “City Commission; Composition, Eligibility, Election and Terms”, be amended to read as follows: Section 3.02. CITY COMMISSION: COMPOSITION, ELIGIBILITY, ELECTION, AND TERMS. (A) Composition and Term. The City Commission shall be composed of five (5) Commissioners, one of whom shall be duly elected Mayor. All of them shall be elected at large for a term of two (2) three (3) years in the manner provided in this Charter. (B) Staggered Terms. Two (2) Commissioners shall be elected in even-numbered years, and two (2) Commissioners shall be elected in odd numbered years. The Mayor may be elected in an even or odd numbered year. Two (2) Commission seats with terms expiring in 2013 shall be filled by election in 2013 and every three years thereafter, and two (2) Commission seats with terms expiring in 2014 shall be filled by election in 2014 and every three years thereafter. The Mayor’s term commencing in 2013 shall be filled by election in 2013 and every three years thereafter. 2 ORD. NO. 44-11 (C) Length of Mayor’s Term. If a special or regular election is held to fill a vacancy in the office of Mayor, the duration of the Mayor’s term of office will be for two (2) years commencing on the last Thursday in March prior to the special election the remainder of the unexpired term. (D) Term as a Result of a Vacancy. In the event of vacancies, successors shall be appointed or elected in the manner provided in this Charter. Section 2. That Article III, “Legislative”, Section 3.08, “Vacancies; Filling of Vacancies”, Subsection (A), “Vacancy in Office of Commissioner”, be amended to read as follows: Section 3.08. VACANCIES; FILLING OF VACANCIES. The office of a Commissioner, including the Mayor, shall become vacant upon the incumbent’s death, resignation, forfeiture, or removal from office in any manner authorized by law. Any vacancy in the membership of the Commission, other than at the close of a regular term, shall be filled according to the following procedure. (A) Vacancy in Office of Commissioner. In the event of a vacancy other than in the office of the Mayor, the remaining Commissioners, including the Mayor, shall appoint, by a majority vote, a qualified person to fill the vacancy. (1) If the term of office in which the vacancy occurs expires on the last Thursday in March following the next regular City election, the person so appointed shall only serve until that date. (2) If the vacancy occurs sixty (60) or more days preceding the date of the next regular City election, and if the term of office in which the vacancy occurs does not expire on the last Thursday in March following that election, the person so appointed shall serve until the last Thursday in March and the remainder of the unexpired term shall be filled at that election. (3) If the vacancy occurs less than sixty (60) days preceding the date of the next regular City election, and if the term of office in which the vacancy occurs does not expire on the last Thursday in March following that election, the person so appointed shall serve for the entire remainder of the unexpired term. (1) If the vacancy occurs less than sixty (60) calendar days preceding the second Tuesday in March and the term of office expires on the last Thursday in March, following a regular City election, which will occur no later than the second Tuesday in March of the following year, the person so appointed shall serve the unexpired term of the office to which they are appointed. (2) If the vacancy occurs less than sixty (60) calendar days preceding the second Tuesday in March, of a regular City election year, and the term of office does not expire on the last Thursday in March of the following year, the person so appointed shall serve until said last Thursday in March of the following year and a special 3 ORD. NO. 44-11 election to fill the remainder of the unexpired term shall be held on the second Tuesday in March of that year. (3) If the vacancy occurs more than sixty (60) days prior to the second Tuesday in March, of a year when there is no regular City election, the person so appointed shall serve until the last Thursday in March and the remainder of the unexpired term shall be filled at a special election to be held on the second Tuesday in March. (4) If the vacancy occurs more than sixty (60) days prior to the second Tuesday in March, of a regular City election year and the term of office in which the vacancy occurs expires on the last Thursday in that March, the person so appointed shall serve until the last Thursday in March. (45) If a majority of the remaining Commissioners, including the Mayor, are unable to agree, after two (2) regular meetings, upon the appointment of an individual to fill a vacancy., Tthe Commission shall call a special election to fill the vacancy. The special election shall be held within sixty (60) calendar days of the second regular meeting. (B) Vacancy in Office of Mayor. (1) If a vacancy in the office of Mayor occurs at least sixty (60) or more calendar days preceding the date of the next regular City election, there will be an election to fill the Mayor's seat which will be held at the time of the next regular City election. If a vacancy occurs in the office of Mayor less than sixty (60) calendar days preceding the date of the regular City election, the Mayor shall be elected at a special election If a vacancy in the office of Mayor occurs at least sixty (60) or more calendar days preceding the second Tuesday in March, there will be an election to fill the Mayor’s seat which will be held on the second Tuesday in March. If a vacancy occurs in the office of Mayor prior to but less than (60) calendar days preceding the second Tuesday in March, the Mayor shall be elected at a special election to be held on the second Tuesday in May. If a special election is held to fill the office of Mayor, those persons who previously qualified to run for the Mayor's seat and other candidates who qualify pursuant to this Charter and Chapter 34 of the Code of Ordinances may run for the Mayor's seat to be filled at the special election. Notwithstanding anything to the contrary, the Mayor elected at the special election shall assume office after the first regular meeting after being elected. (2) When a vacancy occurs in the office of Mayor, the Vice-Mayor shall automatically succeed to the office of Mayor and shall serve until the last Thursday in March following the next regular City election. Thereafter, the Vice-Mayor shall return to his or her former seat and complete the remainder of his or her Commission term if any part thereof remains unexpired. If a special election is called to fill a vacancy in the office of Mayor, the Vice-Mayor selected at the organizational 4 ORD. NO. 44-11 meeting shall serve until a new Mayor is seated and shall thereafter return to his or her seat. (3) The succession of the office of Mayor by the Vice-Mayor shall create a vacancy in the Commission. The vacancy on the Commission shall be filled in the manner set forth in this Charter except the Commissioner appointed to fill the vacancy created on the Commission as a result of a vacancy in the office of Mayor that occurs sixty (60) days or more before the next election shall serve only until the last Thursday in March following the next regular City election. If a vacancy occurs on the Commission as a result of a vacancy in the office of Mayor less than sixty (60) days before the next election, the Commission seat shall remain vacant, notwithstanding anything to the contrary within this Charter until after the assumption of office of the Mayor after the special election. (4) If the Vice-Mayor is unable or unwilling to succeed to the office of Mayor, then the Deputy Vice-Mayor shall succeed to the office of Mayor. If the Deputy Vice-Mayor is unable or unwilling to succeed to the office of Mayor, the Commission shall then select a Mayor from the remaining Commissioners. If the Commission is unable to select a Mayor by the end of the second regular meeting after the vacancy then a special election shall be held for the election of the Mayor. (5) If a vacancy occurs in the office of Vice-Mayor, the Deputy Vice-Mayor shall automatically become Vice-Mayor and a new Deputy Vice-Mayor shall be selected by the Commission. If a vacancy occurs in the office of Deputy Vice-Mayor, the Commission shall then select a new Deputy Vice-Mayor. (C) Extraordinary Vacancies. In the event that all members of the Commission are removed by death, disability, resignation or forfeiture of office, the Governor shall appoint a Commission, including a Mayor, with full Commission powers. The interim Commission shall then call a special election, as provided under this Charter, to fill the appointed offices. The special election shall be held not more than ninety (90) days after appointment of the interim Commissioners. Section 3. That Article III, “Legislative”, Section 3.09, “Term Limits”, be amended to read as follows: Section 3.09. TERM LIMITS. (A) Term Limit. Individual Commissioners, including the Mayor, shall be prohibited from holding office for more than six (6) nine (9) consecutive years. The term “holding office” shall be defined as serving as Commissioner or Mayor. The term “consecutive years” shall not include any years served as a result of an appointment. Effective for those elected in March of the year 2003 and thereafter, a Commissioner or Mayor may complete the entire term to which they were elected, if a term limit is reached during an elected term. Effective for those Commissioners and Mayor, who voted on this Ordinance, they will only be allowed to serve a total of three (3) consecutive terms, which will include consecutive terms already served prior to the adoption of this Ordinance. In the event a Commissioner, who voted on this Ordinance, is elected Mayor, then any 5 ORD. NO. 44-11 partial year term served as a Commissioner will not count toward the three consecutive term maximum. (B) One Year Hiatus. A person who has served the maximum amount of consecutive time allowed by this Charter as a Commissioner or Mayor shall not assume office again until the last Thursday in March of the year following the expiration of his or her term of office. Section 4. That Article V, “Elections”, Section 5.02, “Types of Elections”, be amended to read as follows: Section 5.02. TYPES OF ELECTIONS. Elections to be held in the City shall all be conducted on a nonpartisan basis without regard for or designation of political party affiliation. (A) Date of Nonpartisan Election. Nonpartisan elections shall be held on the second Tuesday in March of each year in which a term of the mayor or city commissioner expires (which, starting in 2013, will be every three years thereafter, for the mayor and commission seats 1 and 3; and 2014, and every three years thereafter, for commission seats 2 and 4). (B) Ties. In case of a tie in the nonpartisan election, a second nonpartisan election shall be held. (C) Special Election. All other municipal elections that may be held by authority of this Charter, or of any law, shall be known as special elections. Section 5 That this ordinance shall not be effective unless and until the same is approved by a majority of the electors of the City of Delray Beach, Florida, voting at the election to be held on March 13, 2012, for the purpose of approving or disapproving this ordinance. If a majority of the electors voting upon such a question approve the amendment, then the amendment shall be in full force and effect and shall apply to the election held on March 12, 2013 and all elections thereafter. If a majority of the electors voting upon such question disapprove such amendment(s), then the amendment(s) shall be null and void. The question to be submitted to the electors at such election shall be substantially as follows: Question One CHARTER REVISION RELATING TO THE LENGTH OF TERMS AND TERM LIMITS FOR THE COMMISSION MEMBERS AND MAYOR CURRENTLY, THE COMMISSION MEMBERS (INCLUDING THE MAYOR) SERVE TWO-YEAR TERMS, LIMITED TO THREE CONSECUTIVE TERMS. THE CHARTER AMENDMENT PROPOSES THREE-YEAR TERMS, LIMITED TO THREE CONSECUTIVE TERMS AS WELL AS CLARIFYING THE APPLICABILITY OF SUCH CHANGE AS PROVIDED IN ORDINANCE NO. 44-10. IF PASSED THIS AMENDMENT SHALL APPLY TO THE COMMISSIONERS AND MAYOR ELECTED IN MARCH 2013 AND THEREAFTER. 6 ORD. NO. 44-11 SHOULD THE ABOVE-DESCRIBED CHARTER AMENDMENT BE ADOPTED? _____YES (for approval) _____NO (against approval) Section 6. That upon approval of this ordinance by the electors as aforesaid, all ordinances or Charter provisions or parts of Charter provisions in conflict shall be and the same are hereby repealed as of the effective date of this ordinance. Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part declared invalid. Section 8. That this ordinance shall become effective upon its passage on second and final reading. The Charter Amendment shall take effect (and be applicable to the election) on March 12, 2013, if approved by a majority of the electors as provided in Section 3 hereof. PASSED AND ADOPTED in regular session on second and final reading on this the ____________ day of ________________________, 2012. ____________________________________ __ M A Y O R ATTEST: ____________________________ City Clerk First Reading ______________ Second Reading _____________ MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation Alberta Gaum-Rickard, Recreation Superintendent THROUGH: David T. Harden, City Manager DATE: January 4, 2012 SUBJECT: AGENDA ITEM WS.1 -SPECIAL/WORKSHOP MEETING OF JANUARY 10, 2012 ART IN PUBLIC PLACES PRESENTATION ITEM BEFORE COMMISSION Elayna Toby Singer, Palm Beach County Art in Public Places Administrator, will give a presentation regarding public art priorities outlined in the City and CRA's master, strategic and cultural plans as well as in the City's public art ordinance. Delray Beach Public Art City-Wide PLANNING COORDINATION IMPLEMENTATION 2002 March Downtown Delray Beach Master Plan 2003 November Delray Beach Public Art Needs Assessment 2004 July Delray Beach Public Art Master Plan (not adopted) 2006 February Delray Beach Cultural Plan 2006 Creative City Collaborative 2010 April City of Delray Beach Strategic Plan 2010-2015-2025 2010 City of Delray Beach National Citizen Survey HOW IS PUBLIC ART PART OF DELRAY’S PLANS? The plan outlines physical improvements such as beautification, traffic calming, a significant gateway feature off of I-95, the placement of parks and plazas, and the adoption of design guidelines. 2002 March -Downtown Delray Beach Master Plan (City /CRA funded) From introduction… This document demonstrates the existing high value and investment the city has placed in art, culture and heritage – the backbone of public art. 2003 November -Delray Beach Public Art Needs Assessment (City Funded /Public Art Implementation Committee) KEY RECOMMENDATIONS Pass a City Ordinance to establish a Public Art Program Establish the Delray Beach Public Art Committee Establish City Artist Coordinator Adopt the 2004-2005 Priority Public Art Projects 2004 July -Delray Beach Public Art Master Plan (City Funded /Public Art Implementation Committee) Delray Beach Public Art Ordinance Created in 2004 • Recognizes that Public Art is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan • Recognizes that Public Art contributes to the aesthetic enhancement of the community • Recognizes that a superior and diverse aesthetic character of the city's built environment is vital to the quality of the life of its citizens, economic success of its businesses, an attraction for visitors, and a benefit to tourism • Recognizes that Public Art will reflect and enhance the City's diversity, character and heritage through the artworks and designs by artists integrated in the architecture, streets and landscape Delray Beach Public Art Ordinance The City appropriates 1.5% of the total eligible construction costs for: • artist design services • artwork selection and acquisition • installation, exhibition, maintenance of artworks • administration of the public art program Appropriation optional for CIPs less than $200,000 • However, 1.5% of the cost of the projects will be retained for public art and these funds will be pooled for other art projects. Delray Beach Public Art Ordinance Appropriations for CIPs include • eligible bond projects • eligible grant-funded projects • eligible capital projects funded from other sources Appropriations Exclude underground infrastructure improvements i.e. water and sewer mains, storm drainage, wastewater or other underground utilities 2006 February -Delray Beach Cultural Plan (City /CRA funded -Coletta & Company) Executive Summary Throughout its history, Delray Beach has demonstrated a creative nature and special assets – sense of place, human scale, intimacy, civic ambition and a can-do spirit. • Delray Beach lacks a “big picture” for its cultural future and an institutional keeper of the vision. • Delray Beach must compete on its own terms, because to do otherwise homogenizes its experiences. Its niche is as a place of creative, authentic and intimate cultural experiences. • Funding for cultural groups needs to tie back to priorities and goals set by the City of Delray Beach and to hard measures of accountability. • A silo mentality among cultural groups and the absence of a connecting vision means that one plus one doesn’t equal three. 2006 -Creative City Collaborative (CRA funded) CCC is a nonprofit organization created to build the cultural infrastructure that celebrates Delray Beach as a creative, authentic, and intimate City, is tasked with implementing the City’s cultural plan adopted by the City Commission in 2006 and CRA Plan’s Arts Based Economic Development Program The Arts Garage is a multi-disciplinary cultural hub for visual artists, musicians, performers, film presenters and arts educators. The mission of the Arts Garage is to collaborate with emerging artists and cultural innovators to facilitate an exchange of art and ideas and to present cutting-edge, interdisciplinary performances and exhibitions. We are committed to making Delray Beach an international destination for artists and patrons. 2010 April, Strategic Plan 2010-2015-2025 (City funded) What is Public Art • Art installations that create a sense of place and enhance community identity • Art that improves the design quality of public infrastructure • Art that is site specific and relates to the place in which it is located Studio Artist vs. Public Artist Who’s Involved in Developing a Project’s Scope?  User Groups Commissioning Agency Rep. , Staff who know/use the “facility”  Public Art Coordinator (Project Manager)  Public Art Advisory Board (Volunteers)  Community Stakeholders Neighborhood Groups, Local Business Owners Important Questions to consider when developing a project’s scope 1. What are the budgetary and schedule parameters? 2. What type of activities do you foresee happening there? 3. How do you want to feel when you approach the space? 4. Is the location a ‘verb’ a kinetic interactive space or a ‘noun’ static and discrete? 5. What is the area’s history? 6. Are there future development plans? 7. What is the seasonal effect? 8. What are the day and nighttime site conditions? 9. Is there pedestrian or vehicular access? 1. Budget Allocation – 1.5% CIPs 2. Scope Development 3. Call to Artists /RFQ 4. Shortlist Selection 5. Finalist Selection 6. Contract Negotiations 7. Design Development 8. Fabrication 9. Installation 10. Ribbon Cutting 11. Long term Maintenance Public Art Process Calls to Artists /RFQ Does not ask for a specific proposal in initial submittal Short List Selection based on letter of intent, images of past work, resume Finalist Selection based on specific proposal OR interview Artist Eligibility  Specific geographic area?  Professional artist, emerging artist?  Individual artist or team?  Completion of projects similar in budget, scale or scope?  Commissioning Agency Representatives  Community Representatives  Public Art Advisory Board Members -Design Professionals, Arts Professionals, Artists  Public Art Administrator (typically non-voting) Aerial Site View -WPB Intermodal Facility Public Art Project Area = 2700 sq. ft., 100 ft. length Palm Tran Intermodal Facility Artist: Howard Meehan Name: Four Points Office Building Renovation Budget: Design $23,000 (Fabrication/Installation $205,800) Location: 50 South Military Trail, West Palm Beach, FL 33415 Deadline: October 10, 2008 -Applications must be received by 5:00p.m. EST Artwork Scope Palm Beach County's Art in Public Places Program is seeking to hire an artist (artist team) to design site specific integrated artwork(s) for the Four Points Office Building Renovation. It is intended that the artwork will help to create a sense of place and unify the three governmental buildings on the Four Points Office Campus. Artwork(s) shall be integrated into renovation areas including, but not limited to, the building’s entry vestibule, windows, balcony railings, courtyards, interior floors and walls. Artwork(s) must be durable, permanent, low maintenance and in compliance with ADA guidelines. The selected artist(s) will collaborate with the project’s design team which includes Saltz Michelson Architects, Hedrick Brothers Construction (construction manger) and County Facilities Development & Operations Department which includes Art in Public Places Program staff.  Project Description  Budget  Construction Schedule  Subcontractors (i.e. Fabricators, Engineer, Contractor)  Proposed Materials  Design Milestones and Reviews  Insurance Certificates  Final Waiver & Release of Claim  Warranty of Title  Curatorial /Maintenance Documentation Public Artists are DESIGN PROFESSIONALS A few UNIQUE National Standards to be aware of when commissioning Public Art 1) Honoraria are paid to Artists for their designs during the selection phase 2) Although Commissioning Agencies ultimately owns the final artwork and work products created in the design process, the ARTIST owns the copyright 3) There are legal implications to consider if artwork is altered by Commissioning Agency 5.10% 10.26% 2.05% 13.33% 11.79% 1.54%2.56% 4.26% 48.72% Neighborhood Cultural District City or Town ONLY Unified City/County County ONLY Multi country Region State Multi State region Other Public art program distribution: Tallahassee/Leon County Jacksonville Jacksonville Airport Volusia County Brevard County St. Lucie County Ft. Pierce Martin County Palm Beach County West Palm Beach Boynton Beach Delray Beach Broward County Coral Springs Miami-Dade County Miami Beach Monroe County Key West Naples Fort Myers Charlotte County Sarasota Pinellas County St. Petersburg Clearwater Hillsborough County Tampa Tampa Airport Orange County Orlando Orlando Airport Gainesville Art in State Buildings Public Art Programs in Florida Univ. of Westminster study -“For Art’s Sake, Public Art, Planning Policies & their Benefits for Commercial Property” Assessed attitudes of Investors, Developers, Occupiers of Commercial Property re: public art in private development:  Image or attractiveness of a dev. was a significant factor in occupiers selection of bldg. choice  62% occupiers believe that contribution of public art to their bldg. was considerable and provided a commercial advantage Partners for Livable Communities, Wash. D.C. “How to Incorporate Arts & Culture into Neighborhood Business Districts”  Public art contributes to the mix that is a magnet for people, businesses & tourism – public image conveyed by a County/City can be a critical part of spurring local economic development  Enhancing a city’s /county’s identity through the arts make the County/City come alive for investors and visitors. Fences Art in City Hall -“Around Town” Call to Artists LOANED artwork showcases the talents of local artists with an extensive annual art exhibition in the atrium and open areas of the first three floors. The People's Gallery is designed to encourage public dialogue, understanding and enjoyment of the visual arts.Founded in 1989, the GardensArt program is a unique program that exhibits the loaned works of locally & nationally recognized professional artists and photographers. It was established to increase the opportunities for cultural exchange between artists and the community. Burton Barr Central Library presents monthly fine art exhibitions featuring the work of emerging and established Arizona artists. Call to Artists Burton Barr Central Library is seeking submissions from artists for exhibition in 2011 in its @Central Gallery. Proposals will be accepted from artists residing in Arizona, 18 years or older, and not currently represented by a gallery. For local up-and-coming and established artists in Phoenix, @Central Gallery is a great opportunity to exhibit their works. @Central presents solo and group exhibitions. The gallery is open during library hours and is free. Presented by Elayna Toby Singer MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: January 5, 2012 SUBJECT: AGENDA ITEM WS.2 -SPECIAL/WORKSHOP MEETING OF JANUARY 10, 2012 DISCUSSION OF VIRTUAL KIOSKS ITEM BEFORE COMMISSION Presentation from the Downtown Marketing Cooperative (DMC), in partnership with Blue Web Mobile Media, on the new Interactive Virtual Kiosk that has been installed on the north elevation of the Library. BACKGROUND The DMC and Blue Web Mobile Media presented to the Commission at the Workshop meeting of March 8, 2011, the conceptual plans for the Digital Displays, Interactive Kiosks and free Wi-Fi proposed to be installed within the downtown corridor between 5th Avenue (West) to A-1-A (East) and NE 2nd Ave (Pineapple Grove). The DMC stated that they will be entering into an agreement with the Blue Web Mobile Media, which provides for the sharing of revenue generated from the sale of advertisements that are accessed by iPhone, Blackberry and Android users as they enter into the Wi-Fi area. In addition to the free Wi-Fi, Blue Web Mobile Media will be installing four (4) to eight (8) Virtual Kiosks and several digital touch-pad display locations in store windows. The Mega-applications may also be projected from sides of buildings or onto sidewalks. Staff identified potential conflicts with the current sign code based on the proposal, primarily with Sections 4.6.7(E)(6) Design, Prohibition and Restrictions that governs animation, motion or rotation of any part of a sign, structure or display and Section 4.6.7(J)(2) governing Off-Premise Signs. The Commission agreed to allow the DMC and their media partner to erect one (1) of the window displays, have staff review the same and bring the information back to the Commission prior to final approvals or changes to the sign code. Blue Web Mobile Media has installed the digital interactive display at the Library. They are now prepared to do a live demonstration via video to the Commission on the sign and how it works. RECOMMENDATION City Commission is requested to give direction to staff regarding changes to applicable sections of the Land Development Regulations governing signs. Blueweb Mobile Media Corp 777 E. Atlantic Avenue Suite C2-398 • Delray Beach, Florida 33483 • (561) 926-9000• info@bluewebmm.com 1 Downtown Delray Beach Virtual Kiosk Project Demonstration January 5, 2011 *Size of image: The image is adjustable and will not take up more than 20% of space in the window as defined by the current City Ordinance. The image is a projection, meaning that we have full control as to how big or small the image will be. *Color and lighting: Color will be determined by the contact that is projected. It can be changed at anytime as it is software based and not a “static” sign. The LED touch screen is approximately 46” or however big or small as determined by the site. *Location: After discussing with Sarah Martin, Executive Director of the DMC and Alan Kornblau, Executive Director of the Delray Beach Public Library, we have identified a case window on the North side (Atlantic Avenue side) of the Delray Beach Public Library located at 100 West Atlantic Avenue. *Content: The content on the Pilot will be the Delray Beach restaurants, hotels & Spas, auto services, professional services, shopping, sports & fitness, nightlife, event listings, Parking, etc. The icons on the home screen page will have the ability to be scrolled to the left or right as the window will become a touch screen. The logos and content included in the kiosk will be subject to the approval of the DBMC. After a user clicks on any of the secondary screen icons it will take them to any content associated with that particular organization. The user cannot indescrimitely surf the web. Only sites that are linked directly to icons on the kiosk The user at this point can toggle through the site, using their finger as a mouse. After the site remains idol for 45 seconds, the screen will revert back to the welcome turtle. The actual projection displayed in a window. Content not representative of the content to be included in the Kiosk. ORDINANCE NO. 44-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR REVISIONS TO THE CHARTER OF THE CITY OF DELRAY BEACH BY AMENDING ARTICLE III, “LEGISLATIVE”, SECTION 3.02, “CITY COMMISSION: COMPOSITION, ELIGIBILITY, ELECTION, AND TERMS”; SECTION 3.08, “VACANCIES; FILLING OF VACANCIES”; AND SECTION 3.09, “TERM LIMITS”; AMENDING ARTICLE V, “ELECTIONS”, SECTION 5.02, “TYPES OF ELECTIONS”; TO PROVIDE FOR A CHANGE IN THE LENGTH OF A TERM FROM A TWO YEAR TERM TO A THREE YEAR TERM AND CLARIFYING THE APPLICABILITY OF SUCH CHANGE; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON MARCH 13, 2012; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the governing body of a municipality may b y ordinance submit a proposed amendment to the Charter to the electors of the muni cipality; and WHEREAS, the City Commission of the City of Delray Beach deems it advisable to amend the Charter of the City to provide: (i) that the terms of office for the Mayor and other City Commission Members be extended from two years to three years . NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISS ION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Article III, “Legislative”, Section 3.02, “Ci ty Commission; Composition, Eligibility, Election and Terms”, be amended to read as follows: Section 3.02. CITY COMMISSION: COMPOSITION, ELIGIBI LITY, ELECTION, AND TERMS. (A) Composition and Term . The City Commission shall be composed of five (5 ) Commissioners, one of whom shall be duly elected Ma yor. All of them shall be elected at large for a term of two (2) three (3) years in the manner provided in this Charter. (B) Staggered Terms . Two (2) Commissioners shall be elected in even -numbered years, and tw o (2) Commissioners shall be elected in odd numbere d years. The Mayor may be elected in an even or odd numbered year. Two (2) Commission seats with terms expiring in 2 013 shall be filled by election in 2013 and every three years th ereafter, and two (2) Commission seats with terms expiring in 2014 shall be filled by election in 201 4 and every three years thereafter. The Mayor’s term commencing in 2013 shall be filled by election in 2013 an d every three years thereafter. 2 ORD. NO. 44-11 (C) Length of Mayor’s Term . If a special or regular election is held to fill a vacancy in the office of Mayor, the duration of the Mayor’s term o f office will be for two (2) years commencing on the last Thursday in March p rior to the special election the remainder of the unexpired term . (D) Term as a Result of a Vacancy . In the event of vacancies, successors shall be a ppointed or elected in the manner provided in this Charter. Section 2. That Article III, “Legislative”, Section 3.08, “Va cancies; Filling of Vacancies”, Subsection (A), “Vacancy in Office of Commissi oner”, be amended to read as follows: Section 3.08. VACANCIES; FILLING OF VACANCIES. The office of a Commissioner, including the Mayor, shall become vacant upon the incumbent’s death, resignation, forfeiture, or remo val from office in any manner authorized by law. Any vacancy in the membership of the Commission, ot her than at the close of a regular term, shall be filled according to the following procedure. (A) Vacancy in Office of Commissioner . In the event of a vacancy other than in the offi ce of the Mayor, the remaining Commissioners, including t he Mayor, shall appoint, by a majority vote, a qualified person to fill the vacancy. (1) If the term of office in which the vacancy occurs e xpires on the last Thursday in Marc h following the next regular City election, the per son so appointed shall only serve until that date. (2) If the vacancy occurs sixty (60) or more days prece ding the date of the next regular City election, and if the term of office in which the vacancy o ccurs does not expire on the last Thursday in March following that election, the person so appointed shall serve until the last Thursday in Ma rch and the remainder of the unexpired term shall be filled at that election. (3) If the vacancy occurs less than sixty (60) days preceding the date of the next regular City election, and if the term of office in which the vacancy occurs does not expire on the last Thursday in March following that election, the person so appointed shall serve for the entire remai nder of the unexpired term. (1) If the vacancy occurs less than sixty (60) cale ndar days preceding the second Tuesday in March and the term of office expires on the last Thursday in March, following a regular City election, which will occur no later than the second Tuesday in March of the following year, the person so appoi nted shall serve the unexpired term of the office to which they are appointed. (2) If the vacancy occurs less than sixty (60) calendar days preceding the second Tuesday in March, of a regular City election year, and the term of office does not expire on the last Thursday in March of the followi ng year, the person so appointed shall serve until said last Thursday in March of th e following year and a special 3 ORD. NO. 44-11 election to fill the remainder of the unexpired ter m shall be held on the second Tuesday in March of that year. (3) If the vacancy occurs more than sixty (60) days pri or to the second Tuesday in March, of a year when there is no regular City e lection, the person so appointed shall serve until the last Thursday in March and th e remainder of the unexpired term shall be filled at a special election to be held on the second T uesday in March. (4) If the vacancy occurs more than sixty (60) days pri or to the second Tuesday in March, of a regular City election year and the t erm of office in which the vacancy occurs expires on the last Thursday in that March, the person so appointed shall serve until the last Thursday in March. (4 5 ) If a majority of the remaining Commissioners, inc luding the Mayor, are unable to agree, after two (2) regular meetings, up on the appointment of an individual to fill a vacancy., T t he Commission shall call a special election to fill the vacancy. The special election shall be held within sixty (60) calendar days of the second regular meeting. (B) Vacancy in Office of Mayor. (1) If a vacancy in the office of Mayor occurs at least sixty (60) or more calendar days preceding the date of the next regular City el ection, there will be an election to fill the Mayor's seat which wi ll be held at the time of the next regular City ele ction. If a vacancy occurs in the office of Mayor less than s ixty (60) calendar days preceding the date of the regular City election, the Mayor sh all be elected at a special election If a vacancy in the office of Mayor occurs at least sixty (60) or more calendar days preceding the second Tuesday in March, there will b e an election to fill the Mayor’s seat which will be held on the second Tuesday in Ma rch. If a vacancy occurs in the office of Mayor prior to but less than (60) calenda r days preceding the second Tuesday in March, the Mayor shall be elected at a s pecial election to be held on the second Tuesday in May. If a special election is hel d to fill the office of Mayor, those persons who previously qualified to run for the May or's seat and other candidates who qualify pursuant to this Charter and Chapter 34 of the Code of Ordinances may run for the Mayor's seat to be filled at the specia l election. Notwithstanding anything to the contrary, the Mayor elected at the special e lection shall assume office after the first regular meeting after being elected. (2) When a vacancy occurs in the office of Mayor, the Vice-Mayor shall automatically succeed to the office of Mayor and shall serve until the last Thursday in March following the next regular City election. The reafter, the Vice-Mayor shall return to his or her former seat and complete the r emainder of his or her Commission term if any part thereof remains unexpir ed. If a special election is called to fill a vacancy in the office of Mayor, the Vice-Mayor selected at the organizational 4 ORD. NO. 44-11 meeting shall serve until a new Mayor is seated and shall thereafter return to his or her seat. (3) The succession of the office of Mayor by the Vice-Mayor shall create a vacancy in the Commission. The vacancy on the Commi ssion shall be filled in the manner set forth in this Charter except the Commiss ioner appointed to fill the vacancy created on the Commission as a result of a vacancy in the office of Mayor that occurs six ty (60) days or more before the next election shall serve only until the last Thursday in March following the next regular C ity election . If a vacancy occurs on the Commission as a result of a vacancy in the o ffice of Mayor less than sixty (60) days before the next election, the Commission seat shall remain vacant, notwithstanding anything to the contrary within thi s Charter until after the assumption of office of the Mayor after the special election . (4) If the Vice-Mayor is unable or unwilling to s ucceed to the office of Mayor, then the Deputy Vice-Mayor shall succeed to the off ice of Mayor. If the Deputy Vice-Mayor is unable or unwilling to succeed to the office of Mayor, the Commission shall then select a Mayor from the remai ning Commissioners. If the Commission is unable to select a Mayor by the end o f the second regular meeting after the vacancy then a special election shall be held for th e election of the Mayor. (5) If a vacancy occurs in the office of Vice-May or, the Deputy Vice-Mayor shall automatically become Vice-Mayor and a new Deputy Vi ce-Mayor shall be selected by the Commission. If a vacancy occurs in the offic e of Deputy Vice-Mayor, the Commission shall then select a new Deputy Vice-Mayor. (C) Extraordinary Vacancies . In the event that all members of the Commission a re removed by death, disability, resignation or forfei ture of office, the Governor shall appoint a Commission, including a Mayor, with full Commission powers. The interim Commission shall then call a special election, as provided under this Cha rter, to fill the appointed offices. The special election shall be held not more than ninety (90) da ys after appointment of the interim Commissioners. Section 3. That Article III, “Legislative”, Section 3.09, “Te rm Limits”, be amended to read as follows: Section 3.09. TERM LIMITS. (A) Term Limit. Individual Commissioners, including the Mayor, sh all be prohibited from holding office for more than six (6) nine (9) consecutive years. The term “holding office” shall be defined as serving as Commissioner or Mayor. Th e term “consecutive years” shall not include any years served as a result of an appointment. Ef fective for those elected in March of the year 2003 and thereafter, a Commissioner or Mayor may co mplete the entire term to which they were elected, if a term limit is reached during an elect ed term. Effective for those Commissioners and Mayor, who voted on this Ordinance, they will only be allowed to serve a total of three (3) consecutive terms, which will include consecutive t erms already served prior to the adoption of this Ordinance. In the event a Commissioner, who voted on this Ordinance, is elected Mayor, then any 5 ORD. NO. 44-11 partial year term served as a Commissioner will not count toward the three consecutive term maximum. (B) One Year Hiatus. A person who has served the maximum amount of conse cutive time allowed by this Charter as a Commissioner or Mayor shall not assume office again until the last Thursday in March of the year following the expiration of his or her term of office. Section 4 . That Article V, “Elections”, Section 5.02, “Types of Elections”, be amended to read as follows: Section 5.02. TYPES OF ELECTIONS. Elections to be held in the City shall all be cond ucted on a nonpartisan basis without regard for or designation of political party affiliation. (A) Date of Nonpartisan Election . Nonpartisan elections shall be held on the secon d Tuesday in March of each year in which a term of th e mayor or city commissioner expires (which, starting in 2013, will be every three years thereaf ter, for the mayor and commission seats 1 and 3; and 2014, and every three years thereafter, for commission s eats 2 and 4). (B) Ties . In case of a tie in the nonpartisan election, a second nonpartisan election shall be held. (C) Special Election . All other municipal elections that may be held b y authority of this Charter, or of any law, shall be known as special elections. Section 5 That this ordinance shall not be effective unless and until the same is approved by a majority of the electors of the City of Delray Beach, Florida, voting at the election to be held on March 13, 2012, for the purpose of appro ving or disapproving this ordinance. If a majority of the electors voting upon such a questio n approve the amendment, then the amendment shall be in full force and effect and shall apply t o the election held on March 12, 2013 and all elections thereafter. If a majority of the elector s voting upon such question disapprove such amendment(s), then the amendment(s) shall be null a nd void. The question to be submitted to the electors at such election shall be substantially as follows : Question One CHARTER REVISION RELATING TO THE LENGTH OF TERMS AN D TERM LIMITS FOR THE COMMISSION MEMBERS AND MAYOR CURRENTLY, THE COMMISSION MEMBERS (INCLUDING THE MA YOR) SERVE TWO-YEAR TERMS, LIMITED TO THREE CONSECUTIVE TERMS. THE CHARTER AMENDMENT PROPOSES THREE-YEAR TERMS, LIMITED TO THREE CONSECUTIVE TERMS AS WELL AS CLARI FYING THE APPLICABILITY OF SUCH CHANGE AS PROVIDED IN ORDINAN CE NO. 44-10. IF PASSED THIS AMENDMENT SHALL APPLY TO THE COMMISSIONERS AND MAYOR ELECTED IN MARCH 2013 AND THEREAFTER. 6 ORD. NO. 44-11 SHOULD THE ABOVE-DESCRIBED CHARTER AMENDMENT BE ADOPTED? _____YES (for approval) _____NO (against approval) Section 6. That upon approval of this ordinance by the electo rs as aforesaid, all ordinances or Charter provisions or parts of Charte r provisions in conflict shall be and the same are hereby repealed as of the effective date of this ordinance. Section 7 . That should any section or provision of this ordi nance or any portion thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the vali dity of the remainder hereof as a whole or part hereof other than the part declared invalid. Section 8 . That this ordinance shall become effective upon i ts passage on second and final reading. The Charter Amendment shall take ef fect (and be applicable to the election) on March 12, 2013, if approved by a majority of the electors as pr ovided in Section 3 hereof. PASSED AND ADOPTED in regular session on second an d final reading on this the ____________ day of ________________________, 2012. ______________________________________ M A Y O R ATTEST: ____________________________ City Clerk First Reading ______________ Second Reading _____________ MEMORANDUM TO:Mayor and City Commissioners FROM:Linda Karch, Director of Parks and Recreation Alberta Gaum-Rickard, Recreation Superintendent THROUGH:David T. Harden, City Manager DATE:January 4, 2012 SUBJECT:AGENDA ITEM WS.1 - SPECIAL/WORKSHOP MEETING OF JANUARY 10, 2012 ART IN PUBLIC PLACES PRESENTATION ITEM BEFORE COMMISSION Elayna Toby Singer, Palm Beach County Art in Public Places Administrator, will give a presentation regarding public art priorities outlined in the Cit y and CRA's master, strategic and cultural plans as well as in the City's public art ordinance. Delray Beach Public Art City-Wide PLANNING COORDINATION IMPLEMENTATION 2002 March Downtown Delray Beach Master Plan 2003 November Delray Beach Public Art Needs Assessment 2004 July Delray Beach Public Art Master Plan (not adopted) 2006 February Delray Beach Cultural Plan 2006 Creative City Collaborative 2010 April City of Delray Beach Strategic Plan 2010-2015-2025 2010 City of Delray Beach National Citizen Survey HOW IS PUBLIC ART PART OF DELRAY’S PLANS? The plan outlines physical improvements such as beautification , traffic calming, a significant gateway feature off of I- 95, the placement of parks and plazas , and the adoption of design guidelines . 2002 March -Downtown Delray Beach Master Plan (City / CRA funded) From introduction… This document demonstrates the existing high value and investment the city has placed in art, culture and heritage –the backbone of public art. 2003 November -Delray Beach Public Art Needs Assessme nt (City Funded / Public Art Implementation Committee) KEY RECOMMENDATIONS Pass a City Ordinance to establish a Public Art Program Establish the Delray Beach Public Art Committee Establish City Artist Coordinator Adopt the 2004-2005 PriorityPublic Art Projects 2004 July -Delray Beach Public Art Master Plan (City Funded / Public Art Implementation Committee) Delray Beach Public Art Ordinance Created in 2004 •Recognizes that Public Art is consistent with and furthers the goals , objectives and policies of the Comprehensive Plan •Recognizes that Public Art contributes to the aesthetic enhancement of the community •Recognizes that a superior and diverse aesthetic character of the city's built environment is vital to the quality of the life of its citizens, economic success of its businesses, an attraction for visitors, and a benefit to tourism •Recognizes that Public Art will reflect and enhance the City's diversity, character and heritage through the artworks and designs by artists integrated in the architecture, streets and landscape Delray Beach Public Art Ordinance The City appropriates 1.5% of the total eligible construction costs for: •artist design services •artwork selection and acquisition •installation, exhibition, maintenance of artworks •administration of the public art program Appropriation optionalfor CIPs less than $200,000 •However, 1.5% of the cost of the projects will be retaine d for public art and these funds will be pooledfor other art projects. Delray Beach Public Art Ordinance Appropriations for CIPs include •eligible bond projects •eligible grant-funded projects •eligible capital projects funded from other sources Appropriations Exclude underground infrastructure improvements i.e. water and sewer mains, storm drainage, wastewater or other underground utilities 2006 February -Delray Beach Cultural Plan (City / CRA funded -Coletta& Company) Executive Summary Throughout its history, Delray Beach has demonstrated a creative nature and special assets –sense of place , human scale, intimacy, civic ambition and a can-do spirit. •Delray Beach lacks a “big picture” for its cultural future and an institutional keeper of the vision. • Delray Beach must compete on its own terms, because to do otherwise homogenizes its experiences. Its niche is as a place of creative, authentic and intimate cultural experiences. • Funding for cultural groups needs to tie back to priorities and goals set by the City of Delray Beach and to hard measures of accountability. • A silo mentality among cultural groups and the absence of a connecting vision means that one plus one doesn’t equal three. 2006 -Creative City Collaborative (CRA funded) CCC is a nonprofit organization created to build the cultural infrastructure that celebrates Delray Beach as a creati ve, authentic, and intimate City, is tasked with implementing the City’s cultural plan adopted by the City Commission in 2006 and CRA Plan’s Arts Based Economic Development Program The Arts Garage is a multi-disciplinary cultural hub for visual artists , musicians, performers, film presenters and arts educators. The mission of the Arts Garage is to collaborate with emerging artists and cultural innovators to facilitate an exchange of art and ideas and to present cutting-edge, interdisciplinary performances and exhibitions . We are committed to making Delray Beach an international destination for artists and patrons. 2010 April, Strategic Plan 2010-2015-2025 (City funded) What is Public Art •Art installations that create a sense of place and enhance  community identity •Art that improves the design quality of public  infrastructure  •Art that is site Who’s Involved in Developing a Project’s Scope? ƒUser Groups  Important Questions to consider when developing a project’s scope 1.What are the budgetary and schedule parameters? 2.What type of activities do you foresee happening there? 3.How do you want to feel when you approach the space? 4.Is the location a ‘verb’ 1.Budget Allocation –1.5%CIPs 2.Scope Development 3.Call to Artists /RFQ 4.Shortlist Selection 5.Finalist Selection 6.Contract Negotiations 7.Design Development  8.Fabrication 9.Installation 10.Ribbon Cutting 11.Long Calls to Artists / RFQ Does not ask for a specific proposal in initial submittal Short List Selection based on letter of intent,images of past work,resume Finalist Selection based on specific proposal OR interview Artist Eligibility ƒSpecific geographic area? ƒProfessional artist,emerging artist? ƒIndividual artist or team? ƒCompletion of projects similar in budget,scale or scope? ŠCommissioning Agency Representatives ŠCommunity Representatives ŠPublic Art Advisory Board Members -Design Professionals, Arts Professionals, Artists ŠPublic Art Administrator (typically non-voting) Aerial Site View -WPB Intermodal Facility Public Art Project Area = 2700 sq. ft., 100 ft. length Palm Tran Intermodal Facility Artist: Howard Meehan Name:Four Points Office Building Renovation Budget:Design $23,000 (Fabrication/Installation $205,800) Location: 50 South Military Trail, West Palm Beach, FL 33415 Deadline:October 10, 2008 -Applications must be received by 5:00p.m. EST Artwork Scope Palm Beach County's Art in Public Places Pr ogram is seeking to hire an artist (artist team) to design site specific integrated artwork(s) for the Four Points Office Building Renovation. It is intended that the artwor k will help to create a sense of place and unify the three governmental buildings on the Four Points Of fice Campus. Artwork(s) shall be integrated into renovation areas including, but n ot limited to, the building’s entry vestibule, windows, balcony railings, courtyards, interior fl oors and walls. Artwork(s)must be durable, permanent, low maintenance and in compl iance with ADA guidelines. The selected artist(s) will collaborate with the project’s design team which includes SaltzMichelson Architects, Hedrick Brothers Construction (construction mange r) and County Facilities Development & Operations Department which in cludes Art in Public Places Program staff. ŠProject Description ŠBudget ŠConstruction Schedule ŠSubcontractors (i.e. Fabricators, Engineer, Contractor) ŠProposed Materials ŠDesign Milestones and Reviews ŠInsurance Certificates ŠFinal Waiver & Release of Claim ŠWarranty of Title ŠCuratorial / Maintenance Documentation Public Artists are DESIGN PROFESSIONALS A few UNIQUE National Standards to be aware of when c ommissioning Public Art 1)Honoraria are paid to Artists for their designs d uring the selection phase 2) Although Commissioning Agencies ultimately owns the final artwork and work products created in the design process, the ARTIST owns the copyright 3) There are legal implications to consider if artwork i s altered by Commissioning Agency 5.10% 10.26% 2.05% 13.33% 11.79% 1.54% 2.56% 4.26%48.72% Neighborhood Cultural District City or Town ONLY Unified City/County County ONLY Multi Tallahassee/Leon County Jacksonville Jacksonville Airport Volusia County Brevard County St. Lucie County Ft. Pierce Martin County Palm Beach County West Palm Beach Boynton Beach Delray Beach Broward County Coral Springs Miami-Dade County Miami Beach Monroe County Key West Naples Fort Myers Charlotte County Sarasota Pinellas County St. Petersburg Clearwater Hillsborough County Tampa Tampa Airport Orange County Orlando Orlando Airport Gainesville Art in State Buildings Public Art Programs in Florida Univ. of Westminster study -“For Art’s Sake, Public Art, Planning Policies & their Benefits for Commercial Property” Assessed attitudes of Investors, Developers, Occupiers of Commercial Property re: public art in private development: ƒImage or attractiveness of a dev. was a significant factor in o ccupiers selection of bldg. choice ƒ62% occupiers believe that contribution of public art to the ir bldg. was considerable and provided a commercial advantage Partners for Livable Communities, Wash. D.C. “How to Incorporate Arts & Culture into Neighborhood Business Dist ricts” ƒPublic art contributes to the mix t hat is a magnet for people, businesses & tourism –public image conveyed by a C ounty/City can be a critical part of spurring local economic development ƒEnhancing a city’s /county’s identity through the arts make the County/City come alive for investors and visitors. Fences Art in City Hall -“Around Town” Call to Artists LOANED artwork showcases the talents of local artists with an extensive annual art exhibition in the atrium and open areas of the first three floors. The People's Gallery is designed to encourage public dialogue, understanding and enjoyment of the visual arts. Founded in 1989, the GardensArtprogram is a unique program that exhibits the loanedworks of locally & nationally recognized professional artists and photographers.It was established to increase the opportunities for cultural exchange between artists and the community. Burton Barr Central Library presents monthly fine art exhibitions featuring the work of emerging and established Arizona artists. Call to Artists Burton Barr Central Library is seeking submissions from artists for exhibition in 2011 in its @Central Gallery.Proposals will be accepted from artists residing in Arizona, 18 years or older, and not currently represented by a gallery. For local up-and-coming and established artists in Phoenix, @Central Gallery is a great opportunity to exhibit their works. @Central presents solo and group exhibitions. The gallery is open during library hours and is free. Presented by ElaynaToby Singer MEMORANDUM TO:Mayor and City Commissioners FROM:Lula Butler, Director, Community Improvement THROUGH:David Harden, City Manager DATE:January 5, 2012 SUBJECT:AGENDA ITEM WS.2 - SPECIAL/WORKSHOP MEETING OF JANUARY 10, 2012 DISCUSSION OF VIRTUAL KIOSKS ITEM BEFORE COMMISSION Presentation from the Downtown Marketing Cooperativ e (DMC), in partnership with Blue Web Mobile Media, on the new Interactive Virtual Kiosk that ha s been installed on the north elevation of the Library. BACKGROUND The DMC and Blue Web Mobile Media presented to the Commission at the Workshop meeting of March 8, 2011, the conceptual plans for the Digital Displays, Interactive Kiosks and free Wi-Fi proposed to be installed within the downtown corrid or between 5 th Avenue (West) to A-1-A (East) and NE 2 nd Ave (Pineapple Grove). The DMC stated that they will be entering into an agreement with the Blue Web Mobile Media, which provides for the shari ng of revenue generated from the sale of advertisements that are accessed by iPhone, Blackbe rry and Android users as they enter into the Wi-Fi area. In addition to the free Wi-Fi, Blue Web Mobile Media will be installing four (4) to eight (8) Virtual Kiosks and several digital touch-pad displa y locations in store windows. The Mega-applications may also be projected from sides of buildings or on to sidewalks. Staff identified potential conflicts with the curre nt sign code based on the proposal, primarily with Sections 4.6.7(E)(6) Design, Prohibition and Restri ctions that governs animation, motion or rotation o f any part of a sign, structure or display and Sectio n 4.6.7(J)(2) governing Off-Premise Signs. The Commission agreed to allow the DMC and their media partner to erect one (1) of the window displays, have staff review the same and bring the informatio n back to the Commission prior to final approvals o r changes to the sign code. Blue Web Mobile Media has installed the digital interactive display at the Library. They are now prepared to do a live demonst ration via video to the Commission on the sign and how it works. RECOMMENDATION City Commission is requested to give direction to s taff regarding changes to applicable sections of th e Land Development Regulations governing signs. Blueweb Mobile Media Corp 777 E. Atlantic Avenue Suite C2-398 • Delray Beach, Florida 33483 • (561) 926-9000• info@bluewebmm.com 1 Downtown Delray Beach Virtual Kiosk Project Demonst ration January 5, 2011 *Size of image: The image is adjustable and will not take up more than 20% of space in the window as defined by the c urrent City Ordinance. The image is a projection, meaning that we have full control as to how big or small the image will be. *Color and lighting: Color will be determined by the contact that is pr ojected. It can be changed at anytime as it is soft ware based and not a “static” sign. The LED touch s creen is approxi- mately 46” or however big or small as determined by the site. *Location: After discussing with Sarah Martin, Executive Dire ctor of the DMC and Alan Kornblau, Executive Direct or of the Delray Beach Public Library, we have iden tified a case window on the North side (Atlantic Avenue side) of the Del ray Beach Public Library located at 100 West Atlant ic Avenue. *Content: The content on the Pilot will be the Delray Beach restaurants, hotels & Spas, auto services, professi onal services, shopping, sports & fitness, nightlif e, event listings, Parking, etc. The icons on the home screen page will have the abi lity to be scrolled to the left or right as the win dow will become a touch screen. The logos and content included in the kiosk will be subject to the approval of the DBMC. After a user clicks on any of the secondary screen icons it will take them to any content associated w ith that particular organization. The user cannot indescrimitely surf the web. Only sites that are linked directly to icons on the kios k The user at this point can toggle through the site, using their finger as a mouse. After the site rema ins idol for 45 seconds, the screen will revert bac k to the welcome turtle. The actual projection displayed in a window. Conte nt not representative of the content to be included in the Kiosk.